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480-277CITY OF SOUTHLAKE. TEXAS ORDINANCE NO. 480-277 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 TRACTS 5G, 5Gl. AND 5H SITUATED IN THE O.W. KNIGHT SURVEY. ABSTRACT NO. 899, AND BEING APPROXIMATELY 10.875 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" ,.\GRICULTUP~AL DISTRICT TO "CS" COMMUNITY SERVICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 Goverranent 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 Page I 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 the fi~cilities 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 inunediate 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 oft-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 ci~ 0f S0uthlake, 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 SOIiTHLAKE. TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the Cit',:, 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 Tracts 5G. 5Gl. and 5}t situated in the O.W. Knight Sur~'ey. Abstract No. 899. and being approximately 10 875 acres, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "CS" Community Service District as depicted on the approved Site 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 ali 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 Ist reading the / q day of///~ , 1998. Illl ~ ~ -..:...% ~O~ ~ ~%m~ AITEST: ~-~,;'.. ..... .5+ ~' ",,,,;,,,.. ....... I?,,,, ,b, , ,/j h. . _- ' OITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day of~ ,1998. ATTEST: Pagc 4 ~O :' ~ ':'--~ APPROVED AS TO FO~ AND LEGALITY: CITY SECRETARY ~ITY ATTO-RNF~ DATE: ~ ~,/?¥~ Page 5 EXHIBIT "A" Description for a tract of land in the O. ~,\'. KNIGHT SURVEY. ABSTRACT NUMBER 899, Tarrant Count>,', Texas, and being a portion of a tract of land described in a deed to JOSE A. PEREZ .~'40 WiFE BEX, TRLY PEREZ, recorded in Volume 4485. Page 365. Deed Records, Tan-ant Count5'. Texas, and also being a portion of a tract of land described in a deed to YVHITE'S CHAPEL METHOD[ST CHURCH. recorded in Volume 4500, Page 485. Deed Records, Tarrant Count5'. Texas. and being described as one tract by metes and bounds as follows: BEGINNING at a l-I/2" iron pipe found, said pipe IFSng by deed call. 220.0 feet South and 229.0 feet East from the northv, est comer of said Kn/ght Survey; I-hrENCE South 86 degrees 14 minutes 00 seconds East a distance of 94.00 feet to a 1/2" iron pin set ~ith cap marked, "AR~A SURI.'E?ZVG"; THENCE North 07 degrees 13 minutes 00 seconds East a distance of 244.69 feet to 1,2" iron pin set vdth cap marked, "AREA SUR~,T'?73;G" in the south line of East Southlake Boule~.ard; [HENCE South 74 degrees l l minutes O0 seconds East a distance of 29.81 feet along the south line of East Southlake Boulevard to a 60d nail found at the beginning of a cum'e, concave to the north, ha~ing a radius of 1,959 86 feet, and a long chord which bears 281 8l feet, South 79 degrees 20 minutes 12 seconds East; [HENCE Easterly along said crowe, passing through a centxal anee of 8 degrees 14 minutes 44 seconds a distance of 282.05 feet to a 3/4" iron pin found at the end of said curve for the northeast comer of said Perez tract; [HENCE SOUTH a distance of 1,097 68 feet to a 1:2" iron pin found; [-HENCE North 89 degrees 40 minutes 50 seconds West a distance of 674 97 feet to a 58" iron nm rotund in the east line of' Pine Dri,.e for the south~est comer of said ~ite's Chapel Methodist Church tract; [HENCE North 00 degrees 20 minutes 00 seconds East a distance of 102 08 feet along the east line of Pine Dr/,,e to a 12" iron pin found: ..... . .... f~ APR 0 8 1998 THENCE South 89 degrees 41 minutes 15 seconds East a distance of 254.63 feet to a point in a pond; THENCE North 0t degree 47 minutes 00 seconds East a distance of 613.46 feet to a 3/4" iron pin ~ound THENCE North 83 degrees 28 minutes 49 seconds We~t a distance of 32 06 feet to an axle found; TIqENCE North 00 degrees 40 minutes 18 seconds East a distance of 200.14 feet to the POINT OF BEGINNING, said described tract containing 10.875 acres of land. EXHIBIT "B" Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 1 31,06547 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS runty 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: 7. DATE AD ORDER NO. DESCRIPTION AD SIZE INCHTO/LINE RATE AMOUNT 6/05ME 13106547—CITY OF SOUTHLAK I358 1x 79L 79 . 81 63 . 99 SpIJTNLAKE qq�Tyy TEXAS 06/05-06/05 _. ORDINANCE Nd.480-277 AN ORDINANCE AMENDING ORDAS— AMENDED, ttA THE COPRE HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN AKE N THTEXAS OF SBEIPIG, TRACTS 5G, 5G1 AND 9H SITUATED IN THE O. KNIGHT SURVEY,ABSTRA T NO. 899 AND BEING PROXIMAtELY 10.8 5 ACRES, AND MORE FUL Y AND COMPLETELY ,; SCRIBED IN EXHIBIT FROM "AG" AGRICULTUR L DISTRICT TO "CS" COMMU- NITY SERVICE DISTRICT MS DEPICTED ON THE S I G PROVED CONCEPT PLAN - �7 TACHED HERETO AND IN- CORPORATED HEREIN S EXHIBIT B•, CS RETT -SWORN—T�O.13 aTHE 10th DAY SL THE SPECIFIC RENUUI MENTS CONTAINED I T S e --- HE ORDINANCE;I CORRECT!M G DAME A. DERBY THE OFFICIAL ZONING M y PRESERVING ALL OTH Ft E n�i PORTIONS OF THE ZONI G d; : ,'b COMMISSION EXPIRES Notary Public ORDINANCE; DETERMINING ( ',,L r�� MARCH 2, 1999 THAT THE PUBLIC INTER- 5y.r aF EST, MORALS AND GENBR- Y i,. +1 AL WELFARE DEMAND Tl4E ZONING CHANGES AND Fv / ARRANT COUNTY,TEXAS AMENDMENTS HEREIN MADE• PROVIDING Ti THIS ORDINANCE SHALL CUMULATIVE OF ALL O - F ERABILSTYCLOAUSE PRO =ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FO - PROVIDIN SHAVING TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PROVIDING A SGVI FOR -�, CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. Section 7.Any person,firm<or corporation who violates, disobeys,omits,neglectstor refuses.to comply with,or St • who resists the enforcemtntliram OFFICE OF of any in the shall bons.of REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 this ordinance shall be h d not more than Two 0. u- CITY SECRETARY sand Dollars e. Each Ol for each offense. Each if that a violation is permitted ACCOUNT C I T 5 7 AMOUNT 63 .99 to exist shall constitute a NUMBER DUE separate offense. PASSED AND APPROVED ON THE 2ND DAY OF JUNE, PAGE1 O� IF ANY QUESTIONS, PLEASE CALL(817)390-7885 1998, DURING THE RE_rpU- LAR CITY COUNCIL MEET- ING. MAYOR RICK STACY ATTEST: SANDRA L. LFG- RAND CITY SECRETARY APPROVED AS TO FORM: CITAY ATTORNEYOR,JR., ? CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 63 . 99 _.] PLEASE WRITE IN AMOUNT ENCLOSED Star•Telegrani. FED. I.D. NO. 22-3148254 AD ORDER NO. 13022026 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 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 CH/LI INCH/LINE RATE AMOUNT __. 5/22ME 13022026 NOTICE OF PUBLIC I358 1x 86L 86 . 81 69 . 66 ' NOTICE OF PUBLIC 0 5/2 2-O-51 ..,E'-._-._ HEARING -- Notice is hereby given to all in- terested persons that the City Council of the City of' - -- Southlake, will be holding a - -- --- -- public hearing during the Regular City Council meeting to be held on June 2, 1998 • at 6:00 tom. in the City __ Council Chambers, of City - Hall, 667 North Carroll Ave- nue,Southlake,Texas. 'Purpose of the hearing is to -- consider the second reading i of the following_ordinance. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-277 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONINGTEORDI-OF (� NANCE OF THE CITY OF �`,-_\�\t"SOUTHLAKE, TEXAS" ,RANTING A ZONING` SIG c 'RANGE ON A CERTAIN WITHIN TH TRACTSITY OF LAND n 25th MAY 1998 SI LAENG TRACTS 5G, 5G1, A TES NDI5HSWORN- - THIS THE DAY OF SITUATED IN THE O.W. •. ,�, KNIGHT SURVEY,ABSTRACT { %'y� NO. 899 AND BEING AP- rt• ; , FtNONDA R. COKE PROXIMATELY 10.875 ;` �! Notary Public s ik.,... ..._ ACRES, AND MORE FULLY ^' s Ck. C -- C-- - AND COMPLETELY DE- t�4 COMMISSION EXPIRES SCRIBED IN EXHIBIT "A" �' FROM AG' AGRICULTURAL .,.......4 SEPTEMBER 8, 1999 DISTRICT TO"CS"COMMUNI- 4:'• TARRANT COUNTY,TEXAS TY SERVICE DISTRICT AS DE- PICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORAT • - ED HEREIN AS EXHIBIT"B" REQUIREMENTS THE SPECIFIC ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TAINED IN THIS ORDI- NANCE; CORRECTING THE —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT OppOFFICIAL ZONING MAP;PRE- -----ASERVING ALL OTHER POR- - TIONS OF THE ZONING ORDI- NANCE• DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND TH (�� ZONING CHANGES OFFICE V S AMENDMENTS HE''r; ra m MADE• PROVIDING THIS ORDINANCE SH F CITY SECRETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CUMULATIVE OF ALL • ES PROVIDING A S V- IERABILITY CLAUSE•PROVID- ACCOUNT AMOUNT ING FORA PENALTY FOR VI- NUMBER C I T 5? DUE 69 . 66 OLATIONS HEREOF PROVIDING A SAVINGS t CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- PAGE], I IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. 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 Thou- . sand Dollars (52 000.00)I for each offense. Each day that a violation is permitted I to exist shall constitute a separate offense. Sandra L.LeGrand • City Secretary SOUTHLAKE Dity of Southlake__ -6-67 N .ARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 69 . 66 PLEASE WRITE IN AMOUNT ENCLOSED