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480-184CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -184 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 3.678 ACRES SITUATED IN THE J. G. ALLEN SURVEY, ABSTRACT NO. 18, TRACT 6E1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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" Agriculture District 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 G: \ORD \CASES \480 ! 84.2RD Page 1 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, G A0RD \CASES \480- 184.2RU 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 3.678 acre tract of land situated in the J. G. Allen Survey, Abstract. No. 18, Tract 6E1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agriculture District to "SF -IA" 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 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. G A0rD•,CAS ES \480 -184.2 nD Page 3 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 4— day of , 1995. MAYOR U Tti, m x a CO, ATTEST: zL"' / /,I"-) ITY SECRETARY G: \ORD \CASES \480- I e4.2RD Page 4 PASSED AND APPROVED on the 2nd reading the day o4 1995. L 4 YO UT ► ATTEST: s �c ys co a Avu J/, CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ADOPTED: EFFECTIVE: ��� ✓� ��� GAORDTAS EM480- 184.2RD Page 5 EXHIBIT "A" BEGINNING at a capped iron rod stamped "Moak Surv. Inc." at the southeast corner of said tract. said point being by deed call West at 1187.78 feet from the southeast corner of the said Allen i7urvey, said point also being in the north line of Union Church Road ( County Road 3099); THENCE S 89' 37' 06" W along the north line of said Union Church Road. a distance of 364.66 feet to a capped iron rod stamped "Moak Surv. Inc." at the southeast- corner of a 11 acre tract recorded in Volume 8226. Page 989. Deed Records Tarrant County. Texas; .THENCE NORTH a distance of 440.15 feet to a capped iron rod stamped "Moak Surv. Inc." at the southwest corner of a 12.15 acre tract recorded in Volume 6716. Page 2481. Deed Records Tarrant County. Texas; THENCE N 8W 43' 58" E a distance of 363.89 feet to a capped iron rod stomped "Moak Surv. Inc." at the northwest corner of a 1.5 acre tract recorded in Volume 5991, Page 612. Deed Records Tarrant County. Texas; THENCE S 00' 05' 57" E a distance of 439.42 feet to point of beginning containing 3.678 acres or 160.200 square feet of land more or less. kv G AORDTAS ES \480- 1841RD Page 6 Fort Worth Star-Telearam FED I D. NO. 22 3148254 AD ORDER NO. 746870 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 --"7_ 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 ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 10/20ME 746870 CITY OF SOUTHLAK I358 1x 74L 74 . 55 40. 70 10/20-10/20 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-184 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS -- _.__.. -_._. ..._... ...__.. _... AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING I CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 3.678 _. ............._---. . ._.._.__ .._.........__._.. ...--.......... .-._.._.. ........._......._..._._...._.__-__.__..._._....._._. ACRES SITUATED IN THE J.G. ALLEN SURVEY AB- STRACT NO. 18, TRACT 6E1 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT REQUIREMENTSQJECT TO THE SPECON- SIGNED -���Y�— G-' TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SUBSCRIBED ANI TIONS OTHER ZONING ORE I T 6. 25TH DAY OF OCTOBER 1995 ORDINANCE; DETERMINING THAT THE PUBLIC INTER- .-',r VICKI LYNN WASON i /�/{\//�\EST, MORALS AND GENER- "t?�4 Notary Public `� , K AL WELFARE DEMAND NE ��,� COMMISSION EXPIRES OFFICE OF ZONING CHANGES AND ,.•4 CITY SEC�ETA�t'T AMENDMENTS HEREIN MADE PROVIDING THAT ,, +� DECEMBER 14, 1998 �• THIS ORDINANCE SHALL BE CUMULATIVE OF ALL TARRANT COUNTY,TEXAS I ORDINANCES; PROVIDING A ,-^�-"-^>----�` "'"''.." SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF, PROVIDING A SAVINGS CE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PAY TH CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE 'ERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�j DATE. Section 7. Any persons firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists the enforcement of any of the provisions of P0�two�t1 this ormdoinanre tchane shalTwo Th l be fined ou- \ for each offense. each da sand Dollars ($2 Each day l 1egra m REMIT TO: ,, 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 that a violation is permitted to exist shall constitute a 746870 separate offense. ACCOUNT AMOUNT PASSED CITY COUNCILOOFDTHE NUMBER Y C I T 5 7 DUE 40.70 CITY OF SOUTHLAKE, THIS THE 17TH DAY OF OCTO- BER,1995. AGE I OF 1IF ANY QUESTIONS, PLEASE CALL(817)390-7501 /s/Gary Fickes Mayor of Southiake ATTEST: /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY , 40. 70 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 677969 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 TLI STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant 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 ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT 10/06ME 677969 NOTICE OF PUBLIC I358 1x 84L 84 . 55 46.20 --- 10/06-10/06 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN _.�. TO ALL INTERESTED PER- SONS that the City Council off the City of Southlake, Texas,will be holding a pub- lic hearing during the,Regu- lar City Council meeting to be held on October 17 1995, beginning at 7:Od p.m. The meeting will be held in the City Council -- --- --- ----- ------ --- Chambers of City Hall 667 North Carroll Avenue,South- lake,Texas.The purpose of the public hearing is to con- sider the following ordi- nance: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-184 AN ORDINANCE CNO. AMENDING 480, AS SIGN AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SUBSCRIBED AND SW GRANTINGE. A ZONINd ME, THIS THE 1 7TH DAY OF OCTOBPP , 1995 • CHANGE ON A CERTAIN • TRACT OR TRACTS OF LAND-.-.�A' ' .. WITHIN THE CITY OF SOUTH- LAKE,TEXAS, BEING 3.678 ,. (+�WAGON 411AAACRES SITUATED IN THE ry J.G. ALLEN SURVEY AB- iJ3I0N EXPIRES STRACT NO. 187, TRACT COMPLEDELOREDESCRIBED EMBER 14, 1998• TARRANT COUNTY,TEXAS IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT I., TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT QUIRE TE THE SPECIFIC ON-ND RECONCILE WITH MONTHLY STATEMENT. THANK PLEASE PAY THIS OF REQUIREMENTS O DI- YOU! TAINED IN THIS ORDI- NANCE; CORRECTING THE _ f� OFFICIALF ZONINGL O MAP;ER POE- ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�� TIORS OF THE ZONING — ORDINANCE; DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND For t Worth CMENDMENTS HEREIN MADE• PROVIDING THAT THIS DINANCE SHALL BE CUMULATIVE OF ALL graITi REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ORDINANCES; PROVIDING A I SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY ACCOUNT AMOUNT 677969 FOR PROVIDING VIOLATIONS SAVINGHEREOS NUMBER C I T 5 7 DUE 46.20 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEW ING AN PER- AND OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 DATE. Section 7. Any person, firm, or corporation who violates, disobeys, neglects or refus- es to comply with or who re- sists the enforcement of any 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 ex- CITY OF ist shall constitute a sepa- rate offense. City of Southlake,Texas 667 N C Sandra L.LeGrand SOUTHLAlirDL,ecret TXy 76U92-9595 PLEASE PAY ► 46.20 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED