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480-127CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-127 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 4.3 ACRES OF LAND SITUATED IN THE ISHAM A. BELCHER SURVEY, ABSTRACT NO. 30, AND THE A. ROBINSON SURVEYS, ABSTRACT NO. 1131 AND 1132, 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 role 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 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 a 4.3 acre tract of land situated in the Isham A. Belcher Survey, Abstract No. 30, and the A. Robinson Surveys, Abstract No. 1131 and 1132, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" 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, 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 accmed 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 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. lstread~n the ~] da of '" 199 PASSED AND APPROVED on the ' g y ~ , 4. PASSED AND APPROVED on the 2nd reading the ~_ day of ~,~ , 1994. ~%'"...% ATTEST: (~ITY SECRETARY C:\ORD~ZONING\480 127 Pagc 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ~ lq, /'75¢ ADOPTED:~6~ ~/)~y EFFECTI,'E/ t&~ £ /q~¢ C:/ORD\ZONING\480 127 Page 5 EXHIBIT "A" Beginning at a 1/2 inch iron rod set at the intersection of the West line of White Chapel Road and the South line of a tract of land conveyed to the United States of America ( known as tract D-JJ~, ~rapevine Reservoir ) by John W. Carpenter and wife, Flossie G. Carpenter, and recorded in the Deed Records of Denton County, Texas ( DRDCT ); Thence South 14 deg. 17 min. 55 sec. East, along the West line of said White Chapel Road, a distance of 229.66 feet to a 5/8 inch iron rod found, ( Deed Call: South 14 deg. 54 min. 44 sec. East, a distance of 253.60 feet ): Thence Continuing along the West line of said White Chapel Road. South 08 deg. 2.3 min. 25 sec. East, a distance of 89.55 feet to a ,3/8 inch iron rod found for corner, said point being the most Easterly Northeast corner of a tract of land described in a deed to the Federal Deposit Insurance Carporation,(FDIC), recorded in Volume 222`3, Page 690, DRDCT, ( Deed Call: South 07 deg. 42 min. 08 sec. East, a distance of 8984 feet ); Thence South 88 deg. 01 min. 42 sec. West, along the Easterly North line of said FDIC tract, a distance of 612.60 feet to a 1/2 inch iron rod found for corner, ( Deed Call: South 88 deg. 24 min. 06 sec. West, a distance of 61,3.56 feet ); Thence North 05 deg. 50 min. 0`3 sec. East, along the East line of said FDIC tract, o distance of 547.`31 feet to a 1/2 inch iron rod found for corner, said point being the most Northerly Northeast corner of said FDIC tract, said point also being in the South line of said USA tract; Thence South 88 deg. 24 min. 47 sec. East, along the South line of said USA tract, a distance of 521.47 feet to the Point of Beginning, and containing 187,545 sq. ft. or 4.50 acres of land, more or less. Save and Except any and all portions thereof contained within any and all public or private roadway. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS County of Tarrant 08efore 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 AC INVOICE NO DESCRIPTION AD SIZE INOHTLINE RATE AMOUNT JUL 0 7316161 CL. 358 1X80 L 80 . 46 36 . 80 July 8 ('ITV OF TEXASH! AVE. AORDINANCE ROR DII NANCEOAMOEi ING ORDINANCE NO. AS AMENDED THE C 1 PREHENSIVEZONING - - -- DINANCE OF THE CITY SOUTHLAKE nANH INGEA ZONIN CHANGE ON A CERTAINI TRACT OR TRACTS OF rND WITHIN THE CITY SOUTHLAKE, TEXAS. ING4.JACRESOFLAND UATED IN THE (SHAM A.BELCHER SURVEY 1 ROBINSON SURVEYS�Al..i • STRACT NO. 1131 AND 1132 AND MORE FULLY ANDi COMPLETELY DE CRIBED IN EXHIBIT"A" SUBROM "O " AGRICUL- TURAL TO "SF-IA' SIN-, q TIAL DI�RICT SUBJJECT D OCr04,0•AJJ1**'"-- k4718.04)*E0A. CRIBED AND SWORN II TO THE1SPECIFICS THIS THE 12TH D Y OF JULY, 1994 CON- TAINEDQU IN THIS ORDI- NOTARY PUBLIC T E OFFICIAL CORR ZONING // '/ ill OTHER P OTISOFTHEI (C� TERMININGTNSOFTHE ZONING ORDINANCE;DE-1 TARRANT COUNTY TEXAS TERMINING THAT THE. PUBLIC INTEREST,MOR- ALS E DEMANDT HE ZON- --iv ps`y ING CHANGES AND S �,; °;� 11NDA K. BLEVINIS AMENDMENTS SI HEREIN •:_` - 4' THIS ORDINANCE SHALL f• ?4 CDMDA K.AISSION EXPIRES BE CUMULATIVE OF ALL ��+ °NGDIAN AEVERABOV o• 'TY1 I E.,.•F`y s SEPIEMBER 13, 199 CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA-'1 TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE;] �� a PROVIDING FOR PUBLI- CATION ALONG THIS NEWSSPAPTHE R LA OFFICIALP TURN THE LOWER PORTION WITH YOUR PAYMENT VIDING AN EFFECTIVE DATE. Section 7.Any person firm or corporation who gviolates, rrefusseestoc mplywlthoorrwho REMIT TO : 400 W . SEVENTH, FW, TX 76102 resists theenforcementofany - -ofmg the provisions of this ordi- Fort Worth Str•• Each daysha theft ednotmore �,� P T r than Two Thousand Dollars ��•��� �� �` �� iX• RITTfkift-2051 f2,000,00) for each offense. ach day that a vl0lation is rmlHepdtoexist shall constl- 7316161 per AND APPROVED NUMBERT C I T 5 7 AMOUNT DUE 36 . 80 BY THE CITY COUNCIL OF THE CITY OF SOUTH- - - - LAKE THIS THE 5TH DAY OF JULY 1994. 1 is/Gary F'ickes Mayor of South(ake Attest: ndra L.LeGrand, 1 a City Secretary is/Approved as to Form: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE el 667 N CARROLL AVE PLEASE PAY , 36 . 80 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 IIISTATE 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE '=,,' AMOUNT JUN 24 2696593! CL. 358 1X 75L 7 7 •46 34 • 50 OP.O. # ORD 480-127 NOTICE HEAR R ING NGBLIC r PNOTICEIS HEREBY GIV- EN TO ALL INTERESTED ER SONS that the CityCoun- _ t11 of the City of Southlake, exas,will be holding a public hearing during the Regular City Council meeting to be held on July 5 1994,beginning at 7:00 p.m.-I he meeting will be held In the City Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of thep ublicheariBngIstoconsid- erCITY OF SOUTHLAKE, TEXAS --- --- ORDINANCE NO.480-127 AN ORDINANCE AMEND- 'ING ORDINANCE NO. 480, AS AMENDED THE COM- S I'PREHENSIVELONINGOR ''''' "")14 'ILA;IP•Aigk.- - SUBSCRIBED A D SWORN TO BEFORE MEINANCEOFTHECITYOF D OF 1994 SOUTHLAKE TEXAS 1 JUNE,1994 A ZONING TRACT ORNN THE CERTAIN r LAND WITHIN THE CITY / , k OF SOUTHLAKE TEXAS 10BEING4.3ACRESbFLAND SITUATED IN THE (SHAM_ T}�RRANT CO N , TEXAS STRACTNO.3SURVEY, AND ETt-IEA ROBINSON SURVEYS,AB- STRACT NO.1131 AND 1132 AND MORE FULLY AND r`v"4 COMPLETELY DE- ..-V gyp. ------- SCRIBED IN EXHIBIT � .." . '•�4, LINOA It. RI YINS A"FROM"AG"AGRICUL- #1tr• ' _ r'',y GLE-F TOI SF-ESI SIN- !• I COMMISSION :XPIRES SIN- GLE-FAMILY RESIDEN- #��� � iy �+ TO HI SPE SUBJECT SPECIFIC f SEPTEMBER 1:. 1997 Q IREMENTSIFICCON- y�,4„-tr r 1 TAINED IN THIS ORDI- MOONANCE,.( CORRECTING A A 4 THE OFICIAL ZONING TEAR ALONG THIS PERFORATION AN( OTHER PRESERVING THE ORTION WITH YOUR PAYMENT ZONING ORDINANCE;DE- TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- INEDANHENGCHO AD : 400 W • SEVENTH , FW, TX 76102 AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL Fort WorthStar-Telegi IN CUMULATIVE OF ALLORDINANCES PROVID-ING A SEVEI2ABILITY _....._- CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- AMOUNT 2696593 TIONS HEREOF; PROVID- CIT57 DUE 34 . 50 ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER AND PRO- PAGE VIDIE G AN EFFECTIVE AT City of Southlake Texas /s/Sandra L.LeGrand City Secretary 110 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 34 . 50 SOUTHLAKE TX 76092-9595 THIS AMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED