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480-165CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-165 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 18.03 ACRES SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, TRACT 7C, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZON1NG 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 (;ode; 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 thcilities 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 Sonthlake, 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 them 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, TIqEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHkAKE, 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 18.03 acre tract of land situated in the J.J. Freshour Survey, Abstract No. 52l, Tract 7C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-20A" Single-Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B." 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, 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 of~,O~ , 1995. }~:~- ATTEST: ti'TV SECRETARY APPROVED AS 'FO FORM AND LEGALITY: CITY ATTORNEY EXHIBIT "A" A tract in the J. J. Freshour Survey Abstract No. 521, located in Tarrant County, and embracing a portion of the (called) 19 acre tract described in the deed to Royal E. Smith, Jr. recorded as Tract 1 in Vol. 4077, Pg. 427 of the Tarrant County Deed Records and described as foll6ws: BEGINNING at a point in the north right-of-way line of Johnson Road, said point being 3167.5 feet West of and 15 feet North of the Southeast Corner of the said Freshour Survey; THENCE West along the north right-of-way line of Johnson road, 490.9 feet to an 'X' set in concrete; THENCE North leaving said right-of-way, 168.39 feet to a 5/8 inch iron pin set for corner; THENCE East 163.7 feet to a 5/8 inch iron pin set in the west line of said Smith tract and also being in the east line of Vista Trails Addition recorded in Vol. 388-95, Pg. 3, Plat Records, Tarrant County, Texas; THENCE North along the east line of said Vista Trails Addition, 1069.41 feet to a 1/2 inch iron pin found at the Northwest corner of said Smith tract; THENCE North 89 degrees 14 minutes 21 seconds East along the north line of Smith tract 655 feet to a 1/2 inch iron pin found for corner; THENCE South 00 degree 00 minute 56 seconds West along the east line of said Smith tract, passing a 1 inch iron pin found at 1,220 feet, in all 1,246.50 feet to the Place of Beginning and containing 18.03 acres. EXH] B'fT RIDGEI~OOD I Ordinance No. 480 165 Page 7 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE 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. TOT AMOUNT MAR 10 3142337 CL . 358 1X72 L 72 .46 33.12 mar10 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PERSONSthat the City Coun- cil of the city of Southiake, Texas,will beholding a public __... ..._.._____ .._-.. hearing during the Regular City Council meeting to be -_-- held on March 21 1995,begin- ning at 7:00 pm.the meeting will be held in the City Council -- Chambers of City Hall, 667. North Carroll Avenue,South- lake, Texas. The purpose of the public hea ringls toconsid- • er the following ordinance: ---- ----- --- --- --------- CITY OF SOUTHLAKE, TEXAS .....-.._._..._. ....._...... ORDINANCE NO.480-165 AN ORDINANCE AMEND- i /� .c.-XL.YAC%-- ING ORDINANCE NO. 480,IGNED 1BSfRIBED A Is WTOR PREHENSDIVELONINGOR-E, THY 995 DINANCE OF THE CITY OF GRANTINGTEXAS, NOTARY PUBLIC. GRANTING SOUTHLAKE. ZONIN CHANGE ON A CERTAIN __. TRACT OR TRACTS OF LAND WITHIN THE CITY TARRANT COUNTY, TEXAS OF SOUTHLAKE TEXAS EDIINTHE3 J.J. RESHOUR^�� SURVEY ABSTRACT NO. 521,TRACT 7C,AND MORE(tdez FULLY AND COMPLETE- ----- — - - LY DESCRIBED IN EXHIB-ices _.... IT"A"FROM"AG"AGRI- CULTURAL TO"AG" SINGLE-FAMILY RESI-JJ$ DENTIAL DISTRICT SUB- r4""- - JECT TO THE SPECIFIC^,V,t, - -- ------- pA_ Q fir' t• REQUIREMENTS EIN THIS Srv� S�C,.ETARY ORDI- NANCE,- CORRECTING THE OFFICIAL ZONING OTHER PORTION OF THE -TEAR ALONI ZONING ORDINANCE;r+ D-ND RETURN THE LOWER PORTION WITH YOUR PAYMENT-� E PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING CHANGES AND AMEND ROVIDINGRTHAT REMIT TO : 400 W . SEVENTH, FW, TX 76102 MADETHIS ORDINANCE SHALL BE CUMULATIVE OF ALL Fort3 Wprth t ONOVIDREb�iT205CLA PG FOR LA PLOVIDVIOLA- OEOVIDACCOUNTAMOUNT PROVID- ING A SAVINGS CLAUSE; NUMBER CIT57 DUE 33. 12 PROVIDING FOR PUBLI- CATION IN THE OFFICIAL yrr NEWSPAPER AND PRO- ,' . ', t VIDING AN EFFECTIVE //' City of Southiake Texas E. 1 �, Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE 33. 12 1 PLEASE PAY SOUTHLAKE TX 76092-9595 THIS AMOUNT , ATTN : PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W. SEVENTH STREET•FORT WORTH,TEXAS 76102 THE 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. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCHNNE MAR 24 3150822 CL . 358 1X77 L 77 . 46 35. 42 mar 24 F SOUTHLAKE TEXAS -_---- - ORDINANCE NO.480-165 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, ASAMENDED THE COM- __ __ PREHENSIVEZONINGOR- -DINANCE OF THE CITY OF SOUTHLAKE TEXAS GRANTING A ZONING CHANGE ON A CERTAIN _... _..... _.. TRACT OR TR T OF _... bg''SOUTHLAK E;TE XAS BEING 18.03 ACRES SITU- ATED IN THE J.J. FRESHOUR SURVEY AB- ._.-.__..__._-.. _-.. __.. .... _ STR ACT NO.521,TRACT 7C .. AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT"A" _ _.FROM 'AG' AGRICUL- TURAL TO "SF-20A" SIN- GLE-FAMILY ... RESIDEN- TIAL CL TIAL DISTRICT SUBJECT NEy7� TO THE SPECIFIC RE -- N THIS THE 24TH UIREMENTS CON-- }.� CH, 995 RE- TAINED IN THIS ORDI- NANCE, CORRECTINGIIII THE OFFICIAL ZONINGL NOTARY PUBLIC`17rY—O -- --- --- /n /I MAPEPNFTOTHRORTIO O HE ZONING ORDINANCE;DE- PUBLICNIN EING REST,MOT E TAR ANT COUNTY , TEXAS ALS AND GENERAL WEL- FARE DEMAND THE ZON- - - -- "- ING CHANGES AND _tiN. AMENDMENTS HEREIN -' ,%d:' MADE PROVIDING THAT �.' THIS oRDINANCE SHALL ORDINANCESV CUMULATIVE Y , F CILUASESPRO IDING FOR OFFICE OF q� .._ :'- TIONS HEREOF PROOVID-�v7 CITY SEG►.�TAIR' ING A SAVINGS CLAUSE;, PROVIDING FOR OFFICIAL PUBLI- CATION I NEWSPAPER AND PRO- VIDING AN EFFECTIVE . DATE f—TEAR ALONG T 1 RETURN THE LOWER PORTION WITH YOUR PAYMENT Secrion a.Any person,firm — or corporation who violates, disobeys,omits, neglects or refuses to comply with or who resists theenforcementof any `q. of the provisions of thisordl- REMIT TO : 400 W . SEVENTH , FW, TX 76102 nance shall be fined not more thant Two Thousand Dollars Each 2,0.00) for a violefion s \' Fort t permittedtoeXlstshallconsti- I F:E:N;I'; :t:1: ►(#Q )D(46�4�d)(KdE (9V F)Q p(}r g('p0 t 2051 a'tote a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF am THE CITY OF SOUTH- ACCOUNT CIT57 AMOUNT 35 . 42 /' LAKE THIS THE 215T DAY NUMBER DUE ,, `�T:„ 'P' OF M/�RCH,1995 �-d/ Gary Fickes, — ---------. -..--. ---- 5 Mayor of Southlake _ Attest:Sandra L.LeGrand, 1 . ``fir Cify Sx d as rY t ti� t Approved as to form: E.Allen Taylor Jr., CiTy Attorney 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