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480-249CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 249 AN ORDINANCF AMENDING ORDINANCE NO. 480, AS · \MENDED. file COMPREHENSIVE ZONING ORDINANCE OF DiE CITY OF SOUTHLAKE, TEXAS: GRANTING A ZONING (tlANGE ON A CERTAIN TRACT OR TRACTS OF LAND ~,VITItIN I'HE CITY OF SOUTHLAKE. TEXAS BEING :\PPROXIMATELY 4.5 ACRES. SFFUATED IN THE R.D. PRICE SI~RVEY. ABSTRACT NO. 992D, BEING TRACT 21, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A' FROM "AG" AGRICULTURAL 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 ZONING Ct tANGES AND AMENDMENTS HEREIN MADE; PROVIDING ~[HAT 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 rfcxas I.ocal Government Code; and. WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the attthority 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 Wt IEREAS. a change in the zoning classification of said property \vas 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 thc ~.'it5 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 Pacilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise [. CT'¥DOCS,ORD CASES',480 249 WPD producing elements and glare of the vehicular and stationary lights and effect of such lights on establishcd character of the neighborhood; location, lighting and t? pes of signs and relation of signs to traffic control and adjacent propcrt?: street size and adequacy of width for traffic reasonably expected to be generated b? the proposed use around the site and in the immediate neighborhood; adcquac? ol'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 surthcing on all parking areas to control dust: effect on the promotion of health ad the general '~xelthre; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on mmsportation, 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 Ci~ Council of the City of Southlake, Texas. does find that there is a public necessity tbr 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 tbr 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 callcd for. and are in thc 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 SOl :IHI.:\KE. 'I IZXAS: 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 hereb.~ amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately 4.5 acres situated in the R.D. Price Survey, Abstract No. 992D, being Tract 21, and more fully and completely described in Exhibit "A" attached L: CTYDOCS ORD',CASES\480-249 WPD Page 2 hereto and incnrporated herein, from "AG" Agricultural District to "CS" Community 5;er~icc District. as depicted on the appro;ed 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 thc 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. ,,,,ords. 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 oftransportatiom 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 ~tses 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. I'exas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances ~here 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 ,,,,'ho resists the enforcement of any of the provisions of this ordinance shall be fined not more than Txxo I'housand Dollars ($2.000.00) tbr each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the Ci~ 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 accrned 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 nntil final disposition by the courts. I. CTYDOCS\ORD\CASES\480 249 WPD Page 3 Section 9. The City Secretary. of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together v,'ith a notice setting out the time and place l'~)r a public hearing thereon at least ten (10) days before the second reading of this ordinance, and il'this ordinance provides for the imposition of any penalty', fine or tbrfeiture for any violation of any or' its prowsions, then the City Secretary' shall additionally publish this ordinance in the official City nex~spaper 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. publication as required b? lax~. and it is so ordained. PASSED AND APPROVED on the 1st reading the -9A'''' This ordinance shall be in Full force and effect from and after its passage and day of~, 1997. ~ITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~J~ day ol~,~g,/'//~ . MAYOR 1997. L:~CTYDOCS\ORDXCASES\480-249.WPD Page 4 '~lll~{k~ ~ITY SECRETARY APPROVED AS TO FOP, M AND LEGALITY: CITY ATTORNEY L ~,CTYDOCS\ORD\CASES\480-249 WPD Page 5 EXHIBIT "A" Beginning at the southwest corner of a tract of land by deed to June Jones and wife, Ella Jones os evidenced by deed of trust of record in Volume 153, Page 12B, Trust Records, Denton County, Texas, said point also being the southwest corner of ¢= tract of land by deed to the City of Soufhloke os recorded in ~ook 95-66058, Deed Records, Denton Counh/, Texas; THENCE THENCE THENCE THENCE THENCE THENCE THENCE North, a dlsfonce of 676.11 feet to a point for a corner; East, a distance of 597.00 feet to a point for a corner in T.W. King Rood; S 08 00' 00" W, a distance of 100.00 feet, to a polnt for a corner; S 23 00' 00" W, a distance of 300.00 feet, to o polnt for a corner; S 15 00' 00" W, a distance of 45.40 feet, to a point for corner; S 14 56' 4B" W, a distance of 267.70 feet, 1o (: polnf for a corner in T.W. King Rood; West, a distance of 187.20 feet, to the POIHT OF BEGINNING, and L:\CTYDOCS\ORD\CASES\480-249.WPD Page 6 Oo.o i L: \CTYDOCS\ORDX CASES\48(~2a9. WPD Page 7 FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 11562813 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 STATE OF TEXAS Ilikty 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: r DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 8/22ME; 11562813. CITY OF SOUTHLAK I358 1x 75L 75 . 79 59 . 25 CITYut-SuuIHLAKE, 08/22-08/22 TEXAS ORDINANCE NO.480-249 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS -..-._- AMENDED THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF ATGKE SGRNIN A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, BEING 51NACRES SITUATED IN THE R.D. - - PRICE SURVEY ABSTRACT NO. 992D BEING TRACT 21, AND IM,ORE FULLY AND COMPLETELY DESCRIBED _ IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SEE- ICE SUBJECT TO E SPECIFIC RE UIRE- 0 DSCONTCNRINTIS INANCETRECING MA '»>_� �+� E OFFICIAL ZONING MAP,' S I .,,aZ___. PRESERVING ALL OTHER PORTIONS OF THE ZONING SI ORDINANCE; DETERMININGIp(ppN TO BEFORE ME, THIS THE 27th DAY OF A GUST r — -1997 THAT THE PUBLIC INTER- "3���_Q. EST, MORALS AND GENER- j 4PR„3,��i, AL WELFARE DEMAND THE p . �.. ZONING CHANGES AND I+�21 ,'ri RHONDA r Notar Public '- AMENDMENTS HEREIN 1.t�'�►^, R. GOKE 0 y THISEORDINANCENG THAT SHALL BE iii .1',. :'h' COMMISSION EXPIRES I CUMULATIVE OF ALL ORDI- rl ..•, .'411 SEPTEMBER 8 TARRANT COUNTY,TEXAS NANCES•PROVIDING A SEV- rh�\oF;E= 1999 ERABILITY CLAUSE_;PROVID- t.-%.•%, - r ING FOR A PENALY FOR VI- OLATIONS HEREOF, PROVIDING A SAVINGSt CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWING SPAPER,: AND ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! IVE DATE. Section 7.Any person,firm or —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT mil-_ corporation who violates, --- disobeys,omits,neglects or - refuses to comply with or who resist the enforcement of'any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars ($2 000.00) for each offense. Each day rain \ that a violation is permitted REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 separate exist shall constitute a offense. PASSED AND APPROVED ON 2ND READING THIS THE ACCOUNT AMOUNT 1GUST 19TH 97, DURING AY FT THE NUMBER CIT57 DUE 59 .25 LAR CITY COUNCIL MEET- ING. /s/Rick Stacy,Mayor IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: PAGE 1 01I /5/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney SCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE E AMOUNT SOUTHLAKE, TX 76092-9595T 59 . 25 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID. NO. 22-3148254 AD ORDER NO. 11483596 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TATE OF TEXAS y 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 NC) I DESCRIPTION AD SIZE TOTAL RATE AMOUNT ( 1 _ INCH/LINE II-8/08ME 11483596 CITY OF SOUTHLAK I358 1x 73L 73 . 79 57 . 67 --- CITY OF SOUTHLAKE. -04/O 8-0 8/0 8 -- TEXAS ORDINANCE NO.480-249 .AN ORDINANCE AMENDING ORDINANCE NO. 480, AS —... AMENDED THE COIuPRE- __. -.... _. HENSIVE ZONING ORDI- NANCE OF THE CITY OF RTE, TEXAS'GANING A N IG CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS, BEING AP- PROXIMATELY 4.5 ACRES IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992D, BE- ING TRACT 21 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL— DISTRICT TO "CS" COMMU- Y SERVICE DISTRICT AlliCT TO THE SPECIFIC REMNNTS CON- THIS ORDI- SIGN E; CORRECTING THE IAL ZONING MAP;PRE- S RVING ALL OTHER POR- 21 S t AUGUST 1997 C TIONS OF THE ZONING OR- SW Tat IS THE DAY OF DINANCE; DETERMINING ¢`.'b�KK•���^ ' THAT THE PUBLIC INTER- "�� EST, MORALS AND GENER- `PayBl4 RHONDA R. GOKE AL O WELFARE DEMAND THE '� ' .. Notary Public UC�V``- 1 ZONING CHANGES AND '? ,i AMENDMENTS HEREIN N �'�•y COMMISSION EXPIRES r MADE' PROVIDING THAT /\ li THIS ORDINANCE SHALL BE �� +PS Q CUMULATIVE OF ALL ORDI- NANCES,' SEPTEb1BER H, 1999 PROVIDING A SEV- �.,oF;- TARRANT COUNTY,TEXAS ERABILIIY CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER• AND PROVIDING AN EFFECTIVE DATE. ��TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT Section 7.Any person,firm or ------A--- corporation who violates, disobeys,omits,neglects or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars ($2ach dal gram \ for each offense. each day REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 kithat a violation is permitted to exist shall constitute a separate offense. PASSED AND APPROVED ACCOUNT AMOUNT DURING THE CITY COUNCIL MF.-'-_NG HELD ON AUGUST NUMBER CI T 5 7 DUE 57 . 67 / acy,Mayor - --- FPAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 /, ,L. LeGrand, APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney elCITY OF SOUTHLAKE N, 667 N CARROLL AVE PLEASE PAY AMOUNT SOUTHLAKE, TX 76092-9595 THIS 57 . 67 PLEASE WRITE IN AMOUNT ENCLOSED