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480-159CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-159 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 6.192 ACRES SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO. 350, TRACT 1C1D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF -IA" 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 GAORDVONING\480.159 Page 1 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: GAORMZONING \480.159 Page 2 Being a 6.192 acre tract of land situated in the J.W. Chivers Survey, Abstract No. 350, Tract 1C1D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-IA" 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 GAORI)VONINGW80.159 Page 3 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 lst reading the of , 1994. PI N # I ATTEST: YSECRETARY PASSED AND APPROVED on the 2nd rez y 3**4 of S oI/ 9� A TTEST: ITY SECRETARY G:\0RD\Z0NWG \480.159 Page 4 APPROVED AS TO FORM AND LEGALITY: t,i /& - CITY ATTORNEY DATE: - I l - ADOPTED: 640XAJA4 EFFECTIVE: G:\0RD\Z0NING \480.159 Page 5 BEING a tract of land out of the J.W. Chivers Survey, Abstract No. 350, Tarrant County, Texas, and being situated in the Town of Southlake, and being that certain tract of land described in a Deed recorded in Volume 5033, Page 906, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a P -K nail set at the intersection of the centerline of Dove Road (60' implied R.O.W.) and the centerline of Ridgecrest Road (40' implied R.O.W.), said point also being in the south line of said Chivers Survey; THENCE N. 01'10'31" E., along the centerline of Ridgecrest Road a distance of 1274.00 feet to a 50d nail found for corner; THENCE N. 86'57 E., at 20.00 feet passing a 3 inch metal fence corner post in the implied east R.O.W. of Ridgecrest Road and continuing in all a distance of 316.54 feet to a 5/8" iron rod for corner, said point being in the south line of the Thomas A. Koen tract and being the northwest corner of the J.M. Shelton tract; THENCE S. 88'26'22" E. along the west line of said Shelton tract a distance of 386.16 feet to a 3 inch metal fence cornerpost for corner; THENCE S. 88'26'22" W., continuing along the interior north line of said Shelton Tract a distance of 163.92 feet to a 3 inch metal fence cornerpost for corner; THENCE S. 01'00'54" W., continuing along the west line of said Shelton Tract a distance of 900.00 feet to a P -K nail set in the centerline of Dove Road, said point also being in the south line of said Chivers Survey; THENCE S. 89'57'55" W., along the centerline of Dove Road and the South line of said Chivers Survey a distance of 164.99 feet to the Place of Beginning and containing 6.192 acres of land. GAORMON1NGM0.159 Page 6 tort Worth itarFeIegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THF" STATE OF TEXAS 1 ity 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 DEC 23 3102558 CL . 358 1X77 L 77 . 46 35. 42 dec 23 P . O . # ORD #480-159 CITY OF DN CEEE&F5ORANNO419 AN ORDINANCE AMEND I ING ORDINANCE NO. 480.I. AS AMENDED THE COM PREHENSIVEZONINGOR . DINANCE 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 6.192 ACRES SITU- ATED IN THE J.W. 2\.(7:LU-,747M/7 -4--Aice--'4c - E-.. STRACT NO. 350E TRACT SIGNS1C1D, ANDMORE FULLYBS RIBED ADD SCRIBEDIINEXHIBITPA'Z ME, THIS THE 27Th DAY OF DECEMBER 1994 FROM MILY AGRICUL- TURALEEN / % TO "SF-1A" SIN NOTARY PUBLIC „//� r,Nll` SIN- GLE-FAMILY RESIDEN- TIAL THETSPECIFICJRE- 7AIINED IN RE- QUIREMENTS TARRANT COUNTY , TEXAS THE OFFICIIAL ZONIING MAR, PRESERVING ALL OTHER PORTIONSOF THE ZONING ORDINANCE;DE- ERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING CHANGES AND 0 FICE OF S oRDINANCE SHALL T DE- PROVIDING THAT CITY EC►ETARY GRICUMULATIVE NAN ETS EPROVID ING A SEVEI2ABILITY --- CLAUSE;PROVIDING FOR - f TEAR AIPENALTY NN ALT Eo O VIOLAPROVID- PION AND RETURN THE LOWER PORTION WITH YOUR PAYMENTT —� ING A SAVING CLAUSE; PROVIDING F R PUBLI- CATION IN THE OFFICIAL N WsPAPER�AND - REMIT TO : 400 W . SEVENTH , FW, TX 76102 IDING DATE. Sect Ion 7.Any person firm - or corporation who violates, XX X XiXA X J(\X FX XEX< � X1�1-2051 Por% pj th `risobeys, omits neglects or F,�!l/I1 ',(;; �► refusesy mthorwhy ram resists t sestoc provisions of thtofany of the provisions of this ordY IF Hance shall be fined not more NUMBERCOT C I T 5 7 AMOUNT 35. 42 1 Man Two Thousand Dollars UE (S22,000.00/ for each offense. Each day that a violation Is pe}emistt�epdtoe lsttsshhaall onsfl- - - tPuASSED AND APPROVEDp se, 1 1 THEHCITYYOFUSOUTH- OF LAKE, THIS THE 20TH OF' DECEMBER,1994. Gary Flcices, Meyo oSSfa nSdourhLa.kee Grand. City Secretary Approved as to form: I E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE 35. 42 1 SOUTHLAKE TX 76092-9595 PLEASE PAY 1 . THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth tar1ëIegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 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 f AD SIZE"-- ,,H A% I- RATE AMOUNT DEC 09, 3096525 ''CL . 358 1X74 L 74 . 46 34 .04 de:: 9 P . O . # ORD #480-159 NOTICE OF —PUBLIC HEARING 1 NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONS that the City Coun- cil of the City of Southiake, Texas,will beholding a publ Ic hearing during the Regular City Council meeting to be hel d on December 20 1994,be- ginningat7:000.m.(he meet- • ing will be held in the City Council Chambers of City I Hall,667 North Carroll Ave- i(Oad64027I nnpue, Southiake, Texas. The — Isto purpose }he toiloweng r9- / dinance: / SOUTHLAKTYE.TEXAS S I G N E D BSCRIBED A(�D SW*'ANRORDIINAN E°A4M80END- ME, THIS THE 9TH DA OF DE D I:ER 1994 / ING ORDINANCE NO. 4 - NOTARY PUBLIC AS AMENDED THE COM- PREHENSIVEZONINGOR- / ,, • DINANCE OF THE CITY OF • / SOUTHLAKE TEXAS,. GRANTING A ZONING CHANGE ON A CERTAIN TA,RRANT COUNTY , TE AS TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING 6.192 ACRES SITU- ATED IN THE J.W. CHIVERS SURVEY AB- STRACT NO. 350_ TRACT 1C1D, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT"A" - - - - FROM "AG" AGRICUL- TURAL TO "SF-IA" SIN- GLE-FAMILY DISTRICTRSUBJECT TO THE SPECIFIC RE- - - -� UIREMENTS CON- -TEAR ALOI IAAINEE IN CTHISORDI-�G AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� THE OFFICIAL ZONING OTHEPRESERVING PORTION O ALLE ZONING ORDINANCE;DE- PUBLICNIINTEREST, REMIT TO : 400 W . SEVENTH, FW, TX 76102 MOR- ALS AND GENERAL WEL- HE ZON- Port WorthSt 'FAREDEMANDTGTHAT ING CHANGES AND am REMIT TO: P Q��`1 GF 8LT 1g1-2051 AMENDMENTS HEREIN X /�/lX/l�/�/ku1A/1A /1 MADE PROVIDING THAT THIS ORDINANCE SHALL �� BE CUMULATIVE OF ALL ACCOUNT AMOUNT 3096525 IINGIA SEVERABIILIID- Y NUMBER CIT57 DUE 34 . 04 CLAUSE,.PROVIDING FOR A PENALTY FOR VIOLAT- - -- A SAVIINGSOCLAUOSE;PIRG . VIDING FOR PUBLICA- • I TION IN THE OFFICIAL NEWSPAPER, AND PRO- VIDING AN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE r 667 N CARROLL AVE PLEASE PAY lb, 34 . 04 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED