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480-097 OrdinanceCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-97 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 0.959 ACRE TRACT OF A LARGER 1.959 ACRE TRACT OF LAND OUT OF THE 0.7W. KNIGHT SURVEY, ABSTRACT NO. 899, TRACT 2B3C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF -20B" SINGLE FAMILY -20B RESIDENTIAL 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:\ORD\ZONING\480.97 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 0.959 acre tract of a larger 1.959 acre tract of land out of the O.W. Knight Survey, Abstract No. 899, Tract 2B3C, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. C:\ORD\ZONING\480.97 Page 2 From "AG" Agricultural to "SF -20B" Single Family -20B Residential. 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 S. 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 C:\ORD\ZONING\480.97 Page 3 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. P SSED AND APPROVED on the 1st reading the ' day of 1993. /> n ASSED AND APPROVED on the 1993. Nk i •y APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:Lb" lq,lq ADOPTED: LL��y , l7 V EFFECTIVE: ����� "/ P C:\ORD\ZONING\480.97 Page 4 2nd reading the �� day of 49Y -OR ATTEST: /b I" x 4kz-'-d C TY SECRETARY EXHIBIT "A" Proposed Loz 4, O. W. K\IGi-IT No. Sy9 ADDITIO\ Description for a tract of land situated in the O. W. Knight Survey, Abstract 899, County of Tarrant, and being more particularly described as follows: BEGM?v'LVG at a I" iron pin found for the northeast corner of a 5.2 acre tract of land described in a deed to Billy D. Mitchell, et ux, recorded in Volume 4447, Page 731, Deed Records, Tarrant County, Texas, said pin also lying in the west line of Buttercup Road, as described in Volume 5215, Page 817, Deed Records, Tarrant County, Texas; THENCE South 01 degree 27 minutes 00 seconds East a distance of 148.79 feet along the east line of said Mitchell tract and along the west line of Buttercup Road to a 112" iron pin set with cap marked, "AREA SLRYE .TNG"; THENCE North 89 degrees 38 minutes 11 seconds West a distance of 284.14 feet to a 112" icor. pin set with cap marked, "AREA SURVEYIYG" in the east line of a 2:33 acre tract of land described in a deed to Marrior. McCombs, et ux, recorded in Volume 6667, Page 868, Deed Records, Tarrant County. Texas; THENCE North 00 degrees 31 minutes 00 secon s West a distance of 146.62 feet along the east line of said McCombs tract to a 2" fence post; THENCE Vorth 89 degrees 56 minutes 04 seconds East a distance of 281.69 feet to the POINT OF BEGIMNING, said described tra : containing 0.959 of an acre of land. Fort.Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared PENNY GRAY 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 : CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-97 AN ORDINANCE AMEND I'NG ORDINANCE NO. 480,�----- ----AS AMENDED THE COM TOTAL AD INVOICE NO.i DE: DINANCEOFTHECITYOF AD SITE I RATE AMOUNT OCTDATE 22I 2566522 GRANTING ONEA ZONING iNGtitir�E_ S UTHALKE TEXAS CL . 358 N 1X791L 79 • 43 33 . 97 BE SOUTHLAKE, Af P OXIMATELY' OCt 22 LAND WITHIN THE CITY TRACT OR TRACTS OF 1 li, A 0.959 ACRE TRACT OF A LARGER 1.959 ACRE TRACT OF LAND OUT OF THE O.W. KNIGHT SUR- TRACT B2B3C,4AND MORE FULLY AND COMPLETE- , LY DESCRIBED IN EXHIB- IT"A"FROM"AG"AGRI- CULTURAL TO "SF-20B" SINGLE FAMILY-20B RES- IDENTIAL SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE• COR- RECTING THE OFFICIAL INGI ALL 01 HER SPQR- TIONSOFTHE ZONINGOR- DINANCE DETERMINING THAT THEPUBLIC INTER- EST MORALS AND GEN- óBSICIIBED AND SWORN TOMAND WTHEAZONINGHIS THE D OF tiii AL. CHANGES AND AMEND- 2 2 nd OCT . 993 ��►. MENTS HEREIN MADE NOTARY PUBLIC by �" PROVIDING THAT THIS =,�--,-.•• ORDINANCE SHALL BE I Fo. %'4 CUMULATIVE OF ALL OR • - ` �, DINANCE , ROVIDINGA TARRANT 0 Y, TEXAS �'i •; SEVERABIt ITY CLAUSE; .4 ;•''$ I PROVIDING FOR A PEN- „' �= A TY FOR VIOLATIONS etc --- SAVINGS' PROVIDING - �..'- SAVINGS CLAUSE PRO- VIDING FOR PUBLICA- TION IN THE OFFICIAL' NEWSPAPER AND PRO- VIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who resists the enfo rcement of any Qt the provisions of this ordi- nance shall be fined not more TEAR ALONG THIS THE LOWER PORTION WITH YOUR PAYMENT --,4 Each day that a violation Is permitted toexlst shall constl-, PASSED AND APPROVED ON SECOND READING, REMIT TO : 400 W . SEVENTH, FW, TX 76102 DURING THE CITY COUN- hstar. CIL MEETING HELD ON MATYOR GARYFICKES p� O�7V ppt�7 Prwf 0�� ATTEST: SANDRA L. LE- f EiL��T TO: �• R 7C' J"/� DPRIXX X XrRxSPR �P1-2051 GP AND CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY ACCOUNT AMOUNT 2566522 E.ALLEN TAYLOY2 JR I NUMBER (ITS? DUE 33 . 97 PAGE OF 1 S CITY OF SOUTHLAKE 667 N CARROLL AVE - 33. 97 SOUTHLAKE TX 76092-9595 THISAMOUNT PLEASE PAY ► ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort, Worth Star-Telegram • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 411 STATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared PENNY GRAY 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 : NOTICE OF PUBLIC HEAR ING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- . ...-. cil of the City of.Southlake, Texas will be holding a public AD SIZE TOTAL RATE DATE AD INVOICE NO. C hearing during the Regular TOTAL AMOUNT ----- City Council meeting to be held on October 19 1�93,be- OCT 08 2558027 CL . 358 I9g wiglat7:00p.m.`ihemeet- 1X87 L y 87 . 43 37 . 41 n9 wiil be held in the City Hall,667 ncil NorthbCarroll Avrs of e C t 8 nue, Southlake, Texas. The urpose of the public hearing is to consider thefollowingor- dinan CITYce: OTSOUTHLAKE,S ORDINANCE NO.480-97 NORJNO AMEND- ING ORDINANCE N . 480, AS AMENDED THE COM- PREHENSIVE ZONINGOR- DOUTNrLAKE THE TEXAS GRANTING A ZONING; CHANGE ON A CERTAIN TRACT OR TRACTS OF TY II OF SOUTIHLAKEHTEXAS 1 BEING APPROXIMATELY _ \J LARGER 99 TRACT OF LAND OUT OF THE O.W. KNIGHT SUR TRAt ABSTRACT B2B3C RAND NO. lid) _. BS,CRIBED A D SWORN rC�YDESCRIBEDINEXHIB IS THE gt D Y OF IT ^q FROM AG"AGRI-I F OCT , , 9 CULTURAL TO SF-20B" l SINGLE FAMILY-20BRES1- I NOTARY PUBLIC I C / G a.Illi �M4 LINDA K. MH STORDOINANCE' DCAL / / DENTIAL FSUBJECT RTO ..i �!° t ■ COMMCTING THE oF�lc A'RANT COL N TEXAS * •-�f ,s ,.,., iN£ l+V �{W-t`ZONING MAP; PREPROR- '�� �•�-,� t� r ING ALL OTHER «....•tt'd SEPTEMBE. TIONSI OF THE ZODETE R `ta MINING THAT`THE PUB- LIC INTEREST MORALS ANDGENERALWELFARE DEMAND THE ZONING CHANGES AND AMEND- MENTS HEREIN MADE• PROVIDING THAT THIS ORDINANCE SHALL ABE CUMULATIVE OF ALL OR- DINANCES;PROVIDING A SEVERABILITY CLAUSE; -TEAR ALONG THIS PE PROVIDING PEN- ALTY FOR FOR A A iONs RN THE LOWER PORTION WITH YOUR PAYMENT HEREOF; HEREOF; PROVIDING A U SAVINGS PRO- VIDING CI IONIN THOA NEWSPAPER LFFECT° REMIT TO : 400 W. SEVENTH, FW, TX 76102 DATE. - Section 7.Any person,firm or F t Wor thStarT cooeys, rnw ovlolaorwh ' pry,t�X�p,1Q6� l�j�QI�I� CJC�$7i6iD1 2051 corporation neglects or re- or PEMIT TO: 0 R9 /1^) ^^^^^^^ ^n n!l!l fuses to comply with or who resiststheenfons of thtof rd1 2558027 of the provisions of this more AMOUNT Hance shall be fined not NUMBERT C I T 5 7 DUE 37. 41 than Two Thousand Dollars Each 0 day that for.aach v violationy. IS achitte lute al separate offensleOn51I• F City of Southlake,Texas Sandra L.LeGrand City Secretory • CITY OF SOUTHLAKE 667 N CARROLL AVE — PLEASE PAY 37. 41 SOUTHLAKE TX 76092-9595 THIS AMOUNT ► ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED