Loading...
480-200CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-200 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 APPROXIMATELY 1.379 ACRES SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TRACT 4C, AS RECORDED IN VOLUME 6096, PAGE 295 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A," FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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" Agricultural 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 L:\CTYDOCS\ORD\CASES\480-200.WPD 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, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: L:\CTYDOCS\ORD\CASES\480-200.WPD Page 2 Being a 1.379 acre tract of land situated in the Francis Throop Survey, Abstract No. 1511, Tract 4C, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural 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. 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 L:\CTYDOCS\ORD\CASES\480-200.WPD Page 3 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 lst reading the 1 1 3 day of , 1996. ATTEST: I CITY SECRETARY PASSED AND APPROVED on the 2nd reading the A day of , 1996. �, t�� �! , • . ATTEST: ff o,Y CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-200.WPD Page 4 APPROVED AS TO FORM AND LEGALITY: I,J le-- a CITY ATTORNEY DATE: ADOPTED: EFFECTIVI L:\CTYDOCS\ORD\CASES\480-200.WPD Page 5 EXHIBIT "A" BEGINNING at a point in Carroll Avenue in the West line of the above mentioned THROOP SURVEY, same being South 1090.91 feet from the Northwest corner of said THROOP SURVEY, same also being the Southwest corner of a tract of land as described in deed to William A. and Wanda F. Hodges recorded in Volume 3577 at page 495 in the Deed Records, Tarrant County, Texas; THENCE South 89 degrees 07 minutes 55 seconds East along the South line Of said William A. And Wanda F. Hodges tract passing at 20.81 feet a 1/2 inch iron rod found for corner in the East line of said Carroll Avenue and continuing for a total distance of 220.01 feet to a 1/2 inch iron rod found for corner, same being the Southeast corner of said Hodges tract and the West line of a tract of land as described in deed to Robert H.-Rockenbaugh and wife Dorothy Rockenbaugh recorded in Volume 4437 at page 362 of the Deed Records of Dallas County, Texas; THENCE South along the said West line of Rockenbaugh tract for a distance of 273.08 feet to a cross -tie post'for corner; THENCE North 89 degrees 07 minutes 55 seconds West along the most Southerly North line of Rockenbaugh tract passing at 200.01 feet a 1/2 inch iron rod found in the said East line of Carroll Avenue and continuing for a total distance of 220.01 feet to a point for corner in Carroll Avenue and the said West line of THROOP SURVEY; THENCE North along Carroll Avenue the said West line of THROOP SURVEY for a distance of 273.08 feet to the POINT OF BEGINNING. CONTAINING 1.379 acres of land, more or less. L:\CTYDOCS\ORD\CASES\480-200.WPD Page 6 FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram 1992311 AD INVOICE NO. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 •STATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appearedBilling 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 LINE RATE AMOUNT 6/22Mb 199231 NOTICE OF PUBLIC I358 1x 81L 81 . 66 53. 46 NOTICE OF PUBLIC I 0 6/2 2-0 6/2 2 HEARING NOTICE IS HEREBY GIVEN to all interested person that the City 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 2, 1996, at 7:00 p.m., in the City Council Chambers of City Hall, 667 North Carroll Avenue,Southlake,Texas Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.480-200 AN ORDINANCE AMENDINr • ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE HENSIVE ZONING ORDI- NANCEOF THE CITY OF SOUTHLAKE, TEXAS• GRANTING A ZONING IlkNGE ON A CERTAIN T OR TRACTS OF LAND IN THE CITY OF SOUTH- S I G , TEXAS, BEING AP- IMATELY 1.379 ACRES ATED IN THE FRANCIS 25th June 1996 C TS NOS 1511Y.TRACT SWORN TO BEFORE ME, THIS THE DAY OF 4C AS RECORDED IN VOL- UN 6096, PAGE 295 OFLID THE DEED RECORDS OF �av ��`` Notary Publiclak . TARRANT COUNTY TEXAS )-P u°�.4 RHONDA R. GOKE AND MORE FULLY AND %_i COMPLETELY '..,- DESCRIBED i \ _.•• COMMISSION EXPIRES IN EPL FROM BED �i i AGRICULTURAL DISTRICT #��"• 7TARRANT COUNTY,TEXAS TO RESIDENTIAL INGLDIS DISTRICT, �'IIh�F" {1- SEPTEMBER 8, 1999 SUBJECT TO THE SPECIFIC I��`:." REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE;I CORRECTINGINGMP THE 3 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK OFFICIAL ZONING MAP•PRE- YOU! SERVING PUBLIC INTEREST, MORALS AND GENERAL ZONINGE CHANGES ADEMAND �-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�* AMENDMENTSHEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BEAu) CUMULATIVE OF ALL ORDI- NANCESJ PROVIDING A SEV- ERABILI1Y CLAUSE•PROVID- ING FOR A PENALTY FOR VI- pc;OLATIONS HEREOF St � a iLICATI A HEVOFFI- ra m USE;GPROVIDING FOR REMIT TO: ► 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 LIGATION IN THE OFFI- NEWSPAPER• ANDI JVIDING AN EFFECTIVE ACCOUNT AMOUNT ATE. CIT57 53.46 Section 7: Any persons firm NUMBER DUE or corporation who violates, disobeys,omits,neglects or refuses to comply with or 1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 who resists the enforcement PAGE OF of any of the provisions of this ordinance shall be fined' no more than two thousand dollars($2,000.00)for each offense.Each day that a vio- latiop is permitted to exist shall constitute a seperate• offense. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE S 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 53 . 46 PLEASE PAY THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 2060653 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS my of Tarrant • efore me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH!LINE RATE AMOUNT 7/06ME 2060653 CITY OF SOUTHLAK I358 • 1x 79L 79 . 66 52 .14 07/06-07/06 SOU1i . r. TEXAS O'DINANCE N .480-200 ORDINANCE AMENDING -- .,IL ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVE ZONING ORDI- • NANCE OF THE CITY OF SOUTHLAKE, TEXAS;. GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING AP- PROXIMATELY -- - - - - - -- --- 1.379 ACRES SITUATED IN THE FRANCIS THROOP SURVEY. AB- STRACT NO. 1511, TRACT 4C, AS RECORDED IN VOL- UME 6096, PAGE 295 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAND MORE FULLY AND COMPLETELY DESCRIBED /� . IN EXHIBIT "A" FROMLYAND SIG N AGRICULTURAL DISTRICT TO"SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT SUB- 9 t h J U L Y 1996 SUBSCRI I fIREMENTS s ONTnNED TO BEFORE ME, THIS THE DAY OF IN THIS ORDINANCE- COR- RECTING THE OFFICIAL .�\` vba-► `//�� ZONING MAP,'�PERSERVIN ar •p`�, �` J. ALL OTHER PORTIONS O .o`P`%"''•e�'', RHONDA R. GOKE otary Public C" THE ZONING ORDINANCE' Sri •.,�i .)fi-t&-kiL_. DETERMINING THAT TH • i PUBLIC INTEREST, MORAL 4, COMMISSION EXPIRES MA -- AND GENERAL WELFARE ��1. DEMAND• THE ZONING 4T . +P= SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS CHANGES AND AMEND- MENTS HEREIN MADE;PRO- VIDING THAT THIS ORDI- NANCESHALL BE CUMULA- PLEASE ROVIDIVE ING ALLF SEDENRABILITYAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF- PROVIDING IDING SAV-1LONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A�- FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates,di- obeys,omits,neglects or re- ar fuses to comp) with or who resists the enforcement of any of the provisiohs bf tllis REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ordinance shall be fined not1 more than Two Thousand Dpllars ($2,000.00)• for 206 -e,..h offense. Each day that ACCOUNT AMOUNT a violation is permitted to ex- NUMBER C I T 5 7 DUE 52.14 ,, ist shall constitute a sepa- rate offense. • PASSED AND APPROVED PAGE 1 OFI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 THIS THE 2ND DAY OF JULY, 1996, DURING THE REGU- LAR CITY COUNCIL MEET- ING OF THE CITY OF SOUTH- LAKE TEXAS MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRTARY APPROVED AS TO FORM: E.Al:' '%TAYI 01- IR-, CITY r 'RNEY S CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 52.14 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED