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480-168CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-168 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 6.0 ACRES SITUATED IN THE CHRISTOPHER DART SURVEY, ABSTRACT NO. 2003, TRACT 1D, AND MORE FULLY AND COMPLETELY DESCRIBED 1N 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 1N 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 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 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 fred 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, G:\OR D/ZONIN( ;/480 168 Page 2 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 6.0 acre tract of land situated in the Christopher Dart Survey, Abstract No. 2003, Tract ID, and mom 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 def'mifions 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 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 oflhis 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 ~7~/ day of//~,~ , 1995. ATTE ': CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ¢ day ofh~.g~) , 1995. ff~" ATTEST: CITY SECRETARY Page 4 APPROVED AS TO FORM AND LEGALITY: DATE: G:\ORD~ZONIN G\480 168 Page 5 EXHIBIT "A" BEING a 6.000 acre tract of land conveyed to Joan Crowe, as recorded in Volume 11810, Page 2171, Deed Records, Tarrant County, Texas. Said tract being out of the Christopher Dart Survey, Abstract No. 2003, Tarrant County, Texas, and being more particularly desci'ibed as follows: BEGINNING at a set 1/2" iron rod in the southeast comer of said Crowe tract, said point also being in the north line of Lamp Estates, as recorded in Volume 388-142, Page 92, Deed Records, Tan-ant County, Texas; THENCE South 89°47'16M West, a distance of 721.30 feet along north line of said Lamp Estates to a found 5/8' iron rod; THENCE North 45°00'00' West, a distance of 125.00 feet to a found 5/8' iron rod; THENCE North, a distance of 237.96 feet to a set 1/2' iron rod, said point being the northwest comer of said Crowe tract, said point also being in the north line of said Lamp Estates; THENCE North 89°39'00' East, a distance of 832.56 feet along the north line of said Crowe tract to a set I/2' iron rod, said point also being the east line of Peytonville Avenue (a variable width R.O.W.); THENCE South 00°02'14N East, a distance of 328.62 feet to the POINT OF BEGINNING and CONTAINING 261,336 square feet, 6.000 acres of land, more or less. G;\ORD\ZONING\480 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE 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 : re „Aug__ ,, INVOICE NO. DESCRIPTION AD SIZE TO AL,E RATE AMOUNT APR 07 3159372 CL . 358 1X78 L 78 . 55 42 . 90 Apr • 7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-168 -......._....._._ _._._......_._- __-..__-__ _._.._ AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVE ZONINGOR- --- ----- - -- DINANCE OF THE CITY OF SOUTHLAKE TEXAS GRANTING A ZONING RTAIN TRACTEORN TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 6.0 ACRES SITUAT- ED IN THE CHRISTOPHER DART SURVEY AB- _ _.. _. _... • STRACT NO. 2003, TRACT A PIDAND MO TELY DE SCRIBED IN EXHIBIT _._ __.. .......... .....--.... .... „A„FROM"AG"AGRICU L- C•••lasedesot . TURAL TO 'SF-1A" SIN- C1 iT RECIAL DISTRICT,SUBJECT j • TO THE SPECIFIC RE-- 7TH AY- OF APRIL, 1995 OS CRIBED AND SWORN T OUIREMENTS coN-I HIS THE 7AINED IN THIS OROI- AAAPL PRESERVING CORRECTING NOTARY PUBLIC 4 � - --- - OTHER PORT ONSOF THE ZONING ORDINANCE;DE- PUBLICNIINTERESTTMOR TAR ANT COLNTY, TEXAS ALS AND GENERAL WEL- :a T•?" ANMGE MADE,- PROVIDING N TS SRA DL —_ A.,..' TESORDINANCE RDINN CUMULATIVE S ALL OFFICE OF t,�, ORDINANCES BILIT - ',o••- '\ ING A SEVER ABILITY �i1;e.--..-,_, CLAU AUSE,PROFOR VOLOA- CITY SECC:ETAR1 '`f° "^ PROVID- ING A VI GS C AUSE; PUBLI- CATION IN THE OFFICIAL NEWSPAPER- AND PRO- VIDING AN EFFECTIVE A„ .--TEAR ALONG THIS DATE. =TURN THE LOWER PORTION WITH YOUR PAYMENT—� _ Section 7.Any person,firm' or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists theenforcementof any of the provisions of this ordl- REMIT TO : 400 W . SEVENTH , FW, TX 76102 nance shall be fined not more than Two Thousand Dollars ' (52,000.00) for each offense. � [1WOrtWcrth tar t m000 freaense.consli5F'Etiii Tr: EX9Y7�4�9�fi�7Q�QX XD�4 �CX �( DP1-2os1Lute a searate offense.• PASSEDNDAPPROVED31592 THE CI TYCOUNCILO- THE CITY OF SOUTH- LAKE, ACCOUNT AMOUNT OF AIR ILIS THE E 4TH DAY NUMBER C I T 5 7 DUE 42 . 90 /s/Gary Fickes Mayor of South(ake Attest: City aSecretaryLGrand, Approved as to Form: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE 42 . 90 PLEASE PAY \. SOUTHLAKE TX 76092-9595 HIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS inty 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 : F 1 PUBLIICIHEARING NOTICE N TO ALL INTERESTED, PERSONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public DATE [AD INVOICE NO. `earir during. l.,-s41-..7 cu — AD SIZE TOTAL ATE AMOUNT ningfxhedp.m.Th the y eeficil—wil INCH/LINE MAR 24 3150842 CL . 358 Chambers of City Hall, 667 1X85 L 85 • 46 39 . 10 North Carroll Avenue,South- mar 24 lake,Texas. The purpose of the publichearing is toconsid ............._......_ --._....... er the following ordinance: CITY OF - _ SOUTHLAKE TEXAS ORDINANCE IIO.480-168 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THECOM- D NANCEOFTHOECITYOF SOUTHLAKE TEXAS. ---- GRANTING A ZONING` -- CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 6.0 ACRES SITUAT- ED IN THE CHRISTOPHER DART SURVEY AB- STRACT NO. 2003, TRACT 1D AND MORE FULLY __._. AND COMPLETELY DE- __...__ .._.. ah ............ .. ................----- SCRIBED IN EXHIBIT"A" FROM "AG' AGRICUL- OLE L TO"S-1A"RESI SIN-E� "'JBSCRIBE�AND SWONN I' TIAL DISTRICT SUBJECT THT THE NTH_ AY--"OF MAC, 1995 TO THE SPECIFIC RE- QUIREME N THIS NS CON- TAINED NOTARY PUBLIC,1 ei yv, _ _........ -" - NANCE CORRECTING --- _. .. _ .. _.. . .... THE OFFICIAL ZONING 111I11AP; PRESERVING ALL QTII�RPTIIONSOFTHE TAR ANT COUNTY, TEXAS c��Yss�1 _ LLONINGORDINANCE;DE- ^�:.•••l.-Z,�„ PUBLIC NT THAT THE .�0.' PUBLIC INTEREST,MOR- 17 v:. FAR AND GENERALDZONWEL- ' -+•':. FARE DEMAND THE AND D ING CHANGES AND ��•• r' AMENDMENTS HEREIN - -- "- -" - •�r OF 1";F or t THIDSEORDINANCE SHALL �,�e.m-v„-.pro BE CUMULATIVE OF ALL -- -- '[ ORDINANCES- PROVID-. wr'- _ -_ TA CLAUSES PROVIDING FOR A PENALTY FOR VIOLA- TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- TEAR ALONG THI CATION IN THE OFFICIAL= '�— V DING ANRLFF DCT°-TURN THE LOWER PORTION WITH YOUR PAYMENT—� DATE. Section 7.Any person,firm or corporation who v REMIT TO : 400 W . SEVENTH , FW, TX 76102 disobeys, omits, neglects orr eas refuses to comply with or who resists theenforcementof any wil of the provisions of this ordl- M Hance shall be fined not more ,yp�,y X�4C�X t,y,M � N#t V� �or t h ( F.E'V'.11 7�,': i► YYII Vril''YY�� Y� /�IF'ri WY'PJJ1�'N 7V1-2051 (EE 1 iri. t.i.Lnto?Tociweyo_infihoaciLla:vc7,,,,,oaDftfoit,,nnasri:.�pe m 888 LLL��� lute a separate offense. ACCOUNT C I T 5 7 AMOUNT 39. 10 City of Southlake,Texas NUMBER DUE r'" `r.' „ >. .�' '' Sandra L.LeGrand �_y" ,, I City Secretary X i 1 1 ji:. 'p- j't. �, PAGE OF CITY OF SOUTHLAKE 667 N C A R R O L L A V E PLEASE PAY 39. 10 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED