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480-177CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-177 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 9.976 ACRES SITUATED IN THE T. BEEDY SURVEY, ABSTRACT NO. 72, BEING TRACT 2A2A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 thctors in making a determination as to whether these G \ORD/CAS[ S',48~/ 177 2RI) 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 S outhlake, 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 them 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 9.976 acre tract of land situated in the T. Beedy Survey, Abstract No. 72, being Tract 2A2A, and mom fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "RE" Single Family Residential Estate 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, 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 1 st reading the / day o~ ~ ATTEST: This ordinance shall be in full force and effect from and after its passage and 1995. PASSED AND APPROVED on the 2nd reading the/~ day o~995. ATTEST: CITY SECRETARY Pagc 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DARE: ~ Page 5 EXHIBIT 'A' BEING a tract or parcel of land situated In the T. BEEDY SURVE'Y, ABSTRACT NUMBER 72, Torrent County. Texas. and being more particularly described os fallows; BEGINNING ota nail set in the centerline of County Road number 3086 end being North 0 degrees 13 minutes West, a.distanco of about 53.3.9 feet (per Deed Call) from [he Southwest. corner of the sold T. BEEOY SURVEY; THENCE North 89 degrees 58 minutes 46 seconds East, 1870.20 feet to a 3/4 inch Iron rod found; THEN(~:E North 0 degrees 13 minutes 07 seconds West, 232. O3 feet to a 1/2 inch Iron rod found at the Southeast corner of a tract of land conveyed to Yves J. Meyer et ux recorded in Volume 10996, Page 1015, 0eed Records. Torrent County, Texas; THENCE West, along a fence line, passing at 184-5.O7-feet a 1/2 inch iron rod found, continuing in oil a total distance of 1870.2 feet to a nail set in the centedine of said County Road number 5088, said point being the Southwest corner of the above mentioned Meyer tract; THENCE South 0 degrees 15 minutes 07 seconds East along sold centerline 232.70 feet to the POINT OF BEGINNING and containing 9.976 acres of land more or less; Fort Worth Star-Telegram FED. I.D. NO. 22 3148254 AD INVOICE NO. 356257 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 REc LL,. THE STATE OF TEXAS County of Tarrant AUG 1 F f4c.r, ,re me, a Notary Public in and for said County and State, this day C' Y SF personally appeared DAWN M_ RTVERA Billing specialrs r1-k 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 8/04t1E 356257 ' NOTICE OF PUBLIC I358 lx 68L 68 . 55 37 . 40 08/04-08/04 I NOTICE OF PUBLIC HEARING NOTICE INTE ESTED PERSONVEN S ALL 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 August 15, 1995, begin- - - - ---- -- - ning at 7:00 p.m.The meet- ing will be held in the City Council Chambers of City Hall, 667 North Carroll Ave- nue, - _......... _. Southlake, Texas. The purpose of the public meet- ing is to consider the follow- ing ordinance: -- -- CITY OF SOUTHLAKE,TEXAS - • ORDINANCE NO.480-177 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCEOF THE CITY OF SIGNED rh `_____ SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN SCRIBED AND I WITHINOTHECITYOFOSOUTH- , THIS THE Toni DAY OF I995 LAKE, TEXAS BEING 9.976 • ACRES SITUATED IN THE T. 1O!VJ4 NO. SURVEY GBSTRACTd°.'.2A 72 BMOR TRACTNotaryPubli / MA/2A2A, AND MORE FULLY 'Q$ C AND COMPLETELY DE- OFFICE OF !'` SCRIBED IN EXHIBIT A' '8 FROM E" AGRICULTURAL TARRANT COUNTY,TEXAS CITY SECI:ETAR RESITO DENTIAL ESTATE TO SINGLE A TDHE ~ SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFIC AL ZONING MAP• PLEASE PAY THIS C PRESERVING ALL OTHER ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PORTIONS OF THE ZONING '—' ORDINANCE; DETERMINING A THAT THE PUBLIC INTER- ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----.* EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AMENDMENTS AND HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL Port Worth ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; ram PROVIDING FOR A PENALTY REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 FOR VIOLATIONS HEREOF, PROVIDING A SAVING 356257 CLAUSE; PROVIDING FOR IABLLICNEWSP PER THE AND ACCOUNT C I T 5 7 AMOUNT CIAL AN EFFECTIVE NUMBER DUE 37. 40 DATE. City of Southlake Texas /s/Sandra L. randIF ANY QUESTIONS, PLEASE CALL(817)390-7501 LeG� OF I City Secretary _ CITY OF SOUTHLAKE ATTN : Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 IPLEASEPAY 1 37 . 40 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram 442430 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS County of Tarrant re 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 8/18ME 442430 CITY OF SOUTHLAK I358 1x 74L 74 . 55 40. 70 08/18-08/18 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-177 • AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF GRANTING E, TEXAA ZONING ... _.... _... .._. TAIN TRACT OR TNGE RACTS OF LAND WITHIN THE CITY OF SOUTH • - LAKE, TEXAS BEING 9.976 ACRES SITUATED IN THE T. - - --- - _--- BEEDY SURVEY ABSTRACT NO. 72 BEING TRACT 2A2A, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" • FROM "AG" AGRICULTURAL TO �R2E" SINGLE FAMILY RESIL1ENTIAL ESTATE DIS- TRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS SIGNED /...6a..t.,_n._._---)-y).L-kt_.A_}_e.4.__c__._., ORDINANCE; CORRECTING THE OFFICIAL ZONING MAPP 25TH AUGUST 1995 SCRIBED AND SW(PORTIONS OF ALL ZONING ME, THIS THE _ DAY OF , ORDINANCE; DETERMINING THAT • THE PUBLIC INTER- EST, MORALS AND GENER- 'Wk• AL WELFARE DEMAND THE OFFICE r��F ZONING CHANGES AND rl Hernandez Notary Public }� y (1441 MADEDMPROVIDINGHTHAT ion Expires CITY SEC►. TA 1 THIS ORDINANCE SHALL BE CUMULATIVE OF ALL r 14, 1998 TARRA COUNTY,TEXAS SEVERABILITY PROVIDING EVCLLAUSE; FORVVIIOLATIONS PENALTY ������ CLAUSENGPROVIDINGVI FOR PLEASE PAY THIS OF PUBLICATION IN THE OFFI-,ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN PEFFECTIVEE Ac------ DATE. RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—y — 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- For t Wor�h sand Dollars is 0 muted i ra m for each offense. each day, REMIT TO: ,' 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 that a violation is permitted to exist shall constitute a 442430 separate offense. PASSED AND APPROVED BY ACCOUNT C I T 5 7 AMOUNT 40.70 THE CITY COUNCIL OF THE NUMBER DUE CITY OF SOUTHLAKE, THIS THE 15TH DAY OF AUGUST, 1995. F1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Mayor is/Gary es, p Mayor of Southlake Attest: /s/Sandra L.LeGrand City Secretary Approved as to Form: /s/E.Allen Taylor,Jr. City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 /PLEASE PAY 40 . 70 1 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED