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480-122CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-122 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 A 5.00 ACRE TRACT OF LAND SITUATED IN THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916, TRACT 3, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "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 3'HE 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 C:\ORD\ZONING\480.122 Page 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 oft-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 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 them 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 Southtake, 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 a 5.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916, Tract 3 and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. C:\ORD\ZONING\480 122 Page 2 From "AG" Agricultural to "SF-1A" Single Family-lA Residential. Section 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, 'to reflect the heroin 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 am 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 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 C :\ORD\ZONI NG\480.122 Page 3 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~im,,,.~,on the Ist reading the ~C...~1994. PASSED AND APPROVED,.°no the 2nd reading~the o~,f ~_~ 994. \x..._./,./ /2 OYY SEC~TARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EFFECTIVE: i0: / C:\ORD\ZONING\480.122 Page 4 EXHIBIT 11 that certain tract or parcel Of land being a part of 58.078 acre tact situated in the M. Mabaf[ey Survey, AbstracE 916, Denton County, Texas; the 58.078 acre tract being a part of the first tract described in Deed to Earnest Clay, dated January 3C, 1945 and recorded in Volnme 312, page 422, Deed Records, Denton County, Texas a,d more specifically described by metes and bounds at follows: Beginning at the northeast corner of the 58.078 acre tract at an iron pin ~ound in Bob Jouem Road at the Northwmst corner of a tract called 3.159 acres described in heed from Rosa Clay to W. E. Tucker and corded in Volume 659, page &84, Dead Records, Denton County, Texas. Thence: South 0 degrec~, 33 mluute~ 02.8 seconds East feet to an iron pin ~ound a fenced corner ~or the Southwest ~aid 3.159 acre tract. 996.34I Thence: South 89 degrees, 22 minutes, 02 Seconds W~st 218.3~6 ~eet to a point for corner. Thence: North 0 degrees, 33 minutes, 02.8 ~econds West 998.752 feet to a point for corner in Bob Jones Road. Thence: East along Bob Jones Road 218.346 feet to the place of beginning, and containing therein 5.000 acres of land more or l¢~s. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 4110STATE OF TEXAS ty 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 RATE AMOUNT NCH U NE ...o._.. ; CITY Of SOUTHLAKE, -' MAY 20 2675819 CL . 358 ORDINANCE NO.480-12 ' 1X 74L 74 . 46 34.04 ANNN OppRDpIINNANC EEAMEN may 20 ,AApSGAMENIDEDOTHECO • — ' DINANCESOF THOENCITY OF SOUTGRANTING EA TEXNdi ZONING`, CHANGE ON A CERTAIN� � -- RACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING A 5.00 ACRE TRACT.._ OF LAND SITUATED IN THE M.MAHAFFEY SUR- VEY ABSTRACT NO. 916, TRACTS AND MORE FUL- LY AND COMPLETELY DESCRIBED IN EXHIBIT • "A' FROM "AG" AGRI- CULTURAL TO "SF IA" ,SINGLE pHESE�CRQRETPCEQUIMENTS ONTAINED IN ++�� THIS ORDINAN0 CE, CCrrOR- N E D , n;::))kt4"niauti14h., RECTING BSCRIBED AND SWORN ING ALL OYHER POR- THIS THE 20TH Y OF MAY, 1994 TIONSOFTHEZONINGOR- DINANCE DETERMINING NOTARY PUELIC I/ AN THATTH�PUBLICINTER- A. w i I EST MORALS AND GEN- ERAL WELFARE DE- CHAN THE ZONING TARRANT COLNT , TEXAS CHANGES AND AMEND- MENTS HCEREIN MADE- I I B PROVIDING THADT THIS L ROVIDING FOR A PEN- ALTY 4�V UNDA K. B[ENSUMULATIVE OF ALL OR- EVERABILITYCLAUSE; /�OR PUBLICATIONI N11 f/ SEPILMBEj COMMISONHE AND CIALPRO NEWSPIDINGA -ER AND PROVIDINGAN EFFI=CTIVE DATE. SECTION7.Anyperson firm or corporatrlon who violates, (" 'disobeys, omits neglects or hri -- -� refuses to comply with or whoy - -- 0 —TEAR ALONG 1 of fits o Ov n oorccens o entofthls any RETURN THE LOWER PORTION WITH YOUR PAYMENT-----„, di- nance shall be fined not more than02,000.00) s Two Thousand Dollars pEe chd ay,that each violation sIs tut asttedt ate fr ae°nsfl- REMIT TO : 400 W . SEVENTH, FW , TX 76102 PASSED AND APPROVED DURINGOTHE READING,I 9;T T A 1-2051 Port WorthSt CMAY IL MEETING HELD ON I �Eti RRR'S�R'� x9P�CR' R' 5t` 5C3�R' AATATESTT: SAGANDRA LE LE- a ACCOUNT AMOUNT 26758I D, CITY SECRE- TARY NUMBER CIT57 DUE° 34 . 04 APPROVED ATTORNEY E. AL- LEN TAYLOR,JR. PAGE 'kF 1 CITY OF SOUTHLAKE 1110 667 N CARROLL AVE PLEASE PAY 34 .04 SOUTHLAKE TX 76092-9595 THISAMOUNT 1 ATTN : SANDRA LE GRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS IIVE STATE OF TEXAS unty 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 : NOTICE OF P BLIC HEARING NOTICE IS HEREBY GIV- EN T ALL INTERESTED PER SONS that the City Coam- __ -- - --- ---- II of the City of Southlake, - 7 DATE AD INVOICE NO� exas,will beholdingapublic AD SIZE vcrilAi ti t RATE AMOUNT hearing during the Regular _ __ ._. Lily Council meeting to be -- -_- -- held on Mary 17 �i 1994, g In- MAY 06 2667564 CL . 358 ning at 7:00 pm. the meee tin 1X72 L 72 • 46 • 33. 12 wiil be held In the City Council I m a y 6 Chambers of City Hall. 467 North Carroll Avenue,s&AT- lake,Texas. The purpose of the ublic hearing is toconsid- er t following ordinance; CI Y OF SOUTHLAKE TEXAS ORDINANCE NO.480-i22 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, ASAMENDED,THE COM- PREHENSIVELONINGOR- SDINANCE OF THE CITY OF OUTHLAKE TEXAS GRANTING A ZONING` CHANGE ON A CERTAIN TRACT OR TRACTS F LAND WITHIN THE CI Y V CIF SOUTHLAKE TEXAS 40 BEING A5.00ACRETRACT OF LAND SITUATED IN THE M.MAHAFFEY SUR- VEY, ABSTRACT Np 916, TRAT 3 AND MORE FUL- LY AND COMPLETELY NE4 0 — SUBSCRIBED AND SWORN DESCRIBED IN EXHIBIT . CULTURAfL TO"SF-IIV T IS THE 6TH D Y OF MAY, 199 SINGLE FAMILY-IA RE I- THE SPECIFIC SUBJECT p NOTARY PUBLIC IG / THE SPECIFIC REQUIRE- l MENTS CONTAINED I12N THIS THENOFf-CCIIA ZONING MAP. PRESERV- TARRANT COUNTY, TEXAS ING ALL OTHER POR- TIONSOFTHE ZONINGOR- DINANCE DETERMINING THAT THE PUBLIC INTER- L��� EST MORALS AND GEN- r�►�T•P471 ERAL WELFARE DE- 3' s�.My UNDA K. BLEYiNS 1 MAND THE ZONING i� ' CHANGES MADE iNj�'I COMMISSION EXPIRES pORDINANCE SHALL BIE /h'+r�� SEPfEMBER 13, 1997 CUMULATIVE OF ALL OR- ��h� fr•- it.) DINANC BI PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A P N- ALTY FOR VIOLATIONS TEAR ALONG T HEREOF; PROVIDIN A RETURN THE LOWER PORTION WITH YOUR PAYMENT-----. SAVIN S CLAUSE P a VIDINO FOR PUBLI • TION IN THE OFFICIAL NEWSPORT-ANDPROVVI INGANEFFlaCTIVE,TexasDATE. REMIT TO : 400 W . SEVENTH, FW, TX 76102 City r L.Le ra Texas Sandra L.LeGrand City Secretary av Fort worthStar.Tele FE►�;tT Tc►: ,. I57Cx7C/l"T/l-/lX )l/��/�/lTx7l/�lC1.2051 ra m 2667564 NUMBERACCOUNT CIT57 AMOUNTDUE 33.12 PAGE 1OF 1 II CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY bb 33.12 1 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED —-