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480-178CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-178 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 5.035 ACRES SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT 1511, BEING ALL OF TRACTS, 5D1A AND 3A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" 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 role 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 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 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, 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 a~nended as shown and described below: Being a 5.035 acre tract of land situated in the Francis Throop Survey, Abstract No. 1511, being all of Tracts 5D1A and 3A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF- 1 A" 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 conununity. 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, se~verage, 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 Southtake, 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 temls and provisions of this ordinance shall be deemed to be severable mid 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 fights 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 fi.om and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading t ,1995. M"AYOR/' ,r - '~ ":'? ~ % ATTEST: ' eI-TY SEdI~T'AkY PASSED AND APPROVED on the 2nd reading the /~ day o~~, 1995. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ~ITY A2~TOI~2NEY EFFECTIVE: ~J~t~_~__TJl' 4/~ Page 5 EXH[IB1T "A" All that certain lot, tract or parcel of land located in the FRANCIS THROOP SURVEY. Abstract 1511; Southloke, Tarront County. 'lexos, being o portion of that certain 26.797 acre tract conveyed to C. C. Hall. dr., by deed recorded in Volume 6931. Page 603. Deed Records, Tarrant County, Texas (D.R., .T. Co. Tx.), and being more particularly described by metes:and bounds os follows: BEGINNING at o 1/2 inch iron pin found .for the common Southeast- corner of that certain tract of Iond:-'-'conveyed to W. P. Hague, et. uN by deed recorded in Volume 7796, Page 1721, D.R., T.Co., Tx. and Southwest corner of this trod, saiEl pin being further described as being in the North line of Hunter's' Ridge Addition. Southlake, Tocront County, Texas, according to the plat recorded in Volume .388-134, Page 16, Plot Records, Torront County, [exas (P.R. T. Co., tx.); fHENCE departing said Hunter's Ridge Addition and with lines common to this tract and said Hague, et ux tract, North O0 degrees 14 minutes 15 seconds West 501-47/100 feet to a .5/4 inch iron pin found in concrete; South 82 degrees 22 minutes 28 seconds East '111-82/100 feet to an in concrete found; and North 16 degrees 10 minutes 48'seconds East 51-23/10'0 feet to o 1/2 inch iron p,n found for o common NOrth corner of said tracts and in the Southwest line of E. Dove Rood (County Road No. 3080); [HENCE deporting said Hague, et ux tract and with said Southeast line of E. Dove Rood. South 47 degrees .35 minutes 25 seconds East $01-47/100 feet to o lence post found for the Northeast corner of this tract: 1HENCE deporting said road. South 17 degrees 35 minutes 38 seconds West. pass r,g the_ most northerly No.r.f. hw~s.t, c;oco_f~r -of._ofore_s_qi_cL Hunter's Ridge Addition at 17-65/100 feet and continuing along said Westerly lirle o! Addition. in ali ..~44--7~5/100 feet to o ,'5/8 inch iron pin found in concrete in the Northerly line of Fox Hollow Ciccle {or the Cooutheost corner of this tract; THENCE deporting Fox Hollow Cir. cle and with aforementioned Northerly line of Hunter's Ridge Addition. North '71 ~egrees minutes .3.5 seconds West 410-.54/100 feet to the place of beginning <}nd containing some .5 0`55 acres of land or 219.3529 square feet. FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD INVOICE NO. 356260 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 REcErv7T) THE STATE OF TEXAS AU6 1 1995 County of Tarrant Ire me, a Notary Public in and for said County and State, this day CITY SECRETARY 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 8/04ME 356260 NOTICE OF PUBLIC I358 lx 68 68 .55 37.40 08/04-08/04 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 August 15, 1995, begin- I - - - - - -- - - - - - - ping 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 hear- ing is to consider the follow- ing ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-178 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- SOUTHLAKE,THE CI TEXAS SIGNED C�C�-'C _ 4-/--€.4----. -- GRANTING A ZONING CHANGE ON A CERTAIN SCRIBED AND D ". WITHINTATOR THECITYOFTRACTSOF SOULATIH-- VIE, THIS THE 15TH DAY OF AUGUST 1995 ` LAKE, TEXAS BEING 5.035 , • ACRES SITUATED IN THE ` A .r3 ABSTRACT THROOP SURVEY v/ I AL OF TR 1S, BEING D Notary Public /V/ JTV/1 ALL OF TRACTS, 5DIA AND OFFICE OF 3A, AND MORE FULLYED K! LYPJN WASOPJ D COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" r SINGLELTURAL-FAMILY TO "SEIDEN- !MISSION EXPIRES TARRANT COUNTY,TEXAS CITY • SEC►•ETARY SINGLE-FAMILY RESIDEN- TIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIRE- EMBER 14, 1993 f MENTS CONTAINED IN THIS - ORDINANCE; CORRECTING PLEASE PAY THIS THE PRESERVINGALL O NING HEII4 ID RE • E WITH MONTHLY STATEMENT. THANK YOU! PORTIONS OF THE ZONING THATORDINANCE;THEPUBLIC UDETERMINING ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A EST, MORALS AND GENER- AL WELFARE DEMAND THE . ZONING CHANGES AM'. AMENDMENTS HERL°Id•, MADE- PROVIDING THAT THIS ORDINANCE SHALL BE- CUMULATIVE OF ALL- FortWorth ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A J 1 graiii REMIT TO: PO" 400 W SEVENTH ST.•FORT WORTH,TEXAS 76102 FOR VIOLATIONS HEREOF,* PROVIDING A SAVINGS 1 CLAUSE; PROVIDING FOR 356260 PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND ACCOUNT CI T 57 AMOUNT PROVIDING AN EFFECTIVE NUMBER DUE -37.40 DATE. City oa draSo L.aed Texas I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 /s/Sandra L.Le rand 1 OF City Secretary CITY OF SOUTHLAKE ATTN : Sandra L . LeGra 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 37.4-0 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22 3148254 Fort Worth Star-Telegram AD INVOICE NO. 442431 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 NCH/LINE RATE AMOUNT 8/18ME 442431 CITY OF SOUTHLAK I358 1x 74L 74 . 55 40.70 08/18-08/18 CITY XAS ORDINANCE NO.480-178 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- EZOHCORNANCE OF TEITYOF _._.. _........ SOUTHLAKE, TEXAS GRANTING A ZONING; _....... _. _. _.. CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 5.035 ACRES SITUATED IN THE FRANCIS THROOP SURVEY ABSTRACT 1511, BEING ALL OF TRACTS, 5D1A AND 3A, AND MORE FULLY AND COMPLETELY DESCRIBED ' IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-lA" SINGLE-FAMILY RESIDEN- ---)'177 TIAL DISTRICT,SUBJECT TO THE REQUIRE- MENTS NEDIN PECIC CpTHIS SIGNED G ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER SCRIBED AND SVl PORTIONS OF THE ZONING ME, THIS THE 25TH DAY OF AUGUST 1995 ORDINANCE; DETERMINING l • THAT THE PUBLIC INTER- EST, MORALS AND GENER- / OFACE OF AL WELFARE DEMAND THE ��/IV/`/ZONING CHANGES AND nn Hernandez Notary Public AMENDMENTS HEREIN n MADE PROVIDING THAT •sion Expires CITY SEC,.ETARY THIS ORDINANCE SHALL BE er 14, 1998 CUMULATIVE OF ALLTARRAN COUNTY,TEXAS ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS PLEASE PAY THIS OF P IVISCETIONOINIDTHE OFOFIR- VD RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER• AND PROVIDING AN EFFECTIVE DATE. ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A��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 C this ordinance shall be fined PortWorthnot more than Two Thou- sand Dollars ($2 00000) for each offense. peach del graiIi REMIT TO: ,• 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 toatexistoshalln constituteea separate offense. 442431 PASSED AND APPROVED BY ACCOUNT CIT57 AMOUNT 40.70 THE CITY COUNCIL OF THECITY OF SOUTHLAKE, THIS NUMBER DUE THE 15TH DAY OF AUGUST, 1995. IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Mayorro Soot OF-1 Mayor of Southlake Attest: /s/Sandra L.LeGrand City Secretary Approved as to Form: J /s/E.A to n Taylor,Jr., City CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 40. 70 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED