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480-189CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-189 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 0.656 ACRE TRACT OF LAND SITUATED IN THE ABSALOM H. CHIVERS SURVEY ABSTRACT NO. 299, TRACT 2C4, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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 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 Page 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 fi.om 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 S outhlake, 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 0.656 acre tract of land situated in the Absalom H. Chivers Survey Abstract No. 299, Tract 2C4, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-20A" 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 ail 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. 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 Soutlflake 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 fi:om and alter its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ~-~ day o~~ ,199~. ATTEST: CITY SECRETARY Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: EXHIBIT "A" TIIE~CE THENCE at · $/8" Iron found at the Northeast ~orner of the above referenced tract, ~aid point being East 474.39 feet and South I146.~S feet fram the Southwest corner of Lot 1 of A. ~. Chivers Ko. 2~g Addition 'to the City of Southlake ~ sho~n on on a plat of record in Cabinet A,-Sllde 1801, said point also being the ~orth~est corner of a tract described in a deed in ¥~qume 3965, Page ~g. Oecd Records, TZrrant"County, Tax'as; South 17Z.1~ feet along the East line of the tract described in ¥olune 11136, Page 16S4, above re~ePenced,, and the ~est line of--the tract 4ascribed .in Volume 396S, Page ~9, Oecd Records, Tarrant County, TexaI, to a $/8' iron found at the Southeast corner of sa~e in the Worth line of an ingress/egress ed seaent having · ~ldth of 30.0 feet as described in ¥oluae 3~g~, Page Z46, 0ned Records, Tarrant Codnty, Texas; ~- 89° - 37' - Sd' ~.'along the Horth 1'ina of said road easement 166.19 feet to a t' Iro~ found in sa~e for the Southwest corner of the herein described tract, said point also being the Southe~t' corner of i tract described tn a deed in ¥oluee 9477, Page ~280. Oecd Records. Tarrant County, Texas; N. 0o - 03' - 44' E. 172.12 feet to a i= Iron set for corner mt the ~ortheast corner of the last referenced tract: S. B9o o 37' - Sd' E. '166.0 feet to the PO[KT OF BEGInNiNG and containing 0.G~6:acros, Page 6 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD ORDER NO. 1179109 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T' 'E STATE OF TEXAS unty 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 INOH/LINE 1/19 E 1179109 CITY OF SOUTHLAK I35 1x 74L 74 . 55 40 . 70 CITY OF SOUTHLAKE, I t_XAS 01/1 d fl, /, ' ORDINANCE NO.480.189 r —� AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN ---' TRACT OR TRACTS OF LAND -- -- - - - - -- - WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 0.656 ACRE TRACT OF LAND SITU- ATED IN THE ABSALOM H. CHIVERS SURVEY AB- STRACT NO. 299 TRACT 2C4 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO"SF-20A"SINGLE FAMILY RESIDENTIAL DISTRICT SUB- JECT TO THE SPECIFIC RE- INUIREMENTS CONTAINED ��� RECTING ORDHE NCO�F C AL S I G I E �1�SS��`(� Ci..J.TS ZONING MAP' PRESERVING ALL OTHER PORTIONS OF. THE ZONING ORDINANCE'' DETERMINING THAT THE;SWORN TO BEFORE ME, THIS THE 22ND DAY OF JANUARY 19�6 PUBLIC INTEREST, MORALS; ' AND GENERAL WELFARE DEMAND- THE ZONING �%,4"�...... s+w2.Y+�.�. �-•�. J I� CHANGES AND AMEND- MENTS HEREIN MADE;PRO- VIDING THAT THIS ORDI- NANCESHALL BE CUMULA- TIVE OF ALL ORDINANCES; 1 ': :'• COMMISSION EXPIRES ,' PROVIDING A SEVERABILITY r/'. TARRANT COUNTY,TEXAS CLAUSE; PROVIDING FOR A �j'9'•.,• P' - PENALTY FOR VIOLATIONS P a;f• F+- SEPTt.MBCR 8, 1�99 a, HEREOF'PROVIDING A SAV- O.--.. '_`s,'�-;4"--- INGS CLAUSE' PROVIDING tra,r,F,-^ ^'p-'Y^•"'- '.� FOR PUBLICATION IN THE RUIN GEANPEFFECTVEE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DATE. Section 7.Any person,firm or corporation who violates, TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT A 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 Thou- sand Dollars (S2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 separate offense. of PASSED AND APPROVED BY Star-'l'elegrarn THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS ACCOUNT AMOUNT THE 16TH DAY OF JANU- NUMBER C I T 5 7 DUE 4 0. 7 0 ARY.1996. 1/s/Gary Fickes, ATTTYEST:Southlake PAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7501 /s/Sandra L.LeGrand, 1 OF 1, City Secretary APPROVED AS TO FORM: ' /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 7LP"r_-9595 PLEASE PAY 40 . 70 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED