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480-076CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-76 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 1.753 ACRE TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, AND MORE COMMONLY KNOWN AS LOT 1, BLOCK 1, OF THE JACKSON ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY-iA, 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 DEMA/~D THE ZONING CHANGES AND AMENDMENTS HEREIN M3%DE; 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 Dr0ducing elements ~nd 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 480.76/ORD/kb Page 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 ~reas be altered, changed and amended as shown and described below: Being approximately a 1.753 acre tract of land out of the Thomas Mahan Survey, Abstract No. 1049, more commonly known as Lot 1, Block, of the Jackson Addition, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF-1A" Single Family-iA 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 thqse 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 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 48076/ORD/kb Page 3 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. ~ ~ASSED ~AND APPROVED / on the 1st reading the / day ~". )5 (~ ix' :~ ATTEST: "°,,.mmm~ .... tITY SECRETARY of PASSED AND APPROVED on the 2nd reading the /~ day ~;% ..' .... .¢% i ATTEST: · . .......... · ,! ' ~ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: of CITY ATTORNEY 480.76/ORDt'kb Page 4 Fort Worth Star-Telegram . , 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ***INVOICE/A^F IDAVIT'""INVOICE/A"^•IDAVIT* : STATE OF TEXAS lnty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared CAL RILEY 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 : TM AL DATE I AD INVOICE NO.1 DESCRIPTION I AD SIZE CH ;NE RATE AMOUNT SEP 18 6940764 CL . 358 1X86 L 86 . 40 34 . 40 _— ORDINANCE Sept 18 AN ORDtINANCE P. O . # 480-76 AMENDING ORDI- NANCE NO. 480 AS AMENDED THE COM- PREHENSIVE PREHENSIVE 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 APPROXI- MATELY A 1.753 ACRE TRACT OF LAND OUT OF THE THOMAS RE MONLY DI,OFOT1 THE JACK- SIGNED BLOCK O ADDITION.,ION, AND AB- STRACT WN LOT 1, )MPLETELY DE ND SWORN TO BEFORE ME, THIS THE 2 DA F SEPTEMBER, 1992 R—JLTURAL OSF-EXHIBIT NOTARY PUB K . SINGLE FAMILY-1A, SUBJECT TO THE SPE- CIFIC REQUIRE- /. TARRANT COUNTY, E S MENTSCONTAINEDIN -,' THIS ORDINANCE; :r-.'' '' _-- CORRL ZONING MTHE AP; ., v TTtu1 Y(A }, PF���'� PRESERVING ALL �`�~ Y , �1`lR OTHER PORTIONS OF e% ,� . 1 hXP�RLS THE ZONING ORDI- NANCE; Ve,* r u4 �i�r11`�1}��01].- �L DETERMIN- N; 1pkl 28, 19P5 # INGTHTTHEPUBLIC �� 03INTEREST MORALSbfi-S FARE DEMANDVTHE ,Cf o `=,a:. ZONING CHANGES a AND AMENDMENTS HEREIN MADE; PRO- VIDING THAT THIS OR- DINANCE SHALL BE CUMULATIVE ICEE PRo —TEAR A ONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT VIDINGASEVERABIL- ITY CLAUSE(•.,PROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING REMIT TO : 400 W . SEVENTH, FW, TX 76102 A SAVINGS CLAUSE; \ PROVIDING FOR PUB-9 LIGATION IN THE OF- S �� T A X' R h X FICIAL NEWSPAPER• C�tC'��T�7� tj• 1 T 01-2051 AND PROVIDING API EFFECTIVE DATE. Section 7.Any person firm tar.TelegraM or corporation who violates, ACCOUNT AMOUNT disobeys,omits, neglects or C I T 5 7 DUE 3 4 • 4 0 refuses to complywi horwho NUMBER resists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (52,000.00) for each offense. PACE 1OF 1 Each day that a violation is permitted toexist shall consi- tute a separate offense. P^ SED AND APPROVED -2ONDREADINGTHIS ith DAY OF SE PTEM- 1992. FIckes, Mayor of Southiake ATTEST: Sandra L.LeGrand, City Secretary .4•Aooroved as to form: I 4ilen Taylor Jr., Attorney ClIY OF SOUTHLAKE ORIGINAL \ 667 N CARROLL AVE 34 . 40PLEASE PAY hi, SOUTHLAKE TX 76092-8898 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 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 CAL RILEY 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 TOTAL RATE AMOUNT INCH/UNE SEP 04 6933424 CL. 358 1X96 L 96 . 40 38. 40 NOTICE OF PUBLIC Sept 4 HEARINGg� Or es TICedpers s1ivet nth toCil P. O . # 480-76 tv Counci I of the Cityll be of South- Ippub(icehearing duringold I g e Rgular City Council meeting e to be held on September b, 1992,at 7:00 .m.,Southla ke City Hall Avn �$outleTxs Purpose of the hearing is to considerthesecondreadingof the following_ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-76 AN ai ORDINANCE AMENDING ORDI- NANCE --- --- ---- -- - NANCE NO. 480 AS AMENDED THE COM- SIGNED REHENSIVE ZONING ITV OF SQ H THE N D SWORN _ FORE M E, THIS THE -D _v- o F S PTEI ER, 1992 '- ITV OF SRUTHLAKE, 8TH )\,, ..s, EXAS GRANTING A ONINGCHANGEONA NOTARY PUB IC ERTAIN TRACT OR TRACTSOFLANDCj� \�j�� SOUTHLAKE CTEXAS MATELYA1�75P3ACRE TARRANT COUNTY, TEXAS TRACT OF LAND OUT T,_ OF THE THOMAS �� MAHAN SURVEY, AB- d1ti ^� � KNOW NA 1049 AND COMMONLY ;���� KNOWN AS LOT 1, ._ _ TER Ca._ o h � �' SON ADDITION AND 'it,...), % ,.I '.% COMMISSION i� MORE FULL`( AND COMPLETELY DE \ JPs ...2-c- • 1 ' SCRIBED IN EXHIBIT . "A"FROM'AG"AGR 1- /0,,......,.F}� ,. CULTURALTO'SF-IA" \ �, Of SINGLE FAMILY-lA, f 1 ��o- '� SUBJECT TO THE SPE CIFIC REQUIRE V MENTSCONTAINEDIN THIS CORR EcORDINANCE;NG THE OF- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT FICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF REMIT TO : 400 W . SEVENTH, FW, TX 76102 NANCEA DETERMIDN- INGTHATTHE PUBLIC AND GENCRAO WEL FARE DEMAND THE I:lL�1�I'� TO: , Xjl(1X1xX((j {X1Fx01-2051 Fbi ZONING CHANGES i Star-Telegram AND AMENDMENTS HEREIN MADE; PRO VIDIN CE SHALL B ACCOUNT CIT57 AMOUNT 38 . 40 DINANCE SHALL BE NUMBER DUE CUMULATIVE OF ALL ORDINANCES. PRO- yN/ ,, VIDINGASEVLRABIL 1 1 ITY CLAUSE PROVID- ING FORA PENALTY PAGE OF FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; ik PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; EFFFD ECTIIVEIDATE A� Section 7.Any person firm or corporation who violates, disobeys, omits, ne9 io comply or refusestttheenrccemenof who of this ordi- nancepshallsbefinednotmore SOUTHLAKE ORIGINAL than Two Thousand Dollars A R R O L L AVE fS2,000.00) for each offense. 3 8• 4 0 EEach day that a violation is PLEASE PAY tormitted, existsense.onstt-KE TX 76092-8898 te a separate offense. THIS AMOUNT IP - Sand SL.LeGrand : SANDRA LEGRAND City Secretary PLEASE WRITE IN AMOUNT ENCLOSED