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480-150CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-150 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 20.0 ACRES S1TUATED iN THE HEIRS OF CHRISTOPHER DART SURVEY, ABSTRACT NO. 2003, TRACT 1, AND THE W1LLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, TRACT 3, 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 thc Texas Local Government Code; and, WHEREAS, pursuant to Chapter 21 I 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, thc hereinafter described property is currently zoned as "AG" Agricultural t ndct the Ctty s Comprehensive Zomng Ordmanc , and WItEREAS, 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 hea. ring 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 Iacilities in the area immediately sun-ounding 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 lral'fic 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 thc 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, WttEREAS, 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, WIIEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for thc 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 nf land requested 1bt a change since the tract or tracts of land were originally classified and therefore i-~els 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 ~qOUTHI~AKE, 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 2/).0 acre tract of land situated in the Heirs of Christopher D~art Survey, Abstract No. 2003, Tract 1, and the William H. Martin Survey, Abstract No. 1068, Tract 3, and more fBlly and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-lA" 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 ali 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; tn 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 Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances excep~ 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 dee~ned 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 hahmce 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 violalion 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 nol, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by lhe courts. Scction 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 fl day of 0,~.) , 1994. .,-~AYORv ATTEST: C/iTY SECRETARY PASSED AND APPROVED on the 2nd reading the day of~P~fi~. 4. ,,,Sd/AYOR r , ~ ~ ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: tl ~/9'~ ¢ ADOPTED:~ 11 EFFECTIVE: ~ EXHfBIT "A" BEING A TRACT OF LAND OUT OF THE HEIRS OF CHRISTOPHER DART SURVEY AND THE W.H. MARTIN SURVEY, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A CERTAIN TRACT OF LAND CONVEYED TO GUY A. ROBINSON BY R.B. MARTIN BY DEED DATED 18/4/41, AND RECORDED IN VOLUME 148i, PAGE 344, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A CONCRETE MONUMENT SAID POINT BEING SOUTH 89'39' WEST 1620.0 FEET AND NORTH 538.2 ~EET FROM THE SOUTHEAST CORNER OF SAID HEIRS OF CHRISTOPHER ' DART SURVEY; ' TNENCE SOUTH 89'39' WEST AND PARALLEL WITN THE SOUTN LINE OF HEIRS OF CHRISTOPHER DART SURVEY AND THE SOUTH LINE OF THE W.H. MARTIN SURVEY 1621.31 FEET TO A CONCRETE MONUMENT IN THE EAST LINE OF COUNTY ROAD 3035~ THENCE NORTN 0'32' WEST 536.64 FEET WITH THE EAST LINE OF SAID COUNTY ROAD TO A CONCRETE MONUMENT FOR CORNERj THENCE NORTN 89'39' EAST 1626.3 FEET TO A CONCRETE MONUMENT FOR CORNERj THENCE SOUTH 536.64 FEET TO THE PLACE UF BEGINNING, AND CONTAINING 20.0 ACRES OF LAND MORE OR LESS. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 "T 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 AD INVOICE NO. DESCRIPTION AD SIZE IN TOTALCH/LINE RATE AMOUNT NOV 04 8072563 CL . 358 1X81 L 81 . 46 37. 26 Nov . 4 P . O . # ORD--WW80-150 -- CITY OF S UTHLAKE,__ AS ORDINANCE NO.480-150 AMEND- ING N OO D IJNANCE NO. 480, AS AMENDED THE COM- --- PREHENSIVELONINGOR- DINANCE OF THE CITY OF SOUTHLAKE TEXAS. GRANTING A ZONINd CHANGE ON A CERTAIN - -. ._.. ..... ti TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS, BEING 20.0ACREsSITUAT- E D IN THE HEIRS OF _-- --- CHRISTOPHER DART SURVEY, 3 ABSTRACTVTRACT11, THE jIGNED • WILLIAM H.MARTIN SUR- JB ( 1118L ) . I 1 n / TRACT3STRACTND NEFUL, '1E1 THIS THE 4TH AYI NOVEMB LY AND COMPLETELY DESCRIBED IN EXHIBIT NOTARY PUBLI I -_----- "A" FROM "AG" AGRI ...._.____ l/ CULTURAL TO "SF-lA SINGLE-FAMILY RESI- DENTIAL DTHERSPTECIF C ik"A RANT COU T TEXAS REQUIREMENTS CON- TAINED N THIS ORDI- NANCE,. CORRECTING THE OFICIAL ZONING _ _ MAP PRESERVING ALL .rrY"q OTHERPORTIONSOF THE A t6j�r�A + --- ZONINGORDINANCE;DE- ? LINDA K. BLEVINS i FFICE OF PUBLIC THAT THE �� '� COMMISSION_EXPIRES FFICE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- INGEDCHANGES EAND 'MBE �.+- SEPTEMBER 13, 1997 CI • SECC:_T�6 Y AMENDMENTS HEREIN `w MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL TEAR ALON ORDINANCES- PROVID-4ND RETURN THE LOWER PORTION WITH YOUR PAYMENT ING A SEVEKABILITY �� CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- TIONS HEREOF PROVID- ING PROVIDING GS FOR P CLAUSE; REMIT TO : 400 W . SEVENTH, FW , TX 76102 FOR PUBLI- NEWSPAPETHE EAND (CIAL PRO- VIDING AN EFFECTIVE • SectionDo comply o ply won,flrmori �^741:I l O' �- XrXcX MOM �( (XX OXI-2051� Fort8Qrthsobeys,omi who violates,orDATE. omitspp,neglects or re- resiststheentorcemenith tofr anYy ram ACCOUNT AMOUNT of the provisions of this ordi- NUMBER C I T 5 7 DUE 37. 26 nance shall be fined not more than Two Thousand Dollars ($2,000.001 for each offense. 1 Each day that a violation Is permitted toexlstshaliconsti- lute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE THIS THE 1ST DAY OF WIN/EMBER,1994. is/Gary Flckes Mayor of South(ake Attest: /s/Sandra L.LeGrand City Secretary Approved as to Form: /s/E.Allen Taylor,Jr., CIty Attorney CITY OF SOUTHLAKE 1 667 N CARROLL AVE 37 . 26 SOUTHLAKE TX 76092-9595 PLEASE PAY , THIS AMOUNT A T T N : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TUC_ STATE OF TEXAS anty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPT�*: x H/LiNE p„ :A�- AMOUNT OCT 21 3071128CL • 358 M 1X77 L 77 . 46 35 . 42 Oct 21 P . O . # ORD #480-150 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- " 4CII of the City of Southlake Texas,will be holding a public hearing during the Regular City Council meetingto be r-_ held on Novembera 1t 99he4, inggin will t7 held I. the • Council Chamb rs of I y Hall,667 North Carroll Ave- ---" - nue, Southiake, T xas. The urpose of}he publ Tr as. A&O)2;.)27.Wdee-0/6 PS to consider thefollowingor- dinance: CITY OF SIGNED SOUTHLAKE TEXAS _ -- UBSCRIBED AND S ORDINANCE N0.48015p _ ME , 'h=�TS�THE 21ST AY ��CTOg 1994 AN ORDINANCE AMENq8Dp- ING ORDINANCE NO. 480,, NOTARY PUBLIC • (c . ,/, ' AS AMENDED THE CCp M PREHENSIVELONINGOR- INANCE OF THE CITY -� OUTHLAKE TEXAS RANTING A ZONING HALT OR A CERTAIN TARRANT Cc 'TY, TEXAS RACT TRACTS OF _ pND WITHIN THE CITY ED NI H2L0-1 FIEsu-OF r s-$?.'?`, , -UNDA II.-BtEVtt HRISTOPHER DART "�;= r,, URVEY ABSTRACT T NO. +S. I! •,i OFOFFICEOF ILLIAMHT/NARTIN uIi #% A " COMMISSIONp =XP1iRES f ICE VEY ABSTRACT NO. 1068, # 1h?sF 1�'h- SjEPTEMBER'I�1 TTLRACT3 AND MORE FUL- �.,\o�,r CITY SECcETARY ESCRIBEDOINPEECHEBIT "A" FROM "AG" AGRI- €ULTURAL TO "SF-lA"II TEAR F i/ENTIAL DISTIRICT sus-DN AND RETURN THE LOWER PORTION WITH YOUR PAYMENT �— REQUIREMENTS� I �, CON- TAINED IN THIS ORDI- NANCE- CORRECTING THE GNALL REMIT TO : 400 W . SEVENTH , FW, TX 76102 OTHER PORTIONSOF THE ZONING ORDINANCE;DE- TERMINING THAT THE For WArt h PUBLIC INTEREST AAOR- REIN FE Wi7 T(O; 1-2051 ALS FARED MEND T E WEL-ZON- ING ra � � X XXX X��I �'x JP FARE DEMAND THE THE ING CHANGES AND AMENDMENTS HEREIN ACCOUNT ADVENT 35 • 42 O71 $ MADE PROVIDING THAT NUMBER C I T 5 7 k.\\,4(iri"et .,," GRID NANCESVPROVID ING A SEVEI2ABILITY CLAUSE;PROVIDING FOR 1 1 A PENALTY FOR VIOLA- OF TIONS HEREOF- PROVID- ING A SAVINGS`CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER- AND PRO- VIDING AN EFFECTIVE DATE. of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 35 . 42 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED