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480-201CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-201 .\N ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED. TIlE COMPREHENSIVE ZONING ORDINANCE OF TI IE CITY OF SOI'THLAKE. TEXAS; GRANTING A ZONING CtlANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 2.819 ACRES SITUATED IN THE TI-lOMAS MAIIAN SURVEY, ABSTRACT NO. 1049. BEING TRACTS 2El and 2G..AND MORE FIJLLY AND COMPLETELY DESCRIBED IN EXIIIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT IO 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. REQUESTED ZONING: 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 (-;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, 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~,480-201 .SFI Page I changes should bc granted or denied: safety of the motoring pnblic and the pedestrians using the thcilities m 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 thc neighborhood: location, lighting and types of signs and relation of signs to tral'fic control and adiacent property: street size and adequacy of width irbr traffic reasonably expected to bc generated b.,, the proposed usc aroand thc site and in the immediate neighborhood; adequacy o~' 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 snrthcing on all parking areas to control dust; effect on the promotion of health ad the general ',,,,elf:are; effect on light and air: effect on thc over-crowding of thc land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other pnhlic 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\480-201 .SFI Page 2 Being a 2.819 acre tract of land situated in the Thomas Mahan Survey, Abstract No. 11)49. being Tracts 2El and ZIG, and more fully and completely described in Exhibit ":\" attached hereto and incorporated herein, from "AG" Agricultural District to "51:-l:V' >;ingle Falnil) Residential District. Section 2. I'hat thc City Manager is hereby directed to correct the Official Zoning map of the C it5 of Southlake. Fexas. 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 nther applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, xvords, 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 thc 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 ts 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\480-201 .SF1 Page 3 until final disposition by the courls. Section 9. The City Secretary. of the City of Southlake is hereby directed to publish the prnposcd ordinance or its caption and penalty together with a notice setting out the time and place Ibr 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 lbrfeiture lbr 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. on the 1st reading the (0 day of ~/~, PASSED AND APPROVED /')11 This ordinance shall be in full force and effect from and after its passage and 1996. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day offS, 1996. L:\CTYDOCS~ORD\CASES\480-201 .SF1 Page 4 ATTEST: CITY SECRETARY APPROVED AS 'FO FORM AND LEGALITY: CITY ATTORNEY DATE' L:\CTYDOCS\ORD\CASES\480-201 .SFI Page 5 EXHIBIT "A" Commencing at the Northwest corner of a ~act of land deeded to D.M. Rodqers as recorded in Vol. 1917, Page 143, Tarrant County Deed Records, same being 7 varas south and 9 varas west of the northeast corner of the Thomas Mahan Survey and the southeast corner of the Francis Throop Survey; Thence North 89 degrees West 428.8 feet to an iron, the northeast and beginning corner of tract being described; Thence South 2 degrees 04 minutes West 558.6 feet to an iron; ?hence North 89 degrees West 219.9 fret to an iron; Thence North 2 degrees 04 minutes East 558.6 feet to an iron in the South line of County Road #3034; Thence along the South line of said road South 89 degrees East 219.9 feet to the Place of Beginning, and containing 2.819 acres of land, more or less. L:\CTYDOCS\ORD\CASES\480-201.SFI Page 6 FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO, 2344668 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 *STATE OF TEXAS • Ay of Tarrant Before 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 8/23ME ' 2344668 CITY OF SOUTHLAK I358 1x 75L 75 . 66 49. 50 CITY OF SOUTHLAKE,TEXAS 0 8/2 3-0 8/2 3 ORDINANCE NO.480-201 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE 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 2.819 ACRES SITUATED IN THE THOMAS MANOH10N 49RBEINJGBTRACTS 2E1 AND 2G, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" AND "AG" AGRICULTURAL DISTRICT TO SF-1A" SIN- GLE FAMILY RESIDENTIALIREMENT � DISTRICT,SUBJECT TO THE PECIFIC REQUIREMENTS NTAINED IN THIS ORDI- CE; CORRECTING THE ICIAL ZONING MAP;PRE- RVINGO ALL OTHER POR- 26th AUGUST 1996 OAN E; THE DETERMINING OR SWORN F REM THIS THE DAY OF THAT THE PUBLIC INTER- , EST, MORALS AND GENER- AL O WELFARE DEMAND THEN 3r. ••y # RHONDA R. GOKE \--)0 ZONING CHANGES AND b` •@%r' NotaryPublic a MAADE; HEREIN 3"G COMMISSION EXPIRES 0 MADE PROVIDING THAT i+• THIS ORDINACNE SHALL BE � : ;•.,f p 9 CUMULATIVE OF ALL ORDI- 4'"• ••rf SEPTEMBER 8, 1999 NANCEST PROVIDING A SEV- '��``'•-• •�±' TARRANT COUNTY,TEXAS ERABILITY CLAUSE-PROVID- .�[, ING FOR A PENALTY FOR VI- OLATIONS HEREOF. PROVIDING A SAVINGSCLAUSE; PRt FOR PUBLICATIONOING INDTHE O F! CIAL NEWSPAPER- ANDS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or TEAFLgLpNG H S P"FORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----Acorporation who violates, +1D��♦.�}/j / disobeys,omits,neglects or refuses to comply with on who resists the enforcement 4 of any of the provisions of •A WO I� ��� this ordinance shall be fined - ` not more then Two Thou sand Dollars ($2 000.00) for each offense. p that a violation is permitted dad rmitted ii to exist shall constitute a • REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS ACCOUNT C I T 5 7 AMOUNT49. 50 THE 20TH DAY OF AUGUST, NUMBER DUE 1996. /s/Garyy Fickes, ATTEST:f Southlake PAGE 1 O41 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 /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 1 PLEASE PAY 49. 50 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED