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480-286CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-286 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF -FILE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING I,EGALLY DESCRIBED AS TRACTS lA AND 1C1A SITUATED IN THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350, AND TRACT 2B1 SITUATED IN THE JAMES L. CHIVERS SURVEY, ABSTRACT NO. 348, AND BEING APPROXIMATELY 24.225 ACRES, 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 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 1o 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 tbr the purpose of promoting the public health, safety, morals and general well;are, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under thc 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 Page I WtfEREAS, 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 thcilities in thc area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationaD, 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 pnblic 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 consetwe the value of the buildings, and encourage the most appropriate use of the land throughout this City: and, WItEREAS. 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 thc 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 cnnditions 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 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, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOIJTHLAKE, TEXAS: Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City Page 2 of Southlake, Texas, passed on the 10th 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 sho~n and described below: Being Tracts lA and 1C1A situated in the Joel W. Chivers Survey. Abstract No. 350, and Tract 2BI situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 24.225 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-I A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map ol'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 ~br the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, ~vords, 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 nndue concentration of population; and to facilitate the adequate provision of transportation, ~ater. sewerage, drainage and surface ~ater, parks and other commercial needs and development of the community. They ha'~e 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 v, ith 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 xiolation is permitted to exist shall constitute a separate offense. Page; 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 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 tbr 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. 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. on the 1st reading the/1 day of ~~, 1998. PASSED AND APPROVED MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the o.... ~. '... ...' ~ .~ day of/ffJ~J~998. X¢OR ATTEST: Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: /0 --(o - C]~ ADOPTED:~ EFFECTIVE:~ Page EXHIBIT "A" PROPERTY DESCRIPTION Page 6 TRACT MAP M. BONACCI B. ADAMSON J. WILLIAMS ~W. BURTON N N ILl 'l <.-. J. GILLILAND = z uJ LU t-- < ~ Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13737426 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 ammie Bryant personally appeared 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 NCH/LINE 9/18ME 13737426 CITY OF SOUTHLAK I358 1x 78L 78 . 81 63 . 18 09/18-09/18 CITY OF SOUTMLAKE, ORDINANCCC NO 480-288 i AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, 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 LEGAL- LY DESCRIBED AS TRACTS THE JOEL W CHIVERSESUR- VEY, ABSTRACT NO. 350, AND TRACT 2B1 SITUATED IN THE DAMES L. CHIVERS SURVEY, ABSTRACT NO. MAT348 AND BEING AACRES, �� MATELY 24.225 ACRES, SIG o AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT TO - 21 :.` SEPTEMBER 1998 SU RESIDENTrE DISTRICT NORN TO BEFORE ME, THIS THE DAY OF SUBJECT TO THE SPECIFIC _ REQUIREMENTS CON- TAIFIED IN THIS ORDI- -'''I NANCE; CORRECTING THE . !!', RHONDA R. GOKE # Notary Public 10-k-CA.Ad.,40.. 1Q. .&-ile .____ OFFICIAL ZONING MAP;PRE- ;c,S SERVING ALL OTHER POR- ' ''� COMMISSION EXPIRES TIONS OF THE ZONING ORDI- NANCE,- Nf HA THE PUBLICR INTER 1 y.iF .' SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS EST, MORALS AND GENER 14 - AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN THISEORDINANCENSHALLHBE , CUMULATIVE OF ALL ORDI- NANCES, JRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING A SEV- BFOR A PENALTY PROVID- ING VI- —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---j — OLATIONS HEREOF PROVIDING A SAVINGSCLA ` PUBLICATI PROVIDINGI T FOR OFFI- CIAL NEWSPAPER'AND P - VIDING AN EFFECTIVE DATE. SSection 7.Any person,firm or corporation who violates, disobeys,omits,neglects or Tram refuses to comply with or who resists the enforcement REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 of any of the provisions of this ordinance shall be fined not Two Thou- ACCOUNT C I T 5 7 AMOUNT 63 . 18 sandmore Dollars than($2 000.00) NUMBER DUE for each offense. each day that a violation is permitted separatet a shell constitute a IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PASSED AND APPROVED ON PAGE], O} THE 15th DAY OF SEPTEM- REGULAR98CITDY COUNCIL MEETING. MAYOR RICK L. LEG- 4PPROVED AS TO FORM: E. ALLEN TAYLOR JR.,CITY AT- TORNEY_ • CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY ki SOUTHLAKE, TX 76092-9595 THIS AMOUNT 63 . 18 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram f CU. LU. IV V. IYOGOY AD ORDER NO. 13565406 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 IllSTATE 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: C DATE AD ORDER NO. DESCRIPTION AD SIZE AL INCHTL NE RATE AMOUNT 8/21ME 13565406 NOTICE OF PUBLIC I358 1x 86L 86 . 81 69 . 66 NOTICE HEARINGOFPUBLIC 0 8/2 1-0 8/22 1 ..... _ _._. _.... _. _.... --.-- Notice is hereby given to all in- he Cityilf sCounc ofd theCity s hat tof Southlake, will be holding a • public hearing during the • Regular City Council meeting to be held on September 1, 1998 at 6:00 p.m., in the. CitCity Hall,667 North Carro l Avenue,Southlake,Texas. Purpose of the hearing is to ___ _.. . -.. .. consider the second reading • of the followin ordinance. CITY OF E07CAS FAKE, IIORDINANCE NO.480-288 °,ORDINANCE ORDINANCE _ACSa MENDED, THE COfASZ_ NSIVE ZONING ORDI- NCE OF THE CITY OF UTHLAKE, TEXAS- SIG RANTING A ZONING CHANGE RACT OR TRACTS OF LAND Sl gKEINTEXASIBENG LEGAL- WORN TO BEFORE ME, THIS THE 24th DAY OF AUGUST 1 98 LV DESCRIBED AS TRACTS •IA AND 1C1A SITUATED IN • THE JOEL W.CHIVERS SUR- VEY, F�I AND ABSTRACT SIT TE _ P" .••`",, RHONDA R. COKE Notary Public h .C1(Lt.O.-, • AND TRACT ACT NO. 3 0,, 10: soh S R E JAMBS R CHIVERS j COMMISSION EXPIRES SURVEY, ABSTRACT NO. f.i �, .. .,� •348, AND BEING APPROXI- i i\ , . Mp7ELY 24.225 ACRES, sir•. ` f AND MORE FULLY AND COM- s1yi•• + SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS HIETEA'OFROMI DESCN RIBED - P ...oF��'" •w o�- -v►••wiloq. 1 CULTURAL DISTRICT TO"SF- 1 A" SINGLE FAMILY F 6USJECT o THE SPECFId)RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! • REQUIREMENTS CON- '. 'PAINED IN THIS ORDI- _ -', ANC AL ZONING MAP; THE—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—� SERVING ALL OTHER POR • - TIONS OF THE ZONING ORDI-' ,, NANCE• DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- o r r r,I'•�' f n r AL WELFARE DEMAND THE St �, ZONING CHANGES AND �'� SECRETARY \ AMENDMENTS HEREINiam MADE PROVIDING THAT REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 -THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- ' NANCES PROVIDING A SEV- ERABILII'Y CLAUSE PROVID- ACCOUNT AMOUNT ' !NG FOR A PENALTY FOR VI- OLATIONS HEREOF- NUMBER C I T 57 DUE 69 . 66 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- IF ANY QUESTIONS, PLEASE CALL(817)390-7885 , VIDINNEWSPAPER,* AN EFFECTIVE DATE PAGE 1 l t Section 7. or " corporation who pvi of to es, I 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- ,sand Dollars ($2 000.00) ' for each offense. Each day le .[hat a violation is permitted • to exist shall constitute a separate offense. Sandra L.LeGrand City Secretary City ofSouthlal I Y OUTHLAKE 667 N CARROLL AVE PLEASE PAY THIS AMOUNT, SOUTHLAKE , TX 76092-9595 69 . 66 1 PLEASE WRITE IN AMOUNT ENCLOSED