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480-162CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -162 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 0.9441 ACRE SITUATED IN THE T.J. THOMPSON SURVEY, ABSTRACT NO. 1502, TRACT 1 B 1 B 1, 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 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 G:\0RD\Z0NING \480.162 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: G: \ORD\ZONING \480.162 Page 2 Being a 0.9441 acre tract of land situated in the T.J. Thompson Survey, Abstract No. 1502, Tract 1B1B1, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF -30" 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 or not, G:\ORD\WNING\480.162 Page 3 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 / 7 day 1995. S�VT H�4' ATTEST: � x= n= * * * CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day A 1995. -7- F. v a y ATTEST: 7 11 MMdfWA5 M—W, G: \ORD\ZONING4480.162 Page 4 APPROVED AS TO FORM AND LEGALITY: 6 ,,.) L04.w-� CITY ATTORNEY GAORMZONING480.162 Page 5 DATE: C;L -a'( -,7r EXHIBIT "A" BEING a tract of land out of the T. J. THOMPSON SURVEY, Abstract No. 1502, Tarrant County, Texas and owned by Larry J. Overby and Denise Overby by deed recorded in Volume Page Deed Records, Tarrant County, Texas and being described as follows: COMMENCING at an iron pin in the North R. 0. W. line of Continental Boulevard and the East R. Q. W line of Highway 1938, said point being East 60.0 feet from the Southeast corner of the Jesse Allen Survey; THENCE North 89 degrees 11 minutes 19 seconds East 515.0 feet to the PLACE OF BEGINNING OF TRACT BEING DESCRIBED; THENCE North 01 degrees 26 minutes 38 seconds West 381.90 feet to an 3/4" iron pin set for corner; THENCE North 88 degrees 45 minutes 17 seconds East 107.66 feet to an 3/4" iron pin found for corner; THENCE South 01 degrees 25 minutes 05 East along a fence line 382.72 feet to an 3/4" iron pin found for corner in the North R. 0. W. line of Continental Boulevard; THENCE South 89 degrees 11 minutes 19 seconds West 107.49 feet to an 3/4" iron rod found for the PLACE OF BEGINNING and containing 41,126.61 square feet or 0.9441 acre of land more or less. GAORMZONRJG\480.162 Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TUC 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 : / TOTAL AMOUNT FEB 10. 3126861 CL . 358 1X77 L 77 . 46 35 . 42 feb 10 P . O . # ORD #480-162 CITY of SOUTHLAKE TEXAS ORDINANCE NO.480-162 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCE OF THE CITY OF SOUTHLAKE TEXAS• CHANGE ON A ZONING --- TRACT OR TRACTS OF LAND WITHIN THE CITY • BEIF NG SOUTHLAKE, SITU- .-.... _....._.. ._......._..._. ATED IN THE T.J.THOMP- --- SON SURVEY, ABSTRACT NO. 1502 TRACT 1B18C 1 SIGNED AND MORE FULLY AN Oi(c):Z,C....0-1Z71)1 - SC MPL N EXHIBITDE- M �+ �C D J FROM "AG" RIITc L- E ME-, T}1IS THE 10TH ' Y OF BRUAR 1995 TURAL TO "SF-30" SIN- GLE-FAMILY RESIDEN- NOTARY PUBLIC L 414_ ....---......_._ ............. ._. _........ ._ TO TDHETSPECIFICJRE- _.. �.II f _ VIWEMENTS CON- NAINCED. ICORRIECOTRIN'g" _ _ TARR ' T COUNTY, TEXAS -- --- ----- THE OFFICIAL ZONING _ MARL PRESERVING ALL OTHER PORTIONSOF THE o.+fa owe, ZONING ORDINANCE;DE- TERMINING THAT THE -- PUBLIC INTEREST,MOR-L'f}3;1c"Z w _-- FARE DEMANDRTHE ZON- F . s ING CHANGES AND J('RtC• ,. • `•'',,AMENDMENTS HEREIN i,, 1 ,', MADE PROVIDING THAT't 19038 - --- 4�:.BEICU�MUDLAT VE F ALL per,-,_ CITY .ECEETARY ING IA SECVERABOV D CLAUSE;.PROV I D I NG FOR A PENALTY FOR VIOLA- -- f—TEAR,TIONs HEREOF;PRONTO-ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL PRO- VIDING ANREFFECTIVE DATE. REMIT TO : 400 W • SEVENTH, FW, TX 76102 Section 7.Any person firm or corporation who violates, F or disobeys, omits, negIecTs or o W rth refpsestocomplywithorwho �C T'C: r 11205? resisisiheenforcementofan ram r �� Xx � than TwolThousand nDolla ACCOUNT AMOUNT 31268 1 (S2,000 00) for each offense. NUMBER C I T 5 7 DUE 35 . 42 Each day that a violation is ppermittedtoexistshallconsti- tote a separate offense. PASSED AND APPROVED 1 F BY THE CITY COUNCIL OF O 1 THE CITY OF SOUTH- FFERRY DAYOEBUA ,1995 Gary Fickes, Mayor of Southlake Attest:Sandra L.LeGrand, City Secretary Approved as to form: E.Allen Taylor Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE 35 . 42PLEASE PAY bi. SOUTHLAKE TX 76092-9595 THIS AMOUNT lil ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 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. RIVIERA 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 RATE AMOUNT NCH/LINE JAN 22 3115794 CL. 358 1X75 L 75 . 75 56.25 JAN 22 P - O . # ORD 480-162 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the C l ty Coun- 'cll of the City of Southlake, Texas,wilibe holding a public hearing during the Regular City Council meeting��to be ginna� 0regnigt0p. . h ' meet- ing will be held in the City Council Chambers of City Hall,667 North Carroll Ave ....."---)1'4Liejell° - nue, Southlake, Texas. The ^ purpose of the public hearing istoconslderthefollowingor- SIGNED1� OP • �••'� dlnance: 0 CITY OF IBSCRIBED A D SW ORDINANCEEI48E480 62 ME , THIS THE 23'm DAY OF ANUARyr 1995 AN ORDINANCE AMEND- INGINANCE NO. 4M. NOTARY PU:LIC , �� ASAMENDED THE CO pV PREHENSIVELONINGOR- DINANCE OF THE CITY OF SOUTHLAKE, TEXAS,- GRANTING TARRANT COUNTY, TEX CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS - ATED IN THE T.J. MP- ON ND MOI2ER, ABSTRACT ACT IOAN, '�� n7 NO.N1502 TRACT IB1NI �-fr--w CI SEC►+E TTAR SOMPLEELY DE- SCRIBE!? EXHIBIT"A"- FROM AG' AGRICUL- TURAL TO "SF-30" SIN- GLE-FAMILY RESIDEN- TIAL AL TO THE DISTRICT V AND RETURN THE LOWER PORTION WITH YOUR PAYMENT jr---TEAR � SPECIFIC REQUIRE- MENTS CONTAINED IN • THIS ORDINANCE COR- RECTING THE OFFICIAL ZONING MAP- PRESERV- ING ALLTHEIR PORTIONS OF THE DETERMINIING REMI SEVENTH, FW, TX 76102 Fo rt Worth THATTHEPUBLICINTER- EST MORALS AND GEN- REMIT TO: I P.O. BOX 901051 •FORT WORTH.TEXAS 76101-2051 ERAL WELFARE DE- MAND THE ZONING, am XXXXXXX XXXXXXXXXX CHANGES AND AMEND- MENTS HEREIN MADE- ACCOUNT AMOUNT 3115794 PROVIDINGA THAT THIS NUMBER CIT57 DUE 56.25 ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES PROVIDIN A sr's SEVERABILITY CLAD E; PROVIDING FOR A PEN- OF `ALTY FOR VIOLATIONS 1 +! HEREOF; PROVIDING A SAVINGS CLAUSE PRO VIDING FOR PUaLICA- TION IN THE OFFICIAL NEWSPAPER,: AND PRO- VIDING AN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 56 . 25 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED