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480-284CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-284 AN ORDINANCE .,~IVrENDING 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 SOUTHI, AKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT tD SITUATED 1N THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 2.477 ACRES, AND MORE FULLY A~NT) COMPLETELY DESCRIBED IN EXi~BIT "A" FROM "AG" AGRICULTURAL TO "SF- 1 A" SLNGLE FAMILY RESDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN TI-IlS ORDINANCE; CORRECTING TI-I~ OFFICIAL ZONING MAP; PRESERVING ALL OTI-[ER 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 ORDINPuNCES; PROVDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN TIdE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. V~qfEREAS, 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 21 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 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 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 heating 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 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 fights of those who bought or in, proved 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 oftransportation~ 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 tbr 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 II ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section I 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: Page 2 Being Tract ID situated in the Absolom H Chivers Survey, Abstract No. 299, and being appro:6mately 2477 acres, and more fully and completely described in exhibit "A" from "~G" Agricultural 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 heating 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 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 SecretaD, 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 heating 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 I0 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, x, xx_?uj?~tt!**,on the 1st reading~4~the ? day ~of 1998. CI Y SECRETARY PASSED AND APPROVED on the 2nd reading the/~/ day of~ M ¥61 1998. ATTEST: Page 4 APPROVED AS TO FORM AND LEGALITY: CIYY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 5 EXHIBIT "A" Wnd'EREAS MICHAEL & CYNTHIA MILLER are the owner's of Tract 1D as conveyed bydeed in Volume 12968, P 528 of th6 I'M-ed Reenrd~ nfTarrant ("n.n .fy Texas and being more particularly described as follows: BEGINNENG at the northeast comer of said Miller tra~t, same being in the cemerlin~ of Dove Road;-- THENCE S 00°24'43'' W along the east line of said Miller tract, same being thc west Hne of Tra~t ICI as conveyed to D.J. Wilson lt. in Volume 7605. Page 52g of the Deed . Records of Tarrant County. Texas for 672.81' to a found iron rod at thc southeast comer of said Miller Tract; 1 HENCE N 89°23, 12" W along the south line of said Miller tract for 160.54' to a found iron rod at the .~uthwest comer-of said Miller tract, same be. in~ the ~outhenst career of Lot I of the A. H. Chivers No. 299 Addition as recorded in Cabinet A, Slide 1801 of the Plat Reenrds of Tarrant County. Texas: THENCE N 00024'IT' E along the east line of said Lot 1 for 671.09' to the northwest corner of.said Miller Track same being in the said centerline of Dove Road; THENCE East along said centerline for 160.63' to the POINT OF BEGFN'NFNG and CONTAINING lfl7.g0'~ ~,q.are feet or 2.477 acres of land more or less. TRACT MAP 917 AC~1 TR t0.0 "SF-1A" R. PYE CARROLLISD Z m -n C. MCKEE TR ~B 9.0 AC "CS" CARROLLISD -- ''AG'' "AG" TR IC1 TR 1C t.93 ~ 3.07 AC M. GUEST TR 1 4.18 AC TR 181 t.0 AC TR 2C1 8.78 AC ADJACENT OWNERS AND TR 4B! .8 AC TR 4B t.52 TR 4C Star-Telegram rtU NU. 12_3,4�2b4 AD ORDER NO. 13390385 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS ni tntu-nf Tarrant IRDINANCE NO.480-284 4 ORDINANCE AMENDING ORDINANCE NO. 480 AS Public in and for said Countyand State, this AMENDED, THE COMPRE- HENSIVE y day ZONING ORDI- Tammie Bryant NANCE OF THE CITY OF ry SOUTHLAKE, TEXAS d Billing Specialist for the CHANGEGON AA CERTIAIN blished by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and TRACT OR TRACTS OF LAND LAE,WIIKHIrT THE ITYIOFNG LOUTH-duly sworn, did depose and say that the following clipping of an advertisement was LY DESCRIBED AS TRACT 1D SITUATED IN THE ABSO-'ave named paper on the following dates: LOM H. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 2.477 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A' SINGLE FAMILY RESINIAL SUBJDEECTTTOIllt SPECIFIC tREQUIREMENTS CON- DESCRIPTION AD SIZE TOTAL RATE AMOUNT _RE_ IN THIS ORDI- INCH/LINE NANCE, CORRECTING THE OFFICIAL ZONING MAP;PRE- 7� TIONS SERVING ALTHL ZONING POR- ordinance no . 48 I358 Ix 73L 73 . 81 59 . 13 THAT EtHE PUBLIC DETERMININGINE . 0 7/2 4—07/24__ EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT TH CUMULATIVE OF ALL ORDI- NANCES, I-PROVIDING A SEV- ERABILITY CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGS CLAUSE; PROVIDING FOR _. PUBLICATION IN THE OFFI- ---- — -..- _........_._.__. ._... _.___ CIAL NEWSPAPER,AND PRO- VIDING AN EFFECTIVE DATE. 1 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 Thou- SI D ,d Dollars (S2 000.001 each offense. Each day I a violation is permitted ' exist shall constitute a 27th JULY 1998 PASSED te AND 'APPROVED ) SWORN TO BEFORE M HISP THE DAY OF THIS THE 21ST DAY OF JU- ' Ir p}. LY, 1998.DURING THE REG- �� . yC;. �. '� ULAR CITY COUNCIL MEET- -,-..�`•Y'P•�O;y RHONDA R. GOKE MAYOR RICKSTACY • •'n/r Notary Public ATTEST: i �� •.' COMMISSION EXPIRES SANDRA L.LEGRAND, CITY SECRETARY :6,.,,e,i;C:..„;;""1 /..APPROVED AS TO FORM: SEPTEMBER 8, 1999E.ALLEN TAYLOR,JR. TARRANT COUNTY,TEXAS CITY ATTORNEY + ,i: PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! L----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A 6piy,S14#4" Star-'I'elegrani REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 13390385 ACCOUNT NUMBER C IT 5 7 AMOUNT DUE 5 9 . 13 PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE ., TX 76092-9595 THIS AMOUNT 59 . 13 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13311227 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T' 'E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and f said County and St this day personally appeared 1 ve-' - 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: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of ` Southlake, Texas, will be F holding a public hearing dur ing the Regular City Council Meeting to be held on July DATE AD ORDER NO. 21,1998 at 6:00p.m.in the AD SIZE TOTAL RATE AMOUNT city Council Chambers of the INCH/LINE City Hall, 667 North Carroll Avenue Southlake,Texas., 7/10ME 13311227 NOTICEPurpose of the hearing is to 58 1x 82L 82 . 81 I 66 . 42 consider the second reading 0 7/1 0- of the following ordinance: CITY OF • SOUTHLAKE,TEXAS ORDINANCE NO.480-284 AN ORDINANCE AMENDING -- - AMENDED, THE CO ORDINANCE ONIPRE --...— -- --- -- 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 LEGAL LY DESCRIBED AS TRACT - --- 1D, SITUATED IN ABSOLOM H. CHIVERS SURVEY AB- STRACT A P APPROXIMATELY TELy 2.4 7 ACRES, AND MORE FULLY •AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-IA" SINGLE FAMILY SUBJECT RESIDENTIAL TOTHE SPECIFIC SIGNED /��..r REQIUN- TAINEIDEMN T THIS OS RDI- NANCE; CORRECTING THE SUBSCRIBED AND WORN OSERgwGZONINOTHER;PRE- -HIS THE I DAY OF • TIONS OF THE ZONING ORDI. ' -`pJ P`q, NANCE DETERMINING ',r G@�.�1 RHONDA R. GOKI THAT THE PUBLIC INTER- ' I- L %rl '•n„ EST, MORALS AND GENER- NotaryPublic LO• .t. t'j •°`% COMMISSION EXPIRE AL WELFARE DEMAND THE r rEXPIRE: ZONING CHANGES AND Sr..' ,�s SEPTEMBER 8, 1999 AMENDMENTS HEREIN ti�tf.,,•,,,,.6' MADE- PROVIDING THAT 4,e of?t.= THIS ORDINANCE SHALL BE TARRANT COUNTY,TEXAS %"���� CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ID- ING BFO A PENAILITY SI TY FOR VI- OLATIONSPLEASE PAY THIS ORIGIN) POII A SHAVIEiNG� ECONCILE WITH MONTHLY STATEMENT. THANK YOU! CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- A TEAR A CIAL NEWSPAPER;AND PRO AND 7. F P8 son,film of AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A Secorporation who violates, disobeys, omits, neglects,. or refuses to comply with or) who resists the provsionseofl of any this ordinance shall be tar e e rare Thou- not more than Two sand Dollars l52 Each day• \ for each offense. pech_dey' REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 that a.violation is permitted to exist shall constitute a separate offense. ACCOUNMOU 13311227 City of SouthlakeNUMBERT LeGrandCIT57 AMOUNT 66 . 42 SaCity Secretary -.-- .- PAGE]I a IF ANY QUESTIONS, PLEASE CALL(817)390-7885 OFFICE OF C,Tlf SECRETJRY CITY Of SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT, 66 . 42 PLEASE WRITE IN AMOUNT ENCLOSED