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480-142CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-142 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 0.862 ACRES OF LAND S1TUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, TRACT 2A01B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBiT "A" FROM "AG" AGRICULTURAL TO "SF-30" 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 1N 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 City Council of the City of Southlake, Texas, further considered among other things the settlement agreement by and among the City of Southlake, the Federal Aviation Administration, the Dallas/Fort Worth International Airport Board, American Airlines, Inc., and Delta Air Lines, Inc., made effective as of March 14, 1988, as well as Airport Compatible Land Use Zoning Ordinance No. 479, adopted at the City of Southlake, Texas Regular City Council Meeting of March 6, 1990, and has determined that the respective changes in the zoning classification for the tract or tracts of land should be made in accordance with such agreement and ordinance; 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 Southlakc, 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 i~nproved 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 ~n 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 ILcls that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and arc in thc 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: Lot 1, E.C. White Addition, being a 3.122 acre tract of land situated in the Thomas Easter Survey, Abstract No. 474, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-I" Single-Family Residential District. This property is located in the noise contour established for DFW Airport. Therefore, in addition to the regulations contained in Ordinance No. 480, as amended, this property is subject to the Airport Overlay Zone regulations set forth in Airport Compatible Land Use Zoning Ordinance No. 479. ection 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 reinain 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 coInmunity. 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 ~nade 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 §outhlake, 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 proviZ'ions 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 thc balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or mt'uses 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 ordained. publication as required by law, anditisso ~~:~ PASSED AND APPROVED on the 1st readin ATTEST: ~ITY SECRETARY Page 4 PASSED AND APPROVED on the 2nd reading theo~ day of/~ ATTEST: dlTY SEcRET~Ry APPROVED AS TO FORM AND CITY ATTORNEY LEGA~ DATE: ADOPTED: Ptge 5 EXHIBIT "A" LOT 1, E.C. WHITE ADDITION TO THE CITY OF SOUTHLAKE TARRANT COUNTY,. TEXAS, BEING A TRACT IN THE THOMAS EASTER SURVEY ABSTRACT NO. 474, TARRANT COUNTY, TEXAS, AND BEING A PORTION 0T THE TRACT DESCRIBED IN A DEED TO E.C. WHITE AND WIFE ZADA WHITE OF RECORD IN VOLUME 7525, PAGE 2268, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING THENCE at a 5/8" iron found at the~ Southeast corner of Lot Il, Meadow Oaks Subdivision in the City of Southlake, as shown on a plat of record in Volume 388-129, Page 39, Plat Records, Tarrant County, Texas; N. 0°-12'-00"w. 753.20 feet along the East line of said subdivision to a point in same for corner: THENCE S. 52°-1l'-07"E. 452.71 feet to a point in the Westerly line of Crooked Lane for corner; THENCE along the westerly line of said Crooked Lane the following courses and distances; S.32o-37,-00,.W. 40.00 feet to a pipe found, S36o-16'-00"W. 340.90 feet to a pipe found, S. 40o-04'-00"W. 138.00 feet to a pipe found,and S.34O-47,-00-W. 75.00 feet to the POINT OF BEGINNING and containing 3.122 acres. Page 6 tort Worth itar=lelegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 T''r 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 : CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-142 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- ' PREHENSIVELONINGOR- TOTAL DATE AD INVOICE NO. DE: DINANCEOF THE CITY OF AD SIZE INCH/LINE RATE AMOUNT GRANTING TEXAS,. SEP 231 8047741 CL • 358 TRACTERNROTC CERTAIN 1X78 L 78 . 46 35 . 88 LAND WITHIN THE CITY Sept • 23 BEING O862 ACR TEXAS LAND SITUATED IN THE ABSTFREEMAN ACT NO. 22 SURVEY 1 FULLY AND"COMPLETE LY DESCR IBED IN EXHIB- IT"A"FROM"AG"AGR I- CULTURAL TO 'SF-30" SINGLE-FAMILY RESI- DENTIAL _._.. -..- _.. J DTHERSPE'CIF SUB- , CON- TAINED IN THIS ORDI- NANCE CORRECTING THE OFFICIAL ZONING • MAP. PRESERVING AL ONRNpek pEH ZOINGODIANC E T gRLMINING RTHAT 'HE ........... ............. .............. ..,.. ................. .............. ................. ALS AND GENERAL WEL- FARE DEMAND THE ZON-,D / UBSCRIBEDING CHANGES AND MID SWORN T<v�pEPPROVIDINGTHATHIS THE 23RCAY OF, SEPZ`EMB R "`1994 ' BE CUMULATIVE OFAL NOTARY PUBLIC ,_,✓ -ORDIN THIS 6RDINANCE SHALL PROVID- ING A SEVER;PROVI PROVIDING R /I—�J /�j CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- / TARRANT COU ' , TEXAS TIONS HEREOF,. PROVID- __ ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER• AND PRO- _-"v�`��� $f VIDING AN AFFECTIVE +���0."'�•!!s411 ---.--.-..--.....-.-.. DATE. %, LINDA K. BLEVINS corpoSectioratio 7. n nwho violates, i- 01 '� y COMMISSION EXDIRES corporation who violates,di- (r� sobers,omits,neglects or re- 4'f h fuses to comply with or who �'�,, •-��-.4"-SEPTEMBER 13, 1997 resists theenforcementofany # ..-..aF`�sr of the provisions of this ordl- / Hance shall be fined not more than Two Thousand Dollars 02,000.00) for each offense. ach day that a violation Is -"-"— TEAR ALONG THIS Per a seedto a offense onsti- URN THE LOWER PORTION WITH YOUR PAYMENT PASSED THCIITY COUNCIL APPROVED� THE CITY OF SOUTH- OFSEPTEMBER,1994DAYI REMIT TO : 400 W . SEVENTH, FW , TX 76102 /s/Gary Flckes Mayor of Southlake ' Attest: Fort WorthStar Sandrt ; ; L CCOUNTTO:Citypy S 1/San r LCity Attorney MNUMBERr C I T 5 7 AMOUNT 35 . 88 8047741 DUE % , ' . PAGE �F 1 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 35. 88 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TUr 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 TOTAi r SAD INVOICE NO. DESCRIPTION AD SIZE RATE AMOUNT INCH/LINE SEP 09 3042563 CL . 358 1X74 L 74 . 46 34 . 04 SEPT 9 P . O . # ORD #480-142 I _ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southlake, Texas,will be holding a public hearing during the Regular City Council meeting to be — heldon September 20 1994,be- ginningt- Ing will held In abe t Othe City Counc6 Chambers ar of ClC u it Cham Carrolle ,/�'//_'` Ave- nue, Sose of take, Texas. The /1 purpose of the public hearing `�'�.. Is to consider the following or- S'IGNE 1 dlnance: JBS RIBED A D SWO SOUTHLAKEOTEXAS 1E , THIS THE 9Th DAY OF SEP R 1994 ORDINANCE NO.480-142 AAS AMENDED THE COM- NOTARY PUBLIC ,v‘da__. / • P EHHENS VELON NGOR � SSOUTHLAKEHETEXAS,- "^` TARRANT COON , TEXAS _- GRANTING A ZONING _..... r '4- TRACTEOFNTRACTS OF is %2'`.. LAND WITHIN THE CITY .. OF SOUTHLAKE, TEXAS (RCS t14t, BEING 0.862 ACRES OF 997 4rd•a LAND SITUATED IN THE I ' ABSTFREEMAN ACT NO. 22 TRACT 2A01B AND MORE FULLY "'lb'COMPLETELY DE- _.. _..... _... SCRIBED IN EXHIBIT"A" FROM "AG" AGRICOL- I TURAL TO"SF-30"SINGLE In i , 0 FAMILY RESIDENTIAL TTHE SPETC'IFIC REQUIRE TEAR AL( THIN SO CONTAINED IN TAINEDOI AND RETURN THE LOWER PORTION WITH YOUR PAYMENTTh • RECTING THE OFI IC1,AL ZONING MAPj PRESERV- ING ALL OTHER POR- DINANCETDETEORMINING REMIT TO : 400 W . SEVENTH , FW, TX 76102 THAT THE`PUBLIC INTER- EST WELFARE GDEr . - 1 MAND THE ZONING rriv T T7: w R.X.X3RYNXJX'kX XN1( I,XT )0n01-2051 CHANGES AND AMEND- MENTS HEREIN MADE 0� PROVIDINGI SHAL BE yCU rarn ACCOUNT AMOUNT 0 MULATIVE OF ALL OR NUMBER C I T 5 7 NANCES- PROVIDING A DUE 34 . 04 SEVERA(3ILITY CLAUSE; PROVIDING FOR A PEN- ALTY FOR VIOLATIONS 1 HEREOF; PROVIDING A I SAVINGS CLAUSE. PRO- OF VIDING FOR PUBLICA- TION IN THE OFFICIAL NEWSPAPER- ND PRO- VIDING AN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ♦ 667 N CARROLL AVE IPLEASEPAY 34 . 04 SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED