Loading...
480-174CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-174 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 BE1NG 19.0 ACRES SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, TRACT 7, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-20A" 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 the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Goverrm~ent 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 welfhre, 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 WHERI~AS, 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 G:\ORD\CASES\480 174.2RD Pagt: I 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 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 elt~ct 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 Ibr, 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, TEYokS: 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, G:\ORD\( ASES\480 174.2RD Page 2 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 19.0 acre tract of land situated in the J.J. Freshour Survey, Abstract No. 521, being Tract 7, and more fully and completely described in Exhibit "A" attached hereto m~d 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 an~ong 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. G:\ORD\CASES\48{} 174.2RD Page 3 Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances alTecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place tbr a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ~ day of k.~//llt.~ , 1995. ,~.$OU Tz, ,,,, PASSED AND APPROVED on the 2nd reading the /f dayof~ , 1995. , 'c S 0 O ~'7':',,, - AYOR~- ' .... ~ ATTEST: ~ITY SECRETARY G:~ORD\CASES\480 174.2RD Page 4 APPROVED AS TO FORM AND LEGALITY: G:\ORD\CASES\480 174 2RD Pitgc 5 EXHIBIT 'A' FOR ^ 19.0 AC. TRACT A b'~ct In the J.J. Fre~hour Survey. Ab~-oc~ No, 5,21. Iocotod |n Tan-ant Count,/, described In th~ do~i to Wlllklm W. Johnson] In Vol. 1519. Pg, 261~ of tho T<3rront County Deed Records and doacdbed ~s followm: BEGINNING ot <3 point In the norih dght--of-woy Nine of Johnso~ Rood, mold point being 2512.5 feat Wa~. of and 15 ta~t North of the Southeast Come¢ af the said Fre~hour Survey;, THENCE West along the north Hght--of--way [~ne of Johnson road. 655 fe~t to a poln~ THENCE N 00' 00' O8" W lecMng said nod(h r~iht-of-w4y, 1264 fe~ to a point; THENCE S 8g' 58' 08' E -- 655 fe~t to Q point; '~IENCE So00' 00' 56' W - 1264. f~ to the P~ao~ of Beginning and cont~cG~ 19.0 acre~ of land. G:\ORD\CASES\480-174 2RD Page 6 EXHIBIT "B" RIDGEWOOD II Page 7 FED. I.D. NO. 22 3148254 Fort Worth Star-Telegram 276831 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 57 ACCOUNT NO. THE STATE OF TEXAS County of Tarrant Dre me, a Notary Public in and for said County and State, this day DAWN M. RIVERA personally appeared 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 TOTAL 7/21ME 276831 CITY OF SOUTHLAK I358 1x 74L 74 .55 40.70 07/21-07/21 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-174 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- _... _. . NANCE OF THE CITY OF _. SOUTHLAKE, TEXAS• GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND --- -- --- --- ---- - WITHIN THE CITY OF SOUTH- LAKE, 19.0ACES SITUATED THE J.J.FRESHOUR SURVEY,AB- STRACT NO. 521 TRACT 7, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO SF-SINGLE-FAMILY RESI- DENTIAL DIS(KIC I 5Utf- SIGNED AC.Ilitinal JECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS RECTING O'F ORDIN NCECAL SCRIBED AND SWOF ZONING M THEAP' PRESERVING E, THIS THE 28Th DAY OF DULY ALL OTHER PORTIONS OF ►tip THE ZONING ORDINANCE• OFFICE OF DETERMINING THAT THE d -TA, ' PUBLIC INTEREST, MORALS Q2 LINotary Public 47(1W/1-1— CITY SEC'ETARY AND GENERAL WELFARE DEMAND THE ZONING U °• CHANGES AND AMEND- pq riy ' MENTS HEREIN MADE;PRO- tJp TARRANT OUNTY,TEXAS VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- ' TIVE -OF ALL ORDINANCE; ''/' " PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PA FORS PLEASE PAY THIS ORIC HEREOF PROVIDING AION SSAV ) RECONCILE WITH MONTHLY STATEMENT. THANK YOU! INGS CLAUSE PROVIDING FOR PUBLICATION IN THE k-----TE, OFFICIAL NEWSPAPER; SPAN AFER;ANDD ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�► DATE. 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 Thou- REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 Fort Worth for sand Dollars day) ram that a violation is permitted 276831 to exist shall constitute a ACCOUNT C I T 5 7 AMOUNT 40.70 separate offense. NUMBER DUE PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 118THDAOJUY OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 1995. /s/Gary Fickes Mayor of Southlake Attest: Ci ySSecretaryLeGrand, Approved as to Form: /s/E.Allen Taylor,Jr. City Attorney CITY OF SOUTHLAKE ATTN: Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 1 PLEASE PAY 40.70 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD INVOICE NO. 201129 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T' 'T STATE OF TEXAS my of Tarrant Dre 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` AD 07F TOTAL INCH/LINE RATE AMOUNT 7/07ME 201129 NOTICE OF PUBLIC I358 lx 68L 6l9 . 55 37 . 40 07/07-07/07 ' NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PERSONS that the City Council of the City of Southlake,Texas,will -- -- - ---- -- ---- -- --- --- be holding a public hearing during the Regular City Council meeting, to be held on July 18, 1995,beginning 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 hearing is to con- sider the following ordi- nance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-174 AN ORDINANCE AMENDING ' ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- SOUTHLAKE,NANCE OF THE CTEXAS OF SIGNED W(16( 62--- GRANTING A ZONING CHANGE ON A CERTAIN TRACT TRACTSLAD (SCRIBED AND SV WITHINO THE CITY OFOF SOUT-: ME THIS THE 19TH DAY 0.54 JULY 995 LAKE, TEXAS BEING 19.0— ° - - ACRES SITUATED IN THE ".", J.J.FRESHOUR SURVEY,AB- OFFICE OF AND CMONO.RE 5 FULLYACAND lernandez Notary Public 3inkri-kwri COMPLETE DESCRIBED IN Ex ires CITY SEC;ETARY EXHIBIT'A'FROM'AG'AGRI- CULTURALTO 'SF-20A' 4, 1008 SINGLE-FAMILY RESIDEN- TARRANT COUNTY,TEXAS TIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIRE-H,rw,, MENTS CONTAINED IN THIS ORDINANCE; CORRECTING OFFICIAL ZONINGLOTHER PLEASE PAY THIS O PORTIONS OF THE ZONING AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ORDINANCE; DETERMINING THAT THE PUBLIC INTER- A- EST, MORALS AND GENER-ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� AL WELFARE DEMAND THE _ ZONING CHANGES AND AMENDMENTS HEREIN MADE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL Pth ' ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY O� 0� PRR VIOLATIONS HEREOF ,���kir REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 P CLAUSE; PROVIDING FOR ROVIDING A SAVINGS 2 0112 9 PUBLICATION IN THE OFFI- PROVIDING AN PEFFECT VDE AMOUNT ACCOUNT C I T 5 7 37. 40 DATE. NUMBER DUE City of Southlake,Texas Sandra L.LeGrand City Secretary 11 OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 CITY OF SOUTHLAKE ATTN : SANDRA 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 37 . 40 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED