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480-063CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -63 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 APPROXIMATELY A 1.8465 ACRE TRACT OF LAND OUT OF THE WILLIAM WINN SURVEY, ABSTRACT NO. 1660, TRACT 1D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO 11 SF -1A" SINGLE FAMILY -1A, 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 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 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, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Ordinance No. 480-63 Page 2 Being approximately a 1.8465 acre tract of land out of the William Winn Survey, Abstract No. 1660, Tract 1D, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF -1A" Single Family-1A 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 Ordinance No. 480.63 Page 3 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 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. PASSE AND APPROVED on the 1st S , C'03 `• 14811111110% -%4 reading the da of ATTEST: h -1;4 bjA' CI Y SECR ARY APPROVED on the 2nd reading the day of 199. �� c� s r : ca YOR ATT ST: t CITY SECRETARY Ordinance No. 480-63 Page 4 APPROVED AS TO FORM AND LEGALITY: W 1 64� CITY ATTORNEY DATE: 1 ; — Z J/ II � - �wdffi Ordinance No. 480-63 Page 5 EXHIBIT A Being all that certain tract or parcel of land situated in Tarrant County, Texas out of the WILLIAM WENN SURVEY, ABSTRACT NO. 1660, and being the tract described in Deed recorded in Volume 7665, Page 872, Deed Records, Tarrant County, 'Texas and being more particularly described as follows: BEGINNING at the Southeast corner of said tract recorded in Volume 7665, Page 1660, Deed Records, Tarrant County, Texas, in the centerline of Randol Mill Avenue (formerly County Road 3035) from which an iron rod found bears South 88 53' hest, 25 feet; T11ENCE North 00 52' West, a distance of 185 feet to an iron pipe found for corner, said point being the Northeast corner of said William Winn Survey; THENCE South 88' 52' West along the North line of said Survey, a distance of 433.23 feet to an iron rod found for corner; IIIENCE South OC 04' 57" West, a distance of 184.98 feet to an iron rod found for corner; THENCE North 8.3 53' East, a distance of 436.30 f uc: t to the PLACE Or BEGINNING and containing 1.8465 Acres of Land. 7A -4 • rt zs Y ABST N1 253 I i i i , rt '7 GAZA * 0 L rAZ IA -a, its Ls 4 A - T lAIA- 1�= WALKER ZO&A-211 :6 — 7 SURVEY ABSt MRIG04 C T jUWA 'WA WMA j Gom ') 1 ;29 :ZC 2 :2- N A.F.RMEMAN "ZF Gar, z SURVEY ASST �l 52i Z9 ji-WUMM 683 Gas zc: a. kAIA3 [AIA3a 694 -3 IN J All M 0 H J SURV Ey A13 T. e2 Sig jA 20C zc A L I I F 3 J i�.. IA,4 TRACT LOCATION MAP _ __ J1 IE t � TMs TR 2AgA j 10.15 AC 11.460C t / t j t 1 TR _ t TR 2C5 TR 2C6 TR 2C TR 2C13 TRH 1 2C1 t .82 AC .84 AC .84 itC .56 Al AC t _ TR t . is AC • 2A3II .2 a R 2 C A TR 2C8 TR 2C9 ITR 2C10 84 AC IN TR 2C7 AC .56 AC .52 AC .57 AC .82 AC TR 2A5 2.9 9 Wallace, Delbert t A Vann , R . 212 2 1 ��AG1 ► 72 A= TM Webb, William TR 28 TR 282 Spencer, C. 1.08 AC 1.1 AC TR 282A HAf2t „ 1.06 AC & Henderson, Huffstetle TR 28 TR .281A TR.286 A .62 AC .8 AC n, James "AG" "AG" (� FR. 3A9 i McGovern, M. y Ac I iR • I / I ' 'SF -1 "1.00 0 < Klosterman, Wn• 0 tts, Glen E. TR. 2A5C 1r • r v Y .81 Ac a AC SF -:1 �rjUa 6� "AG" "AG" I Vogt Randall TR. 1A6 �� 1 Pierce, E 3 3.72 Ac Pier I } rT ;R. N I R GE 1 - 1 ,A SA I Wiggins, Gene D. p E 36� 1 !4 AC '" I � 4 Q _ , 1 1 4G , v rR . A58 5 AC H TR. 1A1 1.76 Ac I TR. IF TR. 1E I L OM .85 Ac i Ac 5 Ln TR. IA7 < 2 Ac 6 TR. 18 Cr TR.iG i A I TR 283 .28 AC E. 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SURVEY AS • F42S19 - - KEL1E y 1 // ` r 2oG 2ccX 2ue1 ,3 R I as: I I Ass •• IA. 1A, jLL lEl 60 Ac 11 ' TI F ZONING MAP ST, N2 521 E GAZA s 4 re ra \, 60 aa2e t 1 i cr 0, T 0 a w u a 4 waer rtw t oft 7 O w O 1 wrnecNCC �, � � AV. /foo /r. r c.t' + /At 1 er ' 1 t ' � r w 1 1 ` ' � � s a , w #VWW Ww WjMaYlIOw LAW f of RANOOL MIL AVENUE 7� -g Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '""r STATE OF TEXAS inty 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 TOTAL RA 1F AMOUNT DEC 262176014 CL . 358 1X83 L 83 . 50 41. 50 dec 26 ne extra NOTICE OF PUBLIC HEARING NOTICE Isherebvggiventoall ________ Interestedpersons that theCl- _..__ t tv Council of the City ofSouth- ro" ""t`" TM' '''— lake lake Texas,will be holding a 3 public hearing during the LI Regular City Council meetingg at 7:00 p.m., Southlake City 11. Hall,667 North Carroll Ave- 1 DEC 301991 1 nue,Southlake,Texas. Purpose of the hearing is to ---�_.--- ------------- •- {Consider the second reading of following ordinance: --- -.... - TY OF SOUTHLAKE XAS ORDINANCE NO Id OFFICE OF 480-63 L. _-._AN ORDINANCE AMEND- - �,_.,. crry ING ORDINANCE NO. 480, ( . , AS AMENDED THE COM- SIGNS D NANCESOF THE CITY OF JBSCRII GRANTTNGEA onNSG TO BEFORE ME;-_.T IS THE 26ThDECEN.B 99 " D. .Y OF CHANGE ON A CERTAIN TRACT IT TRACTS OF NOTARY pall( LANDWITHIN THE CITY ..._........ . ...._..._. ..._...__......_.. .._._..__ ..�.� _ OF SOUTHLAKE TEXAS BEING APPROXIMATELY A 1.8465 ACRE TRACT OF LAND OUT OF THE WIL- TARRANT COU TY, TEXAS LIAM WINN SURVEY AB- STRACT NO. 1660, TOACT 1D AND MORE FULLY i .•'•-0'' AND COMPLETELY DE- -o•+-'+,`' y',. SCRIBED IN EXHIBIT"A" _R4.7%, YN1 SP CER 01 AFFIDAVIT FROM "AG" AGRICUL- TURAL TO "SF-1A" SIN- GLE FAMILY-1A SUB- Pi CONMISSI°%1 tXi'►� JECT TO THE SPECIFIC R1 28• ! REQUIREMENTS CON- TAINED IN THIS � .°{�9.....,. .. .,._..__._...,.._..__. ORDI- NANCE,. CORRECTING ' \ = THE OFICIAL ZONING MAP: PRESERVING ALL OTHER PORTIONSOF THE ZONING ORDINANCE;DE- TERMINING THAT THE - - PUBLIC INTEREST,MOR- 11S PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —y, ALS AND GENERAL WEL- — FARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN TM'4IDEbRROVIDIN PROVIDING THAT REMIT TO : 400 W . SEVENTH, FW, TX 76102 HALL BE CUMULATIVE OF ALL i ,,;ANcEopRv,, , sEvEAB _,or ( , E,pRooiNga_ • e e ram � � 7619�PALTYOR � REd(li I T V: l►' 4• TIONS HEREOF;PROVID- ING A SAVINGS CLAUSE; 217 61. CATION IN THEOOFF CIAL ACCOUNT C I T 5 7 AMOUNT OVID 41. 50 NEWSPAPER' AND PRO- � NUMBER DUE VIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates,di-. PAGE 1OF 1 I 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 Dollars 02,000.001 for each offense. Each day that a violation Is permittedtoexi st shall consti- tute a separate offense. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE PLEASE PAY 41. 50 SOUTHLAKE TX 76092-8898 THIS AMOUNT Iiii ATTN: SANDY LAGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth tarFe1egram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -- = STATE OF TEXAS anty 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 ,A AD INVOICE NO. DESCRIPTION AD SIZE .,,•,,,,rdt RATE AMOUNT JAN 13 6809439 CL. 358 1X85 L 85 . 38 32. 30 'Jan 13 CITY OF sOUTHLAKE, TEXAS ORDINANCE NO.480-63 AN ORDINANCE _ .._._ AMENDING ORDI- NANCE NO. 480 AS AMENDED,.THE ZONING CITY OF SOUTHLAKE TEXAS, GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACWITHIINSTHEFCITY OF SOUTHLAKE TEXAS BEING APPROXI- MATELY A 1.8465 ACR E TRACT OF LAND OUT OF THE WILLIAM •WINN SURVEY, AB- A STR ACT NO. 1660 7, TRACT ID,AND MORE D JBSCRIBED AND SWORN TO PLETELYND cDE_ HIS THE 14THDAY OF JAN117, 1992 SCRIBED IN EXHIBIT CULFROM UEAL G GRI NOTARY PUBLIC SINGLE FAMILY _ -- I SUBJECT TO THE -" -- SPE- CIFIC REQUIRE- `l MENTSCONTAINEDIN TARRANT COUNTY, TEXAS THIS ORDINANCE; CORRECTING THE OF- 11,eoo<e.11 .r4,a+`l- FICIAL ZONING MAP; "`• PRESERVING ALL ♦Pay P�t OTHER PORTIONS OF =' '9! /� KATHRYN J. ��F;l'1,L,: ', THE ZONING ORM- .. NANCE DETERMIN- i . .'CO ,I 1 IT'f.�;I''SJ INGTHAT THE PUBLIC /,;t, a, INTEREST MORALS 4r•.. P� I '�' ANDFAR GENERAL WEL-THE 1�N.....f� JAiVUAii( 2�5, lye ZONING CHANGES l AND AMENDMENTS v HEREIN MADE; PRO- VIDINGTHATTHISOR- DINANCE SHALL BE TEAR ALONG THIS OREDINGIiNAAANSIC EV�R ES PRoABIL- TURN THE LOWER PORTION WITH YOUR PAYMENT VI ITY CLAUSE-PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; REMIT TO : 400 W . SEVENTH, FW, TX 76102 PROVIDING FOR PUB- LICATION IN THE OF- AND PROVIDING Ark 0 T T \ Fort WorthStar EFFECTIVE DATE. ��n , RR�R�CR�P�c'XRiNR9cTRxTR'SfR012°51 i Section 7.Any cerson firm or corporation who violates, disobeys, omits, ne9lects or ACCOUNT AMOUNT 6809439 refuses to comply enforcwithrwho NUMBER CIT57 DUE 32. 30 resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars L$2,000.00) for each offense. Each day that a violation is l permittedtoexlstshall constl- tute a separate offense. PASSED AND APPROVED IN SECONDREADINGTHIS THE 7th DAY OF JANU- AR Y 1992. MAYOR OF SOUTHLAKE ATTEST:KIM BUSH, ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNFOR JR., CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 32.30 PLEASE PAY SOUTHLAKE TX 76092-8898 THIS AMOUNT , ATTN : DOROTHY PLEASE WRITE IN AMOUNT ENCLOSED