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480-185CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -185 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 9.857 ACRES OF LAND SITUATED IN THE THOMAS BEEDY, ABSTRACT NO. 72, TRACT 2A2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -lA" 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 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" 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 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 G: \ORDTASEM480- 185.2RD Page 1 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, G: \ORDTAS EM480- 1 85.2 RD 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 9.857 acre tract of land situated in the Thomas Beedy Survey, Abstract No. 72, Tract 2A2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agriculture District to "SF-IA" 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, 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. G: \ORD \CASES \480- 1851RD 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 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 from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 4L day of , 1995. AYO F m X a ti. ATTEST: G:\ORD\CASES\480-185.2RD Page 4 PASSED AND APPROVED on the 2nd reading the —7-- day of 995. YO c� A . TEST: unn�nuuu�� ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: ( �)IG,. 04 ,: 9 �— CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: 4w w k u , In' l V G: \ORDTASEM480- 185.2RD Page 5 EXHIBIT "A" G: \ORD \CASES \480- 185.2RD Page 6 EXHIBIT "A" BEGINNING at a fou(id 5/8" i(on rod in (lie East line of N. Peylonville Avenue. said iron rod being by deed call North. 306.16 feet and East. 26.50 feet from the Southwest corner of the above mentioned T. Beedy Survey: THENCE North along the East line of N. Peytonville Avenue, a distance of 232.70 feet to a found 112" Iron rod: THENCE East. departing (lie East line of N. Peylonville Avenue, a distance of 1845.27 feet to a found 5/8" iron rod: THENCE South. a distance of 232.70 feet to a found 1/2" Iron rod; THENCE West. a distance of 1845.27 feet to the POINT OF BEGINNING and containing 9.857 acres of land. GAORDWASM480•185.2RD ° Page 6 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD ORDER NO. 856837 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 T"E STATE OF TEXAS Linty 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 RATE AMOUNT TOTAL INCH/LINE 11/1CITY o SOUTHLAKE,' 7EXgy CITY OF SOUTHLAK 1358' lx 74L 74 .55 40 . 70 ORDINANCE NO.480-185 ],;,/10-11/10 AN ORDINANCE AMENDING , -- ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE RACT OR TTRACTS OFLTAND WITHIN THE CITY OF SOUTH- - - - - ----- - LAKE, TEXAS BEING 9.857 ACRES OF LAND SITUATED IN THE THOMAS SEEDY AB- STRACT 2A2 �D MORE NOXE T T AND AG AG-RAL RO ESIDENTIAL SINGLE DISTRICT SUBJECT EQpUIRE TE THE SPECIFIC TAINUREQUIREMENTSOFFICE OF DEMENTS CON- NANCE; CORREN CTINGOTHE • I OFFICIAL ZONING MAP;PRE- CITY SEC ETARY SIGN SERVING ALL OTHER POR- TIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTER- 14TH NOVEMBER 1995 SU ES, MORALS AND G THE vORN TO BEFORE ME, THIS THE DAY OF `In 44VYV . ZONING CHANGES ANT �®c• �� q/' ^ I{�' C���►[� Y �- AENDMENTSIDING H THAT �r9N!�P•,, U1� THIS IV SHALL BE %tt•' 14 VICKI LYNN WASON Notary Public CUMULATIVE OF ALL i?• � �'I� ORDINANCES;PROVIDING A i•S ^. •+ COMMISSION EXPIRES SEVERABILITY CLAUSE; %,n+. LDEcEMBER14, 199 .j PROVIDING FOR A PENALTY 'v• ' ' 8 TARRANT COUNTY,TEXAS FOR VIOLATIONS HEREOF• h......•. PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR - PUBLICATION IN THE OFFI- CIAL NEWSPAPER• AND I DATEIDING AN EFFECTIVE )RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! Section 7.Any person,firm or disobeys,omits,neglectseor —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----► _ refuses to comply with or - who resists the enforcement of any of the provisions of I this ordinance shall be fined not more than Two Thou- sand Dollars ($2,000.00) for each offense.Each days that a violation is permitted to exist shalln ceonstitute a FORT WORTH,TEXAS 76102 separate offense. REMIT TO: , 400 W.SEVENTH ST. • o�PASSED ECIITY AND APPROVED DTHE Star-Telegram CITY OF SOUTHLAKE, THIS THE 7TH DAY OF NOVEM- ACCOUNT AMOUNT 40.70 BER 1995. NUMBER C I T 5 7 DUE /s/Gary Fickes a or of Southlake AT1vEST: /s/Sandra L.LeGrand, PAGE 1 OF ]I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 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 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED _ FED. I.D. NO. 22 3148254 Fort Worth Star-Telegram AD ORDER NO. 746873 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 -. -- STATE OF TEXAS Inty of Tarrant Before 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 ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 10/20ME 746873 NOTICE OF PUBLIC 13581 lx 81L 81 . 55 ' 44 . 55 1 ut21, 10/2D-- — NOTICE OF PUBLIC HEARING NOTICE TO HEREBY GIVENi TO ALL INTERESTED PER- SONS that the City Council of the City of Southlake,Tex- as, will be holding a public hearing during the Regular City Council meeting to be held on November 7, 1995, beginning at 7:00 p.m. The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. The purpose of the public hearing is to consider the j following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE 480-185MN AN ORDINANCE AMENDING AMENDED E THE COMPRE C . HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING SUBSCRIBED CHANGE ON A CERTAIN BEFORE ME, THIS THE 25TH DAY OF Oa ER 1 995 . TRACT OR TRACTS OF LAND LAKE, THE CITY OF SOUTH- •, ✓ ® y "'�e �/J I� 6(10,0A.L____ACRE, TEXAS BEING 9.TED C J ((/� ACRES OF LAND SITUATED <?�hr VICKI LYNN WASON Notary Public OFFICOFFICE IN THE THOMAS BEEDY A. E L SURVEY, ABSTRACT NO. 2:•i COMMISSION EXPIRES 72 TRACT 2A2,AND MORE ' : i CITYSEGOS FULLY AND COMPLETELY j v �/L.d DESCRIBED IN EXHIBIT "A" +�z OECEMBER 14, 1998 TARRANT COUNTY,TEXAS FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SIN- GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPEFI CTREQUIREMENTS PLEASE PA ORDINANCE; CORREING iVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THE OFFICIAL ZONING MAP,- PRESERVING ALLH ZONINGOTHEG .THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PORTIONS OF THE -�► - ORDINANCE; DETERMINING - THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT Fort O THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A ele ramREMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 SEOVIDIN LI F CLAUSE; , PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS ACCOUNT AMOUNT 74687 CLAUSE; PROVIDING OVID HE FOR NUMBER CIT 57 DUE 44 • 5 5 OFFI- CIAL NEWSPAPER- AND PROVIDINGT AN EFFECTIVE IF ANY QUESTIONS, PLEASE CALL(817)390-7501 Section 7.Any person,firm or PAGE 1 OF 1 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 nor more than Two Thou- sand Dollars ($2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake,Texas A K E /s/Sandra L.LeGrand City secreta•ry _ A V E SOUTHLAKE, TX 76092-9595 PLEASE PAY , 44 • 55 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED