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480-069CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-69 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 2.47 ACRES OUT OF THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TRACTS 1S, 1T, lTl, AND 1U, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL ZONING DISTRICT TO "SF-1A" SINGLE FAMILY-lA 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 21~ 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 Ordinance No. 480-69 Page 2 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 genera~ 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 qeneral 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. 480-69 Page 3 Being approximately 2.47 acres out of the Francis Throop Survey, Abstract No. 1511, Tracts iS, 1T, lTl, and lU, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural Zoning District to "SF-1A" Single Family-lA 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 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 Ordinance No. 480-69 Page 4 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, 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. PASSED AND APPROVED on the 1st reading the ~ day 1992. /3 ....~,.. ~ ..,..~% ~_ / ? .~ ~ / ~'i2% ~o~ / / %~% ~ ~,~ ATTEST. ~ITY SECRETLY of APPROVED on the 2nd reading the / ~ day of 1992. ~.,,,.,,,,,,.. . ,, ,,~ ~-'L~ ~- ~...' -..-~% ~ ~... ~ ...~ %~.~. ~ ~ ...- ~ Ordinance No. 480-5 Page 5 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY b:480 69lORD/kb Muller Zo in et- 32tl Property Description for Zoning 2.47 Acres in the F. Throop Survey Abstract I 1511 Being a tract of land situated in the F. Throop Survey, Abstract Number 1511, City of Southlake, Tarrant County, Texas, also being all of those certain tracts of land as described by deed to Unique ~ncorporated a~ recorded in Volume 8476, Page ~22, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at the southeast corner of a 1.186 acre tract o~ land as described by deed to Thomas Schneider as recorded in Volume 9334, Page 1476, said Deed Records, said corner being in the north right-of-way line of Dove Road (County Road # 3080), and being South 379.15 feet of the southeast corner of Lot 3, Block 1, Twin Creeks Addition, as recorded in volume 388/150, Page 74, Plat Records Tarrant County, Texas; ?hence North, 546.20 feet along the common lines of the said Unique Inc., Schneider, and Twin Creeks Addition, to the southwest corner of S. N. Sandel Jr. tract; Thence East, 182.50 feet along the south line of said Sandel tract, to the west right-of-way line of Torian Lane as recorded l~ Volume 4597, Page 345, said Deed Records; Thence South, 634.82 feet along the said west right-of-way line of Torian Lane, to the aforementioned north right-of-way line of Dove Road; Thence N 64o06' W, Dove Road, to the or less. 202.87 feet along the said north right-of-way line of POINT OF BEGINNING and Containing 2.47 acres Of land more SUI~WEYOR CERTIFICATION Texas, do hereby certify that the DaVid L. Dawson, Registered Pro~essional Land Surveyor, in the State o£ above p~operty description was compiled from Deed~dS. ~ ~avid L. Dawson Registered Professional Land Surveyor Texas Registration No. I .... .5 AC 7 t3 15 TRlP .45 ~C TR 2B 5 TR .45 ~C 5 TR .5 ~C .5 ~C 4 Sandel, S "AG" iimpson, H. TR ~R 3 'SFi-A" Schneider Bar~helem Thomas 1 Wm. T~ 1~E2 "AG" 1,10 ~C Cate, Mabel T~ 2C 2.18 ~C .5 ~C TR 49 AC .39 ~C .46 AC TR lw TR 1M .5 AC .5 AC TR 1Xl .5 AC TR iN Tg lX .5 AC Thompson, TR ~d .5 AC T~ 1Y TR ~dl .5 AC "AG" George, H. T~ lZ ! AC TR 10 Ricky TR 1AA TR 1E ! AC 1 AC McPherson,TR ~ky:' ~.57 AC "SFt-A" Long, Pamela TR 2L TA 1 AC 1.031 AC "SFI-A" ADJACENT OWNERS & ZONING Dinh, ~=~uyen 20 5 054 AC 2 95 ~C TR : 7 ~ TR 382 .88 AC TR 383 .56 AC S · 87 A( TR 2.740 fort Worth Star-Telegram .. - 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** THE STATE OF TEXAS I*i. unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared SUE RUSSELL 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 : TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH LINE I RATE AMOUNT JUN 19 68896271CL . 358 1X92 L 92 . 40 36. 80 I June 19 Legal No►ices p , 0 , # 4 8 0-6 9 CITY OF SOUTHLAKE, ORDINAN EANO.480-49 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS ...... -. _.... ......... ...._. liti OM- TIHEG qN A OR OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS ... -__... .. ......... ..-.._ BEING APPROXI- MATELY ACREIS SIGNED J� : C�'2C ' OUT OF THE FRANCIS THROPtACT NOEY(511 ND SWORN TO BEFORE ME , THIS-THE 23RD D ' OF JUNE; 1992\ • ACTS MORE FULLY NOTARY PUELIC OAAPL FULLY _ iS COMPLETELY ' ���\ :SCRIBED M G" AGrtiRICULTURAL ZON- ING ING DISTRICT TO"SF- TA1RRANT COUNTY, TEXAS IA" SINGLE FAMILY- IA RESIDENTIAL DISTRICT SUBJECT TO oTUIREMENITSCCRE- fii".1=46,4iewbneet~i~betemweri TAINEDINTHIS ORDI- 4CRYpVd11THECOFFIICIALCZON S2 `, KAYHRYN J. SPENCER ING MAP, PRESERV- •^•�-C_•5 COMMISSION EXPIRES c� ING ALL OTHER POR- TIONSOF THE ZONING . `• .1\ `P' JANUARY 28. 199 ORDINANCE COR- RECTING �q'�•.....-• -' �° THE OFFI- V.0 CIAL ZONING MAP; I ,�I ��.�i .�:� OTHER PORTIONS OF LU- /,��lJ. _ THE ZONING ORDI THAT IHE PUBLIC IN- TEAR ALON THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT THAT TEREST MORALSAND DEMANDTHE ZONING AMENDMENTDS REMIT TO : 400 W . SEVENTH, FW, TX 76102 HEREIN MADE; PRO- F IUU O- F�� U��� i` Ix iti-1-2051IL- th r- RO- TelNSegrarn CIT5AMOUNT6. 80 N$ ACCOUNT HEREOF; PROVIDING NUMBER DUE A SAVINGS CLAUSE; LPRCOVIDONIGFOHE OF- FICIAL NEWSPAPER- 1 1 • AND PROVIDING AN EFFECTIVE DATE. PAGE OF Section 7.Any person,firm or corporation who violates disobeys,omits, neglects or refuses to comply with or who rn resists theenforceentofany of the shall be fined not more than Two Thousand Dollars S52.000.00) for each offense. Each day that a violation is oermjttedtoexist shall constj- yie.a separate offense AND APPROVED . JDEADINGUNIEI Y OF SOUTHLAKE ORIGINAL ces, II N CARROLL AVE 36.80 1I'EST:Southlake JTHLAKE TX 76092-8898 PLEASE PAY , andra L.LeGrand, THIS AMOUNT .1orIitv ovedasrtoform. ATTN : SANDY LEGRAND .Allen Taylor Jr., jty Attorney PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Teleg ram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** - 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TIE 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 °'tit RATE AMOUNT ii-i LINE JUN 05, 6880815 'CL . 358 1X94 L 94 . 40 37. 60 NOTICE OF PUBLIC 'June 5 HEAR ebygiven P . O . # ORD . 480-69 interested persons that theCi� ty Council of the City of South lake Texas,will be holding a public hearing during the - Regular City Council meeting to be held on June 16 1992,at 7:00p.m. SouthlaketitYHall, 667 North Carroll Avenue, South lake,Texas. -.- Purpose of the hearing is to consider the second rearlIna of the fog lowing o�rdlnance: .. 1- CITY OF SvUTHLAKE,� "" ' ORDINANCE TEXAS AM IGINOR AMENDING DII NANCE NO. 480 AS . ...._.. .......... .......... oREHENSIIVEZONII G SIGNE RDIOFS000LAKE ND SWORN TO BEI ORE ME,-TH-Ig -THE ' I. D Y OF NNE; 92 EXAS• GRANTING ERTAINHTRACTOOR NOTARY PUBL� TRACTS LAND `\--- WITHIN THEE CITY OF "� �-‘ SOUTHLAKE TEXAS v' BEING APPROXI- y-,.x..,,,•..•.r TARRANT COUNTY, TEXAS MATELY 2 47 ACRES .1"4"'"_ti ,%,t OUT OF THE FRANCIS a;1j. .ueh,%;? SttONERES Q lU AND MORE FULLY pV 2V 1995 t AND COMPLETELY ��/q }*: 1ANUA , DESCRIBED IN EX; HIBIT"A"FROM"AG' + y`F; t. AGRICULTURAL ZON• tid ING DISTRICT TO SF- 1A" SINGLE FAMILY- DI RESIDENTIAL DISTRICT SUBJECT TO TQUIEREMENITSCCON- i I TAINED IN THIS ORDI- t NANCE CORRECTINGA --—THE OFFICIAL ZON- -EAR ALON THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� ING MAP PRESERV TIONSOFTHE ZOER NING ' MINING THAT THE REMIT TO : 400 W . SEVENTH, FW, TX 76102 PUBLIC INTEREST, I AMORWELFARE NDE- xJ( J(`xJ(J( v �[ J(�[ y Pbi •A& Sj �t-205 t, rTe�. egramCC ACCOUNT CIT57 A MOUNT 37.60 ORDINANCES PRO- NUMBER VIDINGASEVERABIL- ITT CLAUSE PROVID- I I ING FORA PENALTY FOR VIOLATIONS HEREOF; PROVIDING PAGE OF A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. Section 7.Any Person firm or corporation who l or disobeys,omits, neglects refuses to comely with or who resists theentorcementof any of the provisions of this ord ance shall be fIned riot more than Two Thousand Dollars SOUTHLAKE ORIGINAL 02,000,00) for each offense. Each day that a violation is 4 R R 0 L L A V E rmittedtoexfstshallconstl- 37. 60 Cufvaof S ouathlake"efTX 7 6 0 9 2-8 8 9 8 PLEASE PAY Sandra L. eGrand (E THIS AMOUNT ► HI II' il SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED