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480-105CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -105 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 0.92 ACRE TRACT OF LAND OUT OF THE WILLIAM MARTIN SURVEY, ABSTRACT NO. 1068, TRACT 2B5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO "SF - 30 " 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 spaces, and protection of public health by surfacing on all parking C: \ORD \480.105 Page 1 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 0.92 acre tract of land out of the William Martin Survey, Abstract No. 1068, Tract 2B5, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From " AG " Agricultural to "SF -30" Single - Family Residential District. C: \ORD \460.105 Page 2 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 not be affected by this ordinance but may be prosecuted until final c:\oun\aao.ios Page 3 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 11,1/ Aj It AA.A 1994. F PASSED D gr A%% L A ...... Ire '470 1 00 41 on the 1st reading the day of a OR V YOR ATTEST: % A s .......... 4*t APPROVED 1994. �R'�I!TY SECRETARY on the 2nd APPROVED AS TO FORM AND LEGALITY: le�& CITY ATTORNEY DATE ADOPTED: EFFECTIVE: reading the day of —T4AYOR ATTEST: CITY SECRETARY C:\ORD\480.105 Page 4 EXHIBIT "A" Metes and bounds description follows: BEING a portion of the WM. MARTIN SURVEY, Abstract #1068, in the City of Southlake, Tarrant County, Texas, and being that same tract of land conveyed to Donald C. Crawford by deed recorded in Volume 8973, Page 517, Deed Records, Tarrant County, Texas, which is a part of that certain 10.15 acre tract described in partition deed recorded in Volume 4325, Page 659, Deed Records, Tarrant County, Texas, described by metes and bounds as follows; HN GINNING at a 1 12 inch iron pin found at or noar the ccfzWe vi Rar,dol Hill Road, the Southwebt uurzie:r ui said Crawford tract, by dee cal 1 v1.63.5 feet North 68 degrees -53 -wiiTztes East from the -Gouthwe-st corner of said sure- ,-y, said iron bein by d "'73 p 5 fact North 88 degrees -5? min East �. from the Southwest corny of said 10.15 acre tract; THENCE North 00 degrees 21mi nutes -12 seconds West, 202.24 feet to a 1/2 inch iron 0.5 feet West and 0.3 feet North of a stael fence corner; THENCE South 89 deqrees -13 minutes -55 seconds East, generally with a wire fence, 200.27 feet to a point 0.2 feet North of a steel fence post; THENCE South 00 degrees -16 minutes -23 seconds East, 201.02 feet to a 1/2 inch iron at or near the center of Randol Mill Road, in the South Line of said 10.15 acre tract; THENCE South 00 degrees -53 minutes -00 seconds West, with said road, 200.00 feet to the POINT OF BEGINNING and containing 0.9263 acre of land. C: \ORD \480.105 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 firiSTATE OF TEXAS lty 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 PUBLICHEAR- ING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cil of the City of Southlake, Texas,will beholainga public hearing duringthe Regular TOTAL DATAAD VVOICE NG DE•Citycouncilmetin At beheld _ AD SIZE INCH�LINE RATEAMOUNT g on February 1, 1994, begin- .� ...._ Wing at 7:00p.m.The meeting JAN 21 261y530 CL . 358 will beheld in the City Council 1X8L,1L 8 . III -JL • ci 95 Chambers of City Hall, 667 j a n 21 North Carroll Avenue,South- lake. Texas. The ouroose of thepubllchearingIstoconsid- er the following ordinance: :CITY OF SOUTHLAKE, [TEXAS ' ORDIANCE NO.480-105 AMEND- ING ORDINANCE N . 480, AS AMENDED THECOM-' DIRNANCESOFTHEC TYOF OUTHLAKE TEXAS: RANTING A ZONING TLRACTEORNTRACTS OF OFNSOUTH LAK THE H TE CITY BEING APPROXIMATELY A 0.92 ACRE TRACT OF LAND OUT OF THE WIL-' LIAM MARTIN SURVEY, ABSTRACT NO. 1068_ D TRACT 325 AND MORE SBSRIBED AND SWORN TC LYDESCRIBEDINEXHIB- HIS THE DAY OF IT"A"FROM AG AGRI- CULTURAL TO YsR 2I NOTARY PUBLIC ����„ SINGLE FAMILY RESI- DENTIAL I� _4P•pV p�1�t TO DISTRICT SUB- N ;: e i JECT TO THE SPECIFIC %2• ` '4 SUB- , REQUIREMENTS CON- A TEXAS S' �'�= �Q TAINED CT I ARRANT CO TY ' /\.f. THE OFFICIAL ZONING sari;` of�`}_ MAP PRESERVING ALL SEAT OTHER PORTIONSOF THE n..- ZONING ORDINANCELOE- TERMINNG THAT `THE, PUBLIC INTEREST,MOR- ALS AND EMANDRTHE WEL- FARE - ING CHANGES AND AMENDMENTS HEREIN �OEoRDINANCEGSHA THAT L BE CUMULATIVE OF ALL ORDINANCES PROVID- ING A SEVEI2ABILITY TEAR ALONG THIS I ALPENALTY PROVIDING • URN THE LOWER PORTION WITH YOUR PAYMENT TIONS HEREOF PROVID- ING A SAVINGS CLAUSE, PROVIDING FOR PUBLI- CATION EWSPA ER,AND THE PRO- REMIT TO: 400 W. SEVENTH , FW, TX 76102 IAL NEWSPAPERS AND PRO- VIDING AN EFFECTIVE DATE. Section7.Any person,firm or �tpX�gpl��n rV�V�plwrV�7IV 7tlSVl For t Worth Star corporation who violates,di- R R/Cll /C 7CT X X7l/�/�7�A 7C/C 7�Y�' %C/C sobers,omits,neglects or re- Mir T�/: �11-2051 fuses to comply withf who resists theenforcementofany 2611530 of the provisions of this ordl- in nance shall be fined not more ACCOUNT AMOUNT 36. 98 than( Two Thousand Dollars NUMBER C I T S 7 Eachdaylthat each offense. s — - permitted l:epatfn onstl- to asarte offense. City of Southlake,Texas Sandra L.LeGrand City Secretary S CITY OF SOUTHLAKE 667 N CARROLL AVE 36. 98 SOUTHLAKE TX 76092-9595 SE PAY ii, THISPLEAAMOUNT 11 ATTN: - PLEASE WRITE IN AMOUNT ENCLOSED —. fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS IIImy 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 LAD INVOICE NO.1 DESCRIPTION AD SI2E AMOUNT FEB 04 2617896 CL . 358 1X631L 63 . 43 27.09 f e b 4 CI XYASOF SOUTHLAKE, TE ORDINANCE NO.480-105 1 An Ordinance amendingOrdi- ' nancg No. 480, as amended, the Comprehensive Zoning Ordinanceof the Cityof South- - - lake,Texas;Granting a zon- ing change on a certain tract or tracts of land within the Cl- , I ty of Southlake,Texas being approximately a 0.9263 acre Iractof landoutof the William Martin Survey Abstract No. 1068,Track 2B6 andmoreful- dyyandcompletelydescribed in Exhibit"A"from"AG"Agri- ---- cultural to "SF-30" single- family residential district sublecttothe specific require- ' ments contained in this ordi- lance;Correcting the official zoning map; Preserving all other portions of the Zoning Ordinance;Determining that N E 1 4110 the public interest, morals 41 UBSCRIBED AND SWORN ,...q, the zzo ningwcangesm ad a ding s herein made; Providing uthat Ordinance be cumulative lO o ?T P�' bltcaesdeifora T IS T H E 4 e' t A NOTARY PU' LIC • F FEB. , 94 (• bey llysu Provdng r: 4 OenaltY for violations hereof; T A R R A N T COL T Y, TEXAS P•6-l Providing for savings 4ri;•�'. ^� 'providing official newspaper; And fart; 'Section7.Anypffeerson,fire amor corporation who violates,di- sobees,omits,neglects or re- Fuses to comply with or who resists theenforcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (52,000.00) for each offense. Each day that a violation Is rmitteepdtoexist shall consti- PASSED AND APPROVED TEAR ALONG TITHEECITNY°OUNNCILGtHiS RETURN THE LOWER PORTION WITH YOUR PAYMENT - THE 1ST DAY OF FEBRU- AR Y 1994. GARY FICK ES,MAYOR OF SOUTHLAKE ATTEST: SANDRA I. LE- REMIT TO : 400 W . SEVENTH , FW , TX 76102 GRAND, CITY SECRE- TARY APPROVED AS TO FORM: ['ortp6rth Sta1-iieyiam WAYNE K OLSON, CITY ATTOR NEY ' 0:ACCOUNT AMOUNT NUMBER CIT57 DUE 27. 09 1 1 PAGE OF CITY OF SOUTHLAKE el 667 N CARROLL AVE 27. 09 SOUTHLAKE TX 76092-9595 IPLEASEPAY THIS AMOUNT1 ATTN : PLEASE WRITE IN AMOUNT ENCLOSED