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480-128CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-128 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 4.312 ACRES OF LAND SITUATED IN THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, TRACT 1F, 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 ttEREOF; 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 C:\ORD\ZONING\480 128 Pngc I 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 4.312 acre tract of land situated in the A.H. Chivers Survey, Abstract No. 299, Tract iF, 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 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 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. · ,".".'- ~Kr ~",,, PASSED AND APPROVED on the 2nd reading the ~ d_,ay of ~//,O/~ , 1994. xLAK£,7. , ~i ATTEST: C ~ ~ECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: C~ ADOPTED: C EFFECTIVE: Page 5 EXHIBIT "A" BEGINNING THENCE THENCE THENCE THENCE at a nail found in the center of Dove Road, in the North line of said Chivers Survey, said point being, by deed call in the above referenced deed 1070.6 feet, West of the Northeast corner of said Chivers Survey; East along the center of said Dove Road and with said survey line 272.47 feet to a nail found for corner; S. 0°-09'-01"E. 672.15 feet to a concrete monument found for corner; West 278.35 feet to a capped ½" iron found for corner; N. 0°-21'-04" E. 672.16 feet to the POINT OF BEGINNING, and co~taining 4.312 acres. C:\ORD\ZONING\480.128 Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 fil 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE INCOH/UNE TAL RATE AMOUNT JUN 24 2696567 CL . 358 1X 72.L 72 .46 33 . 12 P . O . # ORD 480-128 NOTIEOFP BLICCC EARIN E BY NTOlLhNTRES D e l Coun- cil of the City of Southlake, Texas,will beholding a public hearing during the Regular City Council meeting to be held on July 5 1994,beginn in at 7:00 p.m.The meeting will be held In the City Council !Chambers of City Hall, 667 ' North Carroll Avenue,South- lake, Texas. The purpose of • thepublichearing Is toconsid- er the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-128 N AVG ANCE AMEND- LAdOeiw S AS AME ORDINDEDCTHE EOM- f��„ SUBSCRIBED A D fJ61�N TO BEFORE M S pPINOUANHEOF HE CITY O REHENSIVEZONINGOR-F , Y OF JUNE, 19 _ • :GRANTING A ZONING IUBLIC /� /^y/�,} // CHANGE CTORO A TRACTS OF `" �i/Vv (F / --- TRACT OF OF SOUTHLAKE, TEXAS BEING 4.312 ACRES OF TARRANT COJNTY, TEXAS LAND SITUATED IN THE A.H. CHIVERS SURVEY ABSTRACT NO. 299, ANO MORE FULLY AND COM- PLETELY DESCRIBED IN .i�Rv,�`y� EXHIBIT "A"FROM"AG" # ,% ,.1y AGRICULTURAL TO "SF- �,'?: 1c''+ UNDA K. 8l 1A"SINGLE-FAMILY RES- ro M IDENTIAL DISTRICT,SUB- O3•'• ��� JECT TO THE SPECIFIC r., Nf COMMISSION EXPIRES REQUIREMENTS CON- TAINED 4��., 4 SEPIEI�IBER 13, 1991 IN THIS ORDI- q,....4'it+ NANCEJ CORRECTING THE OFFICIAL ZONING J ( MAP PRESERVING ALL OTHER PORTIONSOF THE TEAR ALONG THIS PERFORATION AN TZONING RIM NIIONGITHATE'°E PORTION WITH YOUR PAYMENT.. PUBLIC INTEREST,GENERAL WEL• - FARE DEMAND THE ZON- ING CHANGES AND MADETf ROVIDINGTHAN J : 400 W • SEVENTH, FW , TX 76102 THIS ORDINANCE SHALL BE CUMULATIVE OF ALL IONGIA SECVERAB0I D XIPX/PXKIDX: NWXYX1X�R'wX�X-2051 Fort Worth Star-Teleg I I CLAUSE; R O F- PR VID- A PENALTY FOR VIOLA- TIONS HEREOF PROVID- q ING A SAVINGS'CLAUSE;IT AMOUNT 2696567 PROIODIN IN FORTHE PUBLL; CIT57 DUE 33 . 12 CATV DING ANREFFECT E DATE. City of Southlake Texas PAGE /s/Sandra L.LeGrand City Secretary • CITY OF SOUTHLAKE 667 N CARROLL AVE 33. 12 1 SOUTHLAKE TX 76092-9595 PLEASE PAY THIS AMOUNT , ATTN : SANDY LEGRAND , ___ PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State , this day 1111 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 A ' INVOICE NO. DESCRIPTION I AD -;IZ'- RATE AMOUNT JUL 08 2704728 CL . 358 1X78 L 78 . 46 35 . 88 July 8 `'i - TEXASHLAKt, IN ORDANCE NO.480-128 AN ORDINANCE AMEND- ]ING ORDINANCE NO. 480. AS5 AMENDED THE COM- PREHENSIVELONINGOR- DINANCE OF THE CITY OF SOUTHLAKr XAS RANTIN' AONING HANcE ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING 4.312 ACRES OF LAND SITUATED IN THE ABSTRACT NO 2 9,TRACT IF AND MORE FULLY • AND COMPLETELY DE- SCRIBED IN EXHIBIT"A" FROM "AG" AGRICUL TURAL TO "SF-1A" SIN- e.."..m.)V\ GLE FAMILY RESIDEN- TIAL DISTRICT SUBJECT N:D � • �. SUB CRIBED AND SWORN QUIREEAENT51FiccoN= TAINED IN THIS ORDI-I HIS THE 12TH Y OF..ff JULY, 19 NANCE CORRECTING I// • THE OFFICIAL ZONING NOTARY PUBLIC ' / MAP' PRESERVING ALL ZONING ORDINPORTIOASOFNCE; THE `C I/ ZONING ORDINANCE;DE- TERMINING THAT THE PUBLIC INTEREST,MOR- :::::6COJNT , TEXAS ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING I .T�� ING CHANGES AND {�ZT,/. �4 AMENDMENTS HEREIN "R lt MADE• PROVIDING THAT r' THIS ORDINANCE SHALL • :�S BE CUMULATIVE OF ALL i raj ('`OMM SSION EXPIRES ORDINANCES PROVID- ING �4 ING A SEVERABILITY h ,,,,.• ":�+a $EpTEMBER 13.CLAUSE;PROVIDING FOR 4�� �l 2997 A PENALTY FOR VIOLA- TIONS HEREOF PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER• AND PRO- .,--TEAR ALONG TI-vioING AN EFFECTIVE RETURN THE LOWER PORTION WITH YOUR PAYMENT DATE. Section 7.Any person firm or corporation who violates, disobeys, omits, neglects or resises to comply with or who tstheeforcemntofany REMIT TO : 400 W . SEVENTH , FW, TX 76102 resists theenforcementof any of the provisions of this ordi- nance shall be fined not more __---------__-------___---— than Two Thousand Dollars \ Fort Worth Star � 000 ed for each offense ocp�IT To '. `p,p��p �p,1 p� p �y(p�}T�{ T y/� 2051 Each day that a violation is� h J�x J�3k J�J�J� RY J�n J�j( J� iN� rmittseepdtoert ea shall,eonns - PASSED AND APPROVED ACCOUNT AMOUNT 2704728 BY THE CITY COUNCILOF THE CITY OF SOUTH- NUMBER CIT57 DUE 35 . 88 LAKE THIS THE 5TH DAY _ OF JU LY 1994. is/Gary Fickes 1 Mayor of Southiake Attest: Sandra L.LeGrand, City Secretarye� Js/EArllen Taylor Form: ,Jr., City Attorney CITY OF SOUTHLAKE 111 667 N CARROLL AVE PLEASE PAY 35 . 88 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN: PLEASE WRITE IN AMOUNT ENCLOSED