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480-164CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-164 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 16.63 ACRES SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TRACT 2C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 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 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 heating 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 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 a 16.63 acre tract of land situated in the R.D. Price Survey, Abstract No. 1207, Tract 2C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" Single-Family 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 thc 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 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 ~-' day of ~ , 1995. / .-" ~x ...-- ...... .?, % -- ~l '~'~k \'..4% ATTEST: '..,,,*.,,,,,*,,,,..,,.,,,,,.,,..' . _ _ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the /~ day of~].~ , 1995. /. ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 14XIflBIT "A" Being a 16.63 acre tract of land located in the R.D. Price Survey 1207, Southlake, Tarrant County, Texas, and being the tract of land in the name of Peggy H. Denton, as recorded in Volume 10366, Page 2208, Deed Records, Tarrant County, Texas, (D.R.T.Co.,Tx.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" ~ron pin set at the southwest corner of Lot 4, Block 1, Harbor Oaks, an addition to the city of Southlake, Texas, as recorded in Volume 388-135, Page 11, Plat Records, Tarrant County, Texas, (P.R.T.Co. Tx.), and also being in the north line of Lot 16, Block A, Quail Creek Estates, an addition to the city of Southlake, Texas, as recorded in Volume 388-118, Page 92, P.R.T.Co.,Tx. Said 5/8!' iron pin is the most easterly southeast corner of said Price Survey, the most westerly southwest corner of the John Childress Survey 254, and in the north line of the J.L. Chivers Survey 348, all in Tarrant County, Texas. THENCE South 89 degrees 10 minutes 58 seconds with the south line of said Denton tract, departing with the north line of Quail Creek Estates, 620.77 feet to a Corps of Engineers concrete monument with brass plate (all monuments hereafter are so marked) stamped C231-5, being the most easterly southeast corner of a tract of land conveyed by deed to the United State§ of America, recorded in Volume 2378, Page 567, D.R.T.Co.,Tx., THENCE along the easterly line of said United States of America Tract (Lake Grapevine), and the westerly line of said Denton Tract the following courses and distances: N 00 degrees 39 minutes 49 seconds W, at 4.05 feet past the north line of Quail Creek Estates and continuing in all 939.77 feet to Men. No. C231-4, N 89 degrees 22 minutes 01 seconds E, 499.73 feet to Men. No. C213-3, N 18 degrees 13 minutes 56 seconds W, 673.70 feet to Men. No. C213-2 (monument broken) for the northwest corner of said Denton Tract, THENCE N 89 degrees 27 minutes 50 seconds E, 322.70 feet to a 3/8" iron pin found for the northeast corner of said Denton tract and in the west 15ne of said John Childress Survey and said Harbor Oaks, THENCE $ 00 degrees 43 minutes 30 seconds E with the west line of said John Childress Survey and said Harbor Oaks 1579.40 feet to the Point of Beginning and containing some 16.63 acres or 724,354.73 square feet. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TWF STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA 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 : CITY OF ORDINANCE NO.E480-164 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCEOF THE CITY OF TOTAL DATE AD INVOICE NO. C SOUTHLAKE TEXAS =.>: ._ ,: INCH/LINE RATE AMOUNT GRANTING A ZONING - APR 21 3167209 CL • 358 CHANGECTRO A CERTAIN LAND WIITHINRTHCE TRACTS 1X75 L 75 . 55 41. 25 APR 21 BOF EING ACRES SITU- i ATED IN THE R.D.PRICE --- 1207,TYREACTS R CCTAND MORE FULLY AN_ COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM"AG" -- - ---- -- --- AGRICULTURAL TO "SF- 1A"SINGLE-FAMILY RES- IDENTIAL DISTRICT,SUB- JECT TO THE SPECIFIC REQUIREMENTS CON- TAINED _.. ._..-. _... IN THIS ORDI- NANCEJ CORRECTING THE OFFICIAL ZONING MARL PRESERVING ALL ---- ---- - - OTH�RPORTIONSOFTHE -- • ZONING ORDINANCE;DE- TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING -M• CHANGES AND /JMMAADE DPROVIDING THAT I ED `�"�--, BEICU�MUDLATIVCE OF ALL • BS RIB ► ► 'N T ORDINANCES• PROVID- THIS THE 25TH AY OF PPM, 1995 INGA ;PROVI PROVIDING NOTARY LIC, ' WY/ 4,01 VIOLA- TIONS HEREOF PROVID- vJ 11 , USE;PROVIDING FOR ING A SAVINGS CLAUSE; CATIIONIINTHEOOFFI,CIAL TAR_ ' NT COUNTY, TEXAS .4 NEWSPAPER,- DING ANR�FFEOCTIVE.- ipa� ".' DATE. 7 Any person firm or corporation who violates, ...-...--- -.— ..__. disobeys, omits, lects or refuses to comply with or who ?` resists theenforcementof any 4ti.� .. '.: of the provisions of this orid- ' ' li 4 •'*•••:',_ nance shall be fined not more ,� than Two Thousand Dollars --......_.._... . ..____.....— __. _._ _..__. ._.__..,.- _,.__......_. _ ._.__.._.. �TY SEC,,: ARY '�- Each ayI for eachoffense. . I Each day that a violation Is permitted toexist shall consti- tute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF TEAR ALONG THI LAKE CITY OF 18STOUTH-IETURN THE LOWER PORTION WITH YOUR PAYMENT- H DAY OF APRIL,1995 Gary Fickes, Mayor of Southlake Attest: Sandra L. LeGrand, REMIT TO : 400 W . SEVENTH , FW , TX 76102 City Secretary Approved as to form:E.Allen Taylor Jr.,City Attorney --- Fort, Star-`Tele g ra m M6 RE TO: :• ' � 00AINNXW*X t}(IjQ9 X10(XX)1-2051 ACCOUNT AMOUNT NUMBER (IT 5 7 DUE 41. 25 1 1 PAGE OF CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY 41. 25 SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W. SEVENTH STREET•FORT WORTH,TEXAS 76102 TUE- STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA 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 AD INVOICE NO. DESCRIPTION AD SIZE No .'TE AMOUNT APR 073159399CL • 358 1X82 L 82 . 55 45 . 10 Apr _ ? ~ NOTICE OF PUBLIC _.... ._. _......_...... HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public hearing during the Regular he elp onoAprlIl l 8,11t996,R bteeoggin- ningat7:000.m..The meeting will be held In the CItyCCou I,Chambers of City Hall, North Carroll Avenue,South- lake, Texas. The purpose of - ----the public hearing is to consid- er the following ordinance: ORDINANCE NO.480-164 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, Aw' Mi ....._._...._ --. _...... .............._. AS AMENDED THE COM- PREHENSIV-THECI GOR- SSOUTHLAKEHETEXASF'NED GRANTING A ZONING -'-- --- --._7 _ -APRIL� 1995 BS RIBED A D SWORN CHANGE ON A CERTAIN THIS THE AY OF TRACT TRACTS OF NOTARY PUBLIC LAND WITHIN THE CITY _... OF SOUTHLAKE TEXAS BEING 16.63 ACRtS SITU- ATED6.441A1 IN THE R.D.PRICE SURVEY, ABSTRACT NO. 1207,TRACT 2CANDMORE TARRANT COUNTY , TEXA FULLY AND COMPLETE- LY DESCRIBED INEXHIB- -r IT 'A"FROM AG"AGRI- SINGLE FAMILYSIRITPECIC NANCE' CORRECTING, -------- ---- THE Oi-FICIAL ZONING. ���. : MAP• PRESERVING ALL C4 SEC;STAR TRNTNOEETONINGDIANC DE- TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- TEAR ALONG Th FARE DEMAND THE ZON-RETURN THE LOWER PORTION WITH YOUR PAYMENT---,. ING CHANGES AND AMENDMENTS HEREIN MADE' PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL REMIT T0 : 400 W . SEVENTH , FW , TX 76102 IING ISV AAEERABIOLITDY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- Fort Worth Star T HERE:1 % ! m �E���TBIm3159399 DAEIVE NUMBERT CIT57 AMOUNT 45 . 10 Section 7.Any person firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who 1 resiststheenforcementofany of the provisions of this ordi- nance 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 consi- tute a separate offense. City of Southlake,Texas /s/Sandra L.LeGrand, City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 45 . 10 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED __