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480-100CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-100 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 8.660 ACRE TRACT OF LAND OUT OF THE JOHN J. FRESHOUR SURVEY, ABSTRACT NO. 521, TRACTS 2 AND 2D, 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 c:\ord\zoning\480.100 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 8.660 acre tract of land out of the John J. Freshour Survey, Abstract No. 521, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. c:\ord\zoning\480.100 From "AG" Agricultural to "SF -1A" Single Family 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 c:\ord\zoning\480.100 effective date violations and whether pending not be affected disposition by of this ordinance; and, as to such accrued all pending litigation, both civil and criminal, in court or not, under such ordinances, same shall by this ordinance but may be prosecuted until final 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 1993. PAS ED D APPROVED on 1st reading the day of .MKYOR ATTEST: t/ ' / CITY SECRETARY the 2nd reading the �� day of OR APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: yl�t (lt, �j l G%y c:\ord\zoning\480.100 ADOPTED: EFFECTIVE: EXHIBIT "A" BSGUaM G at a 5/8 inch iron rad in the Rest line of Pearson Lane and bang by calk 617 varas North and 20.0 feet East of the Southwest; QUM.er of SW J.J. F'reshour Survey N Or 04' 02" E along the East lirw of said Pearson Lane a distance•of ..0 feet to a €ow -4 one inch iron rod; S 8g 25' 43" W a distance of 20.0 feet and being in the centerline of said Parson Gane; N po 04• E along the centerline of said Pearson Gane jai distana. of n.0 feet; 7Hft4M N 89 03' 30" E along the South line of a 16.97 acre tract as conveyed to V.T. Cross by deed recorded on Page 250 of Volume 5893 in the 'eluant County Deed Records a distance of 705.57 feet to a found 1/2 inch iron rod at the Northeast corner of Lot 17, Block 3, VISTA TRAIL ADDITICN, to Tarrant County, Texas according to plat recorded on it Page 250 of Volume 388-95 in the Tarrant County Plat Records; Tfimm S 00 34' 30" E along the Most line of said Block 3 a distance of 294.54 flet to a found 5/8 inch iron rod; s 0 30' 24" E along the West line of said Block 3 a distance of 381.2 feet to a found 1/2 inch iron rod at the Northeast corner of tat 18, WHITENER ADDITICN, an addition to the City of Southlake, Tarrant County, Texas according to plat recorded on Page 24 of Volume 3$8--207 in the Tarrant County Plat Records.; 7Mrs N 860 28' 36" W along the North line of said Lot 18 a i distance of 4307.64 feet to a found one inch steel rod; THENCE N 0 08' 35" W a distance of 195.98 feet to a found 1/2 inch iron rod 7"M= N 860 22' 44" T1 a distance of 385.53 feet place of beginning, containing 8.660 acres or 377,211 square feet of land. c:\ord\zoning\480.100 Fort Worth Star-Telegram GL GJ/ AD INVOICE NO. 2598805 400VV.SEVEN H STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 S STATE OF TEXAS my 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: DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT DEC 26 2598805 CLASS I358 1X66L 66 . 70 46 . 20 1 CITY OF SOUTHLAKE,I TEXAS ORDINANCE NO.480-100 An Ordinance amsendinggOrdl- InanceNo.480,asamendedthe Comcrehc,slve Zoning Ordi- nanceof the Cityof Southiake, Texas; Granting a zoning change on a certain tract or tracts of landwithIn theCltyof Southlake, Texas being ap- proximately a 8.660 acretract of land out of the John J. Freshour Survey, Abstract No.521,Tracts 2 and 2D,and more fully and completelyde- scribed In exhibit A"from "AG" agricultural to "SF- lA'single family residential district subiect to the specific requirements contained In _SLA4"AAA-1\it Illt this Ordinance; Correcting SIGNED the official zoning map;Pre- serving all other portions of the Z ning Ordinance:Deter- minin_,that the public Inter- SCRIBED AND SWOR�fa�emdema�d knee o'er THIS THE 7th DAY OF JAN 1994 f.%...e .1changes ande; amendments at A h�herein made;Providing that'l.0` a this Ordinance shall becumu- Notary Public / 4. •-lative of all Ordinances Pro- viding a severabllity clause; Providing fora penalty for vlolatlonshereof•ProvldlnBa tf••, savingsclause;fsrovldln for ti?�•••.•�i publication In the official � TARRANT COUNTY, TEXAS newspaper;Andprovldingfor,, publication In the official newspaper;And providing an effective date.ppee corpoon 7.ration atl nnwhorviolates,firm or PLEASE PAY THIS ORIGIIsobeys,omits,neglects or re-'RECONCILE WITH MONTHLY STATEMENT. THANK YOU! fuses to comply with or who resists theenforcementof any A.------TEAR AUof the provisions of this ordi-IAND RETURN THE LOWER PORTION WITH YOUR PAYMENT— nance shall be fined not more --- than Two Thousand Dollars (S2,000.00) for each offense. Each day that a violation is permitted toexist shall consti- tute separate APPROVED IN SECOND READING BY PTHE CITY COUNCIL tHIS O� Worth TAR215T DAYOF KES MAYOR M-OF ra BER 1993. REMIT TO: 400 W. SEVENTH ST. • FORT WORTH, TEXAS 76102 I GARY FICKES OF SOUTHLAKE ATTEST: SANDRA L. LE- 2598805 TARP ACCOUNT U D, CITY SECRE- NUMBER C I T 5 7 AMOUNT TAR46 . 20 APPROVED AS TO FORM: E.ALLEN TAYLOR JR.,CI- TY ATTORNEY IF ANY QUESTIONS, PLEASE CALL (817) 390-7501 PAGE 1 OF 1 CITY OF SOUTHLAKE ill 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY ib., 46. 20 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED __.