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480-271CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-271 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 SOUTI-[LAKE, TEXAS BEING 4.005 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACT 3D, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF- 1A" SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN TI-IlS 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 CiW 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 2l l 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 tbr 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 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 %'HEREAS, the City Council of the Cit~ 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 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 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-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 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 £md 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/hr 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 o.£ the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted andamended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed G:~ORD/ZONING\180.145 Page 2 and amended as shown and described below: Being a 4.005 acre tract of land situated in the Thomas M. Hood Survey, Abstract No. 706, Tract 3D, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF-1A" 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, 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 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 G:!OR D/ZON[NG\480A45 Page 3 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. 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 ti'tis 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. 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 lst reading the .~ dayof~ , 1998. ATTEST: PASSED AND APPROVED on the 2nd reading the . /7 day of ~~,1998. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Page 5 EXHIBIT "A' SURUEy AND F[ELZ) NOTES fOR A TRACT OF LA, ND IN THE THOI, M,S H. HOOO SURVEy, ABST~ NO. 766, S~T~TED IN TA~ C~, T~, AND BE~ ~RE PA~[CU~RLy DESCRZBED BY H~ES AND BO~DS AS FOL~S: (County ~o~d Ho. ~8~), meld point ~e~ng, oy deed c~ll, a97.a2 vara. South ~nd 2G.O [eec E4~C oE the No~c~elc COrner o[ ImLd Hood SUrvey; O N. 89 - Ob' - 25" E. 856.8k feec Co in iron pin found for corner; T,rNCE S bo _ 3~' - 23" ~. 202.~1 feec Co an iron prn found for corner; THENCE S. 58° - 59' ~" ~, 856.~6 fee~ co an Iron ptn found for corner In the Em*c L/ne of .eld Notch PeyConv/lle Avenue; THENCE Notch 2Ua.93 feet alo~-:~ c~[d l-aa Co the POI~ OF 8EC~NN[NC and containing q. O0~ ~: . el. Star-Telegram FED. I,D. NU. 4 AD ORDER NO 12651520 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Ta11Imje 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 3/20ME '12651520 CITY OF SOUTHLAK I358 lx 72L 72 QUOTE 58 . 32 CITY OF ' ❑3/2 0-03/20 -_-._.._ .. ------ ....- -..-. .... ... .._.. SOUTHLAKE,TEXAS ORDINANCE NO.480-271 AN ORDINANCE AMENDING ---- ORDINANCE NO. 480 AS _-..-. AMENDED, THE COMAPRE- _--- 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 4.005 ACRES SITUATED IN THE TH- OMAS M.HOOD SURVEY,AB- STRACT NO. 706 TRACT 3D AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AG- RICULTURAL TO "SF-1A" SINGLE-FAMILY RESIDEN- TIAL DISTRICT SUBJECT TO' THE SPECIFIC REQUIRE-' MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP• PRESERVING ALL OTHER 23th Sl ORo ANC; DETERMNING WORN TO BEFORE ME, THIS THE DAY OF March 1•• THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE u /^1 ZONING CHANGES AND _ �\ a. • a - r �. MADEDMPROVIDING HEREINA ih�T•PI.!B� Notary Public �-1 o. ��� RHONDA R. GOKE CUMULATIVE OFOF ALL ORDF ;���:fry COMMISSION EXPIRES NANCES"PROVIDING A SEV- ` TARRANT COUNTY,TEXAS ERABILIT1'CLAUSE PROVID- ING FOR A PENALTY FOR ti SEPTEMBER 8, 1999 VI- OLATIONS HEREOF; ;"T• �J% PROVIDING A SAVINGS PUBLICCLAUSATIONOINDING E OOR ` F i'ALNENG SEA ER'ANDPRO- RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! VISection 7.Any person,firm or corporation whoho violates, �� —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT — 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- �7 • ' sand Dollars ($2 000.00)S OFFICE '+�F 4 for each offense. Each day that a violation is permitted SECR \ ' to exist shall constitute ar m CITY �'„�PiR REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PASPSEDtAND APPROVED ON THE 17th DAY OF MARCH, 1998 DURING THE REGU- ACCOUNT AMOUNT LAR CITY COUNCIL MEET- ING. NUMBER C ITS? DUE 58 . 32 MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, p� IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PAGE CITY SECRETARY 1 L APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 58 . 32 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegrani FED. ID. NO. 22-3148254 AD ORDER NO. 12567671 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.,P Iicin and for aid Count and State, this day personally appeared i°(�m'M‘e- � 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 3/D6ME 12567671 NOTICE OF PUBLIC I358 1x 67L 67 QUOTE 54 . 27 NOTICE OF PUBLIC 0 3/0 6-0 3/0 6 HEARING VOTICE 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 tole held on March 17, 1998. at 6:00 p.m. in the City.Council'Chambers of.the City Hall, 667 North Carroll Avenue, Southlake, Texas. 'urpose of the hearing is to - - - - - - - — - - --- - consider the win_second reading of CITY Othe F SOUTHLAKE TEXAS ORDINANCE NO.480-271 cN ORDINANCE AMENDING AMENDED,ORDINANCE THE CON PRE HENSIVE ZONING ORDI- VANCE OF THE CITY OF SI IOUTHLAKE, TEXAS; l'RANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND Sl LAIKENTEXASI BEING 4 005 SWORN TO BEFORE ME, THIS THE 1 DAY OF M�sa.C,�1 R. ACRES SITUATED IN THE TH- OMAS M.HOOD SURVEY,AB- �� 3D,_AN NO. 706 TRACT aY.^y;t ��1�-( Jl_A�.. 3D AND MORE FULLY AND %r,?" •.�4 RHONDA R. GOKE Notary Public Al, C OMPLETELY DESCRIBED d:2: •nay IN EXHIBIT "A" FROM "AG" ly` 'Pu'''" COMMISSION EXPIRES AGRICULTURAL TO "SF-1A" i i SINGLE-FAMILY RESIDEN-TO # 'fir .. - -"f SEPTEMBER 1999 TARRANT COUNTY,TEXAS TIAL DISTRICT SUBJECT TO + 4��j.•,,,,,-. 8, THE SPECIFIC REQUIRE- ll<0 MENTS CONTAINED IN THIS r ORDINANCE; CORRECTING .....y`` THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER ORDINANS O;FDETERMINING ' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT THE PUBLIC INTER- EST, MORALS AND GENER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT AL WELFARE DEMAND THE . �\ — ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES•PROVIDING A SEV- SERABILITY CLAUSE•PROVID- ING FOR A PENALTY FOR VI- OFFICE /yC OLATIONS HEREOF V( PROVIDING A SAVINGS REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CLAUSE; PROVIDING FOR ram ^^�•n ,ar PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. ACCOUNT AMOUNT ;ity of Southlake NUMBER C I T 5 7 DUE 54 . 27 's/Sandra L.LeGrand, .ity Secretary PAGE1 °I IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE., TX 76092-9595 THIS AMOUNT 54 . 27 1 PLEASE WRITE IN AMOUNT ENCLOSED