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480-082CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-82 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 31.357i ACRE TRACT OF LAND OUT OF THE PRICE SURVEY, ABSTRAG~ii~i!~0i!~iilii!!Q03D TRACT 1 AND THEi THROO~ i!ii sURVEy, i ABSTRA~ii!i NQ ~i!ili!! i2!~13 D ?i iTRAcTii!ii 1, FULLY AND COMp~ETEL~ ~E~BED ~iN E~BiT "k" FROM AGRICULTURALii?iiiiiiiDISTRiCT TO RES DEN A S C S:UB ECT TO S E¢IFiC 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'.iii!iii~iAg~iiC~li~urlal under the City's Comprehensive Zoning Ordinance; a~d 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 pr0d~cing 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 a~ended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 31.357 acre tract of land out of the R.D.~Price Survey,~iAbstract!~iNo. ~IO03-D, Tract ~iand~ mOre fUlly and ~'~e~ ~d:~C~ibed in EXhibi~ "A," attached hereto and incorporated herein. From ,,AG,,Agricultura~!!iDiS~rict to ~SF-1A" Single iA 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 lan~ 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. 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 of , 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1993. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: foTt Worth Star-Telegram . 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 HE STATE OF TEXAS ounty 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE ' RATE AMOUNT FEB 1° 7020314 . CL . 358 1X89 L 89 3. 81 339 . 09 CITY OF Feb 19 ORDINANCE NO.48082 P . O . # 480-82 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS REHDN OGPESIIVE ZOTHE NING ORDINANCE OF THE CITY OF SOUTHLAKE, I TEXAS. GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF EIN LARXBG APPOI- MATELY A 31.357 AC R E TRACT OF LAND OUT OF THE R.D. PR ICE - - - - - - - - SURVEY, ABSTRACT N0.100H.A. TC IAND ROOP ' n H.A. THROOP 44�C—G_y 2VEY ABSTRCT SIGNED -C-F� 1273d TRACT 1 yi.X D MORE FULLY AVD SWORN TO BEFORE ME, THIS THE 22ND DA OF D COMPLETELY UARY, 1993 HIBIT"A"FR IN OM"AG" NOTARY PU C AGRICULTURAL DIS- TRICT TO"SF-1A"SIN- GLE FAMILY-lA RESI- DENTIAL DISTRICT TARRANT C , XAS SUBJECT TO THE SPE- CIFIC RMENCONEQUIRE- b ",, THIS ORDINAEDIN THIS ORDINANCE; CORRECTING THE OF- ,�a�`pU�t 1��•f�p�/ FICIAL ZONING MAP; - - - -rO.�P• `"� _KRiT R N-J.SPENCER PRESERVING ALL OTHER PORTIONS OF rti COMMISSIQM EXPIRES THE ZONING OR DI- , 1 NANCE; DETERMIN- INGTHAT THE PUBLIC -- -- ��4 - \ ��^ -�i•\}�V 'Y-w� -- INTEREST MORALS d r' .•••••-•s'L� AND GENERAL WEL- FARE DEMAND THE ALL) irax4.,..w—'�'R ZONING CHANGES ut AND AMENDMENTS HEREIN MADE; PRO - VII I NTH TTHIS R- —TEAR AL•' G THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT DBE CUMULATIVE OF ALL ORDINANCES PRO- VIDING ASEVERABIL- ITY ING FOR A PENALTY REMIT TO : 400 W . SEVENTH , FW , TX 76102 FOR VIOLATIONS HEREOF; PROVIDING \ A SAVINGS CLAUSE; PROVIDING FOR PUB- REMIT TO :. 2051 FICIAL`PRNEWSPAPER; V DS GAB- rhStar-Telegram �� R X ` EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person firm NUMBER C I T 5 7 DUE 339 . 09 or corporation who violates, disobeys,omits,ne9lets or re- fuses to comply with or who resists the enforcement of any of the provisions of this ordi- . 1 nance shall be fined not more PAGE dF than Two Thousand Dollars t52,000.00) for each offense. EEach day that a violation Is permitted toexi st shall consti- tute a separate offense. PASSED AND APPROVED IN SECOND READINGTHIS THE 16th day of February, 1993. Gary Flckes, Mayor of Southlake ST: a L.LeGrand, ecretaryy n d Taylor, Jr., asform:. e I OF SOUTHLAKE ORIGINA t ttornev \ stir N CARROLL AVE 339 . 09 lib SOUTHLAKE TX 76092-8898 THISAAMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tort Worth Star=lelegram 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 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 : DATE AD INVOICE NO 1 DESCRIP-110N S1 L) 7 .;r. AMOUNT FEB 05 7012041 CL . 358 1X97 L 97 . 43 41 . 71 NOTICE OF Feb 5 N Ti E UBL slherebyggiventoall P . O . # 4 8 0-8 2 Ir,F re•tedpersonsthattheCi- ty Euunci l of the City of South- lake,Texas,will be holdinga public Clay Cou during ill meeet� gg to be held on February 16, 1993,at 7:00 p.m., Southiake City Hall 667 North Carroll Avenue,�outhlake,Texas. ' Purpose of the hearing Is to , considerthe second readingof the follow 2ClTY OFance: SOUTHLAKE TEXAS ORDINANCE NO.480-82 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS � ^MENDED THE NON- SIGNED G N E D REHENSI�/ _� E ZONING ,TYOFRDINA CE OH THE ,ND SWORN TO BEFORE ME , THIS THE 1 AY OF XAOSFGRANTING A THFE3RUARY, 1993 )NING CHANGE ONA NOTARY PU LIC CERTAIN TRACT OR WITHIINSTHEFCITY OF �`�� SOUTHLAKE TEXAS � .'� \ ��� BEING ARPROXI- MATELYA31.3S7ACRE .tv�.++�r��o '°'®" TARRANT COLNTY, TEXAS TRACT OF LAND OUT —`",� OF THE R.D. PRICE "" "�,,, KATHRYN I. SPENCER + SURVEY, ABSTRACT .1►.......'e.i %O` NO.1003D,TRACTIAND %?' ;'' CON MISSION EXPIRES THE R.A. THROOP 'j, SURVEY ABSTRACT +j,r;:, i�+: NO. 1273b TRACT 1 ���� +PS IAVUARY 28, 1995 AND MORE FULLY + �r� + AND COMPLETELY DESCRIBED IN EX- H I B I T"A"FROM"AG" AGRICULTURAL R CTTS FI IT O -11A"SIN- GLE FAMILY-1A RESI- DENTIAL DISTRICT SUBJECT TO THE SPE- MENCSCONTEQUIRRE- -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT T IN THIS ORDINANCE; CORRECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF REMIT TO : 400 W . SEVENTH, FW, TX 76102 THE ZONING ORDI- NANCE DETERMIN- INGTHATTHE PUBLIC INTEREST MORALS REMIT TO: ►• (} 1 j�j �j1�fQ��{. F�C 7 t 1-2051 OAND GENERAL WEL- /1 �11� /1/�/l/l/l /1Q /Q FARE DEMAND THE AND NAMfNDMENTS iStarTelegrain HEREIN MADE; PRO- NUMBER C I T 5 7 AMOUNT DUE"T 41 . 71 DINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PRO- VIDING A SEVERABIL- 1 ITY CLAUSE(�,PROVID- PAGE )F ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER. AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person firm or(oobbreys, omits,negliects iateor fuses to comply with or who sists theenforcement of any>F SOUTHLAKE U T H L A K E the provisions of this ordi- ORIGINAL nce shall finec not more C A R R O L L AVE E 41 . 71 ,nan Two Thousande Dollars PLEASE PAY(52,000.00) for each offense. pEeach day that a violation Is THIS AMOUNT , ipetut attsedtoeeoffhall onstl- _AKE TX 76092-8898 City of Southlake 7N : SANDY LEGRAND ,Sandra L.LeGrand City Secretary PLEASE WRITE IN AMOUNT ENCLOSED