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480-017CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-17 AN ORDINANCE AMENDING ORDINANCE NO. 480, 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 APPROXIMATELY A 32.706 ACRE TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING THE WESTERN PORTION OF TRACTS 5 AND 5A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM SINGLE FAMILY-lA RESIDENTIAL ZONING DISTRICT TO SINGLE FAMILY-20.0A RESIDENTIAL ZONING DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; 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 Single Family-lA Residential 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 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, £he c~ti~ens of %he 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 S©UTHLAKE, 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 approximately 32.706 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the western portion of Tracts 5 and 5A, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Single Family-IA Residential Zoning District to Single Family-20.0A Residential Zoning 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 %hose 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 hereinl -3- Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. ~_.PAS ~ED AND APPROVED on the 1 st reading the } ,;~/_J , 1990. PASSED AND APPROVED on the 2nd reading the · ... ... ATilT. , ~ ~ day of day of Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared 1Don& L_ HC< . 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 TOTAL RATE AMOUNT INC APR 21 6504841 CL . 358 CITY OF 1X73 L 73 . 60 43 . 80 SOUTHLAK TEXAS a p r i l 21 ORDNANCE NO.480-17 -..r...-. ... AN ORDINANCE AMENDING ORDI- NANCE NO. 480 THE COMPREHENSIVE ORDINANCE OF THE CITY OF SOUTH- LAKE, TEXAS;GRANT- ING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATE- LY A 32.706 ACR E TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING THE WESTERN PORTION OF TRACTS 5 AND 5ALLY , AND MORE FU AND - PLETELY DESCRIBED _D SUBSCRIBED AND SWORN TC IS NGLEBIFAMILY-OlA ['HIS THE a3 DAY OF /4PQ iggo RESIDENTIAL ZONING / FAMILY-20.0A TO SIRESE NGL NOTARY PU6LIC DENTIAL ZONING DIS- TRICT IN ACCORDANCE AT- TACHED HERETO AND TARRANT COUNTY, TEXAS SUBJECT TO THE SPE- CIFIC REQUIREMENTS CONTAINED INTHISOR- DINANCE; CORRECT- I 1;N SUE A. "Ma01 A F F I D A V I-S ING THE OFF ICIALZON- '�i;i� INGMAP;PRESERVING err ALL OTHER PORTIONSOF THE ZONING ORDI- /� �.4 COMMISSION EXPIRE NANCE;PROVIDING A ` rr OCTOBER 2], 1993 SEVERABILITY + CLAUSE; DETERMIN- ,:.,�' ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE TEAR ALONG THIS AMENDMENTSES AND TURN THE LOWER PORTION WITH YOUR PAYMENT —y HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF T DAR SAND DOLLARS REMIT TO : 400 W • SEVENTH , FW , TX 76102 (S2000.00) FOR VIOLA- TIONS OF THE ZONING Port ONRGDAAVNICNEG;SPC ROED-- M P9.42 q040 4 6 yi yAX4(7619 FECTIVE DATE. 7\6504841 PASSED AND APPROVED ACCOUNT C I T 5 7 AMOUNT II THIS THE 17TH DAY OF 4 3 • B O APRIL,1990 NUMBER DUE Mayor Gary Flckes ATTEST: Sandra L.LeGrand City Secretary Approved as to form: E.Allen Taylor Jr. City Attorney ORIGINAL INVOICE CITY OF SOUTHLAKE 667 N CARROLL PLEASE PAY 43 . 80 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS ( my of Tarrant Before me , a Notary_ public in and for said County and State, this day personally appeared ARE.r\/ /r?KLof2 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 TOTAL RA AMOUNT INC APR 06 . 494719 CL . 358 1X85 L 85 . 38 32 . 30 april r b NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to al I Interestedpersonsthatthe City Council of theCityof South- lake,Texas,will be holding a public hearing during the City Council meeting to be held on April 17,1990,at 7:30 p.m.in the City Council Chambers of City Hal I,667 North Carroll Avenue, Southiake,Texas. Purpose of the hearing Is to consider the second reading on the following ordinance: CITY OF SUTHLORDNANCE NO.480-17 SIGNED �)..aM'-'` ;:lesegr...., SC' IBED AN ORDINANCE BEFORE ME , TH=S THE 971.. 7:y(:,:_cCbenda 199D AMENDING ORDI- NANCE NO.480,THE NOTARY PUBLIC COMPREHENSIVE ....___._____......_____......... ZONING ORDINANCE OF THE CITY OF SOUTH- LAKE,TEXAS;GRANT- ING A ZONING CHANGE _� r TARRANT COUNTY, TEXAS ON A CERTAIN TRACT ""' !+� ..2)91.1 OR TRACTS OF LAND �, WITHIN THE CITY OF TEXASy1=' tnyySOUTHLAKE SUE A. RUSSELL BEING APPROX MATE- ...-_.... ............ . ..,-, js COMMISSION EXPIRES W 1 AFFIDAVITS LY A 32.706 ACRE TRACT isi' „ VI OCT03ER 21, l993 OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695, �� ___ __,._-..,.. BEING THE WESTERN """ --. 6 PORTION OF TRACTS 5 AND 5A, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM SINGLE FAMILY-1A ;PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ---A, RESIDENTIAL ZONING -_ — DISTRICT TO SINGLE FAMILY-20.0A RESI- DENTIAL ZONING DIS- WITHTTHEEXHIBIACCORDTNCE AT- REMIT TO : 400 W . SEVENTH , FW, TX 76102 TACHED HERETO AND Ort a SUBJECT CE; SPE- e e ram CON REQUIREMENTS CONTAINED IN THIS RECTING THE OFFI- X I-(E_N,'I. IC: F• DA X �3PXXXXV X/ XT S 76197 ORDINANCE; COR- CIAL ZONING MAP; 6494719 PRESERVING ALL ACCOUNT AMOUNT OTHER PORTIONS OF NUMBER C I T 5 7 DUE 32 . 30 THE ZONING ORDI- NANCE;PROVIDING A SEVERABILITY ING THAT TTHE PUBLIC ETERMIN- PAGE 1 OF I INTEREST MORALS AND GENERAL WEL- FARE DEMAND THE ZONINGCHANGESAND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($2000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- CITY ING A SAVINGS ORIGINAL CLAUSE;AND PROVID- 667 N ING AN EFFECTIVE PLEASE PAY SOUTH DATE. 32 . 30 CITY OF SOUTHLAKE THIS AMOUNT Sandra L.LeGrand T X 76092 0 AT ,Wy.Sec,5MiILRRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED