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480-148CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-148 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 LOTS 1 AND 2, J. CHILDRESS NO. 253 ADDITION, AND BEING 6.002 ACRES SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 253, TRACT 1H, 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 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 lhe Texas Local Govermnent 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 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 thc City Council did consider the folk)wing 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 expecled 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 'ail 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, WItEREAS, 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 lhat thc 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 thc city of Southlake, Texas. and helps promote thc general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF §OUTHLAKE, 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 Lots 1 and 2, J. Childress No. 253 Addition, and being 6.002 acres situated in the John Childress Survey, Abstract No. 253, Tract 1H, 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 ~nade after a full and complete hearing with reasonable considerafion 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 tbe 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 ol' 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 o~. 19~,94. CITY SECRETARY PASSED AND APPROVED on the 2nd reading tt~ ATTEST: ~ITY k~CRETARY APPROVED AS TO FORM'AND LEGALITY: EXHIBIT "A" THAT WHEREAS, John Smart and wife Malinda Smart, are the owners of a tract of land in the John Childress Survey, Abstract No. 253, situated in Tarrant County, Texas, and being the Tract described in a deed to John Smart and wife Malinda Smart of record in Volume 11641, Page 2001, Deed Records, Tarrant County, Texas, said Smart tract being a portion of a tract described in a deed to Mrs. D. O. Fanning of record in Volume 2232, Page 35, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron found in the South R.O.W. line of Randol Mill Road, said point being the Northeast corner of a tract out of said Fanning tract described in a deed to J. B. Brown etux, of record in Volume 3470, Page 23, Deed Records, Tarrant County, Texas, said point being, by deed call, 239.3 feet varas North, 150.4 varas East, North 929.1 feet and N. 88° 30' E. 616.7 feet from the Southwest corner of said Childress Survey; THENCE N. 88° - 04' 34" E. along the South line of Randol Mill Road 213.86 feet to a 1/2" iron set for corner; THENCE S. 30° - 37' - 41" E. 140.70 feet to a 1/2" iron set for corner; T. SE S. 1° - 30' E. 820.86 feet to a 5/8" iron found at the Southeast corner of the above referenced Smart tract; THENCE S. 89° - 27' 14" W. 282.39 feet to a 1/2" iron found at the Southeast corner of the tract described in Volume 3470, Page 23, above referenced; THENCE N. 1° - 30' W. 937.48 feet along the East line of the last referenced tract to the POINT OF BEGINNING and containing 6.002 acres. Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TuE STATE OF TEXAS unty 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 : TOTAL DATE 1 AD INVOICE NO. DESCRIPTION AD SIZE INCH;LINE f RATE AMOUNT OCT 07 3061662CL • 358 1X76 L 76 ! . 46 34 . 96 act 7 P . O . # ORD #480-148 TSOUTHLAKE OTEXAS ORDINANCE 480-148 AN ORDINANCE AMEND G ORDINANCE NO. 480, AMENDED THE COM- PREHENSIVEZONINGOR- IINANCE OF THE CITY OF RANTING EA ZONINSG, - -- - i HANGE ON A CERTAIN RACR OR TRACTS OF ND WITHIN THE CITY • F SOUTHLAKE, TEXAS ' EING LOTS 1 AND 2, J. HILDRESS NO. 253 ADDI- ION AND BEING 6.002 YA CSBITULRAEED S S ON S.TH - SIGNED M E, T H I THE O F UBSiCRIBED AND SW TRACT 1H AND MORE 7TH y OCTOBE 1994 FULLY ANb COMPLETE-I LYDESCRIBEDINEXHIB- '� 1 IT"A"FROM"AG"AGRI-! NOTARY PUBLIC I CULTURAL TO"AG" �- ' SINGLE-FAMILY REST- JJECT ITO DTHERSPECIFB REQUIREMENTS CON- TARRANT CO NTY, TEXAS TAINED IN THIS ORDI- NANCE- CORRECTING THE OFFICIAL ZONING MAP PRESERVING ALL pY p`� OTHER PORTIONSOF THE �• •"••-.I --- ZZONINGORDINANCE;DE- SP ' ��4r LINDA K. BLEVINS PULBIC ING THAT THE 5 PULBIC INTEREST,MOR- #J 4 "% COMMISSION EXPIRES ALS AND GENERAL WEL i� �' FARE DEMAND THE ZON- ING /h. -r CHANGES AND h1�F• et' SEPTEMSER 13, 1997 AMENDMENTS SHALL BE `,9sF1- CUMULATIVE OF ALL OR- DINANCES PROVIDING A SEVERABILITY CLAUSE; —TEAR ALO PROVIDIN VIOLAT N5 AND RETURN THE LOWER PORTION WITH YOUR PAYMENT • HEREOF; PROVIDINGA SAVINGS CLAUSE- PRO- VIDING FOR PUBLICA- TION IN THE OFFICIAL VIDVING ANR�FFEDCTIVE REMIT TO : 400 W . SEVENTH, FW , TX 76102 DATE. Section 7.Any person firm or corporation who violates, ;C'�P1!IT TO: � 1 1-2051 Fort worth St disobeys, omits, n Iects or ram _ XE x9Qi1061xFCORT.1(LLORLhI.7.fiXASa6 0 refuses tocomply with or who n Jl Jl 1l 1l J�Jl 1l 1�1�Jl 1l 1l 1�Jl J� resists theenforcementotanyy of the provisions of this ordi- nance shall be fined not more ACCOUNT AMOUNT 3061662 .than Two Thousand Dollars NUMBER C I T 5 7 DUE 34 . 96 (52,000.00) for each offense. Each day that a violation Is permitted toexist shallconstl- lute a separate offense. PASSED CITYDCOUNCIILOF ' 1 THE CITY OF SOUTH- LAKE THIS THE 4TH DAY OF OCTOBER,1994. Gary FIckes, Mayor of Southiake Attest: Sandra L. LeGrand, City Secretary I Approved as toform:E.Allen Taylor Jr.,City Attorney CITY OF SOUTHLAKENI 667 N CARROLL AVE PLEASE PAY 34 . 96 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 "7 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 ire AD INVOICE NO. DESCRIPTION AD SIZE TOTAL LI PATE AMOUNT CN:LINE ---- —-- — —SEP 23 8047712 ' CL . 358 1X74 L 74 . 46 34 . 04 IlSept . 23 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that theCIty Coun- cil of the City of Southlake, Texas,wlllbeholdinga public ' hearing during the Regular CIty Council meeting to be held at 7 00fop.m.The ,eegnng- wlll beheld In the City Council Chambers of City Hall, 667 North Carroll Avenue,South- lake,Texas. The purpose of the he following oldin nc s: , ....)/t(....A4'Vit. er the following ordinances: CITY OF SOUTHLAKE, TEXAS ANRORDIINANCE AMEND- ING ORDINANCE NO. 480, SIGNE UBSCRIBED AI PREHENSIVEfONING R--FORE ME , T I THE 23RD AY 0 SEPTEMBER, , 994 DINANCE OF THE CITY OF SOUTHLAKE, TEXAS NOTARY PUBLIC GRANTING A ZONNG� I CHANGE ON A CERTAIN �� ' ..� TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS TARRANT COON , TEXAS BEING LOTS I AND 2 CHIL- DRESS NO.253 ADDITION ��.. AND BEING 6.002 ACRES SITUATED IN THE JOHN kZ:)iiii CHILDRESS SURVEYAB- K. BtfVINSSTRACTNO.253TRACI IH, PLEND FULLY CRD COM ION EXPIRESEXHIBI Y DESCRIBED INAGRICULTURALOTO'"S - R 13, I997 lA"SINGLE-FAMILY RES- IDENTIAL DISTRICT,SUB- JECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- THE OFFICORRECTING ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT 0� MAP- PRESERVING ALL - OTHER PORTIONSOFTHE ZONING ORDINANCE;DE- PUBLICNINTERESTTMOR ALSANDGENERALWEL- REMIT TO : 400 W . SEVENTH, FW, TX 76102 FARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN �� � � MADE PROVIDING THAT }�EPJ!IT TC1:rortWortl IIORDINANCES' ABILI D legrarri E 1I ABILITY ACCOUNT AMOUNT 8047712 CALPENALTYOFOR VIOLA NUMBER C I T 5 7 DUE 34 . 04 TIONS HEREOF;PROVID- ING A SAVINGS CLAUSE; ; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL 1 NEWSPAPER. AND PRO- IGEF VIDING AN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 34 . 04 SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED