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480-102CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -102 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 5.00 ACRE TRACT OF LAND OUT OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING A PORTION OF TRACT 3A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "RE" RESIDENTIAL ESTATES 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: \ord \zoning \480.102 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 5.00 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, and more fully and completely described in Exhibit " A, " attached hereto and incorporated herein. From "AG" Agricultural to "RE" Residential Estates District. c: \ord \zoning \480.102 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, whether pending in court or not, under such ordinances, same shall c: \ord \zoning \480.102 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 lst reading the � day of 1993. C;z . 7 .,, y.. YOR ATTEST � co d C „�� *' * `��.�`� JTY PASSED D APPROVED on the 2nd reading the day of 1994. , %``,•`SOS ;�- YOR c., Z ATTEST: TY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY •.. EFFECT c: \ord \zoning \480.102 EXHIBIT "A" c: \ord \zoning \480.102 EXHIBIT 11 L-1 " 12 -13 -93 TRACT OF LAND IN THE W. R. EAVES SURVEY, A -500 TARRANT COUNTY, TEXAS The following described tract or parcel of land situated in the W.R. Eaves Survey, A -500, Tarrant County, Texas and being a portion of a 16.66 acre tract as recorded on Page 2398 of Volume 8759 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING in the proposed West right -of -way line of Peytonville Road and being N 39 57' W a distance of 35.0 feet and N 0 31' 50" W a distance of 100.1 feet from the Southeast corner of said W.R. Eaves Survey; THENCE S 89 27' 31" W a distance of 628.6 feet; THENCE N 0 31' 50" W a distance of 346.49 feet and being in the South line of a 6.34 acre tract as conveyed to Carl August Kirby on August 9, 1993; THENCE N 89 27' 31" E a distance of 628.6 feet and being in said the proposed West right -of -way line of Peytonville Road; THENCE S 0 31' 50" E along the proposed West right -of -way line of said Peytonville Road a distance of 346.49 feet to place of beginning, containing a net acreage of 5.00 acres or 217,801 square feet of land. c: \ord \zoning \480.102 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 : DATE AD INVOICE NO DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT JAN 07 2603422 CL . 358 1X80 L 80 . 46 36. 80 jan7 P . O . # 480-102 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-102 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THECOM- PREHENSIVELONINGOR- DINANCEOFTHECITYOF SOUTHLAKGRANTING ZONIN EA su CHANGE ON A CERTA .J TRACT OR TRACTS Cri. LAND WITHIN THE CITY OF SOUTHLAKE. TEXASI I BEING OUTAPPROXIMATELYHW.R.A 5.00 ACRE TRACT OF LAND OUT OF THE .R. EAVES SURVEY AB- STRACT NO.500 BEING A 4E PORTION OF TRACT 3A1 .UBSCIBED AO SWORN 'CAND OMPLETELY "D""� THIS THE 7th DrY OF AN. , 19 4 SCRIBED IN EXHIUBIT NOTARY PUBLIC"A"FROM ESTAT S DIS- '� �/ TURAL DSS- L a' c4,,„ TRICT SUBJECT TO THE �?' r,i SPECIFIC REQUIRE4,P •0 MENTS CONTAINED IN TARRANT COU Y, TEXAS �•:- • ,,,, THIS ORDINANCE COR- V+• RECTING THE OFFICIAL 'q`i'••. f,+% ZONING MAP' PRESERV- 4,, ING ALL OTHER POR- TIONSOF THE ZONINGOR- DINANCE:DETERMINING THATTHE'PUBLIC INTER- EST MORALS AND GEN- ERAL WELFARE DE- MAND THE ZONING CHANGES AND AMEND- MENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES'PROVIDING A TEAR ALONG TF PROVIDING ABILITY CLAUSE; RETURN THE LOWER PORTION WITH YOUR PAYMENT-may ALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS SLAUSE PRO- VIDINGFOR PUBLICA- TION A- TIONREMIT TO : 400 W . SEVENTH , FW, TX 76102 IN THE OFFICIAL NEWSPAPER AND PRO- VIDING AN EFFECTIVE ---------- --- DATE. Fort Worth e- Section?.hype rson,firmorPEWT TC:corporation who violtes,di sobers,omits,neglects or ho fuses to comply with or who 2603422 of threse provisions of this any ACCOUNT the provisions of this ordi- nance A DUENT 36 . 80 shall be fined not more NUMBER C I T 5 7 than Two Thousand Dollars (S2,000.00) for each offense. -Each day that a violation is permittedtoexistshallconsti- 1 tote a separate offense. IN SECODND RADIG,APPROVED THE CITY COUNCIL,READING, THE 4TH DAY OF JANU- AR Y 1994. GARY FICKES MAYOR OF SOUTHLAKE ATTEST: SANDRA L.LEGRAND CITY SECRETARY APPROVED AS TO FORM: WAYNE K.OLSON CITY ATTORNEY 1111 CITY OF SOUTHLAKE 667 N CARROLL AVE 36.80 SOUTHLAKE TX 76092-9595 PLEASE PAY bk. THISAMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED tort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS ty of Tarrant efore me , a Notary Public in and for said County and State , this day 40 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 HEARING i TOTAL DATE AD INVOICE NO. I�r c gi rGIV- AD SIZE NCH/LINERATE AMOUNT PERSONS havytfhECounDDEC 26 2598816 CL . 358 lexes welbeholdafhIake 1X78 L 78 . 70 54 .60 Dec • 26 CltyrlCouncil nmee ilnRReeto Ibe helddon January 4 1994,be11g@lIln9-- wi l l be hed In the Cit Counci l Chambers of City Hall, 667 NSouth- lake, Trth exas.Carroll ouepose of thepublic hearing is toconsid- er the following ordinance: CITY OF SOUTHLAKE, ORDINANCE NO.480-102 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCE OF THE CITY OF SOUTHLAKE TEXAS- RANTING A ZONING`HANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY ,NE F SOUTHLAKE TEXAS SUBSCRIBED AND SWORN AEIN ACREOTRACTEOF T IS THE 27th ;,L;6___ C. , 199 LAND OUT OF THE W.R. ID EAVES SURVEY AB- NOTARY PUBLIC STRACT NO. 500 BEING A ,,�V Pe4 ANDTMOREFFUkLLYTAND COMPLETELY SCRIBE? IEX DE- TARRANT COUNT , TEXAS Nr`', •, FROM'AG'E AGRIC L- TURAL TO "RE' RESI- Sg%•. \ .Pi DENTIAL ESTATES DI ,,9y�o...s'+� SPECIFSIC SUBJECT MENT CONTAINED INTHISORDI- NANCE• CORRECTING THE OFFICIAL ZONIN MARL PRESERVING ALL ZONING PORTIONSOFTHE ERIMINIIORDINANCE;A DE- 1E PUBLIC INTEREST, WEL- FARE DEMAND THE ZON- ING CHANGES AND AMETEAR ALONG nMAADDE- PROVIDI HEREIN D RETURN THE LOWER PORTION WITH YOUR PAYMENT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES• PROVID- ING A SEVER;PROVI PROVIDING OR REMIT TO : 400 W . SEVENTH, FW, TX 76102 CLAUSE; YOFOR VIOLA- TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- OFFICIAL XXX3XXXX X X *XX6X01-2051 Fort5qrth CATION IN THE OFFICIAL ith:Il'I'NEWSPAPER AND PRO- am VIDING AN (E OFFI IVE 1 CIty of Southlake Texas NUMBERACCOUNT C I T 5 7 AMOUNT 54 . 60 /s/Sandra L.LeOrand CIty Secretary 1 1 PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE PLEASE PAY 54 . 60 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED