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480-175CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-175 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 10.0236 ACRES SITUATED 1N THE O.W. KN1GHT SURVEY, ABSTRACT NO. 899, TRACTS 4A, 4B, AND 4C, 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 ZON1NG 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 WHERIiAS, 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 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: Being a 10.0236 acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, being Tracts 4A, 4B, and 4C, 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 lined 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. publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the l~0 day of~ M/AYO~ This ordinance shall be in full force and effect from and after its passage and ATTEST: ,1995. PASSED AND APPROVED on the 2nd reading the /~ day of (~ ¥OR ,1995. ATTEST: APPROVED AS TO FORM AND LEGALITY: ADOPTED: EFFECTIVE: I EXHIBIT "A" ALL of that certain tract or parcel of land situated in the O. W. KNIGHT SURVEY, Abstract No. 899, Tarrant County, Texas and embracing the tract described in the deed to Paul L. Schell a~d wife, Mary Schell recorded in Volume 2851, Page 198 of the Deed Records, Tarrant County, Texas and desq~ibe4 by' m6te~ and bounds as follows: BEGINNING at the Northeast corner of said Schell tract, being by deed call 1307 varas South of the Northeast corner of said Knight survey, and being in South Carroll Road (County Road No. 3021); THENCE South O0 degrees 17 minutes 33 seconds West with the Easterly boundary line of said Schell tract and the Easterly boundary line of said Knight survey (as cited in said deed) 457.63 feet to the Southeast corner of said Schell tract; THENCE South 89 degrees 55 minutes 20 seconds West with the Southerly boundary line of said Schell tract and passing at 16.76 feet a 5/8 inch steel rod found, in all 952.78 feet to a 5/8 inch capped steel rod stamped "SMLS" found for the Southwest corner of same; THENCE North 00 degrees 17 minutes 30 seconds East with the Westerly boundary line of said Schell tract 458.92 feet to a 3/4 inch steel rod found for the Northwest corner of same; THENCE EAST with the Northerly boundary line of said Schell tract and passing at 936.16 feet a 5/8 inch steel rod found, in all 952.78 feet to the place of beginhing and containing 10.0236 Acres of land, more or less. EXHIBIT ~'B" ~J~ FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram 276832 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. THE STATE OF TEXAS County 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. DESCRIPTION AD SIZE INTOTAL RATE AMOUNT CH/LINE . • 7/21M: 276832 CITY OF SOUTHLAK I358 1x 76L 76 .55 41. 80 07/21-07/21 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-175 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS --- -- --- - ----- AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS - --- - -- - GRANTING A ZONING CHANE AIN RACT OR TTRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING 10.0236 ACRES SITUATED IN THE O.W. KNIGHT SUR- VEY, ABSTRACT NO. 899, TRACTS 4A 4B, AND 4C AND MORE FULLY AND • COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULATURAL TO "SF- 20A" SINGLE-FAMILY RESI- DENTIAL DISTRICT SUB- JECT TO THE SPECIFIC RE- --- OUIREMENTS CONTAINED IN THIS ORDINANCE COR- RECTING MAP-THE VING IAL M THIS THE 28TH DAY OF/ DULY 1995 __ _ (SCRIBED AND SW ALL OTHER PORTIONS OF ' THE ZONING ORDINANCE' DETERMINING THAT THE (nandez 1 ANDLIC GENERAL INTEREST, MORALS WELFARE Notary Public CITY OF DEMAND THE ZONING Expires CI 1 1 SEC ETAR 1 MECHPITS HEREIN MADE;PRO-D AMEND- 1998 ►• VIDING THAT THIS ORDI-, ' TARRA COUNTY,TEXAS NANCE SHALL BE CUMULA- - TIVE PROVIDING F LA OR DINANCES; T ra K -- -- CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HPLEASE PAY THIS OI INiGSOCLAU- SE1DPROVIDING ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! FOR PUBLICATION IN THE OFFIR;AND PROVIDING AN IAL EPEFFECTVE 'ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT'�4, k DATE. Section 7. Any person, firm and corporation who vio- lates, disobeys, omits, ne- glects or refuses to comply with or who resists the en- forcement of any of the pro- visions of this ordinance shall be fined not more than FortWorth Two Thousand Dollars , ram REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 (feise. ach for each of- fe05e.Each day that aviola-� tion is permitted to exist 276832 Seel► constitute a separate ACCOUNT C I T 5 7 AMOUNT 41.80 offense. NUMBER DUE PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS 1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 THE 18TH DAY OF JULY, OF 1995. /s/Gary Fickes Mayor of Southlake Attest: /s/Sandra L.LeGrand City Secretary Approved as to Form: /s/E.Allen Taylor Jr., Ci Attorney CITY OF �OUTHLAKL ATTN : Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 41 . 80 PLEASE PAY THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD INVOICE NO. 201130 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7 ACCOUNT NO. -- 'r STATE OF TEXAS my of Tarrant >re me, a Notary Public in and for said County and State, this day personally appeared DAWN M.R IVERA 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 TOTALRATE AMOUNT INTO/LINE 7/07ME 201130 NOTICE OF PUBLIC I358 1x 69L 69 . 55 37. 95 07/07-07/07 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN TO ALL INTERESTED PER • - SONS Council of the City of Southlake, Texas, will be holding a public hearing dur- ing 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 Car- - - • - - --- - - -- - - - roll Avenue, Southlake, Tex- as. The purpose of the pub- lic hearing is to consider the following ordinance: ' CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-175 • AN ORDINANCE AMENDING ORDINANCE NO. 480 AS ^ AMENDED, THE CONIPRE- SIGNED (� -HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING SCRIBED AND SV TRACTORTORACTSOFLAND ME, THIS THE 19TH DAY OF- JULY WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING ,v, ^, ,, 10.0�36 ACRES SITUATED f II/IV/`/ OFFICE OF IN THE O.W. KNIGHT SUR- NotaryPublic VEY, ABSTRACT NO. 899, errlandez S, TRACTS 4A 4B AND 4Cxp�res CITY SEC"ETARY COD MTEL FULLY AND - COMPLETELY DESCRIBED 4 1998►. IN EXHIBIT "A" FROM AG^ TARRANT COUNTY,TEXAS AGRICULTURAL TO "SF- , 20A" SINGLE-FAMILY RESI- DENTIAL DISTRICT SUB- w JECT TO THE SPECIFIC RE- QUIREMENTSPLEASE PAY THIS 0 INTHISORCONTAINED ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ITV ORDINANCE' COR- , RECTING THE OFFICIAL ZONING MAP; PRESERVING L� ALL OTHEZONIR OR IONS OF ,RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--------.A DETERMINING THAT TI-e - PUBLIC INTEREST,MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMEND- MENTS HEREIN MADE;PRO VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; Port Worth : PROVIDING A ABILITY gram REMIT TO: , 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 PENALTY FOR PROVIDING VIOLATIONS HEREOF' PROVIDING A SAV- INGS ACCOUNT AMOUNT 201130 CLAUSE' PROVIDING C I T 5 7 3 7. 9 5 FOR PUBLICATION IN THE NUMBER DUE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. 1 1 IF ANY QUESTIONS,PLEASE CALL(817)390-7501 City of Southlake,Texas OF Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ATTN : sandra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 37 . 95 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED