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480-129CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-129 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 6.09 ACRES OF LAND SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS 3B2, 3F, AND 11C6, 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 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: (' ORD\ZONING\480 129 Being a 6.09 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, Tracts 3B2, 3F, and 11C6, and more tully 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 furore; 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 comtnercial 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. sou ATTEST: PASSED AND APPROVED on the 2nd reading the ~ day of ~ , 1994. ATTEST: ~Y SECRETARY APPROVED AS TO FORM AND LEGALITY: EXItlBIT "A" THAT WHEREAS, Kathleen L. Sumner is the ovner of a tract In the T. Hood Survey, Abstract No. 706, situated in the City of Southlake, Tarrant County, Texas, and being a portion of the tract described in a deed to David W. Palmlund and vile Kathleen L. of record in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, said portion being more pMrt~cularly described by metes and bounds as follows: BEGINNING at a %" iron found at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonvtlle Avenue, said point being, by deed calls, in the above referenced deed, 2638.5 feet South and N. 89° - 16' - 4Q# E 24.0 feet from the Northwest corner of said Hood Survey; THENCE North 67.99 feet along the East line of said North Peytonv!lle Avenue to a %" iron set in same for corner; THENCE THENCE THENCE N. 87° - 17' - 00" E. 470.14 feet to a %" iron set for corner; North 218.62 feet to a ~" iron set in the North line of the above referenced tract, same being the South line of a tract described in a deed to Glen B. Burgess, of record in Volume 4572, Page 90, Deed Records, Tarrant County, Texas; S. 89© - 28' - 47" E. 352.88 feet along the South line of the last referenced tract to a 4" metal fence corner post for corner; THENCE S. 070 - 02' - 01" E. 310.30 feet along the East line of the tract described in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, same being the West line of a tract described in a deed to Ernest E. Taylor of record in Volume 2312, Page 624, Deed Records, Tarrant County, Texas, to a 3/4" iron found for corner; THENCE S. 04° - 36' - 20" w. 42.82 feet continuing a long the West line of said Taylor tract and the East line of said Palmlund tract to a %" iron found for corner; THENCE THENCE THENCE S. 89© - 49' - 54" W. 165.31 feet along the most Southerly line of the last referenced tract to a ½" iron found for corner; N. 00° - 25' 30" E. 44.06 feet to a %" iron found for corner; N. 89© - 41' 47" W. 665.08 feet along the most Northerly South line of tile last referenced tract to the POINT OF BEGINNING and containing 3.59 acres. C:\ORI)\ZONING\480 129 Page 6 EXltlBIT "A' AND THAT. WHEREAS, F. L. Bailey is the owner.of a tract in the T. H, Hood Survey, Abstract NO. 706, situated in Tarrant County, Texas, and being that portion of the tracts described in a deed to Dayid W. Palmlund end wife Kathleen L. of rocord in Volume 8164, Page 907, Deed Records, Tarrant County, Texas, as described in a deed to said F. L. Bailey filed under . Clerks File NO. D194085002, Tarrant County Clerks Office, ~nd being more particularly described by metes and bounds as follows: COMMENCE at the Southwest corner of the above referenced tract in the East right-of-way line of North Peytonvllle Avenue, said point being, by deed calls in the above referenced deed, 2638.5 feet South and N- ~9o - ~6' - 40" E. 24.0 feet from the Northwest corner of said Hood Survey, thence North 67.99 feet along the West line of the above referenced tract to a %' iron set in same for the Southwest corner and POINT OF BEGINNING of the herein' THENCE North 245.17 feet along the West line of the above referenced tract to a 3/8" iron found at the Northwest corner of same; THENCE S. 89°0- 28' - 47" E. 469.63 feet along the North line of the above referenced tract to a ~' iron set in same for the Norbheast corner of the herein described tract; THENCE South 218.62 feet to a %" iron set for corner; ZHENCE S. 87° - 17' - 00" w. 470.14 feet to the POINT OF BEGINNING and containing 2.50 acres. tbrt Worth Star=1elegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS County of Tarrant me , a Notary Public in and for said County and State, this day•BE2fore 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 : TOTAL DATE AD INVOICE NO.I DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT JUL 08 2704710 CL. 358 1X79 L 79 . 46 36 . 34 July 8 CITY OF OUTHLAKE, TEXAS ORDINANCE NO.480-129 AN ORDINANCE AMEND- I G ORDINANCE NO. 480, A AMENDED,THE COM- P EHENSIVELONINGOR- DINANCE OF THE CITY OF SOUTHLAKE TEXAS" GR \NTING A ZONING` TRACEONRCTSFTRTA O I LAND WITHIN THE CITY • OF SOUTHLAKE TEXAS BEING 6.09 ACRES OF LAND SITUATED IN THE 'THOMAS M. HOOD SUR- TRACTSB3B 23F AND 1106 - - -- - -AND MORE FULLY ANf- \ _ COMPLETELY DE- I\/lwl SCRIBED IN EXHIBIT"A" FROM "AG" AGRICUL-,1ED • t TURAL TO "SF-1A' SIN- SUBSCRIBED AND SWORN 1rIALDI RicTRSlB E'CT- HIS THE 12 Y OF DULY, ///�19/!9 TO THE SPECIFIC RE- / "" / \ • QUIREMENTS coN- NOTARY PUBLIC TAINED IN THIS OR N- T THE CORR ING OTHER OFFICIAL ZONING MAP- PRESERVING ALL OTHERPORTIONSOFTHE TARRANT COUN , TEXAS TERNITHTHEMI INGAT PUBLIC INTEREST,MOR- �.���I.s‘ ALS AND GENERAL WEL- �''.. ...,fe�� FARE DEMAND THE ZON- ING I,Q :r L NDA K. BLEViNS CHANGES AND �' 'f COIAMiSSION EXPIRES AMENDMENTS HEREIN MADE PROVIDING THAT }�,� SEPTEMBER 13, 1997 THIS ORDINANCES,- ORDINANCE SHALL BE CUMULATIVE OF ALL i' .. ORDINANCES PROVID- ' 14�F�oM ING A SEVEI2ABILITY I CLAUSE;PROVIDING FOR t,' A PENALTY FOR VIOLA- TIONS HEREOF, PROVID- ING A SAVINGS CLAUSE; _ TEAR ALONG THIS PROVIDING FOR PUBL!- URN THE LOWER PORTION WITH YOUR PAYMENTTh CATION IN THE OFFICIAL NEWSPAPER AND PRO- VIDING AN EFFECTIVE DATE. Section a.Any n firm or coorporation who who vi vioates, REMIT TO : 400 W. SEVENTH, FW, TX 76102 person, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any FortWorthsSr of the provisions of this ordi- REMIT Try. 1� ,$��(Qp,Q�1 Q Tky1 T $76,yQ�2051 • than shall be fined not more ��J�J�J�'J�A J�X IS h 1C x /�A/C h 1C than Two Thousand Dollars LS2,000.00) for each offense. 2704710 permitted day that a violation is ACCOUNT AMOUNT tue sseparate offense°nstl- NUMBER C I T 5 7 DUE 36 . 34 BYSTHSECITYYCOUNCIILOF - - -- THE CITY OF SOUTH- OF JEIILY 1994 E,STH DAY 1 /s/Gary Fickes Mayor of Southiake Attest: Cit ydSecreta�rand, ry '/s/Approved as to Form: CitEAttttorneyavlor,Jr., CITY OF SOUTHLAKE ell 667 N CARROLL AVE PLEASE PAY 36 . 34 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 40 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 TOTAL INCH/LINE RATE AMOUNT JUN 24 2696504 CL • 358 1X73L 73 .46 33 . 58 P. O. # ORD 480-132 — NOTICE OF PUBLIC CC HEARING G EENTTOEAI L INTERBESTED PERSONS that the City Coun- til 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 I at 7:00 o.m.The meeting will ye held In the City Council I Chambers of City Hall, 667 North Carroll Avenue,South- take, Texas. The purpose of theppublic hearing is toconsid- erCITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-129 S AMEND- ING ORDINANCE NO. 44800, SUBSCRIBED A�1D SWORN TO BEFORE M.A4E AEr"s°°vEra NGOMa= 7TH Y OF JUNE 5'�4 • i OUTHLAKE, CITY OF dz_ r , RANTING A ZONING `� ....0 • / 1 RANGE ON A CERTAIN RACT OR TRACTS OF AND WITHIN THE CITY EINGU609AACf2E5 of TARRANT COU 'TY , TEXAS AND SITUATED IN THE HOMAS M. HOOD SUP- VEY, ABSTRACT NO. 706_ ks AND MORE FULLY AND MPLETELY DE- ;(7f7.7..* CRIBED IN EXHIBIT �'A"FROM^AG"AGRICUL- ���bUREAL TO 'SF 1A" SIN- •; U 1DA i+. BtEViNSLE-FAMILY RESIDEN- IAL DISTRICT SUBJECTI �,O+1RM!SSIUN EXPIRES EI y AIINE D NNT-1 I S ORON- Ne ' i SrPTEMBER 13. 1991 HECLCCINGG OFFI OFFICIAL ZONIG P• PRESERVING ALL -TEAR ALONG THIS PERFORATION AI\I THER PORTIONSOF THE PORTION WITH YOUR PAYMENT ONING ORDINANCE;DE- ERMINING THAT THE UBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- 0 * 400 W . SEVENTH , FW , TX 76102 NG CHANGES AND • AMENDMENTS HEREIN MADEORDINANCE SHALL Fort2grth tarTel iek 1 PENALTY HEREOF PROVID-R CIT57 AMOUNT DUE 33 . 58 , +g,. LNG A SAVINGS CLAUSE; i r?',y �-/ '�";y' -'i PROVIDING FOR PUBLL __ \ �'ag;/ �' •'/"+' CATION IN THE OFFICIAL 1/ e ; 1, NEWSPAPER AND PRO- '. ,,-/ •+ PAGE F SIDING AN AFFECTIVE ATE. Ity of Southlake Texas City aSecretaryrand CITY OF SOUTHLAKE 1111 667 N CARROLL AVE PLEASE PAY 33 . 58 SOUTHLAKE TX 76092-9595 THISAMOUNT ► ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED _ _