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480-111CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -111 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 6.0 ACRE TRACT OF LAND OUT OF THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916, TRACT 4, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11 SF -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 ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking C: \ORD \ZONING \480.111 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 6.0 acre tract of land out of the M. Mahaffey Survey, Abstract No. 916, Tract 4, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF -1A" Single Family Residential District. C: \ORD \ZONING \480.111 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 \ZONING \480.111 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 on the 1st reading the day of 1994. ---7 •` E` � YOR •` �c ATTEST: *•. *a ♦ ITY SECRETARY PA SED AND APPROVED on 1994 ♦�`��� T H ' A r� :b �• y the 2nd reading the / day of ZM� YOR ATTEST: - hu�xyn�� ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: k- CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C: \ORD \ZONING \480.111 Page 4 EXHIBIT " A " Commence at the Northeast corner of said 58.078 acre tract in'Bob Jones Road at the Northwest corner of a called 3.159 acre tract described in a deed of record in Volume 659, Page 484, Deed Records, Denton County, Texas, thence West 218.35 feet along Bob Jones Road to a nail set-in-same for the Northeast corner and POINT OF BEGINNING of the herein described tract and from which said point a 5/8" iron found at the Southeast corner of Lot 1, Indian Creek Addition as shown on a plat Of record in Cabinet D, Slide 198, Plat Records, Denton County, Texas, bears N. 31 - 24' - 43" W. 36.84 feet; THENCE S. 0 - 33' - 03" E. 998.77 feet to a k" iron set for corner; MIEN_CE S. 89 - 22' - 02" W. 261.31 feet along the Northerly line of West Beach Addition as shown on a plat of record in Volume 395, Page 597, Deed Records, Denton County, Texas, to a h" iron set in same for the Southwest corner of the herein described tract; THENCE N. 0 - 33' - 03" W. 1001.66 feet to a nail set for the North- west corner of the herein described tract in Bob Jones Road in the North line of the called 58.078 acre tract, above referenced; THENCE East 261.32 feet along the North line of the last referenced tract in Bob Jones Road to the POINT OF BEGINNING and containing 6.00 acres. C: \ORD \ZONING \480.111 Page 5 Fort Worth Star-Telegram 40d W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T E STATE OF TEXAS 411 my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M RIVERA 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 - --_---__._ _....--._. _ MAR 04 2632467 CL . 358 CITY OF 1X58 L 58 SOU 1HLAKE TEXAS . 46 26 . 68 mar 4 ORDINANCE NO.480-111 An ordinance amending Ordi- nance No. 480, as amended,_. -.___-_____.. the Comprehensive Zoning Ordinanceof theCityof South- lake,Texas,gr antinga zoning change on a certain tract 01 tractsof iandwithintheCitvof Southiake, Texas being ap- proximate)y a6.0tractorlanc out of M.Mahaff rev Survey, Abstract No.916,Tract 4 and more fully and completely de- scribed ------------ In Exhibit"A"from "AGAgricultural to "SF- IA" Sirgie Family Residen- tial District sub sect to the spe- cific requirements contained - -- -� • In this ordinance;correcting the official zoning map per- ' serving all other portions of the zoning ordinance;deter- / +7� mining That the public Inter- V!`. est,morals and general wel- fare demand the zoning V E 77) /faA.H.-Ac,(_, I changes and amendments SUBSCRIBED A i—SWORN =itY o°��lalatonsntereof T�IIS THE 7th D OF MARCH, 1994 S providingrr f -esavings clause; providing for clause; In NOTARY PUBLIC �� the offical newspaper• and , 4a,�,p+y a+sti pproviding an eo viola Date. (Y)/t, o ';'e I Section 7.Anv restg7 irm or ( J t. %rtcorporationw,oviolates,di- TARRANT COUNTY TEXAS '•f''1 sobeys,omits,neglects or re- , •1 '•• fuses to comply with or who 1`v "s,resiststheenforcementofany - �ry`f••••�•1k•+I of sprovisionl inedtnot r ore �w = than Two Thousand Dollars (12,000.00) for each offense. each day that a violation is permitted toexist shall consti• lute a separate offense. Passed and approved in sec- ond reading,by the City Coun- cil this the 1st day of March 1994. Gary Fickes, 4 r Attesh Sanf dra L LeGrand, City Secretary — TEAR ALONG Tl o As RETURN THE LOWER PORTION WITH YOUR PAYMENT—, Wayne K.Olson, City Attorney REMIT TO : 400 W . SEVENTH, FW, TX 76102 L iter 1• i o: o X.X. XKXlX1XXXfX'X*X-XiXIXX5XXXi I-2051\ Fort 6 �thStar-Tel e ra m COUNT CIT57 AMOUNT NUMBER DUE 26. 68 7' PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE 1 SOUTHLAKE TX 76092-9595 PLEASE PAY ATTN: SANDRA LE GRAND THIS AMOUNT 26. 68 PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 t iiii 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 RATE AMOUNT INCH/LINE FEB 18 2624837 CL . 358 NOTICE OF 1X 58L 58 • 43 24 . 94 feb 18 NOTICE ISCHEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular City ono March meeting1. begiibe n- wilbegin- ning inthe City4Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of the public hearing Is toconsld- er the following ordinance: SOUTHLAKE,TEXAS An ORDINANCErac mendingOrdl- nance No. 480, as amended, the comprehensive zoning or- dinance of the City of South- lake,Texas;granting -NED change on a certain tract orb ranting a zoning tractsof IandwlthintheCltyof Southlake, Texas being ap- UBS'CRIBED AND SWORN s( Panodxlo ate ta60 cr haffey I T'�IS THE 11�`Qg( hh D� Y OF ,IFEB 994 Survey, Abstract No. 916 NOTARY PULIC /� Tract 4 and more fully and complete) described in Ex- hibit"A"from"AG'AB ricul- )Ada,_ �' IyResldentlalDlstrldsubl�'t f'�p`P�e!' . - RANT COL Y, TEXAS to the specific requirements 0A if, LINDA K. BLEVINS contained In this ordinance; f,l �►�; correcting the offical zoning #,*;.��.7"f COMMISSION EXPIRES map;perserving ailotherpor- ��:- tdetermin the ordinance;hbllc ,�ee"••-'t �+ SEPTEMBER 13, 1997 terests, morals and general I hh w welfare demadnd that zoning herreinmade;providing that this ordinance shall be cumu- lative of all ordinances;pro- viding a severability clause; vio- lations herrefor of; providingpena a savings clause;providing for TEAR ALONG •publIpaper andInthe providing an RETURN THE LOWER PORTION WITH YOUR PAYMENT�„y effective date. City of Southlake,Texas City Secretaey rand REMIT TO : 400 W . SEVENTH , FW , TX ?6102 EEM41,—; ' 004****XX X1 XX[ 07 �1 2051rortwprithStar-Telegram ACCOUNT NUMBER C I T 5 7 AMOUNT DUE 24 . 94 1.1 141/4 , - ,,',z.,, ,7'' ',',,, 1 1 - - -- PAGE OF //// CITY OF SOUTHLAKE S 667 N CARROLL AVE 24 . 94 SOUTHLAKE TX 76092-9595 IPLEASEPA Y THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED _