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480-241CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-24l .\N 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 TIlE CITY OF SOUTHLAKE, TEXAS BEING Al'PROXIMATELY 6.311 ACRES SITUATED IN THE THOMAS M HOOD SURVEY. ABSTRACT NO. 706, BEING TRACT 8D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF- 1 B" 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, MOP, ALS 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: WHERE\S, 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 ',k HERE ~S. a chm~ge in the zoning classification of said property' was requested by a person or corporation having at proprietary interest in said property: and WHERE:AS, the City Council of the City of Southlake, Texas, at a public hearing called by the City (?ouncil did consider the Ibllowing factors in making a determination as to whether these L CTYDOC S\ORD\C \SES',480-241 .WP[) Page i 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 f¥om fire hazards and damages; noise producing elements and glare of the vehicular and stationao' lights and ef'fect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and a4jacent 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 fbr 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 t:acilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitabiliw 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 tbund 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 lbr 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 tbr, 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 SOWI HLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City ol' Southlake. Texas. passed on the 10th day of September. 1989, as originally adopted and amended, is hereb? 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\480-241 WPD Page 2 Being a 6.311 acre tract of land situated in the Thomas M. Hood Survey. Abstract Nc,. 706. being Tract 8D. and more tully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1 B" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map or' 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, Fexas, 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 ol' 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 a~'t'ecting 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 1. CTYDOCS~,ORD\CASES\~.80 24t 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. l 3 of the Charter of the City of Southlake. Section 10. publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the /O2'~ day of .~/,,4ff , 1997. This ordinance shall be in full force and effect from and after its passage and ATTEST: C~TY SECRETARY day o , 1997. PASSED AND APPROVED on the 2nd reading the k9 L xCTYDOCS/ORD\CASES\480 241.WPD Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CTTY ATTORNEY~/ 'd;/ - L ~CTYDOCS' ORD\CASES\480-241 WPD Page 5 EXHIBIT "A' to Michael Deese, et ux Fa~ela Page 1822 of Vol~mm~ 8422 in the Tarrant C~n{y Deed Records; THENCE S 89© 48' W along the ~rth lin~ of said West Highland Road a distance of 346.34 feet to ~n i~ r~d at the ~theast cocner of a 0.92 acre tract a,s conweyed to Jerry Passer,re, et ux Bernice Pas~more by d~ recorded as Tra~t A on Page 512 of Volume 7311 in the Tarrant O°unt~-De~ Records; THENCE North a distance of 399..16 .feet to an irc~ r~d at the Northeast corner of Pa~s~)re Tract A; THElqCE West a distance of 190.0 feet. ~ aun £~ ~d in the East line of a tract as c°~ueyed to ~- E. ~; et ux Ma~ilyn E. Sccabeck by ~ recorded.~ ~ 2~1 of Vol~me 6267 in Tartant South line of Lot 2-B-t, the City of Southlake, Tar:ant Co--ntT, Texas acco~ing to plat reoorded on Page 719 of ~7oiun~ 3~8-11~ in the Tarrant County Plat Records; THENCE East a distance o~ 542.97 feet to an irc~ rod in the South line of Lot 2, Block B, RAvENAUX VILLAGE, an addition to the City of Southlake, Tarrant .County, Texas acoording ~o plat recorded on Page 31 of Vol~ne 388-213 in the' Tarrant County Plat Records and also being the Northwest corner of said Deese tract; THENCE Sc~th a distance of 651.58 feet to place of be~nning, containing 6.311 acres or 274,912 square feet of land. L:\CTYDOCS',O RD\CAS ES~,480-241 .WPD Page 6 oU~~° TRACT MAP i Star-Telegram FED. ID. NO. 22-3148254 AD ORDER NO. 11483603 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TATE 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INTO/LINE RATE AMOUNT 8/08ME 1148360 CITY OF SOUTHLAK I358 lx 74L 74 . 79 58 . 46 CITY OF SOUTHLAKE, 0 8/0 8-UDH-_ -- --- TEXAS ORDINANCE NO.480-241 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDEDTHE CONIPRE- ..... _. _......._.....___.. -..___.._..___ ._............... HENSIVE ZONING ORDI- NANCE OF THE CITY OF, SOUTHLAKE, TEXAS' I GRANTING A ZONING CHANGE ON A CERTAIN• - -- - ------ - TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING AP- PROXIMATELY 6.311 ACRES SITUATED IN THE THOMAS H. HOOD SURVEY, AB- STRACT NO. 706 BEING, TRACT 8D AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL' DISTRICT TO ECT TIN- HE E FAMILY RESIES TRICT,SUBJECT TO THE CIFIC REQUIREMENTS S I G TAINED IN THIS ORDI- NCE; CORRECTING THE FFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR-.� 21St AUGUST 1997 Sl TIONS OF THE ZONING OR SWORN. TO BEFORE ME,,,WS THE DAY OF DINANCE; DETERMINING THAT THE PUBLIC INTER- ALT, MORALS AND GENER- '!f tti, COKE TiiAlTh(\,(1..A_.AL WELFARE DEMAND THE {S . . . NIRE1 jy+�ZONING CHANGES AND '^.- ,r1f, Notary Public -ic), MADE- PROVIDING H THAN THIS ORDINANCE SHALL INCUMULATIVE OF ALL ORDI- TARRANT COUNTY,TEXAS NANCES'PROVIDING A SEVERABILITY CLAUSE'PROVID- ING FOR A PENALTY FOR VI b OLATIONS HEREOF PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI, ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN NEWSPAPER,- FECTIVEE DATE. .TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----A Section 7.Any person,firm or• I corporation who violates, • disobeys,omits,neglects or refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou iisand Dollars ($2 000.001 ram for each offense. Each day that a violation is permitted REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 7610E to exist shall constitute a separate offense. PASSED AND APPROVED DURING THE CITY COUNCIL_ ACCOUNT AMOUNT MEETING HELD ON A -GUS1 NUMBER C I T 5 7 DUE 58 . 46 5 tog7 g TTE3TStacy.Mayor PAGE O IF ANY QUESTIONS, PLEASE CALL(817)390-7885 /s/Sandra L.LeGrand, 1 1 City Secretary APPROVED AS TO FORM: City Attlorneyaylor,Jr., • CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 7609E-9595 THIS AMOUNT, 58 . 46 PLEASE WRITE IN AMOUNT ENCLOSED rtU. I.U. NU. ZZ-014i5Z54 Star-Telegram AD ORDER NO. 11352551 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS unty 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 TOTAL INCH/LINE RATE AMOUNT 7/18ME111352551 NOTICE OF PUBLIC I358 1x 82L 82 . 79 64 . 78 NOTICE OF07/18-07/18 ------ PUBLIC HEARING Lf Notice is hereby given to all interested person that the City Council of the City of _..-._.. Southlake, will be holding during the Regular City Council meeting to be held on August 5, 1997 at 6:00 p.m., in the City Council --- Chambers of City Hall 667 - - --- - North Carroll Avenue,Halt, 667 Purpose of the hearing is con- sider the second reading of the following ordinance. -` _--- -- - - CITY OF • SOUTHLAKE.TEXAS ORDINANCE NO.480-241 AN ORDINANCE AMENDING ORDNANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- \ NANCE OF THE CITY OF SOUTHLAKE, TEXAS- ZIN :HANGEGON AA CERTAIN SIG TRACT OR TRACTS OF LAND NITHIN THE CITY OF SOUTH- ,_, AO TEXAS BEING11 AP-SWORN TO BEFORE ME, THIS THE _9Sth DAY OF jury 199 PROXIMATELY 6.311 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, AB- STRACT NO. 706 BEING j 't''���' � `," ,_- TRACT 8D AND MORE FUL- - TY ' LY AND COMPLETELY DE- P ?p 1•.., ....%,0 RHONDA R. GOKE Notary Public oi\x,,,A.0.. _,E_ io FROMED AG"NAGRICULTURAL HIBIT "A" #s , `4, COMMISSION EXPIRES DISTRICT TO "SF-1B" SIN- GLE FAMILY RESIDENTIAL #le. 'y, %S SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS DISTRICT,SUBJECT TO THE r 4,{• `fit:+., SPECIFIC REQUIREMENTS �'hF�os"�=- CONTAINED IN THIS ORDI- ‘4•111: wv---,‘,- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- INOFTHE°ZONINNERPOR- TIONS OORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DINANCE, DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----,A AL WELFARE DEMAND THE• ZONING CHANGES AND I AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE iti CUMULATIVE OF ALL ORDI- NANCES'PROVIDING A SEV ERABILITY CLAUSE_;PROV - 1 ING FOR A PENALTYID FOR VI- rain OLATIONS HEREOF PROVIDING A SAVINGS CLAUSE; PROVIDING FOR REMIT TO: 11110. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PUBLICATION IN THE OFFI- CIAL NEWSPAPER,' AND PROVIDING AN EFFECTIVE ACCOUNT AMOUNT DATE. NUMBER C I T 5 7 DUE 64 . 78 Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or PAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7885 O� who resists the enforcement 1 1r 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. Sandra L.LeGrand City Secretary City of Southlake • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY1 SOUTHLAKE, TX 76092-9595 THIS AMOUNT 64 . 78 PLEASE WRITE IN AMOUNT ENCLOSED