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480-047CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-47 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 LOTS 5 AND 6 OF THE JOYCE ADDITION, 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 WHEKEAS, 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, 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, %h~ Ci%iZe~S of the City of $outhlake, 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 Lots 5 and 6 of the Joyce Addition, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Residential District. District to "SF- lA" 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 ih 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. Ail 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. 9/!iiPASSED AND /~ · APPROVED on the 1st reading the ~ITY SECRETARY AND APPROVED on the 2nd reading the /~ day SSED , 1991 . ,,,,~ .~k%~. .......... "F '% ~ .' A '.~ %~. ..' ~ 9~ '%. ......... % "* ~ ,"' CITY sECRET kY day of of -4- APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -5- ./ 23 \ SF-1 ~ SI~0NINI TR. 2648 I. 22 A~ TR.2B4A .92 AC TR.2B4A1 .92 ~c TR.2840 1.82 Ac AG TR.264E 1.4:3 Ac AG. BONE BONE SF-1 JOHNS]~ TR.2B& TR.2B5 6.36 AC TR.2C1B1 1.5 Ac AG ~CCA124 AG 2& AC TR.2C&C AG I AC N'KIT, AI~ AG JOYCE TR. 2C 3.! Ac TR.2C z~, +2AC Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102 .4010. STATE OF TEXAS 411!„ 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 i,�F =.A_ AMOUNT • UN 21 6712956 CL . 358 1X125L 125 • 38 47 . 50 june 21 CITY OF SOUTHLAKE TEXAS ORDINANCE 4O.48047 AN OR-'.INANCE - AMENDINs ORDI- NANCE NO. 480 AS AMENDED,THE COM- PREHENSIVE 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 LOTS5AND6OF THE JOYCE E FUADDI- TION, ^, i ANDMOREFUL- TT 1 (JJ/i�/r -9( k LYS AND RIBED IN ELYEX- SIGNEL..-_.- ,�� E Aiiii "A' D IN EX- IT„A„FROM„AG„ _.....-.._.. (CULR DIS- TTO"STUF-ALlA"SIN- VD SWORN TO BEFORE ME , TH S THE st AY OF \J , 1991 NTIAL41D STRICT NOTARY �1J�3LI UBJECTTOTHESPE- - ., CIFIC REQUIRE- 1.- \ ,, •"ENTSCONTAINED IN IS ORDINANCE; 'RECTING THE OF- _.. _-...._-...---_--.-- ..t.,.�.-�.ww+.�oti��''''�`'-t'� T 4 R R A N T C U N T Y , TEXAS IAL ZONING MAP; _�jiv 'h _ ESERVING ALL �P•""'�e�It urHER PORTIONS OF %O` :4 KA HRYN J. SPENCER n AFFIDAVITS THE ZONING ORDI- i?' �f g __.__-..D1_AF-FIDAVITS NANCEA DETERMI b'i t 1 1 COMMISS►ON EXPIRES $ INTEREST,G THAT MORE ALS PUBLIC 1iP.. /\,`+11kNUARY 28, 1995 INTEREST MORALS ��� .�_ AND GENERAL WEL- 44C k": FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- \ VIDING THAT TH IS OR- �y/J DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES,- PRO- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT i ITY CLAUSE'PROVID- , ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; REMIT TO : 400 W • SEVENTH , FW , TX 76102 LICATION IN THE OF- F PROVIDING FOROR PUB-B FICIAL NEWSPAPER AND PROVIDING AN Star-TelegramEFFECT1VEDATE. �P�M R(lX�1Y110'4t�/Section 7.Any person firm !1 7CA 7`.%l/C l�I�%1/�/�71,7�/C%C'/�,71/�/�`1lYC'J�'It' or corporation who violates, -- --- disobeys,omits, neglects or ACCOUNT AMOUNT resisstheees to mrcemenply with orwnyo NUMBER CIT57 DUE 47 . 50 resists iheenforcementofany of the provisions of this ordi- nance shall be fined not more - - - than Two Thousand Dollars 1 02,000.00) for each offense. PAGE IF J� Each day that a violation Is permitted toexist shall consti- tote a separate offense. Section 8. All rights and i remedies of the City of South- ,lakeareexpressly savedas 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 of the effective date of dinance;and,as to such tI_ed violations and all [(frig final,whether ion, herb civil O F SOUTHLAKE ORIGINA .-.u'crlmitig whether civil or in noesourt s meot,under such PLEASE PAY 47 . 50 ordinances,sa ordinance l not becebut C A R R O L L affected by this ordinance but THIS AMOUNT , may be prosecuted until final LAKE T X 7 6 0 9 2 0 disposition by the courts. Section 9. The City Secre- TN : S A N D R A L E G R A N D tary of the City of Southlake is hereby directed topublish the PropOsedordinanceorltscap- 'nn andpenalty together with -Mice setting out the time)lace for a public hearing PLEASE WRITE IN AMOUNT ENCLOSED ion at least ten(10)days ire the second reading of i:,, (:11nance,andifthisordi- ' Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FOR 4WORTH,TEXAS 76102 STATE OF TEXAS ,__ _..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 TOTALINCH/LINE RATE AMOUNT JUN 08 6707313 CL . 358 1X94 L 94 . 60 56 . 40 NOTICE OF j u n e 8 PUBLIC HEARING NOTICE isherebyggiventoall Interested persons that theCi- _ _ .. _... . ty Council of the City of South- lake Texas,will be holding a Dub(ic hearing during the Regular City Council meeting to be held on June 18 1991,at -------. _._ 7:30p.m. SouthlakeLityHall, So7 North Carroll Avenue, uthlake,Texas. Purpose of the hearing Is to -- - - - ---- --- consider the second readingof the following ordinance: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-47 AN ORDINANCE _ .NDING ORDI- SIGNS li --• ICEENO. 480 AS _..- HENSI�/EZONING VD SWORN TO BEFORE ME , THIS THE llth AY OF - -3JJNEr 1991 INANCE OF THE 'OF SOUTHLAKE, NO-1A-ICY PUBL C t _ 'XIN GRANTING A - ,INGCHANGE ON A :TAIN TRACT OR ACTS OF LAND .,uTHIN THE CITY OF ` SOUTHLAKE, TEXAS BEINGLOT55AND6OF ose.pp�o,o41�0 THE J O Y C E A D D I- "`�.t}� ow,�•;,ti LION,AND MORE FUL- LY :_`PRy PG,1 t. KATHRYN J. SPENCER TIAND COMPLETELY !b aih f1 0]r AFFIDAVIT S DESCRIBED IN EX- HIBIT AGRIC A"FROM"AG" I: :y�COCNMISSION EXPIRES 0 AGRICULTURAL DIS- ��i GT E TO"I LY R SI-IN- �ha 6 e r' JnNUgRY 28, 1995 DENTIALID STRICT �h1`\op`-±� P SUBJECT TOTHE SPE- CIFIC REQUIRE- C MENTSCONTAINEDIN Fl THIS ORDINANCE; CORRECTING THE OF- ' TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT "N FICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE DETERMIN- INGTHAT THE PUBLIC INTEREST MORALS REMIT TO : 400 W • SEVENTH, FW , TX 76102 AND GENERAL WEL- FC FARE DEMAND THE ZONING CHANGES ,pz�q� �nqy AND AMENDMENTS Star-Telegram RFMtTTA XQ �71C1CJlXJ�1CJC /R kit XTf �r'6197 HEREIN MADE; PRO- VIDINGTHATTHISOR- DINANCE SHALL BE CUMULATIVE OF ALL ACCOUNT AMOUNT INGASEVERABIILITDY NUMBER CIT57 DUE 56 . 40 CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PAGE OF PROVIDING A SAV- INGS CLAUSE- PRO- I 1 VIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER; AND RAAEF-- FECTIVE DATE. Section 7.Any per son firm or corporation whc violates, disobeys, omits, neglects or refuses to comply with or who r• 'stheenforcementofany rovisions of this ordl- ,all be fined not more No Thousand Dollars J.a ) for each offense./F S O U T H L A K E ORIGINAL Each day that a violation is lute a sedtoexistparate fe llconsti- CARROLL R R O L L PLEASE PAY fuze a separate offense. 56 . 40 C i tl�e L.uthlake LeGrand _A K E TX 76092 0 THIS AMOUNT Saty Secretary AIM : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED