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480-233CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -233 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 CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 50.632 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING TRACT 10, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "NR -PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "CS" COMMUNITY SERVICE DISTRICT USES, 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 ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT 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. WHEREAS, the City 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 for 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 the 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, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these L:\CTYDOCS\ORD\CASES\480-233.PUD Page 1 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 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 of 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 for 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 of the 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: L:\CTYDOCS\ORD\CASES\480-233.PUD Page 2 Being a 50.632 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 10, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "NR- PUD" Non - Residential Planned Unit Development District with "CS" Community Service District uses, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". The use of the above property shall further be subject to the conditions, restrictions and limitations set forth in the Development Standards contained in 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 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 L:\CTYDOCS\ORD\CASES\480-233.PUD Page 3 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 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. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 1997. MA 'MR a' x = ATTEST: PASSED AND APPROVED on the 2nd reading the day of , 1997. *�VtH t ( JY16R ATTEST: �, /I i L:\CTYDOCS\ORD\CASES\480-233.PUD Page 4 EFFECTIVE: APPROVED AS tO FORM AND LEGALITY: Z �- k6&m, CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-233.PUD Page 5 EXHIBIT "A" BEGINNING AT A 1/2" FOUND IRON ROD AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, RECORDED IN CABINET A, SLIDE 2555, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE N 00 ° 01'12" E, WITH THE EAST LINE OF LOT 1, BLOCK 1, CARROLL ISD NO. 1 ADDITION, A DISTANCE 1327.98 FEET TO A FOUND 1/2" IRON ROD; THENCE S 89 0 52'35" E, GENERALLY ALONG AN OLD BARB WIRE FENCE, PASSING A 2 1/2" OUTSIDE DIAMETER PIPE AT 1646.99, FEET IN ALL 1650.00 FEET TO A SET 1/2" IRON ROD FOR A CORNER, SAID POINT BEING IN WHITE CHAPEL BLVD AND BEING IN THE CALLED EAST LINE OF THE T. HOOD SURVEY; THENCE S 00 0 01'24" W, WITH THE CALLED EAST LINE OF THE T. HOOD SURVEY AND WHITE CHAPEL BLVD, A DISTANCE OF 1340.98 FEET TO A SET PK NAIL FOR A CORNER; THENCE N 89 0 36'57" W, WITH THE NORTH LINE OF BLOCK 1, OAK HILLS ESTATES, PASSING 1/2" IRON RODS AT 16.94 FEET AND 32.28 FEET, IN ALL 1339.07 FEET TO A 1/2" FOUND IRON ROD FOR AN ANGLE POINT AT THE COMMON CORNER OF OAK HILLS ESTATES, AND LOT 1, BLOCK 1, SANDLIN ESTATES; THENCE N 88 0 36'10" W, WITH THE NORTH LINE OF LOT 1, BLOCK 1, SANDLIN ESTATES, A DISTANCE OF 310.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 50.632 ACRES OF LAND, MORE OR LESS. L:\CTYDOCS\ORD\CASES\480-233.PUD Page 6 as +a�. - ACC ..®�= r SNOU it go all L I 6i 1! UW a W In �n Q _ _IWO w I O o 3 J R I O U L:\CTY-DOCS\ORD\CASES\480-233.PUD Page 7 FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10879428 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: iTOTAL DATE AD ORDER NO. DESCRIPTION AD SIZE INCH,uNE RATE o AMOUNT 4/19ME 1087942 CITY OF SOUTHLAK I358 1x 79L 79 . 79 62 . 41 • --CITYo �IrFiASO NO.4E azx3A3s 0 4/19—0 4/�,9 _._AN ORDINANCE ORDINANCE AMENDING URDIT -1. NO. 423U ,i� AMENDED, THE CO ORW I HENSIVE Z�HEIN CITY OF NANCE OF TEXAS, SOUTHLAKE, ZONING I GRANTING A CERTAIN CHANGE O TRACT ORTRCTS OF LAND WITHIN THE CITY BEING50.UAP- LAKE TEXAS, 632 PROxIMATELY ACRES M.SITUATED IN SURVEY, OMAS M. ABSTRACTRAN�• iD6' AND BEING CO AND M- MORE FULLY AND EX- PLETELY D R AG AGRI- HINT "A" CULTURA NSTRICT TO_ ON-RESIDE IAL MNTNDISTRICIT WITH ''OS COMMUNITY SERVICE DIS S I G • THE T SPECIFICUBREOUIRE THIS SUE ORDINANCE;OFFI -, NINGINCMAP; ORN TO BEFORE ME, THIS THE23rd DAY OF APRIL , 1997 PRESERVING ALL OTHER �+Yv PORTIONS OF THE ZONING r, ORDINANCE; DETERMINING nor :; -10 THAT THE PUBLIC INTER • '+,,• ---P • �� `ST, MORALS AND GENER- � RHONDA R. GOKE Notary Public l.�-1 AL WELFAREANN .,• COMMISSION EXPIRES • AMENDMENTS V. .,,,• +�� SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS THIS ORDINANCE SHALL BE NANCESTPROF DING A SL EV- WGBILITY FOR A PEALS HEREOF- PL OLATIONSA SAVINGS IGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING PROVIDING FOR CLAUSE; PUBLICATION IN THE OFFI- PROVIDING AN EFFECTIVE FEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� DATE. SECTION 7. Any Person,.firm or corpordisobeys, (�lion who violates, OFFICE O F omits, plyne with or it oects or sre- ta to compry y iniTY SECRETARY of the a enf one of thlstordii- nance shall be fined not REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 Dollarstha(52 000 00)us for each offense.Each day that rmitted a violation Is pe Seer_ ACCOUNT C I T 5 7 AMOUNT 62.41 ist shall constitute a NUMBER DUE ratee offense. APPROVED !,i PTH SE�HE ND TH DAY OF THRIL, 1997, DURIINOUNCIL PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 REGULAR CITY MEETING OF THE CITY OF SOUTHLAKE, /s ick Stacy,Mayor AEST: /s/Sandra L.LeGrand, Waecretaryy TO FORM: /s/E.A Allen Taylor,Jr., City City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 62. 41 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 10796681 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 IPSTATE OF TEXAS my 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 TOINCHTUNE RATE AMOUNT 4/04ME 10796681 NOTICE OF PUBLIC I358 1x 92L 92 QUOTE 72. 68 PUBLIICHEARING 04/04-04/04 I, 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 April 15,1997 at 6:00 p.m.in the i City Council Chambers of the City Hall,667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing is to consider the second reading - - - of the following ordinance: CITY OF SOUTHLAKE ORDINANCE NO.480-233 AN ORDINANCE AMEND- ING ORDINANCE NO. -- , -- - 480_ AS AMENDED, THE oOMPREHENSIVE ZON- G ORDINANCE OF THE OF SOUTHLAKE, XAS; GRANTING A NING CHANGE ON A ERTAIN TRACT OR — TRACTS OF LAND WITHIN THE CITY OF SOUTH- Si PROXIMATELYBEI50.6 2 SWORN TO BEFORE ME, THIS THE 10th DAY OF APRIL 1997 ACRES SITUATED IN THE �, ,�,�� THOMASY, M. T HOOD S0R, .l, "^(�-�V�ti � . VEY,ABSTRACT NO. UR- �Rr.•�, '� j RHONDA R. GOKE $ Notary Public AND BEING TRACT 10, �;• e�'rl ))-Efrk--L AND MORE FULLY AND 12 •,n�f COMPLETELY DE- %.' :•t COMMISSION EXPIRES 1 SCRIBED IN EXHIBIT "A" i FROM"AG"AGRICULTUR- r i•'� AL DISTRICT TO "NR- ,,.,,,,..a;$ SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PUD" NON-RESIDENTIAL PLANNED UNIT DEVEL- OPMENT DISTRICT WITH "CS" COMMUNITY SER- VICE DISTRICT USES, c BREW;R MENTS CON-I ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TAINEu IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----A MAP; PRESERVING ALL . OTHER PORTIONS OF THE ZONING ORDI-I OFFICE OF NANCE- DETERMINING OFFICE THAT THE PUBLIC INTER- EST, MORALS,AND GEN- CITY SECRETARY ERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS ram HEREIN MADE; PROVID- ING REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ING THAT THIS ORDI- NANCE SHALL BE CUMU- LATIVE OF ALL ORDI- NANCES;IL TY OVIDINGS A ACCOUNT C I T 5 7 AMOUNT 72 . 68 PROVIDING FOR A PEN- NUMBER DUE ALTY FOR VIOLATIONS HEREOF; PROVIA SAVINGS CL USE!NPRO- PAGE 1 oii IF ANY QUESTIONS, PLEASE CALL(817)390-7885 VIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER; AND PRO- VIDING AN EFFECTIVE DAl a. Section 7. Any person, firm or corpora-' tion who violates, disobeys, omits, neglects, or refuses to comply with or who re- sists the enforcement of any )f the provisions of this arch-IF SOUTHLAKE ance shall be fined not more than two thousand dol- lars(52000.00)for each of-CARRELL AVE fence.Each day that a viola- tion is permitted to exist A K E , T X 7 6 0 9 2-9 5 9 5 PLEASE PAY 72.68 shall constitute a separate offense. THIS AMOUNT City of Southlake Sandra L.LeGrand City Secretary t PLEASE WRITE IN AMOUNT ENCLOSED •