The URL can be used to link to this page

480-046CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-46 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 1.728 ACRE TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 253, TRACTS 3, 3C, AND 3D, 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 Southlake, 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 described property is currently zoned as "AG" Agricultural 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 $outhlake, 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, 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 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 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 $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 1.728 acre tract of land out of the John Childress Survey, Abstract No. 253, Tracts 3, 3C, and 3D, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Residential District. District to "SF~iA" Single Family 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. PASSED AND APPROVED , 1991. SSED AND on the 1st reading the ~ day of L ,';',,,, ,,-7... ~ ...~% ~ : ~ :~: ATTEST: * * I,,"' C TY SECRETARY APPROVED on the 2nd reading the ~ day of 1991. ~'~""'"'""~ .~: ATTEST: % .. .......- '",,,,,,.../ . ~ITY SECRETARY -4- APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: ~./~t/ /? 1/ EFFECTIVE. ~,[~4 /_' .~ ,~ ? /77 / -5- BEG!NNiNG at o 5/8" iron rod set, said iron rod being the Southwest corner of Lot !2, Biock 2, Traii Creek Addition, according to the p!ot recorded in Ye:uae .388-85, Page 50, Plot Records of Torrant County, Texas (P.R.T.C.T.); ?HENCE South O0 degrees 56 minutes .39 seconds West 259.50 feet to o point for corner; THEi'iCE South .30 degrees O0 minutes O0 seconds ','/est 207.99 feet to o point for corner; THENC£ North 60 degrees O0 minutes O0 seconds West to o point for corner; -~E,"iCE North 21 degrees 50 minutes .34 secants ,',est o po!hr for cor~er; 152.00 feet 8g.02~ feet -'~o~ -'~E;.CE %orth :30 degrees O0 mlnutes O0 seconds East 500.55 feet to o point Cot cc-net, saic point being in the North ;!ne of tnot certoin First Tract con,eyed to .~Z.H. Morgan, Jr. by deed recorded in 'va!uae 3752, Page *8 (D.R.T.C.T.) and tne South i~ne o~ Lot ~3R, B'ock 2, -.si; Creek Addit'on cccord;ng to tqe pict recorded in ~o'dme 388-205, Pcge ';, P.R.¥.C.T.; ~:_~,w--_ eiong said so~d zommon ,ine ;;ortn 89 degrees 4". m,n.~ ~s O0 ~5,28z scuore feet o¢ rom=. (I.?Z~ TROPHY CLUB ~TLAKE =~'ONCOUNTY ~RRANT COUNTY ,r- ~ COLLEYVILLE ~ MIDOLE SCHOOL Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FOR i•WORTH,TEXAS 76102 STATE OF TEXAS my 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 rot AL RATE AMOUNT INH/L C1AIEr n JUN 21 6712928 CL . 358 1X130L 130 • 38 49 . 40 --. june 21 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-46 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS REEZNO COM- PREHENSIVE OI G 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 APPROXI- MATELY A 1.728 ACRE - - TRACT OF LAND OUT OF THE JOHN CHIL- Jr DRESS SURVEY, AB- �-�. TR ACT NO. 253, SIGNED ACTS 3,3C,AND 3D -" D MORE FULLY - -- -- - ---- THIS HE st D Y OF NS.:91 D COMPLETELY JDSWORN TO BEFORE ME ,SCRIBED IN EX- IBIT"A"FROM"AX- NOTARY PUBAGRICULTURAL DIS- TRICT TO"SF-1A"SIN- GLE FAMILY RESI- DENTIAL DISTRICT SUBJECT TO THE SPE- T�RRANT 1 T XAS CIFIC REQUIRE- '4r.;.,:K"`'r".' ,"`s,�r'C.�'�•961'6'Ci.— MENTSCONTAINEDIN d <Ppv''N'4 KATHRYN 1. SPENCER THIS ORDINANCE; sit 1 01 AFFIDAVITS FICIAL ZONING AP; ii+:• f •ni PRISE MAP; 3.1 `•s COMM1SStON-EMPIRES OTHERESEPVITG ALL i i TE PORTIONS I- �vr, /\ / i THE DETERMIIN- �fgre.•••••~t+: •.ANUARY 28, 1995 p INGTHAT THE PUBLIC '- o�vc. .1A1•tid -- - -- - - ANDEGENTE'RALOWEL- FARE DEMAND THE �`a ZONING CHANGES *,/�,tJ AND AMENDMENTS HEREIN MADE; PRO- VIDING THAT THIS OR- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —'NANCE SHALL BE — MULATIVE OF ALL DINANCES. PRO- .JINGASEVERABIL- rcLAUA (.�PROVID- ING REMIT TO : 400 W . SEVENTH , FW , TX 76102 FORFOR A VIOLATIONSY p HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR POF- R�lA!T TO'. Xy�7pXec� XRgpv�p��9(j�t1 ( 197 FICIAALONEW ING AI 11 ar e e ram AND PROVIDING Ah) ----- — -------------- EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person firm NUMBER49 . 40 or corporation who viol CIT57DUE ates, disobeys, omits, neglects or refrests stes heen orccompl emenf of any PAGE 9F 1 I naf nce e provisions fined this of o more J, ithan Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation Is permitted toexist shall consti- tute a separate offense. Section 8. All rights and remedies of the City of South- lake areexpressly saved as to any and all violations of the provisions of Ordinance No. 480 as amended,or any other ordinances affecting zoning time of the effectiveth OF SOUTHLAKE ORIGINA accrued and,asandsuch all 49 . 40 accrued violations and all N C A R R O L L PLEASE PAY Pending litigation, both evil ITH IS AMOUNT , and criminal,whether pend- ing in court or not under such H L A K E T X 7 6 0 9 2 0 !ordinances,same shall not be TTN : SANDY LEGRAND affected by this ordinance but, may be prosecuted until final disposition by the courts. Section 9.0 The Citylakeis PLEASE WRITE IN AMOUNT ENCLOSED Secre- Lary of the City of ceor hake is hereby directed to publish the n sedortlinanceoritscap- I ipenalty together with- ?Settina nut*L..,41- ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** Fort Worth Star-Telegram 400 W.SEVENTH STREET•FOR'WORTH,TEXAS 76102 'I STATE OF TEXAS Co my 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 D AD SIZE or At RATE AMOUNT 1 JUN 08 6707308 CL . 358 1X99 L 99 . 60 59 . 40 NOTICErjune 8 OF PUBLIC HEARING NOTICE is herebygiven to all -- --- -- - - interested persons that the Ci- ty Council of the City of South- lake Texas,will be holding a public hearing during the Regular City Council meeting to be held on June 18 1991,at 7:30p.m. SouthlakeC`ityHall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing is to considerthesecondreadingof the following ordinance: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-46 4 ORDINANCE --.... SIGNE 1 _ __ _. .. ...._---. __...... _..... ... .. NDING ORDI- NDEDOTHEOC`OM ND SWORN TO BEFORE ME, THIS THE llth DAY OF 1991 HENSIVE ZONING DINANCE OF THE NOTARY PUBLIC CITY OF SOUTHLAKE, ii)--\‘‘.....-- --- TEXAS GRANTING A ZONING CHANGE ON A E R A S CERTAIN TRACT OR TRACTS OF LAND - WITHIN THE CITY OF w`1461:./-.16v16.'O.'c►NOA-11'i. SOUTHLAKE TEXAS _' y"‘‘ BEING AItPROXI- _ `'" .p`'o'� jyRYN_1. SPENCER MATELY A 1.728 ACRE 9'- '-',�ilt� - --- (]1 AFFIDAVITS TRACT OF LAND OUT 'l -"'4 OF THE JOHN CHIL- i ' :•f COMMISSION EXPIRES # DRESS SURVEY, AB- ipNt "^L STR ACT NO. 253, 'V 4 JANUARY 28 1995 TRACTS 3,3C,AND 3D, ai�K��.. r. AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT"A"FROM"AG" AGRICULTURAL DIS- TR ICT TO"SF-1A"SIN- GLE FAMILY REST- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT * DENTIAL DISTRICT _ SUBJECT TO THE SPE- CIFIC REQUIRE- MENTSCONTAINED IN THIS ORDINANCE; FICIALZININGMAP; REMIT TO : 400 W . SEVENTH , FW, TX 761,02 OF- FICIAL ZONING MAP; PRESERVING ALL ERORTIONS OF ING ORDI-.POtE(L PUBLICar a egram REMIT T :T MORALS AND GENERAL WEL- FARE DEMAND THE ACCOUNT AMOUNT ZONING AMENDMENTS : NUMBER CIT57 DUE 59 . 40 HEREIN MADE; PRO- ; Viol NG THAT THIS OR- DINANCE SHALL BE PAGE 1 OF CUMULATIVE OF ALL ORDINANCE DIN A SEVERABIOL- ITY CLAUSE•PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person firm or corporation who violates, disobeys,omits, ne9lecisor OF SOUTHLAKE ORIGINA resissthee to c mieehorwny PLEASE PAY resists torn plywithorwhyy of The provisions of this ordl- 1 C A R R O L L THIS AMOUNT 59 . 40 than Hance shall be fined not more L$2 000 00) forueach offense. 1 L A K E T X 76092 0 Each day that a violation is 'TN : S A N D R A L E G R A N D _ permitted toexisT shall consti- tute a separate offense. City of Southlake Sandra L.LeGrand City Secretary PLEASE WRITE IN AMOUNT ENCLOSED