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480-258CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -258 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 3.446 ACRES SITUATED IN THE WILSON MEDLIN SURVEY, ABSTRACT NO. 1588, AND BEING A PORTION OF TRACT 3 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 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 changes should be granted or denied: safety of the motoring public and the pedestrians using L:\CITYDOCS\ORD\CASES\480-258.WPD Page 1 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: Being approximately 3.446 acres situated in the Wilson Medlin Survey, Abstract L:\CITYDOCS\ORD\CASES\480-258.WPD Page 2 No. 1588, and being a portion of Tract 3 and more fully and completely described in Exhibit "A" 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 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 L:\CITYDOCS\ORD\CASES\480-258.WPD Page 3 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 L6— day of 7. — �81 a i ATTEST: `. I H LA //i,_ .0% O i y CITY SECRETARY PASSED AND APPROVED on the 2nd reading the —L day of , 1997. L:\CITYDOCS\ORD\CASES\480-258.WPD Page 4 s9! ATTEST: dA }� All "A CITY SECRETARY EFFECTIVE: & ) 6,-! { q APPROVED AS TO FORM AND LEGALITY: CITY ATTOR)l L:\CITYDOCS\ORD\CASES\480-258.WPD Page 5 EXHIBIT "A" TRACT DESCRIPTION Being a tract of land in the WILSON MEDLIN SURVEY, A -1588, Denton County Texas and being all of a tract of land as recorded in deed to Fred Paul Elliot in Volume 477, Page 302 Deed Records Denton County, Texas and by deed to The City of Southlake as recorded in Document No. WD 95— R00 ? ? ? ? ?? DRDCT, and being more particullarly described as follows: BEGINNING at a found 1/2" • iron rod being in the east line of the said Wilson Medlin Survey being by deed call South a distance of 1320 feet from northeast corner of said Survey; THENCE South a distance of 260.00 feet, along the west line of a 51.99 acre tract as recorded on Volume 595, Page 340 Deed Records Denton County, Texas and said survey line, to a found 1/2" iron rod for a corner; THENCE N 89' 59' 57" W passing a 1/2" iron rod found in the east line of T.W. King Road at 539.38 feet, in all a distance of 577.32 feet to a found 1/2" iron rod for a corner in the east line of TROPHY CLUB, Section Nine; Rec. in Volume 16, Page 17, Plat Records Denton County, Texas; THENCE N 00' 00' 33" E along the east line of said TROPHY CLUB, Section Nine, a distance of 260.00 feet to a found 1/2" iron rod for a corner at the southwest corner of a tract recorded in Volume 1167, Pg 71 Deed Records Denton County, Texas; THENCE S 89' 59' 57" E passing a 1/2" iron rod found, at 38.00 feet, in all a distance of 577.28 feet to the point of beginning containing 3.446 acres of land, more or less. L: \CTYDOCS \ORD \CASES \480 -258. W PD Pala 6 EXHIBIT "B" N ^{ 3 ` 0 ° p, e e a aaaa � t ► •yJa XY a $ L 3 N Of N h 3xv - mAg06 d0 AM 3079 AWOUA AYM A 1N9I8 NOUVOIC30 03SOe s yy y 01Mq3tl if OYYA VNIN dF -�� liP I �3 gaa •�g or :� i • S' 3 All ;=_ a fill ros lnln)fY)AYwYMO • i11i } - -- --- ---- tld u �4 t- Stu 9' ' r s t � I •.S =S � � i:i f n�f �:� 1 . lP /Ri i99 d ' e 9 z �s El. y ; � �r !� a 0 tlri e E !g!`' "6 ,7 �� 88Yt�� 'sA3.�i� k B L:\CTYDOCS\ORD\CASES\480-258.WPD Page 7 r z � � !! e zoa ! co Cl. Q � � i 9 L.� z z 6 ' ' All ;=_ a fill ros lnln)fY)AYwYMO • i11i } - -- --- ---- tld u �4 t- Stu 9' ' r s t � I •.S =S � � i:i f n�f �:� 1 . lP /Ri i99 d ' e 9 z �s El. y ; � �r !� a 0 tlri e E !g!`' "6 ,7 �� 88Yt�� 'sA3.�i� k B L:\CTYDOCS\ORD\CASES\480-258.WPD Page 7 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 11841120 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 flISTATE 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: i DATE AD ORDER NO. DESCRIPTION AD SIZE TINTOTLINE RATE AMOUNT 10/10ME , 11841120 CITY OF S�OUTHLAK I358 1x 75L 75 . 79 59 . 25 CITY O SOUTHLAKE, 10/1 0--14_/_1$.TEXAS . .. ORDINANCE NO.480-258 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS• GRANTING A ZONING ----- CHANGE ON A CERTAIN--.._..�_— _.... ._. TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING AP- PROXIMATELY 3.446 ACRES, SITUATED IN THE WILSON MEDLIN SURVEY. AB- STRACT NO.1588,AND BE- ING A'PORTION OF TRACT 3 AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRI- CULTURAL DISTRICT TO 'CS" COMMUNITY{J SERVICE AGRI- CULTURAL SFtEQUIREMENTS ONTAINED IN THIS ORD. SIG1- �� NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- S SERVING o SOFTHE ONINGO o=SWORN TO BEFO IS THE 14th DAY OF _ OCTOBP ? I9 NANCE DETERMINING ^ THAT. FAHE PUBLICDM INTER- EST,-.MORALS . •�Fy v`.. U�ikA{AND GENER- ��rr����R,••••••.y.4 u 9 AL WELFARE_DEMAND THE ,dq•'` :ti RHONDA R.COKE ZONIG CHANGES ANDS _' , `•^4 Notary Public AMENDMENTS HEREIN 3•�Nr i•i COMMISSION EXPIRES MADE' PROVIDING THAT r,p, 1-7 THIS ORDINANCEVE- ALL ORDI- rem /.`i'}'F SEPTEMBER 8, 1999 NANCES-PROVIDING A SEV- '`tCQ�:1 TARRANT COUNTY,TEXAS ERABILIT'CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONS_ HEREOF PROVIbING-"A SAVINGS` PUBLCATIONOINDTHE OFOFII-- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. Section T.Ariy.person,firm or TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A— corporation who violates, disobeys,omits,neglects or refuses to comply with oil who-resist 4Ite enforcement of aay of the shall befi of OFFICE OF this prdlnarlGe shall fined Snot more•than Two Thou for Dollf1. 1S2 ach da 1�, CITY SECRETARY for each.offense. L`ach day rain that a violation is permitted REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a separate offense. PASSED AND APPROVED ON 2ND- READING THIS THE, ACCOUNT AMOUNT 7TH DAY OF OCTOBER,' 1997, DURING THE REGU NUMBER C I T 57 DUE 59 . 2 5 LAR-CITY COUNCIL MEET ING. /s/Rick Stacy,Mayor IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PAGE ATTEST: 1 /s/Sandra L.ceGrand, City Secretary: APPROVED'ASTO FORM: /s/E.Allen Taylor,Jr., City Attorney • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 59 . 25 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED I.D. NO. 22-3148254 AD ORDER NO. 11722305 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS Ilinty 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 RATE AMOUNT INCH/LINE 19/I9ME 11722305 NOTICE OF PUBLIC I358 1x 81L 81 . 79 63 . 99 NOTICE OF Q-91.k9..-119-/19_ PUBLIC HEARING Notice is hereby given to all in-, terested person that the City Clake,ke, willfbe rin the City of holding dug the Regular City Council meeting to be held on Octo- ber 7,.1997 at 6:00 p•m•.in the ity Council Chambers of City Hall,667 North Car- roll -- - ----- ------- --- Avenue, Southlake,Tex- as. Purpose of the hearing is con- sider the second reading of the followi g orddiiinance. Ciro'SOUTHLAKE,TEXAS ORDINANCE NO.480-258 AN G ORDINANCE CNO A 480DI AS AMENDED, THE COMPRE- HENSNE ZONING ORDI- elANCE OF THE CITY OF OUTHLAKE, TEXAS RANTING A ZONING S I HANGE ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- 2 5 t rl SEPTEMBER 1997 AP- St. PROXIMATELY•3.446 cEs MORN TO BEFORE ME, THIS THE DAY OF SITUATED IN THE WILSON MEDLIN SURVEY, AB- 1MG ACT NO. N OF AND BT 3 p...rG,,, ilk...IS—Atka-a �.ING A PORTION OF TRACT 3 s t AND MORE FULLY AND COM- A51.. :•`,y RHONDA R. GOKE Notary Public HIBITE A"DFROMIBED"AG'"IAGRI- 1, :y§ COMMISSION EXPIRES 1 ULTURAL DISTRICT TO 4�1 P� "CS" COMMUNITY SERVICE SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVINGN THEZOONINGORD- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! NANCE DETERMINING THAT 1 HE PUBLIC INTER- EST,A MORALSE AND G THE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— \ ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE . CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- .,. „,a '� !D- ING FOR CLAUSE PRO' ID- � � ING FORA PENALTY FOWVI-Pram C�4�� OLATIONS HEREOF; REMIT TO: Pio 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- ACCOUNT AMOUNT CIAL NEWSPAPER,AND PRO- NUMBER C I T 5 7 DUE 63 . 99 VIDING AN EFFECTIVE DATE. Section 7..Any person,firm or corporation who violates, disobeys omits,neglects or PAGE]I C� IF ANY QUESTIONS, PLEASE CALL(817)390-7885 refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined .not _ Thou- sandm Dollarsore (S2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. /s/Sandra L.LeGrand, City Secretary City of Southlake 0 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED