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480-108CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -108 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 20.0 ACRE TRACT OF LAND OUT OF THE CHRISTOPHER DART SURVEY, ABSTRACT NO. 2003, BEING TRACTS 1A, 1A1, & 1A2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURAL TO 11 SF -1A" SINGLE FAMILY -lA 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 \480.108 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 20.0 acre tract of land out of the Christopher Dart Survey, Abstract No. 2003, being Tracts 1A, 1A1, & 1A2, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF -lA" Single Family-1A Residential. C: \ORD \480.108 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: \ORD \480.108 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. b ,,,, PASSED AND APPROVED on the 1st reading the day of 199f. OR .+ " "1 H14 �0 =V-4-4-A ATTEST: A N APPROVED on the 2nd reading the -4 day of 199f. C .7 ... ......... . ..... • ```` ��` s APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPT EFFEC C: \ORD \480.108 Page 4 YOR ATTEST: A ITY"SECRETARY EXHIBIT "A" Being a tract of land situated in the Heirs of Christopher Dart Survey, Abstract No. 2003, Tarrant County, Texas and being that certain tract conveyed to Jimmy W. Hornick, and wife Barbara J. Hornick by deed recorded in Volume 3112, Page 899, Deed Records, Tarrant County, Texas, and being further described as follows: Beginning at a point, by deed 1074.76 feet north of the Southeast corner of said Heirs of Christopher Dart Survey, said point being in the East line of said Survey; THENCE South 89 degrees 39 minutes West, a distance of 1620.0 feet to a concrete monument for the Southwest corner of this tract; THENCE North, a distance of 542.95 feet to a concrete monument for the Northwest corner of this tract; THENCE East, a distance of 854.25 feet to a point for corner; THENCE South 89 degrees 37 minutes East, a distance of feet to a point on the East line of said Dart Survey for the Northeast corner of this tract; THENCE along the East line of said Survey, South, a distance of 527.84 feet to the POINT OF BEGINNING and containing 20.0 acres of land. C: \ORD \480.108 Page 5 ,_ Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 40 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 : CITY OF SOUTHLAKE TEXAS ORDINANCE aO.480-108 An ordinance amending Ordi- ---- - Hance No. 480, as amended, - r DATE AD INVOICE NO.: the comprehensive zoning or- AD SIZE oTn RATE AMOUNT —_-_L -___. 1_____--.. dlnance of the City of South- INCI-i LINE_ _ lake, inga FEB 18 2624855 Cl_ . 358 change grantintracing 1X60 L 60 • 43 25. 80 change on a certain tract or tractsof IandwithintheCityof Southlake, Texas being ap- f e b 18 proximately a 20.0 acre tract of land out of the Christopher Dart Survey, Abstract No. 2003,being tracts 1A, 1A1 & 1A2,and more fully and com- pletely described in Exhibit A"from"AG'Agricultural to"SF-1A"Single Family-1A Residential sublect to the spe- cific requirements contained in this ordinance;correcting the official zoning map;pre- serving all other portions of the zoning ordinance; deter- mining that the public Inter- est,morals and general wel- fare demand the zoning hereinem d;providingd that this ordinance shall be cumu- lative of all ordinances;pro- viding a severability clause; p rovidingfor a pens ityfor vio- lations hereof; providingg a- ` �/ UBSCRIBED AND PublcaTlonsinpiheioifflclalTNE � D SWORN newspaper;and providing an T I S THE 181 l® A Y ��F FEB. , 1994 effective dte. corpon7.Anwhovilfirmor NOTARY PU:LIC ,-1(2...- `/ • ' corporation who violates,who K� .. -- - �Na�q4 di- sobeys,To omits,neglects wlihtoowho -- ?D... 'Pks4 resiststheenforcementofanyy _: 4 of the provision of this ordl- T A R R A N T C O U N Y, TEXAS Hance shall be fined not more Than Two Thousand Dollars i,f: " (S2,000.00) for each offense. + Each day that a violation is ti,,F;` p`'.r opeermittedtoexistshaliconstl- Tute a separate offense. Passed and approved on sec- ond reading during the City Council meeting held on Feb- ruary 15 1994 Mayor,Gary Fickes Attest: Sandra L. LeGrand, City Secretary At- torney E.as Tayllor.1r TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—tea REMIT TO : 400 W . SEVENTH , FW , TX 76102 Port, tar-TeleF.E.:�,,-•:�:: :. , KXX�XXXXX�*���,0000061-2051 rgam ACCOUNT C I T 5 7 AMOUNT 25. 80 NUMBER DUE I 1 PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE 25. 80 1 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT ATTN: PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T - STATE OF TEXAS 41 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 : OT ICE OF PU1 .CHEAR- ING NOTICE IS HEfi. BY GIV- EN TO ALL INTERESTED DATE AD INVOICE NO. DE dEofstthe CitayvtofeSouthlake, AD SIZE- TOTAL RATE AMOUNT Texas,will beholdln a public— INCH/LINE FEB 04 2617900 'CL • 358 during beheldoFb 1X711L 71 . 43 30. 53 ruary 15, 1994, beginning at f e b 4 7:00 p.m.Theymeetln will be held CitytHalll,"7Cham- bers Carroll Avenue, Southlake, Texas.Theourposeofthepub- llc hearing Is to consider the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-198 An OrdlannceamendIngordl- annce No. 480, as amended, the Comprehensive Zoning Ordinance of the City of South- lake,Texas;Granting a zon- ing change on a certain tract or tracts of land within the Ci- ty of Southlake,Texas being approximately a 20.0 acre tractof IandoutoftheChristo- ipherDart Survey, Abstract — 11A1&A2 alndmo efullyand _ completely described In Ex- - nibit"A"from"AG"Agricul- tuUBSCRIBED--4 D SWORN IIli ntlaisubitstcontal to single family ecIfd in ..HIS THE 6t D Y OF 19 4 this Ordiance;Correcting the NOTARY PUBLIC /�////fin / 0- ///r/FEB. ,• / officialzther map;Preserve `^�✓�' I rQ►;aY•P,-. toning all Ordinance; portions r the L Ing that the public interest, #p r�}morals and general welfare T A R R A N T COUNT , TEXAS Gib demand the zoning changes ri�'•. ` and amendments herein �'it,E`o"4+may au. made;eshalldbecumultatiiveof all Ordinances; Providing a severability clause; Provid- ing for a penalty for violations hereof; Providing a savings clause;Providingfor publica- tion in the official newspaper; And providing an effective ate. Icon 7.Anyperson,formor corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who resists theenforcementof any TEAR ALONG THI: nancf eshallbefinedf notmore TURN THE LOWER PORTION WITH YOUR PAYMENT----„, than Two thousand Dollars 52,000.00) for each offense. Each day that a violation is tr airoarateoffpase°"5" REMIT TO : 400 W . SEVENTH, FW, TX 76102 gas F�E!191i''i(.`: CT �> 1� i X f3lf i� fl�, t ( ..11-2051 1For th tar-Tele r6 �� gam ACCOUNT C 5 7 AMOUNT 3 0. 5 3 NUMBER DUE # 1 1 PAGE OF •d CITY OF SOUTHLAKE S 667 N CARROLL AVE 30 . 53 SOUTHLAKE TX 76092-9595 IPLEASEPAY , THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED