Loading...
480-125CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-125 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 0.50 ACRES OF LAND SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE-FAMILY RESDENTIAL 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 pursmmt 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 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 lbr 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 ORDA1NED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1, That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlakc, Texans, 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 0.50 acre tract of land situated in the A.A. Freeman Survey, Abstract No. 522, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-20A" Single-Family Residential District. 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, tnorals 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 awfid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other con-wnercial 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 am in direct conflict with the provisions o17 this ordinance. Section 6. That the terms and provisions of this ordinance shall be dee~ned 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 ol' thc 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 enfomement 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 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 tiine 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~'~/'7 day of (~ , 1994. .fl'~AYOR ~/ ATTEST: ITY SECRETARY PASSED AND APPROVED on the 2nd reading the ' -/~tay of~:~,_, 1994. mu,,,,,,,,.. .i~AYOR~/ ~--( ~)'m} ATTEST: CITY SECRETARY Pagc 4 APPROVED AS' TO FORM AND LEGALITY: C~TYATTORNE~ J I '~ G:\OR D~{/NING\4g0 125 Page 5 EXH[B1T "A" Being a 0.50 acre tract of land located in the A.A. Freeman Survey, Abstract 522, Southlake, Tarrant County, Texas, and being part of a tract of land recorded in Volume 4936~ page 355, deed records of Tarrant County, Texas, which 0.50 acres of land is more particularly described as follows: Beginning at the Northeast corner of lot 1 of the A.A. Freeman No. 522 an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet 'A', Slide ~1461, Plat Records, Tarrant County, Texas; Thence South 00 degrees 09 minutes 05 seconds West for a distance of 729.70 feet to a point; Thence North 88 degrees 59 minutes 26 seconds East for a distance of 30 feet to a point; Thence North 00 degrees 09 minutes 05 seconds West for a distance of 729.70 feet to a point; Thence South 88 degrees 58 minutes 10 seconds West for a distance of 30 feet to the point of Beginning containing 0.50 acres. Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 - STATE OF TEXAS inty 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 I AD INVOICE NO.; DESCRIPTION `OZ INCHiLiNE ?A ' AMOUNT AUG 05 3019696 CL . 358 1X64 L 64 . 46 29 . 44 aug5 CITY OF ORDINANCE ENO.480125 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCE OF THE CITY OF 6R'd ,1'IAiATFNT0AKN:R. ���`���; CHANGE CERTAIN TRACT OACTS OF LAND WITTH CITY BEING 0. C12E5 OFA.A.DFR EESURVEYABSTRACT 522, ANU 51111164)(4C.111... MORE FULLY AND COM- I G N 4 D PLETELY DESCRIBED IN JBSCRIBED AND SWOF AGRIC EXHIBIT LA"FROM"AG" ,E THIS THE 5TH DAY OF AUGUS , 94 ULTURAL TO "SF- 20A' SINGLE-FAMILY RESIDENTIAL DISTRICT, NOTARY PUBLIC d / SUBJECT TO THE SPECIE- k J IC REQQppUIREMENTS CON- NANCE IN NG TARRANT COUNTY, TEXAS THE OFFICIAL ZONING MAP PRESERVING ALL ' OTONINGORDINANCE;DHE TERMINING THAT THE "`�� PUBLIC INTEREST,MOR- ALS AND GENERAL WEN- %14 UNDA K, aLEVlNS FARE DEMAND THE ZON- ING -�nS M CHANGES AND ' CQrr�SSlON FXPlRFS AMENDMENTS HEREIN -„� THISMAD ORDINANCE SHALL �ti •s'�tf SEPTFMBFR 13, 1991 BE CUMULATIVE OF ALL ORDINANCES PROVID- ING A ;PROVIABILITY TEAR ALON ALPENALTYOFOR"VIOLA ,ND RETURN THE LOWER PORTION WITH YOUR PAYMENT TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL V DING AN EFFECTIVE PRO- VIDING REMIT TO: 400 W . SEVENTH , FW, TX 76102 �PortPASSED AND APPROVED Q}� 8�r yT \ BY THE CITY COUNCIL OF X����(���(�X�X���XT�' �(' THE CITY OF SOUTH-. REMIT TCl' I► 1 F W T 1 2051 LAKE THIS THE 2ND DAY Worth St�OF AUGUST, 1994. ram Gary FlckeY Manor of Southlake ACCOUNT AMOUNT 3019696 City Sec etaryy L.LeGrand, NUMBER C I T 5 7 DUE 29. 44 Approved as to form: E.Allen Taylor Jr., -- _-- City Attorney PAGE A1F 1 CITY OF SOUTHLAKE -. 667 N CARROLL AVE PLEASE PAY kh, 29 . 44 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 --' STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared DAWN M. RI,IERA 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 INCH/LINE AMOUNT JUL 22 3009738 CL. 358 1X69 L 69 . 46 31. 74 july 22 ' P . O . # ORD . #480-125 NOTICE OF PUBLIC HEARING NOTICE IS GIVEN TO ALL INTERESTED PERSONS that the City ounciloftheCi- ty of Southlake,Texas,will be holding a public hearing dur- ing the Regular City Council meeting to be held on August 2 1994,beginning at 7:00 p.m. the meeting Sri ll be held i n the _. . CityCovnctl Chambersof City Hall,667 North Carroll Ave • - nue, Southlake, Texas. The purpose of the public hearing Istoconsider the followingor- dinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-125 SIGNED 66W-PC-h'(:**-644,1e04:2r, AN ORDINANCE AMEND- JBSCRIBED AO c ING ORDINANCE NO.480,;E ME, THIS THE 2571-I D, Y OF JULY, 19 AMENDED THE COD- EHENSIVI= ZONING 8RDINANCEOFTHECITY NOTARY PUBLIC IF SOUTHLAKE TEXAS• �� ( + RANTING A TONING 1 TRACT ORNTRACTS OF 1 LLAND WITHIN THE CITY ARRANT COUNT TEXAS 1OF SOUTHLAKE TEXAS EING 0.50 ACRES OF A A FREEMAN SURVEY �S�T'�,�1� f� ABSTRACT NO. 522, AND >f {' LINDA K. BLEWNS MORE FULLY AND COM- fj' i PLETELY DESCRIBED IN Arti 1. COMMISSION EXP RES AEXHIBIT"A"FROM•"AG" L4'.!:x.....1E2 =21 GgqRICUggLTURALTO "SSF-OESIDENTIAL DISTRICT, ` I UBJECTTOTHESPCON- /j�/iot,, / C SI UIVILE[T S CON- AINE IN THIS ORDI- ANCE; DETERMINING HAT THE PUBLIC INTER- -TEAR iEST MORALS AND GEN-ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT RAL WELFARE DE- AND THE ZONING CHANGES AND AMEND- MENTS HEREIN MADE• ORDIESHALL"EONANC B REMIT TO : 400 W • SEVENTH, FW, TX 76102 CDINANCESVPROVIIDINGATY CLAUSE;I gp� REM FOR SEVERABILIV OLATIO 5 RF!1Q!T TO: c Jai nT.J✓11L1�7H.7EJLA$�]8]Ur1-2051 Port Worth HEREOF; PROVIDING A ' 11111�1�1�111�1� SAVINGS UPUHLICA gram ACCOUNT AMOUNT 3009738 TION IN THE OFFICIAL NEWSPAPE NUMBER CIT57 DUE 31. 74 R• AND PRO- VIDING AN EFFECTIVE I DATE. 1 thlake,Texas of dra L.LeGrand Secretary_. CITY OF SOUTHLAKE -. 667 N CARROLL AVE PLEASE PAY 31 . 74 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED