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480-209CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-209 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 1.61 ACRES SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, TRACT 2Al AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT 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. 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 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 lbr the purpose of promoting the public health, safety, morals and general welfare, all in accordance ~ith a comprehensive plan; and WIIEREAS, 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\480 209 SFI 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 ~vidth 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 poblic health by surfacing on all parking areas to control dust; efl'ect 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 fbr 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, Wt tEREAS, 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- croxvding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, %]:tEREAS, 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 l. 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\480-209 SF ! Page 2 Being a 1.61 acre tract of land situated in the A.A. Freeman Survey, Abstract No. 522, Tract 2Al, and more thlly and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1A" 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 ~velfare 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, 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 Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances xvhere 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 -l'housand Dollars ($2,000.00) for 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 afl'ected by this ordinance but may be prosecuted L !CTYDOCS',ORD\CASES\480-209 SF1 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 (l 0) 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 6~ day of~ 1996. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day of ~6. '/ MAYOR L:\CTYDOCS~ORD\CASES\480-209 SF 1 Page 4 ATTEST: APPROVED AS TO FORM AND LEGALITY: DATE: L:~CTYDOCS' ORD\CASES\480-209 SF Page 5 EXHIBIT "A" Commence at a 1/2 inch iron found at the Southeast corner of the above referenced tract, said point being, by deed call, 303 varas East and 1203 varas South, of the Northwest corner of said Freeman Survey, thence South 89 degrees 57 minutes 19 seconds West, 0.6 feet to a point in an existing fence for the Southeast corner and POINT OF BEGINNING of the herein described tract; Thence South 89 degrees 57 minutes 19 seconds West; along the North line of Southridge Lakes Phase III, Section One as shown on a Plat of record in Cabinet "A", Slide 782, Plat Records, Tarrant County, Texas, 164.39 feet to a point in'same and from which said point a 1/2 inch iron at the original.Southwest corner of the above referenced tract bears South 25 degrees 20 minutes 24 seconds East .14 feet; Thence North 25 degrees 20 minutes 24 seconds West 259.11 feet to a 1/2 inch iron found in the apparent South R.O.W. line of Peytonville Avenue; Thence North 65 degrees 03 minutes 49 seconds East 310.46 feet along said line to a point at the Northeast corner of the above referenced tract and from which said point the center of a 6 inch metal post bears North 23 degrees 50 minutes West 0.47 feet; Thence Southerly with an existing fence line to and along the Westerly line of Southridge Lakes Phase IV, Section One, as shown on a Plat of record in Cabinet "A", Slide 1031, Plat Records, Tarrant County, Texas, the following: South 01 degree 14 minutes 26 seconds West 85.92 to a capped iron .found, South 00 degrees 38 minutes 06 seconds West 60.12 feet to a capped iron found, South 00 degrees 57 minutes 47 seconds West, 145.14 fee~ to a capped iron found and South 00 degrees 59 minutes 06 seconds West 73.82 feet to the POINT OF BEGINNING and containing 1.61 acres, more or less. L:\CTYDOCS\ORD\CASES\480-209.SF1 Page 6 Star-Telegram h tU. I.U. NU. LL 3148254 AD ORDER NO. 2425357 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 57 SSTATE OF TEXAS ty 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: r DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTLINE RATE AMOUNT 9/07ME 2425357 CITY OF SOUTHLAK I358 lx 74L 74 .66 48. 84 CITY OF SOUTHLAKE,TEXAS 0 9/0.7_-0 9/0 7 ORDINANCE NO.480-209 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE CONIPRE- -- 1 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 1.61 ACRES - SITUATED IN THE A.A.FREE- MAN SURVEY, ABSTRACT NO. 522, TRACT 2A1 AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- ) HIBIT "A" FROM AG" AGRI- CULTURAL DISTRICT TO'SF- 1A- SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC UIREMENTS CON- ED IN THIS ORDI- SI CE; CORRECTING THE CIAL ZONING MAP;PRE- VING ALL OTHER POR- DINANCEF THDE�ERIMINING SWORN 1 Oth DAY OF SEPTEMBER 1 96 THAT THE PUBLIC INTER- .Ry.„, EST, MORALS AND GENER- 7h•••- ! AL WELFARE DEMAND THE ct, srf, RHONDA R. GOKE N ^ ZONING CHANGES AND ; /k/{�\-1 AMENDMENTS HEREIN ei•i �'� COMMISSION EXPIRES Notary Public '-Q , THISEORDINANCENG SHALLHBE r r'a /� 7s SEPTEMBER 8, 1999 CUMULATIVE OF ALL ORDI- ,F'o••'1e+= NANCES PROVIDING A SEV- ‘. i,- TARRANT COUNTY,TEXAS ERABILITY CLAUSE-PROVID- �� ING FOR A PENALTY FOR VI- OLATIONS HEREOF,* I PROVIDING A SAVING CLAUSE; PROVIDING FOR CIAL ICNEWSPAPERE AND ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A 1 ��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 Thou- t sand Dollars ($2 000.00) for each offense. path day rain \ that a violation is permitted REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a separate offense. PASSED AND APPROVED THIS THE 3RD DAY OF SEP- ACCOUNT AMOUNT THEEBRR, 19AR CITYDURING NUMBER C I T 5? DUE 48.84 COUN- CIL MEETING OF THE CITY MAYOR RICK STACYS PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: SANDRA L. LEG- RAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY CITY OF SOUTHLAKE S 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 48.84 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Q Q FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 2342970 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS illity 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 RATE AMOUNT INCH/LINE 8/23M 2342970 NOTICE OF PUBLIC I358 1x 81L 81 •66 53.46 ( PUBLIC HEARING NOTICE IS HEREBY GIVEN t 0 8/2 3-0 8/` all interested persons that the City Council of the City of Southlake, Texas, will be _. holding a public hearing dur- Ih ing the Regular City Council ' Meeting to be held on Sep- tember 3, 1996 at 6:00 p.m. in the City Council Chambers of City Hall 667 North Carroll Avenue,South- lake,Texas. Purpose of the hearing is to consider the second reading ofthe following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-209 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS • AMENDED, THE COIv4PRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF RNTIG SOUTHLAKE, TA ZONING it ON A CERTAIN T OR TRACTS OF LAND S I G IN THE CITY OF SOUTH- OIMATELY,1 611 ACRES 26th AUGUST 1996 S SITUATED IN THE A.A.FREE- SWORN TO BEFORE ME, THIS THE DAY OF MAN SURVEY,'ABSTRACT , NO. 522, TRACT 2A1 AND MORE FULLY AND COM- n)�' PLETELY DESCRIBED IN EX- HIBI T --Z 'A" FROM "AG"AGRI- p�' ' er 4---(A- 1 / a )ftA).-b ,t_ CULTURAL DISTRICT TO"SF- +•_? _'..r,r� RHONDA R. GOKE Notary Public �' 1A" SINGLE FAMILY RESIDENTIAL DISTRICT �i•t, : > COMMISSION EXPIRES SUBJECT TO THE SPECIFIC t +/'��•. ,'7r r REQUIREMENTS CON- d a,�;F......-./: SEPTEMdER 8, 1999 TARRANT COUNTY,TEXAS TAINED IN THIS ORDI- 4,�o`vr' NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING OR- MAT TEFiE PUBLIC^INTER> ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! EST, MORALS AND GENER- AL WELFARE DEMAND THE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ZONING CHANGES AND l� -----A—— AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- SINGBOR A PENASLTY•FOR VDF OLATIONS HEREOF' ra PROVIDING A SAV�(VG� CLAUSE; PROVIDING FOR REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PUBLICATION IN THE OFFI- CIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. NUMBERT C I T S? AMOUNT 53. 46 Section 7.Any person,firm or corporation who violates, drefuses omits,comply or IF ANY QUESTIONS, PLEASE CALL(817)390-7885 whooses totcompf with or PAGE 1 Oa resists the enforcement of.any of the provisions of this ordinance shall be fined not 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 /s/Sandra L.LeGrand, City Secretary ID CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 53. 46 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED