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480-045CITY OF SOUTHLAKE, TEXAS ORDINANCE NO- 480-45 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 A 1.0 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G- HALL SURVEY, ABSTRACT NO. 686, TRACT 2F AND THE T.M. HOOD SURVEY, ABSTRACT NO. 706, TRACT 9D AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL 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 $outhlake, Texas is a homerule 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 as "AG" Agricultural District Ordinance; and described property is currently zoned under the City's Comprehensive Zoning 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 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, lighLing 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 and 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 $outhlake, 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 $0uthlake, 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: -2- 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 a 1.0 acre tract of land out of the Littleberry G. Hall Survey, Abstract No. 686, Tract 2F and the T.M. Hood Survey, Abstract No. 706, Tract 9D and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. District to "SF-1A" Single Family From "AG" Agricultural Residential District. 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. -3- 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 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 form and after its passage and publication as required by law, and it is so ordained. ~/i PASSED / AND APPROVED on the 1st reading the ,z~ / · 1991. "~'""'!' '""'""' OR ,/~ ~ .,'~ ,~ ~ ~ L ,~ ~.?,,~ ~..'k~~. .......... ?~ ~.. :_~ :~ ATTEST: %o... '" ~ ,,'~ 'z~' ' '",,,,, * - ',,,,,'* ; I /I/~ / ./' '"'"'"'""~"~ ~ITY ~ECRETARY ...... PASSED AND APPROVED on the 1991. ,,~ ....'s~... ......... ..,,~ %,_ ~,,, ..." ~ "..;~% ~-.. ..' ',% .......... 2nd reading the · ~YOR ATTEST: -4- day of day of APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -5- 5453 FIELD NOTES BEING A TRACT OF LA,ND GUT OF THE ~HGM~S HOOD SURVEY, ABSTRACT NO. 706 AND THE i. B. G. HALL SURV~Y, ABSTRACT NO. 686, iARRA~ CO~;~', TEXAS, ~N~ BEING MORE P.~RTICULA~RLY DESCRIBED BY .METES ~ND BOU~S AS FOLLOWS: CO.MIM~qCE at an iron pin at the Northeast corner of Lot 5, South!ake Estates, according to plat recorded in Volume 388-75, Page 8, Plat Records, Tarrant County, Texas, said point also being by deed call, 475.2 varas West a~d 185.1 feet South of the Northeast corner of said Hall Surwey; thence S. 89° - 54' W. 978.77 feet to the POINT OF BEGINNING of the herein described tract; THENCE S. 89° - 54' W. along fence line 324.13 feet to an iron pin for corner in the East R.O.W. line of County Road No. 3123; THENCE N. 0° - 14' E. 120.7 feet to a fence post for corner; THENCE N. 89° - 54' E. 294.13 feet to an iron pin for corner; THENCE .N. 0° 14' E. 1~.1 feet to an iron pin for corner; THENCE THLNCE N. 89° - 54' E. 30.0 feet to an iron pin for corner; S. 0° - 14' W. 268.8 feet to the POINT OF BEGI~ING and containing 1.0 acre. TROPHY CLUB ~;TLAKE 4RRAIYT COUNTY Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T :TATE OF TEXAS C :y of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth 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 DESCRIPTION AD SIZE TOTAL INC TOTAL RATE AMOUNT MAY 24 6700704 CL . 358 1X102L 102 . 38 38 . 76 PUBLIC may 24 NOTICE OF ING NOTICE is hereby given to all interested persons that the Cl- _ .,._....-____..,__..___...._,. ......_..._.___._............ ty Council of the City of South- lake Texas,will be holding a public hearing during the Regular City Council meeting tobe held on June 4 1991,at ..___.._.__.__.._.____._.___.__._..._.__....__.__ .............._____..._.,___._. 7:30p.m.,Southlaketlty Hall, 667 North Carroll rr ll Avenue, Southlake, Purpose of the hearing Is to ningof the following ordinance: CITYOF .......__.___.,....,.....__.._�..__..__ ...._._................_.-._- ....___....._ .. SOUTHLAKE TEXAS ORDINANCE FID.480.45 , eN J ORDINANCE- SIGNED ' 12/..c.i E NO. 480 AS IDED THECCOM- JD SWORN TO BEFORE ME , THIS THE th DAY 0 Y, ‘991 ZNSIIANC E F ING THE NOTARY PUBLIC OF SO H THE -- CITY OF SOANTINGE TEXAS GRANTING 7� ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND TARRANT COUNTY, TEXAS WITHIN THE CITY OF ".'.." BEING SOUTHLAKE, TEXAS �,t,.-�-��ar �.c„-y,,-�,.pKy�;;'..,y BEING APROXI- MATELY A 1.0 ACRE Po.r v2 01 AFFIDAVITS TRACT OF LAND OUT Off ' '•�i+ KATHRYN J. SPENCER OF THE LITTLEBER- 'i RY G.HALL SURVEY, ni r ABSTRACT NO. 686 03. Jam:COMMISSION EXPIRES TRACT 2F AND THE r fir•.•. , T.M. Hoop SURVEY, /'�= JANUARY-2&-1995 ABSTRACT NO. 706 At-- TRACT 9D AND MORE \ r ','`,,�..t� ULLY AND FA"FROM AG"AGRI- - PLETELY DE- SCRIBED IN EXHIBIT wi li 7 CULTURAL DISTRICT TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �A TO SF-lA SINGLE FAMILY RESIDEN- TIAL DISTRICT SUB- ..-"'''TO THE SPECIE- , ppUIREMENTg t. INED IN THIS , REMIT TO : 400 W • SEVENTH , FW, TX 76102 p4ANCE• COR- K ■ 1NG THE OFFI- 0 CIAL ZONING MAP; - •f•Star.Te1egram PRESERVING ALL OTHER PORTIONS OF 1 F,E:0,1 i:)• W• V<tiQp<WWW(VPARXXPkfilftf(MS 76197 THE ZONING ORDI- NANCE• DETERMIN- ING THAT THE PUBLIC ` INTEREST MORALS - ACCOUNT AMOUNT C I T 5 7 AND GENERAL WEL- NUMBER DUE 38 . 76 FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE. PRO DINANCE SHALL BE PAGE 1 OF 1 CUMULATIVE OF ALL ORDINANCES; PRO- ITYICLAUSEVPROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF;PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; EFFECTIVEDA DATE. -orOtiio ation 7.A nn perhoson,firm SOUTHLAKE ORIGINAL disobeys,omits, neglects or A R R 0 L L PLEASE PAY ► 38 . 76 refuses to comply with or who resists theenforcement of any i E TX 76092 0 THIS AMOUNT of the provisions of this nance shall be fined not more•llars• SANDY LEGRAND js2n0 0.00)foorueach ofd fense. se. Each day that a violation is ,ermlttedtoexist shall constl- 'de a separate offense. of Southlake PLEASE WRITE IN AMOUNT ENCLOSED TIra L.LeGrand Secreta- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 111k STATE OF TEXAS C ty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth 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 DESCRIPTION AD SIZE RATE rm AMOUNT DESCRIPTION iNGTOTALHlLINE JUN 08 6707322 CL . 358 1X92 L 92 .60 55 . 20 CITY OF JUfle 8 —....____-.__ • SOUTHLAKE TEXAS ORDINANCE NO.480-45 AN ORDINANCE 1 -- AMENDING ORDI- NANCE NO. 480 AS M- PREHENSIIGNO E 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 PPROX 5 MATELY A 1.0 ACRE TRACT OF LAND OUT OF THE LITTLEBER- RY G. HALL SURVEY, ABSTRACT NO. 666 ff ACT 2F AND THE _._._. ._ SIGNED HOOD SURVEY, DE CT9DANN MOR6� ND SWORN TO BEFORE ME , THIS THE llth DAY 0 ►` , 1991 n ETELYND COM- NOTARY PUBLIC SCRIBED IN EXHIBIT CULTURAL DISTRICT TO "$F-1A" 6VNO, T- E X A S FAMILY RESIDEN- ----.. ._-.�__._. .- _, TIAL DISTRICT SUB- �b�yti .�►1r�,• JECTTOTHE SPECIFIC ..���� REQUIREMENTSCON- `�av rah INED IN THISORDI- � P• •`•�t hATHRYN J. SPENCER %b`• •a tl CEL CORRECTING ...- ._ Pt.- s.i 5 _. _........ __-.:..1....__A-F..F IO-M-U-ITS OFFICIAL ZON- ,•: `• COMMISSION EXPIRES MAP, PRESERV- 2 ALL OTHER POR- ? . JANUARY 1 IONS OF THE ZON ING - � 28, 199ORDINGTHAT THEiii".n PUBLIC INTEREST, MORALS AND GENER- � 1J AL WELFARE DE- J MAND THE ZONING CHANGES AND AMENDMENTSTEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ' * HEREIN MADE; E; PRO- VIDING SHALT L BE CUMULATIVE OF ALL ORDINANCES PRO- VIDINGASEVERABIL- REMIT TO : 400 W • SEVENTH , FW, TX 76102 ITY CLAUSE PROVID- E ING FOR A PENALTY S O FOR VIOLATIONS 1Star-Telegram HEREOF; PROVIDING4 SAVINGS CLAUSE; 1�71 J�1CJlJC/I/IJI/CJIT/�71.117C PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER ACCOUNT AMOUNT AND PROVIDING NUMBER CIT57 DUE 55 . 20 Section 7.Any person,firm or corporation who violates, PAGE 10F I disobeys, omits, neglects or refuses of any of the provisions of this ordi- nance shall be fined not more (42,000.00)2 foorueach of-ffense permittedtoexlst shall const 5 tute a separate offense. PASSED AND APPROVED INSECONDREADINGTHIS THE 4th DAY OF JUNE, 1991. 'ary Fickes Aa E of SOUTHLAKE ORIGINA 1 AT!EST:SandraL.LeGrand F City Secretary PLEASE PAY Approved as o form: C A R R O L L 55 . 20 E.Allen Taylor Jr. THIS AMOUNT rtv Attorney OUTHLAKE TX 76092 0 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED