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480-112CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -112 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 9.998 ACRE TRACT OF LAND OUT OF THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, TRACTS 4G AND 4G1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "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 \480.112 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 9.998 acre tract of land out of the J.G. Allen Survey, Abstract No. 18, Tracts 4G and 4G1, 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 \480.112 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 \480.112 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. Milo PASSED AND APPROVED on the 1994. 1st reading the day of OR ATTEST: 1j" X4�0� ITY SECRETARY the 2nd reading the ! day of 'O. :t1%, a :"J4 APPROVED on 1994. APPROVED AS TO FORM AND LEGALITY: CI ATTORNEY DATE: -�> — ( S_ ADOPTED: k dl m EFFECTIVE: YOR ATTEST: / ,V) C: \ORD \ZONING \480.112 Page 4 N i y i._ 1st reading the day of OR ATTEST: 1j" X4�0� ITY SECRETARY the 2nd reading the ! day of 'O. :t1%, a :"J4 APPROVED on 1994. APPROVED AS TO FORM AND LEGALITY: CI ATTORNEY DATE: -�> — ( S_ ADOPTED: k dl m EFFECTIVE: YOR ATTEST: / ,V) C: \ORD \ZONING \480.112 Page 4 EXHIBIT "A" BOGIMIM at a found 3/4 inch iron rod being by deed East a distance of 950 varas, North a distance of 428.96 feet, and West a distance of 300.0 feet.frcm the Southwest corner of the said J.G Allen Survey; THENCE N 89 0 58' W a distance of 302.91 feet to a found 5/8 inch iron rod; THBUM N 0 04' E a distance of 648.15 feet to a found 1/2 inch iron rod; IMENCE N 0 01' W a distance of 279.18 feet to a found 5/8 inch iron rod; THENCE N 0 01' 30" W a distance of 493.56 feet to a found 3/8 inch iron rod and being in the South right- of-way line of F.M. Highway No. 1709; T4iE14CE N 89 0 34' 30" E along the South right -of -way line of said F.M. Highway No. 1709 a distance of 302.47 feet to a found 1/2 inch iron rod; THENCE South a 3istance of 1441.31 feet to place of beginning, containing 9.998 acres or 435,494 square feet of land. C: \ORD \ZONING \480.112 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 4111 STATE OF TEXAS 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 : GATE I AD INVOICE NO. DESCRIPTION AD SIZE RATE AMOUNT TOTAL INCH/UNE MAR 04 2632479 CL. 358 CITY OF 1X 63L 63 . 46 28 .98 SOUTHLAKE TEXAS mar 4 ORDINANCE f40.480-112 An ordinance amending Ordi- nance No. 480, as amended, the Comprehensive Zoning Ordlnanceof theCityof South lake Texas;9rantinga zoning >,ange on a certain tract or tractsofiandwithintheCityof Southlake, Texas being ap- proximately a 9.998 acre tract of land out of the J.G. Allen Survey Abstract No. 18, Tracts AG and 4G1 and more fully and completely de- scribed in the Exhibit "A" from AG" Agricultural to SF-1A"Single Family Resi- dential District sublect to the specific requirements con- tainedr In this ordinance;zoning --1 I the official zoning .... map;oresezoningllydinanor- /�/� r id--1--ki'-eitC,\._ titer of The zoning ordinance; a l determinlnrals and generalc in- E D terest, morals and general welfare demand the zoning SUBSCRIBED AND SWORN Theaelneritadetivromvednelhe THIS THE 7th AY OF MARCH, 1994 S cumu- lative of all ordinances; be NOTARY PUBLIC �A pro- viding of all ordinances pro IC- • )� / 1 this viding a severabllltyy clause; ��'py�p���1 vio- lations hereof; providing a- .-,.. ;B.-g savings clause;providing for T RRANT COUNTY, TEXAS fir. ••-,i' publication in The official P ew.,PPxedr.i ndprovidingan r1 COI eff t o 7.Any - --- i» Section7.Anyperson,firmor ,, •. SEf corporation who violates,dl- �'y�f'-•••••�E± JC sobers,omits,neglects or re- '��c::. ' fuses to comply with or who resists theen orcementofanyy of the provisions of this ordi- nance shall he fined not more than Two Thousand Dollars 02,000.00) for each offense. Each day that a violation is permitted Coexist shall consti- tute a separate offense. Passed and Approved In sec- ond read ng by the Cit Coun- TEAR ALONG TH 1194ehis the 1st day of March, ETURN THE LOWER PORTION WITH YOUR PAYMENT--,,. �_ Gary Flckes, Mayor of Southiake [Attest:Sandra L.LeGrand, City Approved REMIT TO : 400 W . SEVENTH, FW, TX 76102 Approved As To Form: Wayne K.Olson, City Attorney _ Fort h r-TeleF�i�.,�.� �.t: .. X�������X X�����M�01.205, ramACCOUNT AMOUNT 6 NUMBER CIT57 DUE ,.: 28 .98 1 1 '' >•� ' 4PAGE OF CITY OF SOUTHLAKE S 667 N CARROLL AVE 1 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT 28 . 98 ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED r Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • 41111 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 1 DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT FEB 18 2624827CL . 358 1X 56L 56 . 43 24 . 08 ' feb 18 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY 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 Council meeting to be held on March 1.1994,begin- ' ning at 7:00 .m.The meeting will beheld Ina the City Councl I Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of thepublic hearing istoconsid- er the following ordinance: F inance:CITY ORDLINANCEENO 480-1 2 XAS I G N E UBS'CRIBED AND SWOR nancelNe c480 es�tamendei, E , T iIS THE 18t DA FEB. , 1994 the comprehensive the I t zoning South- lake, - NOTARY PUBLIC dinance of the City h Texas;grantingazoning /L, ...._..... _.._._.__ change on a certain tract or 1 tracts of land withiniheCityof et<X4tS Southlake, oximatelTa9998acretract TQ:"Y "•�e�,,, ARRANT COUNTY, TEXAS 4G and 4G1 and more fully 2 f, UNDA K. BLEVINS and completely described In y'i ,'.yCDMMISSIDN EXPIRES Exhibit"A"from"AG"Agri- : cultural to "SF-1A" Single I :Pf Family Residential District 4�,.........,+= SEPTEMBER 13, 1997 subject to the specific require- y� 1r ments contained In this ordi- nance;correcting the offical zoning map; preserving all other portlonsofthezoningor- . dinance;determining that the public interest, morals and general welfare demand the zoning changes and amend- ments herein made; provid- ing that this ordinance shall be cumulative of all ordinances; i _. o„--TEAR ALONG plausedArovidin9iofrapbeiniai VD RETURN THE LOWER PORTION WITH YOUR PAYMENT ty for violations hereof;pro- viding a savings clause;pro- viding for publication in the °idnganeffecive`date.pro- ' REMIT TO : 400 W . SEVENTH , FW, TX 76102 City of Southlake,Texas Sandra L.LeGrand - - Port2WQrt hStaiJLê!egram �.E,Uc1 :�: .. , a(�cXx � �c�X X�X4c7X�,_2051 ACCOUNT AMOUNT NUMBER CIT57 D 24 . 08 , DUE .(e-....,ip ,,,,,,,,,,-„,:,,,,-;,y -,*:::,,, , ,, -,,,,,,:,,,,, , i PAGE OF , , _ . ._ , CITY OF SOUTHLAKE S 667 N CARROLL AVE 24 . 08 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT ► ATTN : PLEASE WRITE IN AMOUNT ENCLOSED