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480-195CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-195 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 LEGALLY DESCRIBED AS A PORTION OF LOT 3R1, BLOCK 1, CRUMBAKER ADDITION AS SHOWN ON THE PLAT RECORDED 1N CABINET A, SLIDE 807, PLAT RECORDS TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 13.233 ACRES SITUATED IN T.M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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. REQUESTED ZONING: WHEREAS, the City of Southlake, Texas is a home role 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 G:\ORD~CASES\480 195.WPD Page l 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 welfi~re; 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 ~vho 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 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 ORDA1NED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section l. 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 G:\ORD\CASES\480- i95 WPD Page 2 and amended as shown and described below: Being a 13.233 acre tract of land being legally described as a portion of Lot 3RI, Block l, Crumbaker Addition as shown on the plat recorded in Cabinet A, Slide 807, Plat Records Tm-rant County, Texas, situated in T.M Hood Survey, Abstract No. 706, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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, se~verage, 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 o£ thc balance of said tract or tracts of land described herein. Section 7. Any person, finn or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the en[brcement 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 cs permitted to exist shall constitute a separate offense. G: ORD\CASES\480 195 WPD Page 3 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 ali 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. 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 1 st readi~1996. PASSED AND APPROVED on the 2nd reading the/~_ day of~ ATTEST: dITY sEcRETARY ~.~ ,1996. G:\ORD\CASES\480-195 WPD Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: G:\ORD\CASES\480 I95 WPD Page 5 EXHIBIT "A" PROPERTY DESCRIPTION ZONING REQUEST - SF20A FOX HOLLOW All that certain tract or parcel of land situated in the city of Southlake, Tarrant County, Texas and being a portion of LOT 3R1, BLOCK 1, CRUMBAKER ADDITION, to the city of Southlake, Tarrant County, Texas as recorded in Cabinet 'A', Slide 807, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a ~ inch steel rod found for the Northwest comer of said Lot 3R1 and being in the east right-of-way line of County Road 3123 ( Shady Oaks Drive). THENCE South 89 degrees 08 minutes 00 seconds East with the north boundapff line of said Lot 3R1, 1058.28 feet to a point for Comer, THENCE South 00 degrees 52 minutes 00 seconds West, 199.17 feet to a point for Comer, said point being on a curve to the right through a central angle of 2l degrees 47 minutes 53 seconds and a radius of 55.00 feet; THENCE southeasterly with said curve to the right a total are distance of 20.92 feet to a point for Corner; THENCE South 70 degrees 08 minutes 56 seconds East, 224.84 feet to a point in the Easterly boundary of said Lot 3R1; THENCE South 00 degrees 09 minutes 00 seconds East with the Easterly boundary line of said Lot 3R1,210.20 feet to a ~ inch steel rod for the Southerly Southeast Comer of said lot 3R1; THENCE North 89 degrees 08 minutes 00 seConds West, with the South boundary line of said Lot 3R1, 1,275.10 feet to a ½ inch steel rod found for the Southwest Comer of said Lot 3R1 and being in the said East right-of-way of County Road 3123 (Shady Oaks Drive); THENCE North 01 degrees 05 minutes 30 seconds West with the said West line of Lot 3R1 and the said East right-of-way line, 494.20 feet to the place of beginning and containing 13.233 acres of land G ',OI4 D ~CAS ES\480-195 WPD P:tgc 6 EXHIBIT 'B" 71} FED. I.D. NO. 22-3148254 Fort Worth Star-Telegram AD INVOICE NO. 1646373 400 W.SEVENTH STREET•FORT WORTH.TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE 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 Fort Worth 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 INVOICE NO. DESCRIPTION AD SIZE INTOTAL RATE AMOUNT CH/LINE 4/19IIE 1646373 CITY OF SOUTHLAK I35 1x 69 6- .66 45.54 CITY THLAKE,TEXAS ORDINANCE NO.480-1955 0 4/19-0 4/19 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 A POR- TION OF LOT 3R1 BLOCK 1 CRUMBAKER ADDITION AS SHOWN ON THE PLAT RE- CORDED IN CABINET A, SLIDE 807,PLAT RECORDS, TARRANT COUNTY TEXAS, AND BEING APPROXIMATE- LY 13.233 ACRES SITUAT- ED IN T.M. HOOD SURVEY ABSTRACT NO. 706, AND RE FULLY AND COM- TELY DESCRIBED IN EX- TUR4L DISTRICT TO SF- SIG SINGLE FAMILY SIDENTIAL DISTRICT SUB- JECT TO THE SPECIFIC RE- S OUIREMEOTS CONTAINED SWORN TO BEFORE ME, THIS THE 23rd DAY OF APRIL , 1996 . IN ZONING THE- SERVING ++ r.t , oray.► �` \ ZONING MAP• PRESERVING `! i:'% ALL OTHER PORTIONS OF j '�?""'•�a THE ZONING ORDINANCE %j4 RHONDA R. GOKE Notary Public DETERMINING THAT THE �f . ' COMMISSION EXPIRES PUBLIC INTERESTS, MOR- I i: •� ALS AND GENERA WEL- ice' /\ 14 FARE DEMAND THE ZONING 47) AZ SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS AMEND- MENTSCHANGES HEREIN MADE;D RO- I��LF`AL-1�` r VIDING THAT THIS ORDI- NANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; PCLAUSE;PROVIDING FOR A; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PENALTY FOR VIOLATIONS SAV- INGS OCLAUSE•IDPROVII ,.----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---► FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED THIS THE 16TH DAY OF APRIL 1996 DURING THE REGULAR CITY COUNCIL 1 r o MEETING OF THE CITY OFs ?feiegraiiit �S�OUTHLAKE,TEXAS. REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102 A/ESy:Fickes,Mayor /s/City Sandra L.LeGrand, APPRSOVED Ay S TO FORM: ACCOUNT C I T 5 7 AMOUNT 45.54 /s/E.Allen Taylor,Jr. NUMBER - DUE City Attorney , I'AGF 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 S CITY OF SOUTHLAKE _ 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 45 . 54 THIS AMOUNT, PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram I VV. ' v 'Y V. LG'LJ/VVJV AD INVOICE NO. ],572534 400 W SEVENTH STREET• FORT WORTH,TEXAS 76102 CI T 5 7 III ACCOUNT NO. THE STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Fort Worth 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: TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT 4/05M 1572534 NOTICE OF PUBLIC I358 Ix 59L 59 . 66 38. 94 NOTICE OF PUBLIC HEARING 0 4/0 5-0 4/0 5 NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City o1 Southlake,Texas,will be holding public hearing during the Regular City Council -- - Meeting to be held on April 16,1996 at 7:00 p.m.in the City Council Chambers of City Hall,667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-195 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS siA MENDED, THE COMPRE ENSIVE ZONING ORDI- NCE OF THE CITY OF OUTHLAKE, TEXAS - GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OFLAND S I G N 1^tic<�,.� r.��c,.�. WITHIN THE CITY OF SOUTH- AKE TEXAS BEING AND AORE FULLY AND COM- LETELY DESCRIBED IN EX. SUI TO THE SPECFIC REOUERE)WORN TO BEFORE ME, THIS THE 1OTEDAY OF APRIL X9: MENTS CONTAINED It�THIS i,; ;.,•.,.t,44,,e ."..t. ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP- -kr 1,-,, PRESERVING ALL OTHER P 7.6P... .ve``1,i RHONDA R. GOKE Notary Public v�- PORTIONS OF THE ZONING ,+'?: ny ORDINANCE; DETERMINING i•°�•� •i COMMISSION EXPIRES . THAT THE PUBLIC INTER- EST, MORALS AND GENER- /1'' \ .r' SEPTEMBER 8 1999 AL WELFARE DEMAND THE '��r�•.......•*,- r TARRANT COUNTY, TEXAS ZONING CHANGES AND: ,,``.s AMENDMENTS HEREIN' MADE• PROVIDING THAT 1 THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI-, ERABILITYCLAUSEPRRAOVID: ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONS HEREOF; A AVINS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— . CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI-, PROVIDING AN PEFFFECTIVE DATE. City of Southlake Sandra L.LeGrand b Ci Secretar rin arTelegram REMIT TO: ill. 400 W. SEVENTH ST. • FORT WORTH, TEXAS 76102 1572534 ACCOUNT C I T 57 AMOUNT 38. 94 NUMBER DUE PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501 S • CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 38 . 94 PLEASE PAY ' THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED