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480-229CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-229 ,AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED. THE COMPREHENSIVE ZONING ORDINANCE OF TIlE CITY OF SOUTHLAKE. TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CII'Y OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 2.456 ACRES, BEING A PORTION OF TRACT 3B SITLIATED IN THE THOMAS MAI:lAN SURVEY, ABSTRACT NO. 1049, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A' FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO Tt IE 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 GENERA[. WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING TIIAT THIS 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. WIqEREAS. the Cit5 of Southlake. Texas is a home rule 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 Ibr the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan: and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under thc City's Comprehensive Zoning Ordinance: and WHEREAS, 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, thc City Council of the CiLv of Southlake, Texas, at a public hearing called by the City Council did consider the following l;actors in making a determination as to whether these changes shonld be granted or denied: safety of the motoring public and the pedestrians using the l'acilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise L CTYDOCS/ORD~CASES'480 229 CS producing elements and glare of the vehicular and stationa0' lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and ar[jacent 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 oft-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 thc general welfare; effect on light and air: effect on the over-crowding of the land; effect on the coucentration 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 tbr 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 2~r the zoning changes, that the public demands them, that the public interest clearly requires thc 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, WItEREAS, 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 of land, avoids nndue 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 lbund and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts o f land requested tbr a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification lbr 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 SOU I'ItLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake. Texas. passed on the 19th day of September, 1989, as originally adopted and amended. s ~ereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately' 2.450 acres and being a portion of Tract 3B, situated in the Thomas Mahan Sur,,ey, Abstract No. 1049, and more fully and completely described L CTYDOCS',ORD\CASES\480 229CS Page 2 in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "CS" Community Service District. as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". Section 2. That the 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 sobject 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; tn avoid undue concentration of population; and to facilitate the adequate provision of transportation, x~ater, sewerage, drainage and surt:acc 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 thc balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation ,,,,'ho violates, disobeys, omits,-neglects or refi~ses to comply v¥ith 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) tbr each offense. Each day that a ¥iolation 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 wolations 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. L CTYDOCS ORD\CASESX,480 229CS 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 pnblic hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides lbr 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 newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. publication as required by law, and it is so ordained. Section 10. This ordinance shall be in full tbrce and effect from and after its passage and PASSED AND APPROVED on the 1st reading the /~ day of~,/~ , 1997. 'TqAYbR ~- ~  ATTEST: ciq'¥ S CRETAR¥ PASSED AND APPROVED on the 2nd reading the ~k~ day of~, 1997. MA'Y6R L: ,CTYDOCS ORD\CASES\480-229 CS Page 4 APPROVED AS TO FORM AND LEGAL[TV: ATTEST: CITY SECRETARY CFFY ATTORNEY L/CTYDOCS~ ORD\CASES/480-229 CS Page 5 EXHIBIT "A" BEGINNING at a 3/4 inch iron rod found for the northeast comer of Lot 8, Block A of Briarwood Estates, Phase I, an addition to the City of Sonthlake, Tarrant County, Texas as recorded in Volume 388-139, Page 7 (DRTCT) and being an interior ell corner in the west line of said Rodgers tract of land; THENCE North 00 degrees 33 minutes 10 seconds East, departing the west line of said Rodgers, a distance of 97.23 feet to a 5/8 inch iron rod set for comer; THENCE South 89 degrees 30 minutes 50 seconds East, a distance of 297.89 feet to a 5/8 inch iron rod set for comer; THENCE South 01 degrees 16 minutes 22 seconds West, a distance of 220.02 feet to a 5/8 inch iron rod set for corner; THENCE South 89 degrees 30 minutes 50 seconds East, a distance of 226.29 feet to :~ 5/8 inch iron rod set for corner in the west line of Kimball Road, from which a 60d nail found f6r the northeast comer of said Rodgers tract of land bears North 00 degrees 01 minutes 14 seconds West, a distance of 748.89 feet; TItENCE South 00 degrees 01 minutes 14 seconds East, with the ,,vest right-of-way line of said Kimball Road, a distance of 80.00 feet to a 5/8 inch iron rod set for the southeast comer of said Rodgers tract of land; THENCE North 89 degrees 30 minutes 50 seconds West, with the south line of said Rodgers tract of land, a distance of 522.22 feet to a 5/8 inch iron rod set for the most southerly southwest comer of said Rodgers tract of land and being the most southerly northeast corner of Lot 7, Block A of said Briarwood Estates; TI IENCE North 00 degrees 33 minutes 10 seconds East, with the west line of said Rodgers tract of land and the east line of Block A of said Briarwood Estates, a distance of 202.77 feet to the POINT OF BEGINNING, containing within these metes and bounds 2.456 acres or 106,978 square feet of land, more or less. L:xCTYDOCS\OR D~,CASES\480-229 CS Page 6 2 L XCTYDOCS\ORD {'ASES\480 229 CY , / Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 10645555 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 -HE STATE OF TEXAS ;ounty 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. I DESCRIPTION AD SIZE INTOOTLINE RATE AMOUNT 3/07M 1064555I5 CITY OF SOUTHLAK I358 1x 76L 76 . 66 50 . 16 CITY OF SOUTHLAKE,.ORDINANCE NO.480-22AS 0 3/0 7-0 3/0 7 AN ORDINANCE AMENDING ORDNE BNO.COM AMENDED, THE PRE- HENSIVE ZONING ORDI-i NANCE OF THE CITY OF ..______... SOUTHLAKE, A ZONING CHANGE ON A CERTAIN I TRACT OR TRACTS OF LAND FI WITHIN THE CITY OF SOUTH-I _..............._._. _. . __._._.-._....._.__._._--__- .-...__._.. _ _... __--.. LAKE, TEXAS, BEING AP-I PROXIMATELY 2.456 ACRES BEING A PORTION OF TRACT 3B SITUATED IN TEH THOMAS MAHAN SUR- VEY, ABSTRACT NO. 1049 AND MORE FULLY AND COMPLETELY' DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SER- VICE DISTRICT,SUBJECT TO THE SPECIFIC REQUIRE-I N. MENTS CONTAINED IN THIS ORDINANCE CORRECTING. S I G THE OFFICIAL ZONING MAP PRESERVING ALL OTHER PORTIONS OF THE ZONING S THAT THE PUBLIC INTER- ODINANCE; DETERMINING SWORN TO BEFORE Mo E� THIS THE 10th DAY OF MARCH EST, MORALS AND GENER- AL WELFARE DEMAND THE _ ZONING CHANGES AND ,pr,n,,h ` ,.. AMENDMENTS HEREIN 7P �a�4 RHONDA R. GOKE NotaryPublic ��tA.h�Y1 - ---' MADE• PROVIDING THAT 2 a.,�y P. THIS ORDINANCE SHALL BE ; i //�•iCOMMISSION CUMULATIVE OF ALL ORDI-' �j° S ER EXPIRES NANCES PROVIDING A SEV- 4N`•. l\ II INGBFOR A PENALTY FOR VI- 1'i fi1...,`=�+` SEPTEM(•3ER 8, 1999 TARRANT COUNTY,TEXAS OLATIONS HEREOF' PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- PROVIDNG ANPEF�ECTIVE j ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DATE. SECTION 7. Any person,_ I firm,or corpora- c TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A� ----I Lion who violates, disobeys, _— omits, neglects, or refuses �- to comply with or who re- °F P E O F sists the enforcement of any of the provisions of this ordi- CFIY nance shall be fined not CITY 1 r. more two than thousand dol- lars than )for each of- fense.Each day that a viola-dram \ tion is permitted to exist REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 shall constitute a separate offense. PASSED AND APPROVED THIS THE 4TH DAY OF MARCH ACCOUNT C I T 5 7 AMOUNT 50 . 16 REGULAR CITY THE Y COUNCIL NUMBER DUE MEETING OF THE CITY OF SOUTHLAKE,TEXAS. /s/Rick Stacy,Mayor PAGE I OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: /s/Sandra L.LeGrand, I City Secretary I APPROVED AS TO FORM: '/s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 50 . 16 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram rtU. I.U. INV. LL J14 SLb4 AD ORDER NO. 10576064 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE INCH/LINETO RATE o AMOUNT 2/21ME 10576064 NOTICE OF PUBLIC I358 1x 80L 80 . 66 52. 80 NOTICE IS HEREBY GIVEN to 0 2/2.I:-0?!2 i. 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 March 4, 1997,at 6:00 p.m.in the City Council Chambers of City Hall 667 North Carroll ---- --- - Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading _.....-.._.. of the following ordinance: CITY OF SOUTHLAKE,TEXAS --�- ORDINANCE NO.480-229 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED; THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF "HANGSOUTHLAKE, TEXAS;I GRANTING A ZONING ^RANGE ON A CERTAIN 2ACT OR TRACTS OF LAND SIG l� ���,� Cd---)±) 'ITHIN THE CITY OF SOUTH- J l.. �_�1> �� 4KE, TEXAS, BEING AP- ROXIMANELY 2.456 ACR- 25th FEBRUARY 1997 ERS BEING A PORTION OF TRACT 38 SITUATED INTHE SWORN TO BEFORE ME, THIS THE DAY OF , THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, AND MORE FULLY AND COM- PLETELY EX OKE !\1 �� "A"DESCRIBED IN RI- �P Y '•t"'�' RHONDA R. GOKE Notary Public "II'�r'/AI/eW.•.1'„` HIBIT FROM "AG" AGRI- CULTURAL Qr '•Or��� CULTURAL DISTRICT TO i ' '•n� "CS" COMMUNITY SERVICE s•=• •� COMMISSION EXPIRES DISTRICT,SUBJECT TO THE �„3 ;Hs • EjalC-- SPECIFIC REQUIREMENTS j y �f CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING OR- DINANCE, DETERMINING THAT THE PUBLIC INTERE-) ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SET MORALS AND GENER- AL WELFARE; DEMAND THE __ • ZONING NGESHER INE D TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� MADE' PROVIDING THAT - THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCE PROVIDING A SEV- ERABILITY CLAUSE'PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF r g r . p...� n I PROVIDING A SAVINGS ra '�4/ CLAUSE; PROVIDING FOR "" b + �-�Gi J a, o Y PUBLICATION IN THE OFFI- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CIAL NEWSPAPER,' AND PROVIDING AN EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person,firm or a corporation who violates, NUMBER (ITS? DUE 5 2• 8 0 disobeys,omits,neglects or refuses to complywith or who resists the entorcement IF ANY QUESTIONS, PLEASE CALL(817)390-7885 of any of the provisions of PAGE 1 0E1 this ordinance shall be fined nor more than Two Thou- sand Dollars (5000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake /s/Sandra L.LeGrand, Sity_Secretary , CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY , 52. 80 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED