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480-086CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-86 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 2.85 ACRE TRACT OF LAND OUT OF THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS A AND Al OF THE BURGER ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-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 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 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 C:CD\ORD\480.86 Page 1 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 2.85 acre tract of land out of the Thomas M. Hood Survey, Abstract No. 706, Tracts A and Al of the Burger Addition, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF -1A" Single Family C:CD\ORD\480.86 Page 2 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. 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, C:CD\ORD\480.86 Page 3 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 law, and it is PASSED AND PASSED AND This ordinance shall be in full force and after its passage and publication as required by D ordained. APPROVED on the 1993. 1st reading the �_ day of OR ATTEST: TY SECRETARY APPROVED on the 2nd reading the 1993. OR APPROVED AS TO FORM AND LEGALITY: �r CITY ATTORNEY DATE: % C* ADOPTED: EFFECTIVE: C:CD\ORD\480.86 :cn Page 4 1st reading the �_ day of OR ATTEST: TY SECRETARY APPROVED on the 2nd reading the 1993. OR APPROVED AS TO FORM AND LEGALITY: �r CITY ATTORNEY DATE: v -U/ z 7 ADOPTED: EFFECTIVE: C:CD\ORD\480.86 Page 4 ATTEST: —Z� day of hAi� �Ud4� ITY SECRETARY T H 1 A ✓� " iso 200 200 I , TR : 3 EXHIBITkL 54.9 �+ R2 R1 _.." ��REE7 Sf3 O 200- 200 � Ata R5 ass R7 .{ R8 g— "AG" r` TR 18 ass iso ISO I 2.3 AC $ ILK STOCKING CIR li TB -ac H. Taylor G i0 M. Hatcher TR. 30 TR 30 4.0 AC $ 12 I D. Mohan "SF -1" I s>= too mo zoo A A R "AG" TR TR 3H 3.85 AC TR. 3C 8.79@ A3 • J. Burger TR TA 7"AG" 520 A. Janes D. Weeks ,I TR 3 3.66 AC "AG" TR. 3D 10.042 @ L TR 3B TR . 3B i $ TA 3E $ 409 322 1.07 Ac 2.92 AC 6 'S W "AG" ADJACENT OWNERS7 ZONING. 255 2°2 ->' p I IH.382 2. 1 AC TR 3F Cross Timber Hills 3 W 3.9 AC �. "SF -1" 8 302 I a v sza 8C'- 3 s TR 1106 ;ill"a11•1•VAIto] 00Jir11: 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 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 INCIVUNE RATE AMOUNT JUN 18 2488032 CL . 358 1X65 L 65 . 43 27 . 95 CITY OF OU SHLAKE, June 18 ORDINN�NCCE•AO•No.48086 P . O . # ORDINANCE480-86 An ordinance amending ordl- nance No. 480 as amended, the cno4meprehens vezonlflgor- lake Te of!,gamingp zoni of p change on a certain tract or tracts of landwithintheCityof Southlake, Tea bein aD- prCxlmately ate. acre ram ►O�.{f peodn SuurveY Absthoma t N . 706, tracts A�and Al of the urggyer Additionp,, and more scribed Ia�n eecxxuhibitl"A"frdoe� 1A lgingle'FamillayYl Reesiden- tial D ling sublect to fhe sae cific�r�equlirements contained Ithe officialinzzappnnni g mrr ore- S I G N E T errignirving alar angtecr'4tei ND SWORN TO BEFORE ME , T IS THE DAY OF ling that the public Inyteqr- demandhheazoning NOTARY PUBLIC nges and amendments eln made;providing trial raaidls ordinanceshnnallbecumu- TARRANT COUNTY , TEXAS ividing a sevaraiAntyoe4seUSreo- Drcvldingforapenalty vio- at s hereof providing a savings clause;providing for publication inthpoffical news_ pa� andorovldinganeHac SECTION 7 Any pern firm�n or rppoora- tion whirviolates, disobeys, omits neglects or refYses to como(ywithorwhores ststhe enforcement of any of the ro- visions of this ordinance theft-et be fined np_t more Ri T Thousand Dollsarrs e[[aaisavrhbliatoHlor�ilsAer Leda-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----,„ �P�assed and apptrovv�ed�ply}fpp� City Council tithe 1eth day W ��net s REMIT TO: 400 W . SEVENTH , FW, TX 76102 roG y FI aes gg �y gpl�l t y y� �7y q �/1 Sandrtl nandTO:F'c Apor vad as to faarrm:h �a A;oStar-Telegram ACCOUNT AMOUNT C'TODUJI. NUMBER CIT57 DUE 27 . 95 PAGE DF 1 CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE 27 . 95 PLEASE PAY SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : FAX 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 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 1 AD INVOICE NO. DESCRIPTION AD SIZE ' ' = RA I F AMOUNT JUN 04 2477486 CL . 358 1 1X82 L 82 . 43 35. 26 NOTICE OF P Buc June 4 HEARIN P • 0 . # 480-86 NOTICE IS HER BY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public hearing during44 the R Regular City in tthheCit Council hambe -- bers of City Mall,667 North Carroll Avenue, Southlake, Texas.Thepurposeofthepub- lic hearing Is to consider the following ordinance: - — - - CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480- AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THE LOM- f L e?-4-4-4-41-e--e, ../4PREHNSIvE CITY Op$$E GRANTING d AND ' ""-ORD fti. GRACHANGE NANCE OF d SWORN TO BEFORE ME , T IS THE 16TH DAY OF JUNE, 19 2TAIN TRACT OR NOTARY PUBLIC_ 4CTS OF LAND HIN THE CITY OF nC.- _- .. ......... - _................_. BEING KAPPROX 5 MATELY A 2.85 ACRE TARRANT COLNTY, TEXAS TRACT OF LAND OUT OF THE THOMAS M. NNAHtiOiwEi•P .v.:.ry HOOD SURVEY, AB- STRACT NO. 706 -. P✓B1r TRACTS A AND Al DOF I- a 4 KATHRYN J. . CER i THE BURGER ADDI- S� jpp TION AND MOR E FUL- ��'• COMMISSION DARES LYAND OMPLETELY 4 DESCRIBED IN EX- ++ HIBIT"A"FROM"AG" 9i _ )ANUAP�Y Z8, 1��5 AGRICULTURAL TO mac.. __.__.- ...............___ SF-lA"SINGLE FAMI- �c.c, 4. =�yoow°y^ -a-e�-it.,c-^.-'- TRICTSSUBJECTDTO THE SPECIFIC RE- QUIREMENTS CON- TAINED coRRIEc°TDI- ING -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT THE CH-FICIA.L ZON- IN MAP- PkESERV- IN ALL OTHER POR- T] NS OF THE ZONING ORDINANCE DETER- REMIT TO: 400 W . SEVENTH, FW , TX 76102 PUBLI INTEREST MORAL AND AND GENER- T AL WELFARE Dt- Ih Star-Telegram REMITTO- In AMENDMENTS HEREIN MADE; PRO V I D I NG THAT TH IS OR- ACCOUNT AMOUNT DI NANCE SHALL BE NUMBER (ITS? DUE 35. 26 CUMULATIVE OF ALL ,,, •' ORDINANCES PRO VIDINGA$EVERABIL r S5 ITY CLAUSE{.,PROVID 11 1 ING FORA PENALTY PAGE 4' FOR VIOLATIONS �';..r ', HEREOF; PROVIDING A SAVINGS CLAUSE; ;{tls�" PROVIDING FOR PUB• LICATION IN THE OF- FICIAL NEWSPAPER. AND PROVIDING AN city of Southlake,Texas CeGrand itydSecretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE PLEASE PAY 35. 26 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED