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480-278CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-278 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 :\PPROXIMA]-EL Y 12.573 ACRES SITUATED IN THE THOMAS BEEDY SURVEY. ABSTRACT NO. 72, AND BEING TRACT 2A3, 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 CttANGES 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 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 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 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 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 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 theretbre 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 SOUTHLAKE. TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City ot 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 12.573 acres situated in the Thomas Beedy Survey, Abstract No. 72, and being Tract 2A3, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural 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, 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 or' 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 ~ iolation 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 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 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 10. and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the [ ~ day of'~,0J/ ,,*? ,o u This ordinance shall be in full force and effect from and after its passage ATTEST: , 1998. 4 PASSED AND APPROVED on the 2nd reading the ~:~ \\\\glllllltllll!ll .,,* so u r ,Ye,. ~., -. .............. '~ day of ~ MAYOR ~ , 1998. C~ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY A~'OPTED~ EFFECTIVE: ~ EXHIBIT "A" PROPERTY DESCRIPTION Being a parcel or tract of land out of the T, Beedy Survey, Abstract No. 72, Tarrant County, Texas, and being all that certain tract or parcel of lm"~d as de~:ribed by deed to Ruby L. Hill in Volume 6386, Page 973 Deed Records, Tm-rant County, Texas, and being more pm'ticularly described as follows: Beginning at a 1/2 inch iron rod Ibund in the center of North Peytonville Road, (v~i~ble right-of- way) sa~d iron rod being the southwest comer of the T. Beedy Survey, Abstract No. 72 and the northwest comer of the T. M. Hood Survey, Abstract No 702 of Tarrant County, Texaa. Thence North, with the center ot'Peytonville Road, a distance of 301.16 feet to a P. K. nail ~et in asphalt for a corner Thence South 89 degrees 29 minutes 00 seconds West, with the south line ora ten acre tract of land conveyed to C~rleo and Regina Capili by deed recorded in Volume 11643, Page 671, Deed Records, Tm-rant County, Texas, a distance of 1871.89 feet to a 1/2 inch iron rod found under concrete tbr a comer ! Thence South 00 degrees 22 minutes 00 seconds West, with the west line of Garden Addition as described in Volume 388-208, P~ge 40, Plat Records, Tarrant County, Texas, a distance of 284.29 feet to at 3/4 tach iron rod found for a comer Thence West, with the north line of Coventry Manor Phase Two as recorded in Volume A, Page 3320, Plat Records. Tan-ant County, Texas mad Coventry Manor Phase One as recorded in Volume A, Page 2576, Plat Records, Tm'rant County, 'l'ex~ a distance of 1870.00 feet to the Point of Begmmng ~nd containing 12.573 acres of land. Star-Telegram I LV. I.L.O. G4 ITVGJT AD ORDER NO. 13106549 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 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 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 6/05MEI 13106549 CITY OF SOUTHLAK I358 1x 74L 74 . 81 59 . 94 CITY OF— , 06/05-06/OS SOUTHLAKE TEXAS __. _... ORDINANCE NO.480-278 AN ORDINANCE AMENDING AMENDED, H ORDINANCE OE CONIPRE HENSIVE ZONING ORDI- NANCE OF THE CITY,OF SOUTHLAKE, TE S- GRANTING A ZO d CHANGE ON A CER JpO�IN —_ TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- ' LAKE TEXAS, BEING CAP- PRO)GMATELY 12.5j3 ACRES SITUATED IN THE H- - � OMAS BEEDY SURVEY,RAB- STRACT NO.72 AND BUNG TRACT 2A3 ANO AND MADRE FULLY AND COMPLELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" IN- GLE FAMILY RESIDEN IAL -I STRICT,SUBJECTTO HE r ,PECIFIC EME TS __1;� ONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- S l SERVING OF ALL ZONING ORDI- 'W THE 1©t h DAY • NANCCE• DETERMI ING THAT._THE PUBLIC IN ER- Asir JANE A. DERBY / .1 EST, ORALS AND GE ER- AL WELFARE DEMAND VHE Notary Pu ZONING CHANGES ND r• J.% COMMISSION EXPIRES AMENDMENTS HE EIN .'�t, ;•"�>3 MAD PROVIDING AT �i�%E THIS ORDINANCE SHAL BE " '� }= MARCH 2, 1999 CUMULATIVE OF ALL ORDI- Owl , NANCES•PROVIDING A EV- TARRANT COUNTY,TEXAS ERABILITY CLAUSE PR VID- ING FOR A PENALTY F VI- OLATIONS HEREOF, PROVIDING A SGVQJOR CLAUSE; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! BC PROVIDINGN O PUBLICATION IN THE FFI- CIAL NEWSPAPER-AND RO- VIDING AN EFFECTIVE DATE. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----► Section 7.Any person,fi or corporation who viol tes, — disobeys,omits,neglec s or refuses to comply with or who resists the enforcement of any of the provisio s of this ordinance shall be fined not more than Two Thou- OFFICE sand Dollars (52 7hou1 or each offense. Lai day hat a violation is perrrfitted dram OF CITY SECRETARY REMIT TO: , 400'W. SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constituutte a separate offense. PASSED AND APPROVEON THE 2ND DAY OF J NE, ACCOUNT AMOUNT 1998, DURING THE GU- NUMBER C I T 5 7 DUE 59 . 94 LAR CITY COUNCIL MEET- ING. I _ MAYOR RICK STACY ATTEST: SANDRA L. LEG- ' PAGE 1 01 IF ANY QUESTIONS. PLEASE CALL(817)390-7885 RACIT^SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT, SOUTHLAKE _, TX 76092-9595 59 . 94 PLEASE WRITE IN AMOUNT ENCLOSED _ _ Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13022022 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS runty 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 NCH TOTAL/LNRATE AMOUNT ,- 5/22ME 13022022 NOTICE OF PUBLIC I358 1x 81L 81 . 81 65 . 61 NOTICE OF PUBLIC 0 5/2 2-0 5/2 2 HEARING Notice is hereby given to all in- terested persons that the City Council of the City of - -- - --- --- Southlake, will be holding a public hearing during the Rgular City Council meeting toe be held on June 2, 1998i at 6:00 p m. in the City m, Council _p.m. of Cityl Hall, 667 North Carroll Ave-' nue,Southlake,Texas. • Purpose of the hearing is to consider the second reading of the following ordinance. CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-278 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF 3OUTHLAKE, TEXAS' SIG \ L--\-- 1RANTING A ZONING CHANGE ON A CERTAIN 25th MAY 1998 TRACT OR TRACTS OF LAND S IW.AKEN TEXAS s ING"w=SWORN TO BEFORE ME, THIS THE DAY OF PROXIMATELY �112��.573 , // ACRES SITUATED IN 1ME AB- �µy 4��, g ��(-��LOMASC REEDY SURVEY NG � P"' 'dohITRACT 2A3 AND MORE FUL .} �;'0y RHONDA R. GOKENotary Public ' I S AND COMPLETELY DE- �+ i'i COMMISSION EXPIRES SCRIBED IN EXHIBIT 'A' �i :�f FROM 'TT AGRICULTURAL SINGLEGLL `..`k_+Pr SEP(EMBER 8, 1999 TARRANT COUNTY,TEXAS DISTRICT TO"SF-lA" <' FAMILY RESIDENTIAL DIS TRACT SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED 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 ORDI- NANCE DETERMINING TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---ATHAT THE PUBLIC INTER-. — EST, MORALS AND GENER- _ AL WELFARE DEMAND THE ZONING CHANGES AND MADEDMPROVIDING HEREINENTS THAT THIS ORDINANCE SHALL BE OFFICE OF CUMULATIVE OF ALL CiR '- NUMULA PRO AL Q°r ERAS ,,,. n)0 0 "af��m o� ��� ram CITYSECRETARYREMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 N,N(,� � AA.Z AG1 .fir' �Z o�GZ N;o T a2 i n,i,%.,V.. 4,,,0,c u�~� ACCOUNT AMOUNT nGom��7;JpQZ3c?.�2 NUMBER CIT57 DUE 65 . 61 �N �N rn�°2 PAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7885 n idp IA 1 yl.- CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT, 65 . 61 PLEASE WRITE IN AMOUNT ENCLOSED