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480-226CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-226 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE C1TY OF SOUTHLAKE, TEXAS BEING LOT 1, BROCK ADDITION, BEING APPROXIMATELY 1.068 ACRES S1TUATED 1N THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "SF- 1 A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONTNG CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT TH1S ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR. VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDiNG FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDiNG AN EFFECTIVE DATE;. WHEREAS, the City of Southlake, Texas is a home role City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance: and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinal~er described property is currently zoned as "SF-1A" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and WltEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Soutblake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs L: \CTY DOCS ',ORD\CAS ES\480 226.CS Page I to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding o f land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested/'or a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance 0fthe City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot lA, Brock Addition, being approximately 1.068 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "SF-1A" Single Family Residential District to "CS" Community Service District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". L :',,CTY DOCS' O RDXCAS ES \480 226.CS Page 2 Seclion 2. That thc City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety-, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City L: \CT'~ DOCS ORD\CAS ES\480-226. CS Page 3 nexvspaper one time within ten (I 0) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. publication as required by law, and it is so ordained. PASSED AND APPROVED on the lst reading the ~/2 dayo~~ This ordinance shall be in full force and effect from and after its passage and , 1997. ATTEST: PASSED AND APPROVED on the 2nd reading the /~ day of~997. L:\CTYDOCS\ORD\CASES\480-226.CS Page 4 APPROVED AS TO FORM AND LEGALITY: ATTEST: C~ITY SECRETARY CITY ATTORNEY L:\CryDocSXORD\CASES\480 226.CS Page 5 EXHIBIT "A" Property being described as Lot 1, Brock Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-44, Page 40, Plat Records, Tarant County, Texas, save and except the portion awarded to the State of Texas by Agreed Judgment entered in Cause No. 153-127796-90, a certified copy of which is recorded in Volume 11284, Page 1121, Deed Records, Tarrant County, Texas. L:\CTYDOCS~ORD\CASES\480-226.CS Page 6 L:\CTYDOCS\ORD\CASES\480-226.CS Page 7 EXHIBIT "B~ ? FED. I.D. NO. 22-3148254 Star-TelegramAD ORDER NO. 10576063 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TI-IE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH I LINE RATE AMOUNT 1 2/21ME 10576063 CITY OF SOUTHLAK I358 1x 74L 74 . 66 48 . 84 CITY OF SOUTHLAKE,TEXAS 0 2/2 1-0 2/2 1 ORDINANCE NO.480-226 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COWIPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF -- -- - - - GRANTING SOUTHLAKE, A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS,BEING LOT 1 BROCK ADDITION; BEING APPROXIMATELY 1.068 ACRES SITUATED IN THE JESSE G. ALLEN SURVEY; ABSTRACT NO. 18, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A"FROM"SF-1A"SN- GLE FAMILY RESIDENTIAL DISTRICT TO"CS" COMMU- NITY SERVICE DISTRICT �J p EM8JECT TO THE SPECIFIC ' \INEDIN ENT THIS OE S I G ,.. 1,: . ' ONCE; CORRECTING THE _FFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- 25th FEBRUARY 1997 S TIONS OF THE ZONING OR- SWORN TO BEFORE ME THIS THEDAY OF DINANCE DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- Rr ZONINGAL FACHANGES DEMAND THE AND 6''� k ..1 RHONDA R. GOKE P Notary Public1 1Q . L-e--k)?--A— AMENDMENTS HEREIN %2' `' '�� 1.1* COMMISSION EXPIRES MADE; PROVIDING THAT e*k• • , THIS ORDINANCE SHALL BE r 5 I NANCEST PROVIDING AOSEDV- r �E/"`i 'j SEPTEMBER 8, i9� TARRANT COUNTY,TEXAS ERABILITY CLAUSE_;PROVID- ING FOR A PENALY FOR VI- OLATIONS HEREOF•. PROVIDING A SAVINGS+ CLAUSE; PROVIDING FOR , PUBLICATION IN THE OFFI- > ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER• AND PRDATEIDING AN EFFECTIVE v TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----j Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or I who resists the enforcement I of any of the provisions of I this ordinance shall be fined not more than Two Thou • - sand Dollars ($2 Each ) rai .i a V' for each offense. Each day - that a violation is permitted vi i a3;.`kia....t,; r' REMIT TO: I . 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a separate offense. PASSED AND APPROVED ACCOUNT AMOUNT DURING THE CITY COUNCIL MEETING HELD ON FEBRU- NUMBER DUE 4 4 ARY 18 1997. /s/Rick Stacy,Mayor ATTEST:/s/Sandra L.LeGrand, PAGE 1 O'1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 1 48 . 84 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10505352 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: TOTAL DATE AD ORDER NO. DESCRIPTION AD SIZE NCH/LINE RATE AMOUNT 2/07ME 1050535 NOTICE OF PUBLIC I358 1x 83L 83 . 66 54 . 78 ' NOTICE OF PUBLIC HEARING 0 2/0 7-0 0/0 7 • NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council - Meeting to be held on Febru- ary 18,1997 at 6:00 p.m.in I the City Council Chambers I of City Hall, 667 North Car- roll Avenue, Southlake, Tex- I as. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-226 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-226 AN ORDINANCE AMENDING AMENDED E THEE COI1PRE HENSIVE ZONING ORDI- NANCE OF THE CITY OF - SOUTHLAKE, TEXAS GRANTING A ZONING` J CHANGE ON A CERTAIN I . ,,,-,i,,,,......)......,: TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- S IAKE14R0CKADDITION,BE SWORN TO BEFORE ME, THIS THE DAY OF ING APPROXIMATELY 1.068 10th FEBRUARY , 1 7 ACRES SITUATED IN THE 1 J� A JES G ALLENNO. SURVEY Notary PublicIQ V` ��lMl.. �^ ABSTRACT NO. 18, AND „, o �+ 1� MORE FULLY AND CO - A4 PLETELY DESCRIBED IN EX- 4.r ,, RHONDA R. GOKE GLE 'A' YM"SIDE SIN- •r •f•� COMMISSION EXPIRES GLE FAMILY RESIDENTIAL i DISTRICT TO"CS"COMMU- fri, %" TARRANT COUNTY,TEXAS SUBJECT TO THE SPECIFIC ''� ','• SEPTEMBER 8, 1999 REQUIREMENT CONTAINED IN THIS ORDINANCE• COR- RECTING THE OFFICIAL Z OTHER PORTIONS PIOF ALL . ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DETERM NINGG OTHATAN HEE; PUBLIC INTEREST MORALS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A — AND GENERAL WELFARE DEMAND THE ZONING CHANGES, HEREIN MA AMEND- MENTS - VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY I CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 HEREOF, PROVIDING A SAV- �'.•. . ,. - •,o j INGS CLAUSE PROVIDING FOR PUBLICATION IN THE PROVIDINGEANP EFFECTIVND E • NCUMBERT C I T 5 7 AMOU DUENT 54 . 78 DATE. Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 refuses to comply with or who resists the enforcement of any of the provisiions of this ordinance shall be fined not more than Two Thou- sand Dollars ($2 000.001 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Cityof Southlake CiSSecrretaryeGrand,t 1 1 1 OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 54 . 78 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED