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480-304CITY OF Sou'rHLAKE, TEXAS ORDINANCE NO. 480-304 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINA~NCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUq'HLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT IA2 SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 151l, AND BEING APPROXIMATELY 1.97 ACRES, PnND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" 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 .~ND 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 SAVLNGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AN~) 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 Govermnent 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 Ik)r 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 ~,VHEREAS. 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/hcilities: 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, Page 2 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 rei-'erence 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, ~$q~EREAS, 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 f~r a change since the tract or tracts of land were originally classified and therefore t~els 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 1. 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: Bmng Tract lA2 situated in the Francis Throop Survey~ Abstract No. 1511, and being approximately 1.97 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" 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 furore; 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. Ali 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 Page 5 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 or' 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. PASSED AND APPROVED on the 1st reading the c,~ day of~J , 1999. MA~DR ATTEST: PASSED AND APPROVED on the 2nd reading the ,,'~.,~ day o~ , 1999. ATTEST: CItY SECRET~,RY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ~'~ ADOPTED: I]/~ EXHIBIT "A" rHENC~ THENCE THENCE THENCE FOR A TRACT IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SITUATED IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point in the center of Lonesome Dove Avenue, said point being, the Northeast corner of a tract described in a deed of record in Volume 6792, Page 1148, Deed Records, Tarrant County, Texas, said point also being the Southeast corner of the N. E. Thompson Survey, Abstract No. 1653; continuing a~ong the East l~ne of ~he last referenced tract and 'in said Lonesome Dove Avenue the following courses and distances: South 178.97 feet, S67v-31'-00"W. 69.40 feet S~iTv-31'-00"W. 69.40 feet, and S.22 -31 -00"W. 173.30 feet to a nail set in said Lonesome Dove Avenue at its intersection with the extended Northerly line of Dove Road 8nd from which said point a 5/8" iron set ~or ~eference bears N.53 -01'-45"W. 46.18 feet; N.48 ~44~-58"W. along the Northerly line of said Lonesome Dove Avenue and the South line of the last referenced tract 219.38 feet to a 1" iron found at the most Southerly Southwest corner of the herein described tract, said'point being the Southeast corner of a tract described in a deed to Crawford C. Hall etux Doris of record in VRlume 2644 Page 268, Deed Records, Tarrant County, Texas; N.15v-30 -O0"E. along a Westerly line of the tract described in Volume 6792, Page 1148, above referenced, and the East line of said Hall_tract 350.10 feet. t_9 a 1" iron found for corne~;. S. 87° - L6' - 44" E. 167.90 feet to the POINT OF BEGINNING and containing 1.97 acres. WARD ;o., ,.;. p.o. Sox ~t Wo~, T~K~S 76182'.02~3 i ,LO CirCLE ~ 5 E.M E ~ALD CI,~-. r~ 4.CO AC M. COKER "AG" J. TANNER T~ 40 2.32 . . / _ _% \U.S.A.\ S Star-Telegram tU. •L). NU. 12-:.314tj154 AD ORDER NO. 14682662 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: I 1 DATE AD ORDER NO. DESCRIPTION AD SIZE IN TOTAL RATE AMOUNT 3/06ME 14682662 CITY OF SOUTHLAK I358 1x 83L 83 QUOTE 111 . 22 CITY OF 03/06-03/06 SOUTHLAKE,TEXAS NOTICE 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 to be held on March 23, 1999,at 6:00 m.The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing will --- be held regarding the follow- ing: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-304 AN ORDINANCE AMENDING ORDINANCE.NO. 480 AS AMENDED, THE COfAPRE- i HENSIVE ZONING ORDI- , NANCE OF THE CITY OF egsnatziwistivi ta.. .... I SOUTHLAKE, TEXAS' 3RANTING A ZONING S I DHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHLAKEIN THE EXASIBEINF G SOUTH- 8th MARCH 1999 SI LY DESCRIBED AS TRACT SWORN TO BEFORE ME, THIS THE DAY OF 1A2 SITUATED IN THE FRAN- CIS THROOP SURVEY AB- STRACT NO. 1511 AND BE- ‘,,, ING APPROXIMATELY 1.97 1t-aY•Po�h p�� y Public " a. . ACRES, AND MORE FULLY �' '�,.�i, RHONDA R. GORE • SCRIBED COMPLETELY I EXBIT 'A' .Y. �i FROM 'AG' AGRICULTURAL P�;; s'y COMMISSION EXPIRES 1 DISTRICT TO 'SF-30' SIN-, e'-:, +" SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS GLE FAMILY RESIDENTIAL 4"i-.. ..�`�,s DISTRICT,SUBJECT TO THE 'a uF ._ SPECIFIC REQUIREMENTS vii.,� ~%,.,.,,�-4,. CONTAINED IN THIS ORDI- NANCE; CORRECTING THE SSERVIIAL NG ALLINOTHER MAP; POR-' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TIONS OF THE ZONING ORDI- TH T DETERMININGICINTER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�j THAT ORDI- NANCE,' PUBLIC INTER- - EST, MORALS AND GENER- _ AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE SCUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ERING FOITYCLAUSE PROVID- rain INGFOR A PENALTY FOR VI- OLATIONS HEREOF' • /PROVIDING A SAVINGS a CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- ACCOUNT C I T 5 7 AMOUNT DUE 111 .22 CIAL NEWSPAPER;AND PRO- NUMBER VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora- tion who violates,disobeys, PAGE1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 omits, neglects, or refuses to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars 152,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. Sandra L.LeGrand City Secretary Li l I OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-6412 THIS AMOUNT/ 111 . 221 PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22 3148254 Star-Telegram AD ORDER NO. 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 TAMMIE 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 3/26ME 14789862 CITY OF SOUTHLAK I358 lx 74L 74 QUOTE 59 . 94 CITY OF SO UTS LAKE, 03/26-03/26 TEXAORDINANCE NO.480-304 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- 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 IA2 SITUATED IN THE FRAN- CIS . _... -.... _.... _. _. _ _.__ -... THROOP SURVEY AB- STRACT NO.1511 AND BE- ING APPROXIMATELY 1.97 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A` - FROM `AG' AGRICULTURAL DISTRICT TO "SF-30` SIN- GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS SI CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING SERVING ALL OTHER;POE 29t PREh MARCH 1999 SU TIONSOFTHEZONINGORDI WORN TO BEFORE ME, THIS THE DAY OF , NANCE. DETERMINING THAT tHE PUBLIC INTER- 'd'1~E EST, MORALS AND GENER- _�py'Ps‘, �� ,�/ 0 t AL WELFARE DEMAND THE O r GBi.14 RHONDA R. GOK otary Public \jP��-i� �t-(i --6ke ZONING CHANGES AND AMENDMENTS HEREIN i? � COMMISSION EXPIRES MADE PROVIDING THAT I'; •� THIS ORDINANCE SHALL BE , ',9��ni, i S CUMULATIVE OF ALL ORDI- ` tom' SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS NANCES;PROVIDING A SEV- ERABILITY i F t_: r ERABILITY CLAUSE-PROVID- 1‘`..�:'4' ING FOR A PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS I CLAUI E-PRON THE DING OFOFIR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER,AND PRO- VIDING AN EFFECTIVE DATE. - TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT SECTION 7. ---,k — Any person, firm or corpora- tion who violates,disobeys, , omits, neglects or refuses 1 to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand t Dollars ( c for ram each offense.se.Each day that a violation is permitted to ex- REMIT TO: Pl. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ist shall constitute a sepa-_ rate offense. PASSED AND APPROVED BY ACCOUNT C I T 5 7 AMOUNT 59 . 9 4 THE CITY COUNCIL OF THE NUMBER DUE CITY OF SOUTHLAKE, TEX- AS ON MARCH 23 1999. MANOR RICK STACK ATTEST: SANDRA L. LEG- PAGE Jr IF ANY QUESTIONS, PLEASE CALL(817)390-7885 RAND,CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR JR.,CITY AT- TORNEY CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 1 SOUTHLAKE., TX 76092-6412 THIS AMOUNT 59 .94 PLEASE WRITE IN AMOUNT ENCLOSED