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480-183 OrdinanceCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-183 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 3.38 ACRES SITUATED IN THE WILLIAM H. MARTIN SURVEY, ABSTRACT 1068, TRACTS 2A3 & 2A3A1 . AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IB" 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 SEVER.,U3ILITY 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 1o 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, thc hereinafter described property is currently zoned as "AG" Agriculture District 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 proprietar? 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 Page I 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 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 tbr, 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 SOLITHLAKE. TEXAS: Section I. 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, 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 3.38 acre tract of land situated in the William H. Martin Survey, Abstract 1068. Tracts 2A3 & 2A3AI . and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agriculture District to "SF- lB" 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 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, sexverage, 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 tra~ts 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 xvho 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) tbr each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. Ail 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 . -~f'AYOR This ordinance shall be in full force and effect from and after its passage and /7 day ofl~) , 1995. Page 4 PASSED AND APPROVED on the 2nd reading the 7 day offS, 1995. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 5 EXHIBIT "A" G ORD'CASES',48~I83 2RD Page 6 EXHIBIT"A" BEGINNING THENCE THENCE THENCE THENCE at an iron. pin found in the occupied West line of said Martin Survey, said point being,, the Northwest corner of a tract described in a deed from Blease Tibbets, Trustee, to S.san Post of record in Volume 6669, Page 832, Deed Records, Tarrant County, Texas, said point also being the Southwest corner and POINT OF BEGINNING of the herein described tract; North 368..75 feet to an iron pin for corner; N. 88° 51' E. 378.67 feet to an iron pin for corner in a gravel road; S. 6° - 34' E. 370.33 feet to an iron pin for corner; S. 88° - 51' W. at- 35.60 feet passing an iron pin found in the Westerly line of said gravel road and continuing in all 421.0 feet to the POINT OF BEGINNING and containing 3.38 acres~ of which 0.26 acres are ia road easement leaving 3.12 net acres. Page 6 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD ORDER NO. 856838 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 ' 1E STATE OF TEXAS >unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE H/LI RATE AMOUNT NCCH/LINE 11/10ME 856838 CITY OF SOUTHLAK I358 1x 75L 75 . 55 41. 25 CITY OF SOUTHLAKE,TEXAS 11/10—11/10 ORDINANCE NO.480-183 AN ORDINANCE AMENDING• ORDINANCE NO. 480 AS AMENDED, THE CON4PRE-! HENSIVE ZONING ORDI- NANCE OF THE CITY OF 1 SOUTHLAKE, TEXAS i GRANTING A ZONING' CHANGE ON A CERTAIN' TRACT OR TRACTS OF LAND: WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING 3.38 ACRES SITUATED INTHE WILLIAM H. MARTIN SUR- VEY, ABSTRACT 1068, TRACTS 2A3&2A3A1,AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A" FROM "AG"AGRI- CULTURAL DISTRICT TO"SF- 1 B" SINGLE FAMILY RESIDENTIAL TO THE SPECIFIC REIO�INUIREMENTS CON- NANCEE; CORRECTINGOTHE SIGN E OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING, St ORDINANCE; DETERMINING>WORN �E ME, THIS THE 1 4TH DAY OF NOVEMBER 1995 . THAT THE PUBLIC INTER- ,�,, EST, MORALS AND GENER- Ax P.. ��Jl/>kA. i t ���-�J"`•�'"� AL WELFARE DEMAND THE Or•' •.�rr t ZONING CHANGES AND t2: VI LYNN 'a., AMENDMENTSPO HEREIN 4,3 , Notary Public r, rMADE PROVIDING L BE S 1�/' N COMItlISSIOI EX.';_ S THIS ORDINANCE SHALL BE �w'•. /� CUMULATIVE OF ALL $ 14;?•.,....••'•tom OECEM3ER 14 let' ORDINANCES;PROVIDING A >�e f� r .. SEVERABILIT' CLAUSE; TARRANT COUNTY,TEXAS PROVIDING FOR A PENALTY i1 ' FOR VIOLATIONS HEREOF, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR CIALICNEWSPAPERE ANDORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE. Section 7.Any person,.firm or TEAR AL E'EMFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----..A corporation who violates,- - disobeys,omits,neglects or .. 9�/ refuses to complywith or CITE' SEC7.E AR who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars ($2 000.00) of for each offense. each day that a violation is permitted REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a separate offense. iStar 'I'elegraiii PASSED AND APPROVED BY CITY OF SOUTHLCONCAKEO,F THIS NUMBER E ACCOUNT C ITS? AMOU DUENT 41.25 ' THE 7TH DAY OF NOVEM- BER,1995. /s/Gary Fickes Mayor of Southlake PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 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 41. 25 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 746874 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 -- STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMTF RRYANT 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: TOTAL DATE AD ORDER NO. DESCRIPTION AD SIZE INCH/UNE. RATE AMOUNT 10/20ME 746874 NOTICE OF PUBLIC I358 1x 82L 84 . 55 45 . 10 10/20-10/20 Nu,ICt UI-PUBLIC HEARING I 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 ber held - ------- on November 7 1995, be- ginning at 7:0d p.m. The meeting will be held in the City Council Chpmbers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Tlic hearing gr is purpose considhe eruthe -- following IITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-183 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS C v* —1 AMENDED, THE COMPRE- \ r HENSIVEZONING oRDI- SIGNED \ ��wL i� �� NANCETHE THE CITY OF SOUTHLAKE, TEXAS- GRANTING A ZONING CHANGE ON A CERTAIN _ SUBSCRIBED AN TRACTN°THTRACTS OF LAND "ORE ME, THIS THE 25TH DAY OF OCTOBER 1995 LAKE, TEXAS BEING 3.38 - =-'- ''r-':✓4-"4.-a"1,.",""4 a, l n 1 ACRES SITUATED IN THE 1./� / / `j/r /�� ACRE M IT MARTIN SUR- 'ItA OFFICE O' VEY, ABSTRACT 1068 "•+t VICKII!_YNN WASQ.! + Notary Public Yi-j21 K• TRACTS 2A3&2A3A1,ANd MORE FULLY AND COM- c 4 COMMISSION EXPIRES CITY SEC►ETAIt�ETELY DESCRIBED IN EX- IBIT"A" FROM "AG"AGRI- • - DECEMBER 14, 1998 TARRANT COUNTY,TEXAS ULTURAL DISTRICT TO"SF- 1B" SINGLE FAMILY wro�,,,w.-. 9 RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- IN TDI- PLEASE PAY TI NANCED; CORRECTINGQTRHE )ICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ALL OTHER PRE- SERVING - TIONS OF THE ZONING i PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—t, ORDINANCE; DETERMINING — THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT Fort Won1 THIS ORDINANCE SHALL BE CUMULATIVE OF ALLA elegrain ,,, ORDINANCES; PROVIDING A REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 SABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS ACCOUNT AMOUNT 746874 PUBLICATION OINI°THE OFOFII-- NUMBER CIT57 DUE 45. 10 CIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE DATE. IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Section 7 Any person,firm or PAGE 1 OF I 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- sand Dollars (S2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a Cseparate offense. K E IC of Southlake Texas /s/Sandra L.Ledrand 6 6Cjtr Secretary -— , VE SOUTHLAKE, TX 76092-9595 PLEASE PAY 45. 10 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED