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480-056CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-56 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF $OUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY A 10.02 ACRE TRACT OF LAND OUT OF THE B.J. FOSTER SURVEY, ABSTRACT NO. 519, TRACTS lB1, lB2, AND lB3 , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" RESIDENTIAL ESTATE ZONING 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 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 "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 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, 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: -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 a 10.02 acre tract of land out of the B.J. Foster Survey, Abstract No. 519, Tracts lB1, lB2, and lB3, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "RE" Residential Estate 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 $outhlake, 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. -3- 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. Ail 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, o~ 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 form and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the , 1991. ...--.,' ..:% % '-. ...... .. ,,,,, PASSED AND 1st reading the ATTEST: SECRETARY day of APPROVED on the 2nd reading the ~ 1991. day of APPROVED AS TO FORM AND LEGALITY: -5- Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W SEVENTH STREET•FORT WORTH,TEXAS 76102 • iE STATE OF TEXAS )unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 TOT L' RATE AMOUNT _._ INGWlLIt -' SEP 06 6752559 CL . 358 1X89 L 89 . 38 33 . 82 september 6 CITYOF _... .__..._..___..______....__....._.__.....__.__._..._____....______......_-..-____..._-„,____.... SOUTHLAKE TEXAS ORDINANCE fNO.480-56 AN ORDINANCE .. ....-..._.................__............_._.........-_..... _. ..,. AMENDING ORDI- — . _.. NANCE NO. 480 AS AMENDED THE COM- PREHENSII/E ZONING ORDINANCEOF THE .___-_____.........._.......,.._....._ __...........____-..-...._._........._.....................___...-._... CITY OF SOUTHLAKE, TEXAS: GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTSOF LAND -..,._...,,,,..,_-,.,.._.. _,_.....____..�.._....-..__. ._ ,..... WITHIN THE CITY OF SOUTHLAKE, BEING APPROXI- MATELY A 10.02 ACRE TRACTOF LAND OUT _ ._.____.... ,... ........__......_____._....... .._._........_._......_._____.__..._..,... OF THE B.J. FOSTER SURVEY,_ABSTRACT (� NO. 519 iRIA3S 1B1 SIGNE MORE FULLY AND ) SWORN TO BEFORE ME, T I THE A OF COMPLETELY DE- LOTH SEPTEMBE 1991 SCRIBED IN EXHIBIT A"FROM •AG• AGR NOTARY LBLIC CULTURAL TO "RE" „---- ----•------ RESIDENTIAL ES- TATE - __„-„•�___.„-„„-„� ZONING DIS- , � TRICT SUBJECT TO ARRANT �„ g)T THE SPECIFIC RE- QUIREMENTSCON- ........_ ._............._...,._... _......_ _.___._._,_ .......__..... TAINED IN THIS ORDI- NANCE CORRECTING THE OF-FICIAL ZON- 01 AFFIDAVITS ING MAP: PRESERV- ING ALL OTHER POR- -z '„__, TIONS OF THE ZONING P••''•P,-vfh ORDINANCE; DETER- 3=b.•`• '. 1?: KATHRYN J. SPENCER MINING THAT THE i•• •ni PUBLIC INTEREST, 0%. ,N.IC:14i_ OMMISSIO ,.,E- LaL.i.._„ „.„„..,..,_,.,.,,.__„.... MORALS AND GENER- , -,' /1 /off ��o MANDETHE ZONING '��?;F•••••••s�.+'= JANUARY 2B. 1995 0 CHANGES AND /,('� 4�.oF,-,' AMENDMENTS I �" •�"m•s'�e�+bp,¢>T,:,.�- HEREIN MADE; PRO- __ VIINANCE SH HISOBE kR AL• I T IS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �k CUMULATIVE OF ALL / _-- ORDINANCES PRO- VIDING A SEVE!RABIL- TNY FOR A PENALTY- REMIT TO : 400 W • SEVENTH, FW , TX 76102 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;7 - PROVIDING FOR PUB �(j( ( �f># ✓Y�Jt1i�V9�IR1Ti, f�'7(RS`76197 or LICATION IN THE OF- ANDLPROVDPGARf3 ar. e egram X EFFECTIVE DATE. Section 7.Any person,firm ACCOUNT C I T 5 7 AMOUNT 33 . 82 or corporation who violates, NUMBER DUE disobeys, omits, neglects or - refuses to comply with or who 1 resists theenforcementof any ,., of the provisions of this ordi •,%r. - PAGE nance shall be fined not more than Two Thousand Dollars (S2,000.00) for each offense. Each day that a violation Is permittedtoexist shall consti- tute a separate offense. PASSED AND APPROVED IN SECONDREADINGTHIS THE 3rd DAY OF SEPTEM- BER,1991. Gary Fickes Mayor of South lake ATTEST:Sandra L.LeGrand ORIGINA City cretary ' SOUTHLAKE Approved as to form: a-�•^•-• CityA Attorney Taylor,Jr. :ARROLL PLEASE PAY 33 . 82 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star.Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS County of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELT,FY ALLARD 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 INCH/LINE RATE AMOUNT AUG 23 6745682 CL • 358 1X90 L 90 • 27 24 . 20 NOTICE OF august 23 PUBLIC HEARING ___ NOTICE Is hereby given to all interested persons that the Ci- ty Council of the City of South- . lake Texas,will be holdinga " Rub(Ic hearing during the Regular City Council Meeting to be held on September 3, 1991,at 7:30 .m.,Southlake__ _ _________"__ _ ____ ._ w__ City Hall 66r North Carroll Avenue,South lake Texas. Purpose of the hearing is to consider the second readingof....__., _.__..,.,_.._._..___-__ ..._....__..._.....__.____ __............ .. the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480,56li ElpD NANCE AMEND RDINANCE NO. 480, ENDED,THE COM- SIGN ENSIVEZONINGOR- CE kND SWORN TO BEFORE ME, ED TR S - THE OF Au t, 991 SOUTHLAKE TEXAS,. GRANTING A ZONING NOTARY U L CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY BEING APPROXIMATELY T RRANT COON , XAS -..,._ __._--,__._ _.___..,_._".-._-__„__. FONT OUT RF THE B.J. """� 01 AFFIDAVITS 10 • 00 FOSTER SURVEY =�^' 'PGBh AB- STRACT NO. 519 TRACTS :�� : KATHRYN I SPENCER MBl 1B2 AND 183, AND il... '—.n'� ". - __.__,__._._.__.________"_ CON111�I1SS1D1fTRIIRES MORE FULLY AND COM-r"�-- ��S- PLETELY DESCRIBED IN iN' EXHIBIT"A"FROM"AG" '.-, /\ ••?i ��'r' • JANUARY 28, 1995 AGRICULTURAL TO OSTATE ,n At.. '- 34 ZONING DISTRICT SUB-' .........._...,.__....,_____.,.,..___".________. _ __.__.._.._.._..�__.-..,.._,....._..... ...____,�..,_....._... ___........__...�._,.. JECTTHESPECIFIC R - REQUIREMENTS CO R TAINED IN THIS ORDI-� At{,) NANCE CORRECTING THE OFFICIAL ZONING OTHER PRESERVING THE—T R ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �L ZONING ORDINANCE;DE- — TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- REMIT TO : 400 W • SEVENTH , FW, TX 76102 ING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT --- - - -- THI$$p12DINACESHALLBE li XA 76197 r C �1T I V E OF AL L OR- Star-Telegram tj*tM11 1U: . 6 )?iP /;i4•t�)1-Ir WVhi)ti,MX JX S ILITY CLAUSE;t P ING FOR A PEN-FOR VIOLATIONS HEREOF; 34 • 20 HEROF; PROVIDING A ACCOUNT C I T 5 7 AMOUNT SAVINGS CLAUSE' PRO- NUMBER DUE VIDING FOR PUBLICA- TION IN THE OFFICIAL z. NEWSPAPER AND PRO- VIDING AN EFFECTIVE r' r" " PAGE k 1 DATE. Section 7.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dodllars (52,000.00) for each offense. IEEach day that a violation is permittedtoexistshailconstl- tute a separate offense. City ofsouthlake Y OF SOUTHLAKE ORIGINAISan Clty raSe oo � L.LeGrand PLEASE PAY 34 • 20 City Secretary N C A R R O L L SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED