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480-077CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-77 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 22.27 ACRE TRACT OF LAND OUT OF THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, TRACTS 2F, 2F6, 2F7, 2F8, AND 3B1A, AND MORE COMMONLY KNOWN AS 2930 RIDGECREST DRIVE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-1A" SINGLE FAMILY-lA, RESIDENTIAL, TO "AG" AGRICULTURAL; 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 "SF-1A" Single Family-iA Residential 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: Being approximately a 22.27 acre tract of land out of the R.D. Price Survey, Abstract No. 1207, Tracts 2F, 2F6, 2F7, 2F8, and 3B1A, and more commonly known as 2930 Ridgecrest Drive, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "SF-1A" Single Family iA Residential to "AG" Agricultural 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 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. effect from and after its passage law, and it is so ordained. ~ ~ASS~D AND APPROVED on the /~P,I,~,, L.~ 1992 This ordinance shall be in full force and and publication as required by 1st reading the /~ day of 0%TY SECRETARY ~,. P~SSED AND APPROVED on the 2nd reading the ~ day of ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY A~TOR~N E~Y~'~ ADOPTED: ~~-t ~' ) /~/~ 480 77/ORD/kh Page 5 7 * /_' : OC6Z' Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '" E STATE OF TEXAS runty 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/LINE— _ )CT 09 6953439 ! CL . 358 1X90 L 90 . 40 36 . 00 CITY OF SOUTHLAKE Oct 9 .._. ORDINANCEN0.48p-77 I P . O . # 480-77 N ORDINANCE AMENDING ORDI- AMENDEDOTHEOCOM- P RDIiNANCEEOFO ZONING CITY OF SOUTHLAKE TEXAS GRANTING d ZONING CHANGE ON A CERTAIN TRACT OR WITHIN THEFCITY OF SOUTHLAKE TEXAS - BEING APPROXI- MATELY TRACT OF R.D.NPRICE /� ... it. t SURVEY ABSTRACT 2F06 2I773F8R3811 TRACTS NQ / ' 3BtOWN D AS'C 2930 AND SWORN TO BEFORE ME , D SIGNE RE COMMbNLY THIS: THE 15TH D , tor OCTOBE , 1992 D ECR MORE DRIVE NOTARY PUBLIC 1 D MORE FULLY D COMPLETELY ^c� DESCRIBED IN EX- A --S-S....N.,1„,_,,,\ , 37c...-1*--,--., BISINGLERFAMILY- 1ARESIDENTIAL u TO %P;�y �^��� --mot T , RRANT COUNTY, TEXAS AL SUBJECT TO THE e� �p SPECIFIC REQUIRE- ". '�4';� KATHfRYi J. SPENCER MENTSCONTAINEDIN �' . CORRECOTIINGTHEOF!• S�. �`,�f C(MMISS141�I-aLXPIRES-. FICIAL ZONING MAR; ��9' tP' JANUARY 28, 1995 - PRESERVING ALL i;1;. oF.�= p OTHER PORTIONS OF `,,.., THE ZONING ORDI- 11.16-9, NANCE; DETERMIN- ING THATTHE PUBLIC INTEREST MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND AMENDMENTS TEAR LONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENTHEREIN DTHISOR DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PRO- TIYICLAUSE,.PRovio= REMIT TO : 400 W . SEVENTH, FW, TX 76102 ING FORA ENALTY FHEREOF(PROVIDING AND PINGS CLAUSE: I thStar-TelegramREMIT TO: y�(�C (�QQ7 �[yFQf�Ty �1�( �+Ip1 2051 A SAVINGS INS FOR PUB! I xymo ^ ^ arxvya"^ s „n OF- FICIAL IN THE OF- FICIAL NEWSPAPER,-AN ACCOUNT AMOUNT EFFECTIVE DATE. NUMBER C I T 5 7 DUE 36 . 00 or corporation who v plates disobeys, omits, neglects o. refuses to comp)y with or who 1 resists the enforcment of want); of the provisions of this ordi- PAGE iF lance shall be fined not more ban Two Thousand Dollars ach tl y th00) at a violation i uer alstteepdaratei tsh sti • - 'ASSED AND APPROVED N SECOND R EADINGTH I S HE 6th DAY OFOCTOBER, 992. 'ary Fickes or , 4a of Southlake a _eGrand, p SrToform: CTY OF SOUTHLAKE ORIGINAL t ^ ev ylorJr., ,7 N CARROLL AVE 36 . 00 PLEASE PAY 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 "19—NVOICE/AF FIDAVJ i*y"x INVOICE/AFFI JPNy i ** STATE OF TEXAS inty 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 o Al. RATE AMOUNT INCH/I INE SEP 18 6940782 CL . 358 1X97 L ! 97 . 40 38. 80 1358 Legal Notices Sept 18 NOTICE OF PUBLIC P.O. # 480-77 HEARING NOTICE isherebv iventoall Interested persons hat theCl- ty Council of the City of South- lake Texas,will be holding�1 public hearing during te+ Regular City CouncIl meeting + _..... ...._ tobeheldonOctober6 1992,at 7:00p m. SouthlakeCityHall, 667 North Carroll Avenue, Southlake,Texas. Purpose of the hearing is to consider the second readingof the following ordinan ' CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-77 AN ORDINANCE SIGNED AMENDING ORDI- E AS NDED THEOCOM- `HENSIVEZONING AND SWORN TO -BEFORE ME, THIS THE - - 2 jrb � -- -- R, 1992 )INANCE OF THE NOTARY PUB Y OF SOUTHLAKE, TEXAS' GRANTING A _. ._.,�•-�.,, . ZON 1 NG CHANGE ON A �.r}-�+,_ CERTAIN TRACT OR TRACTS E LAND �„0,.,0•�# TARRANT COUNTY, TEXAS WITHIN THE CITY OF SOUTHLAKE TEXAS o+ +s ✓s.m �✓� BEING AIiPROXI- ,�,�,,;,D.s... 4 SPENCtR MATELY A 22.27 ACRE `Ppv Peh+ �pT1iRiN �• J L l TRACT OF LAND OUT .. +I p OF THE R.D. PRICE �p�pp� np C SURVEY— XJi ABSTRACT •Z �/f� �QIY Itli1JStV 11 LXC�PF ACTS 2F,B1, 3B1AB1C ANDMONLYAS 2930 T DRIVE FULLY AND COMPLETELY DESCRIBED IN SF- — ,y '; HABIT NG FROM"SF- IA" al l 1A, SINGLE FAAATIAL, T- P.G'EAGR GULI'UR T AR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ALL SUBJECT TO THE SPECIFIC REQUIRE- N THISTSORDINIANCE CORRECTING THE OF: REMIT TO : 400 W . SEVENTH, FW, TX 76102 FICIAL ZONING MAP, PRESERVING ALL ft OTHER PORTIONS OF h 4 _,,s THE ZONING ORDI Star-Telegramn�r1iIT 17NANCE DETERMIN-INGTHQTTHE PUBLICINTEREST MORALS AND GENERAL WEL- ACCOUNT AMOUNT FARE DEMAND THE NUMBER C I T 5 7 DUE 38 . 80 ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- _-- DAINANCE SHALL BE CUMULATIVE OF ALL PAGE 10F 1 ORDINANCES PRO- `/IDINGASEVERABIL- Y CLAUSE PROVID- FOR A PENALTY )R VIOLATIONS cREOF; PROVIDING ' A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; i AND PROVIDING AN EFFECTIVE DATE. orScorpora♦ionion 7. ny who violates, d+sobevs,omits, neglects or F S O U T H L A K E ORIGINAL refuses to complvwith or who CARROLL AVE NA resiststheenforcementof any 3 8• 8 0 of the provisions of this or PLEASE PAY , nance shall be fined not more TX 76092-8898 than Two Thousand Dollars A K E THIS AMOUNT (54ch day for each offense.M: SANDY L E G R A N D ch.ecr that a violation Is cere attseeparate offense�nstl- City of Southlake Sandra L.LeGrand City Secretary — PLEASE WRITE IN AMOUNT ENCLOSED