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480-064CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-64 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 $OUTHLAKE, TEXAS BEING APPROXIMATELY A 1.008 ACRE TRACT OF LAND OUT OF THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACTS 2B3 and 2B3B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" 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 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: 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 1.008 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tracts 2B3 and 2B3B, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single Family-lA 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. -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. 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 form and after its passage and publication as required by law, and it is so ordained. ..--'s%.. .......... :re '.... / f ~ :' ~.~ ".. ,~' % /~AYOR '%3/ %,-,:.. ...' ? . % ............ · ,,,- x PASSED AND of APPROVED on the 2nd reading the ___~__L~d~o f ~%.,' ~ '-. ~/ / ~ ." lq "- ~ J f~ ~ __--1~ ~% ATTEST: %o~.. ~ ~..: %,,, ";";~' * ,+'* efTY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY -5- BEGINNING at an iron rod at the intersection of the North right-of-way line of Lilac Lane with the West right-of-way line of Buttercup Road as dedicated o~ page 817 of Volume 5217 in the T~rrant County Deed Records and also being the Southeast corner of said 5.2 acre tract and being about N 89° 42' E a distance of 481.31 feet and S 1° 47' 10" E a distance of 453.75 feet from an at the Southeast corner of Lot 2, SPRING CREEK ACRES, an addition to the City of Sout~hlake, Tarrant County, Texas according to the plat recorded on Page 74 of Volume 388-202 in the T~rrant County Plat Records; THENCE West along th-= North right-of-way line of said Lilac Lane a distance of 289.1 feet to an iron rod at the Southeast corner of a 2.33 acre tract as conveyed to Marion Bruce McC~s by deed recorded on Page 868 of Volun~ 6667 in the Tarrant county Deed Records; THENCE N 0° 51' 15" W along the East line of said 2.33 acre tract a distance of 152.5 feet to an iron rod at the Southwest corner of a 1.96 acre tract as conveyed to Richard Garrett, et ux Debra A. Garrett by deed recorded on Page 616 of Volume 7580 in the Tarrant County Deed Records; THENCE East along the South line of said 1.96 acre tract a distance of 286.62 feet to an iron rod at the Southeast corner of said 1.96 acre tract and being in the West right-of-way line of said Buttercup Road; THENCE S 1° 47' 10" E along the West right-of-way line of said Buttercup Road a distance of 152.56 feet to place of beginning, containing 1.008 acres or 43,894 square feet of land. 3¢ TRACT LOCATION MAP TR 6.05 AC T~ ~B t McCombs, M.B TR 283A 2.33 AC "AG" Forman, Donald J. TR ~O.&B AC TR BE3 TR ~3 20.0 AC Bear Creek Communities, Inc. Garrett, Richar¢ TR 283C Lilac Lane 570 TA P_52 ~0.09 AC ET IX 9ebra "P.U.D." ear Creek Communities, Inc Agent: Mobil Oil Corp. TR B. x5 AC (?.15 ACl ~l.o AC) :_ "P.U.D." IA-{,, Bear Creek Corammities, Inc. Agent: Mobil Oil Corp. TR 2C1 Illl[llllll I. IIIIIIIIIIIIII1 LAND mmmmmmm! Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS Jnty 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 : LATE AD INVOICE NO. DESCRIPTION I AD SIZE TOTAL RATE AMOUNT ._..... _..-._ — INCRUNE __ -_ INCH/LINE FEB 07 6822261 CL . 358 1X89 L 89 . 40 35 . 60 Feb 7 .1 ' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-64 AN ORDINANCE i AMENDING ORDI- NANCE NO. 480 AS AMENDED THECOM- PREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ONA - - --- - - - CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING APPROXI- MATELY A 1.008 ACRE OFATHE O.W. KNIGHT SIGNED 0�/-' SURVEY ABSTRACT BSC 2B3899,TR ACTS 2B3and RN TO BEFORE ME , THIS THE 7` H DAY OF FEBRUARY, 1992 A MORE FULLY NOTARY PUBLIC_ ANDD COMPLETELY DESCRIBED IN EX HIBIT"A"FROM AG" _--�� \ � , t�.„ A rk,,,,, AGRICULTURAL TO "SF-IA"SINGLE FAMI- LY RESIDENTIAL DIS- S- TARRANT COUNTY, TEXAS TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- 7 .. ., THECOF CORRECTING _. �,. -� AINED IN THIS - THE OFFICIAL ZON ING MAP, PRESERV- o°�ar <.41,, }(ATHRYP! 1 SPENCER ING ALL ETHER POR- �, nr TIONSOF THE ZONING iZ+'': �EOM SSjON EXPIRES ORDINANCE; +j i. 1995 PUBLIC INTEREST, �ri,r., \:`t-P5 JpNUARY 2$, + MORALS AND E DE-ER- y9f•....Ti:= AL WELFARE DE- tE Nam.. MAND THE ZONING AMENDMENTS AND G THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� AMENDMENTS HEREIN MADE; PRO- DINIANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PRO- VIDING ASEVLRABIL- REMIT TO : 400 W . SEVENTH , FW , TX 76102 ITY CLAUSE PROVID- ING FOR A PENALTY �iFOR (PROVIDING A SAVINGS CLAUSE; Rr�A�TTr: P ort PROVIDING FOR PUB 1 .Tel LIGATION IN THE OF- ` e�r� ACCOUNT PROMFICIA NEWSPAPER 6822' AND PROVIDING NUMBER CIT57 AMOUNT 35 . 60 Section 7.Any person firm [, I Jiscobeps, omits, nration o. lieciseor 11' refuses tocomply with or who PAGE DF resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (52,000,00) for each offense. Eperrnittttedtoexi st t a violation hal l constis lute a separate offense. PASSED AND APPROVED I INSECONDREADINGTHIS THE 4th day of February, 1992. Gary Fickes, AT!ErST:s° trlake 'ILAKE ORIGINAL Sandra L.LeGrand, dteretiry`ARKOLL AVE 35 . 60 PLEASE PAY ih,. SOUTHLAKE TX 76092-8898 THIS AMOUNT1 ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED fort Worth StarFeIegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -' E 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 AD INVOICE NO. DESCRIPTION AD SIZE 1 TOTAL WCH NE RATE AMOUNT JAN 24 6815238 CL . 358 1X95 L 95 1 . 38 36 . 10 Jan 24 1358 Legal Notices NOTICE OF PUBLIC HEARING NOTICE Is hereby given to all ........ .......... interested persons that theCi- - -- - -- - ty Council of the City of Sougtth- pl ub(ic Texas, will a holdinthe RegularrpCityCouncIYYimeetingg _. _.. Ha�006 held p.m.,/ Southia le 21,i City _.. Ave- nue, h Southlake,Texas. oThe consider Purpose ondreading �/y f ' CITYfOF SOUTHLAKE, I SIGNED l' 1 _... ORDINANCE NO.NANCE NO.ORDINANCE THIS THE "24TH (7 NSF• JANU 1992 -... . TEXAS UBSCRIBE AAN annENDEDGTHEConn BEFORE ME , NOTARY PUBLIC PRDINAN E ZONING TEXCITYOFSOANTINI TARRANT COUNTY, TEXAS AS- GRANTING /� - -- - -- - - ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND N'r"1W'•r4 # WITHIN THE CITY OF ++"��a�h t�f Cnt(.�r+�p SOUTHLAKE TEXAS �C r)?'4�1t K THRYN J.SPENCER BEING APPROXI- ,,gy�ppto MATELY A 1.008 ACRE ..ei TRACT OF LAND OUT 5j•'\'�� �1`i COMMISSION EXPIPES SURVEY, THE O.W. KNIGHT ' IN/1;1 -JA MY 28, 195- 2B B,AND MORE FUL h".t;.. s V - LYANDCOMPLETELY DESCRIBED IN EX- H I B I T"A"FROM"AG" ASFRIA SINGLE FAMO PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT LY RESIDENTIAL DIS- ` TR ICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED REMIT TO: 400 W . SEVENTH, FW , TX 76102 THE OFFICIAL ZON- ING MAP PRESERV- ING ALL ETHER PER- r� X'A A7�A'� X n'K�^"!\A' X�T' Wot TIONSOFTHEZONING [ 1egram '�_M T TO•ORDINANCE DETER- MINING THAT THE PUBLIC INTEREST, 6815238 ACCOUNT AMOUNT MORALS AND GENER- NUMBER C I T 5 7 DUE 36 . 10 AL WELFARE DE- MAND THE ZONING CHANGES AND AMENDMENTS ]� HEREIN MADE; PRO- PAGE DF 1 DINANCE SHALL BE ORDINANCES PRO VIDINGASEVE'RABIL- ITY CLAUSE PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; AND DFECTIIVIDING AN CIT ORIGINAL Section 7.Any person,firm or E 6 6 ( corporation who violates,di- 36. 10 sabers,omits,,neglects or re-E PLEASE PAY S O L 'men°tot am TX 7 6 0 9 2-8 8 9 8 of the provisions of this ordl- 7� THIS AMOUNT tueseststt,eenForce th nance shall be fined not more-G R A N D than Two Thousand Dollars— 1S2,000.00) for each offense. Each day that a violation is permlttedtoexist shall constl- tSoutk �Ciy of Sohlae Sandra L.LeGrand PLEASE WRITE IN AMOUNT ENCLOSED City Secretary ___.