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480-242CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-242 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS :\MENDED, 'FHE COMPREHENSIVE ZONING ORDINANCE OF I'HE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TE?CAS BEING APPROXIMATELY 4.00 ACRES SITUATED [lq THE OBED[AH W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING TRACT 2C, 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 1N THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS. the City of Southlake, Texas is a home rule Citv acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texa~ 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, ail 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 WIIEREAS, a change in the zoning classitication of said property was requested by a person or corporation having a proprietary interest in said property: and WI IEREAS. the City Council of the City of Southlake. Texas. at a public hearing called by the City Council did consider the folloxving 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 facilities in the area immediately surroanding the sites: satbty I'rom fire baz~ds and damages; noise L \('TYDOCS\ORD\CASES~481) 242 WPD P:tgc ] 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 ,'md relation of signs to traflic control and adjacent property; street size and adeqnacy of width for trafS~c reasonably expected to be generated by thc proposed use around the site and in the immediate neighborhood; adequacy of parking as determined b5 requirements of this ordinance tbr off-street parking facilities; location of ingress and egress points tbr parking and off-street loading spaces, and protection of public health by surthcing 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 tmreasonablv invade the fights 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 m'~d 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, THEI~EFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. ~['hat 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 hcreb? amended so that the permitted nses in the hereinafter described a~eas be altered, changed and amended as shown and described below: Being approximately 4.00 acres situated in the Obediah W. Knight Survey, Abstract No. 899, being Tract 2C, and more tully and completely' described in Exhibit [ '~CT't DO 'SXORD',CASES,480 242 WPD attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1A" Single Family Residential District. Section 2. I'bat the City Manager is hereby directed to correct the Official Zoning map thc Cit? ,)f 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 tc ali 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 ail 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. Secthm 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or ,,,,'ho 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 ;vhich 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 bc aft'ected bv this ordinance but may be prosecuted matil final di~,position 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 it'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 (I0) days after passage of this ordinance, as required by Section 3. l 3 of the Charter of the City of Southlake. Section i 0. 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 ~ day of~ ,1997. ATTEST: (~I-TY SECRETARY PASSED AND APPROVED on the 2nd reading the --~ . day ,1997. I :' CTYDOCS\ORD/CASES\480-242 WPD Pige 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASESX480 242 WPD Page 5 EXHIBIT "A" BEGINNING at a 1/2" iron pin found, said pOint being 2000.00 fmet North of' the Southwest cora-er'of said..~ight Survey, said point also being~'the Northwes[ 'cOr~e*r oZ Lot 23, Bto~k 3, Timarron, Phase One, Section O~e, T~e , Highlands, ac~ording to plat. recorded in Cab~et A, Slide 1014, ~lmt~.Records, Tarrant County~ Texas:'i ' TIt~N(~ ,]Noz~th;',.&l~ng the West line of said ~Oh[ Survey, 825.00 f~e{~, to a 5/8" iron pin found in Lilac Lane; TRENCE South 89 degrees 30 %ninutes 00 secog~s East, along Lilac Lane 210.21 feet,'t,o a nail found for =orner; THENCE South, 827.66 feet to a 1/2" iron pin fo~' fo~ corner in the North line of s~id Block 3, Timarron Addition; '" THENC~ ReSt, aldh~'sald North line, 210.20 feet~ to POINT.. ,O,~,.';IiROINNING and containing 4.00 aorea of land. 1,9, CTY DOCS',ORD%CAS[[S\480-242.WPD TRACT MAP Star-Telegram FED. I.D. NV. 22 314254 AD ORDER NO. 11138755 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 th 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 6/06ME 11138755 CITY OF SOUTHLAK I358 1x 73L 73 . 79 57 . 67 CrlY+R OF NCE NO.480-2 2OUTHLAKE, S ❑6/0 6--8-6/O{S A •i DINANCE AMENDING NCE NO. 480 AS + .DED THE COMPRE- HENSIVE ZONING ORDI- NANcE OF THE CITY OF GRANTING E, A ZONING` CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING AP- PROXIMATELY 4.00 ACRES SITUATED IN THE OBEDIAH W.• KNIGHT SURVEY AB- STRACT NO. 899 BEING TR T 2C AND MORE FUL- , LY 'ND COMPLETELY DE- SCRI ED IN EXHIBIT "A"- FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SIN- GLE FAMILY RESIDENTIAL 111 DISTRICT,SUBJECT TO THE 1PECIFIC REQUIREMENTS OE*PAINED IN THIS ORDI- IANCE; CORRECTING THE c \ )FINCIAL ZONING MAP;PRE- ;ERVING ALL OTHER POR- SI DINANCEF THDETOERIMNINGSWO FORE ME, THIS THE 12th DAY OF _ JUNE 997 THAT, Tri PUBLIC AND INTER- EST, - �y ,n f ^ . S�'`- � , MORALS AND GENER- 4�T°6�h �� II /� 1l/�\1 C AMAL WELFARE DEMAND THEN .e%I� RHONDA R. `�-lk--O ENDMENTSNGESHEREIN fi'..1- ��` �' GOKE Notary PublicMADE PROVIDING THAT •s COMMISSION EXPIRES THIS ORDINANCE SHALL BE. , • " ... ,CUMULATIVE OF ALL ORDI- 1��F - +- SEPTEMBER ES-PROVIDING A SEV- ``h, .E= ER 8, 1999 TARRANT COUNTY,TEXAS ING 'OR A PENALTY-PFOR VI- OLATIONS HEREOF, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN NEWSPAPERE AN D ND ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE.Section 7.Any person,firm or TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A__ corporation who violates, - disobeys,omits,neglects or refutes to comply with or who resist the enforcement of any of the provisions of OFFICE thit ordinance shall be fined OF Snot more than Two Thou- U tha.tR-nd Dollars is permitted0) rain 76102- PASSED for each offense. each day CITY SECRETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 that a violation is xist shall constitute a se rate offense. PASSED AND APPROVED DURING THE CITY COUNCIL ACCOUNT AMOUNT MEETING HELD ON JUNE 3, 1997. NUMBER CIT57 DUE 57 . 67 /VRick Stacy,Mayor A i TEST: /s-{&atdra L.LeGrand, PAGE 1 OFi IF ANY QUESTIONS, PLEASE CALL(817)390-7885 G ecretary P VED AS TO FORM. J� 'Allen Taylor,Jr., ty.Attorn • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 57 . 67 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram rtU I.U. NU. LL 314t5254 AD ORDER NO. 11068411 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 0 STATE OF TEXAS my 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: • I DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 5/23ME11106841], NOTICE OF PUBLIC I358 1x 81L 81 . 79 63 . 99 NOTICE OF PUBLIC HEARING 0 5/2 3-0 5/2 3 NOTICE IS HEREBY GIVEN h, 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 June 3, 1997,at 6:00 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: CITY OF SOUTHAKE,TEXAS ORDINANCE NO.480-242 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED THE COIv(PRE- SIVE ZONING ORDI- EN 0 „ CE OF THE CITY OF THLAKE, TEXAS; NTING A ZONING NGE ON A CERTAIN CT OR TRACTS OF LAND ITHIN THE CITY OF SOUTH- • LAKE, TEXAS BEING AP- ` PROXIMATELY SITUATED IN THEOBEDIAH SWOR( Q F R ME, THIS THE 27th DAY OF MAY , 199 W. KNIGHT SURVEY AB- ..D ^ ^ �'{e/{ -- \ STRACT NO. 899 BEING _.__. ,.,v�q -\Y Vl i l l.. 1 • ' TRACT 2C AND MORE FUL- LY �r' '' '6�'� i�HONDA R. GOKE LY AND COMPLETELY DE- / Notary Public , L-�`SCRIBED IN EXHIBIT "A" i /•n FROM "AG" AGRICULTURAL '• COMMISSION EXPIRES DISTRICT TO SIN- , , ` Zr SEPTEMBER 8 1999 SIN- GLE FAMILY RESIDENTIAL ,�F •.....� - DISTRICT,SUBJECT TO THE ‘`h s r TARRANT COUNTY,TEXAS SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- DINANCE THDETOERMINING 3 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT THE PUBLIC INTER- EST, AND GENER- ALL WELFARE DEMAND THE k"------ -------..ATEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT � ZONING CHANGES AND AMENDMENTS HEREIN MADE, PROVIDING THAT THIS'ORDINANCE SHALL BE °5(/41/C CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ERABILITY CLAUSE;PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' Tram PROVIDING A SAVINGS REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PUBLICATION IN THE OFFI- CLAUSE; PROVIDING FOR CIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE ACCOUNT AMOUNT- DATE. NUMBER C I T 5 7 DUE 63 .99 Section 7.Any person,firm or corporation who violates, , disobeys,omits,neglects or refuses to comply with or PAGE 0 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 who resist the enforcement of any of the provisions of 1 ' 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 /s/Sandra L.LeGrand Secretary CITY OF S O U T H L A K E PLEASE PAY 667 N CARROLL AVE THIS AMOUNT, SOUTHLAKE , TX 76092-9595 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED