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480-373CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-373 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 TRACT 1A, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 15.47 ACRES, 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 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 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 ZA01 -065 Page 1 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 ZA01 -065 Page 2 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 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: Being a portion of Tract IA, Jesse G. Allen Survey, Abstract No. 18, being 15.47 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. ZA01 -065 Page 3 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 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 ZA01 -065 Page 4 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. 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 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 ZA01 -065 Page 5 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 �1 day of ' 2001. CITY0 �'�.,. .o .� W ' ATTEST: jpx4 � khwa�- CITY SECRETARY PASSED AND APPROVED on the 2nd reading the �- /•••- •• CITY - 2" , ., * = : day of 1. i ATTEST: A M /6 u4x-�- CI TY SECRETARY ZA01 -065 Page 6 APPROVED AS TO FORM AND LEGALITY: ax,j CITY ATTORNEY f o 1,, W ZA01 -065 Page 7 EXHIBIT "A" PROPERTY DESCRIPTION Being a 15.47 acre tract of land sduated in the Jesse G. Allen Survey, Abstract No 18, in Tarrant County, Texas, and being part of a called 20.00 acre as Tract one and Tract two of the Affidavit of Heirship to Job nnie F. 8rumbalow and Walter J. Brumbalow, as recorded in Volume 8850. Page 632 of the Deed Records of Tarrant County, Texas, and being more particuiarly described by metes and bounds as follows; BEGINNING at a % inch iron rod set for northemst corner of the said called 20.00 acne tract, same being the northeast corner of Lot 1, Block 3, of the Cimmarron Acres Addition an addition to the City of Southlake as recorded in Volume 388 -181, Page 8 of the Plat Records of Tarrant County, Texas, and being in the south line of Keller I.S.D. tract as recorded in Volume $641, Page 499, of the Deed Records of Tarrant County, Texas; THENCE S 89 °65'30" E. along the oDmmon line of said called 20.00 acne tract and said Keller I.S.D. Tract a distance of 654.17 feet to a % inch iron rod set for comer, said point being the northeast corner of the said 20.00 acne tract, same being the west line of Lot 23, of the Jellico Estates as recorded in Volume 388 -91, Page 41, of the Plat Records of Tarrant County, Texas; THENCE S 00 °03'27" E, along the common tine of said called 20.00 acne tract and the west line of the Jellico Estates a distance of 1019.80 feet to a point for corner, THENCE S 89 °56'33" W, a distance of 299.98 feet to a point for corner; THENCE 5 00 °0327" E, a distance of 13.77 feet to a point for comer; THENCE S 89 0 52'32" W a distance of 356.61 feet to point for corner, said point being in the east line of the said Cimmarron Add iton and being in the west tine of said 20.00 acre tract; THENCE N 00 "04'36" E, along the common line of said 20.00 acre tract and Cimmarron Acres Addition a distance of 1035.50 feet to the POINT OF BEGINNING and containing 673,821 square feet or 15.47 acres of land. ZA01 -065 Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204372861 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/24/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20437286 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/24/01 ;.w CITY OF SOUTHLAKE TEXAS NOTICE 13580 1 119 119 LINE $6.08 $723.52 SOUTHLAKE TEXAS to exist shall consti- Sales Discount I NOTICE was hereby tote a separate of- given to an Interested tense. ($627.13) persons that the City Sandra L. LeGrand Council of the City of CitY Secretary Southlake, Texas will City of Southlake, be holding a public Texas hearing during the regular city council meeting to be held on Net Amount: $96.39 September 4, 2001, at 7:00 p.m. The meeting will be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas.Purpose of the hearingwill be held regardng the follow- ing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-373 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, THE STATE OF TEX A ZONING CHANGE County of Tarrant TRNACT OF TRACTS OF LAND WITHIN THE CITY OF Before me, a Notary AS T LAKNG EE`GALL- County and State,this d ersonally appeared Christy Holland, Bid and Legal Coordinator for the Star-Telegra DESCRIBED AS A ar-Telegram, Inc. at For W rt in Tarrant County,Texas; and ho, after being duly sworn,did depose and saythe IPA RTSIITUATEDA IN of an advertisement s b he p THE JESSE G. fi in the above n m pap n the listed dates: ALLEN SURVEY, ABSTRACT NO. 18, AND BEING AP- Signed PROXIMATELY 15.47 ACRES AND SUBSCRIBED AND COMPLETELLY LY DE 1E,THIS Friday, August 24 2Q01 SCRIBED IN EXHIBIT 1j1k, ` _ O7 ,/Vw/Notary Public SINGLE FAMILY RESIDENTIAL ES- TATE DISTRICT VICKI L.WASON SUBJECT TO THE' { + "' SPECIFIC RE- P '+ o' OU N ENTS CON- TAINED IN THIS iS ` MY COMMISSION EXPIRES ORDINANCE,.- ORDINNANCE- COR- RECTING THE OF- AUGUST 28,2004 AP;Thank You For M LPRES ONING ~ ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE Star- DEMAND THE ZON- Rem1t To: A M E NAD MEE N T S Customer ID: CIT57 HEREIN PROVIDING M THAT P•O, THE ORDINANCE Customer Name: CITY OF SOUTHLAKE SHALL BE CUMU- FOR IOAITI IDEN ANC AV, 76101-2051 Invoice Number: 204372861 PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A Invoice Amount: $96.39 PENALTY FOR VIO- LATIONS 7� HEREOF; PO Number: PROVIDING A SAV- INGS CLAUSE_; ,......� PROVIDING FOR r ::::::...^ ^^,N:^,-:^,.:„^„w,,:::::,.,.^^,.:„ „,„.,:„: PUBLICATION IN Amount Enclosed: THE OFFICIAL $ NEWSPAPER,' AND PROVIDING AN EF- FECTIVE DATE. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this or- INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 204898521 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/7/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20489852 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/7/01 ...::.:..::::::. ,r, 1 / 'ii�G: :.�„ ram. „cS,.>6. k� CITY OF SOUTHLAKE,TEXAS ORDIN I3580 1 110 110 LINE $6.08 $668.80 CITY OF S ORDINANE TEXAS EO S Sales Discount 4e0-373 ($579.70) AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THE COMPREI1ENSIVE ZONING ORDI- NANCE OF THE CITY Net Amount: $89.10 TEXAS- GURATH NT NEd A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- DESCRIIBE LEGALLY A PORTION OF TRACT 1A SITUAT- ED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING AP- PROXIMATELY 15.47 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM AG" AG- RICULTURALTO"SF- 1A" SINGLE FAMILY THE STATE OF TI RESIDENTIAL ES- County of Tarrant SUBJECT DI _ CountyRTHTE SPECIFIC RE- QUIREMENTS CON- Before me, a NOt£ TAINED IN THIS. ORDINANCE; COR-id County and State,this d rsonally appeared Christy Holland,Bid'and Legal Coordinator for the Star Telegi FICIALJG ZONING star-Telegram, Inc. at Fort o h in Tarrant County,Texas;and wh , after being duly swor ,did depose and say tF ALLP;OTHERERPOR ig of an advertisement w p l' ed in the above named p r o t e listed dates: TIONS OF THE ZONING ORDI- NANCE; THAT THE Signed PUBLIC INTEREST, SUBSCRIBED AN[ ER AL LS WELFARE ME,THIS Friday, September 07, 2001. I DEMAND THETS �j ZON- ING CHANGES AND /�AJ�/` 1/061-j° AMENDMENTS HEREIN MADE Notary Public PROVIDING THAT` - THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; - - - PROVIDING A SEV- "" •, vICKI L.WASON ERABILITY CLAUSE; % *� PROVIDING FOR A �1 PENALTY FOR VIO- I` , * MY COMMISSION EXPIRES LA TIONS HEREOF; r ' Thank You Fo IPROVIDING GS IDIN CLAAUSE-.t t ,,,..., AUGUST 28,2004 PROVIDING FOR — PUBLICATION IN THE OFFICIAL _w NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or Su corporation who vt , Customer ID: CIT57 Remit To: fates,disobeys,omits, neglects or refuses to P.( e sts ne nfo Customer Name: CITY OF SOUTHLAKE ment of any of the FC dinance nshall belfied, 76101-2051 Invoice Number: 204898521 not more than Two Thousand Dollars ($2,000.00) for each Invoice Amount: $89.10 offense.Each day that a violation is permitted to exist shall consti- tute a separate of- fense. »».».» » :»:».:,... I PASSED AND AP- PROVED BY THE Amount Enclosed: CITY COUNCIL OF -- THE CITY OF SOUTHLAKE TEX- AS, ON THIS THE 4TH DAY OF SEP TEMBER, 2001. XrAYOR RICK STACY TTEST: ' ANDRA L.LEGRANC [:ITV GF[.RFTARV