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480-215CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-215 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED. THE COMPREHENSIVE ZON1NG 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 1.57 ACRES SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING A PORTION OF TRACT 1 AND A PORTION OF TRACT 2, 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. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted b? 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 WltEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and ~q tEREAS, a changc 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 thc City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the I: CTYDOCS,,ORD\CASES\480-215 .SFI Page 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-stmet parking facilities; location of ingress and egress points fbr parking and off-street loading spaces, and protection of public health by snrfacing 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 lbr 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, WttEREAS, 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- cro~vding 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 them 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, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTt~ILAKE, 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: Being approximately 1.57 acres situated in the R.D. Price Survey, Abstract No. 992, I_ CTYDOC S\ORD\CASES\480-215.SF1 Page 2 and being a portion of Tract 1 and a portion of Tract 2, and more fully and completel3 described in Exhibit "A" attached hereto and incorporated herein, from "A(;" Agricuhnral 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, watcr~ 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, afl'ecting 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, !aeglects 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 until final disposition by the courts. L:\CTY DOCSXORD\CASES\480 215 SF1 Page 3 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 tbr a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides tbr 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 l 0. This ordinance shall be in full force and effect from and after its passage and publication as required by la,v, and it is so ordained. AND APPROVED on the 1st reading the..~ day of~ 1996. PASSED ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the [/ day of~6. ! MA~O~ L: ,,CTYDOCS\ORD\CAS ES\480 215 SF1 Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: L:\CTYDOCS\ORD\CASES\480-215.SF1 Page 5 EXHIBIT 'A' BEGINNING at a concrete monument (No D319-1-1) found in the common survey line of the above mentioned R. D. PRICE -SURVEY, ABSTRACT NO. 992, and the A. ROBINSON SURVEY, ABSTRACT NO. 1131, same also beixig in the West line of White Chapel Road (formally known as Pleasant Run Road), same also being North 88 degrees 57 minutes 55 seconds West 90.54 feet from the Northwest corner of Lot 13, Block B of LAKEWOOD RIDGE ADDITION, an Addition ~to the City of Southlake, Texas, according to the Plat recorded in Volu~e 14, at Page 5, Plat Records of Denton County, Texas; THENCE South 08 degrees 55 minutes 26 seconds West line of White Chapel Road for a distance of 3/8 inch capped iron rod set for corner; East along said 252.54 feet to a THENCE South 00 degrees 53 minutes 22 seconds East along said West line of White Chapel Road for a distance of 104.21 feet to a 3/8 inch capped iron rod set for corner; THENCE South 89 degrees 06 minutes 38 seconds West for a distance of 205.81 feet to a 3/8 inch capped iron rod set for corner THENCE North 00 degrees 53 minutes 22 seconds West for a distance of 356.43 feet to a 3/8 inch capped iron rod set for corner in the common line between R. D. PRICE SURVEY and A. ROBINSON SURVEY; THENCE North 89 degrees 50 minutes 03 seconds East along said common line between R. D. PRICE SURVEY, ABSTRACT NO. 992, and A. ROBINSON SURVEY, ABSTRJ%CT NO. 1311, for a distance of 170.53 feet to the POINT OF BEGINNING. CONTAINING 68,681.50 square feet or 1.5767 acres of land, more or less. I.:\CTYDOCS\ORD\CASES\480 215 SFI Page 6 f-CLJ. I.LJ. INV. CZ-0140L04 Star-Telegram AD ORDER NO. 2497061 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS County of Tarrant ^-fore me, a Notary Public in and for said County and State, this day r_rsonally 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: 7. DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT NCH/LINE 9/20M 2497061 CITY OF SOUTHLAK I358 1x 77L 77 . 66 50. 82 CITY ORDINANCE NO 480-2155 0 9/2 0 0 9/2 0 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS, CHANGEGON AA CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, OXIMATELY 1BEING 7NACRES SITUATED IN THE R.D. PRICE SURVEY ABSTRACT NO.992 AND BEING A POR- TION OF TRACT 1 AND A PORTION OF TRACT 2,AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRI- CULTURAL DISTRICT TO"SF- IA" SINGLE FAMILY • RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- SIG TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- RVING ALL OTHER POR-, SWORN TO BEFORE ME DNS OF THE ZONING OR- THIS THE 23rd DAY OF SEPTEMBER , 1996 NANCE; DETERMINING • IAT THE PUBLIC INTER- "�� EST, MORALS AND GENER- 7?: Y•°pep, � �� " AL WELFARE DEMAND THE C %ly RHONDA R. GOKE Notary Public 'l [�Y1 ix�i I`�° -&- _..4 ZONING CHANGES HEREIN 2 ' .' COMMISSION EXPIRES # AMENDMENTS HEREIN �•1� , MADE; PROVIDING THAT i •.,/\ c f 0 THIS ORDINANDCE SHALL ,, -Fr: SEPTEMBER 8 1999 BE CUMULATIVE OF ALL OR- h�F"o`'��r TARRANT COUNTY,TEXAS DINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF• PROVIDING A SAVINGS CLAUSE; PROVIDING FOR3 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PUBLICATION IN THE OFFI- CIAL NEWSPAPER' AND PROVIDING AN EFFECTIVE k TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A DATE. Section 7.Any person,firm or _ corporation who violates, disob?v; its,neglects or OFFICE OF ,es to comply with or 'esists the enforcement ydlnance shalllbe fined TY SECETARYt atre than Two Thou- lars e. ach da) raiif ' \ offense. each day REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 lation is permitted shall constitute a offense. 2 L 17TH APPROVED DAY OF SEP- ACCOUNT AMOUNT 1996, DURING NUMBER C I T 5 7 DUE 50. 82 .7NGIRFIO O THE CITY JTHLAKE,TEXAS. PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 /s Stacy,Mayor A1�dcST: /s/5andra L.LeGrand, City Secretary 1 APPROVED AS TO FORM: CsTy Attlole ey ylor,Jr., iCITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 50. 82 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 2425355 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 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 9/_07ME 2425355 NOTICE OF PUBLIC I358 1x 83L 83 .66 54 . 78 PUBLIC NOTIHEARING CE OF 0 9/0 7-0 9/0 7 NOTICE'IS HEREBY GIVEN to all interested persons 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 Sep- tember 3. 1996 at 6:00 p.m. in the City Council I -- -- Chambers of City Hall 667 North Carroll Avenue,South- lake,Texas. Purpose of the hearing is to .... consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-215 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF OUTHLAKE, TEXAS ANTING A ZONING r S I +� NGE ON A CERTAIN CT OR TRACTS OF LAND. HIN THE CITY OF SOUTH- PROXIMATELY 1.57"G AACRES SWORN TO BEFORE ME, THIS THE 10th DAY OF SEPTEMBER 1996 SITUATED IN THE R.D. 1 PRICE SURVEY ABSTRACT „��4A ,d-,�,�,o,`,ti NO.992 AND BEING A POR- 7s �- TION OF TRACT 1 AND A NY„n s� v PORTION OF TRACT 2,AND + 6>... .UOf�h, RHONDA R. GOKE Notary Public o &t,e__ MORE FULLY AND COM- d 34�i PLETELY DESCRIBED IN EX- i i•% COMMISSION EXPIRES d HIBIT "A' FROM 'AG" AGRI- �i•4, CULTURAL DISTRICT TO"SF- d i'�'"� Eyr: SEPTEMBER 1999 $ TARRANT COUNTY,TEXAS 1A" SINGLE FAMILY h4' 8, RESIDENTIAL DISTRICT • h��`pF O:� SUBJECT TO THE SPECIFIC ,A � iiiniow•itrimotiomf REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SERVING ALL OTHER POR- TIONS OF THE ZONING OR- DINANCE; DETERMINING—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT mil THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THEN f.� I ZONING CHANGES N fll`JJ tl NI�j/(p/ AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ram ERABILITY CLAUSE PROVID- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ING FOR A PENALTY FOR VI- OLATIONS HEREOF• PROVIDING A SAVINGS` CLAUSE;. PROVIDING FOR ACCOUNT AMOUNT CIAL PUBLICATION E AND NUMBER C I T 5 7 DUE 54. 78 PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or I PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 violates, corporation who 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 separate offense. City of Southlake •draL,LeGrand Secretary S O U T H L A K E 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 54.78 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED