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480-391Fr. fli - CITY OF SOUTHLAKE TEXAS ot ORDINANCE NO. 480-391 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 TRACT 32, SITUATED IN THE I.G. BELCHER SURVEY, ABSTRACT NO. 30 -D, AND BEING APPROXIMATELY 4.265 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 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 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 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 Tract 32, situated in the I.G. Belcher Survey, Abstract No. 30 -D, and being approximately 4.265 acres, more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential District. SECTION 2. 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 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 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. 77J P PASSED AND APPROVED on the 1st reading the ! day of , 2002. % ,, ,��, +IIIIIII/,, °, , ZQ?-� 50 ' )TH . r F ,, ���, MAYOR O� •: v 0 2 3 2 - - ATTEST: �nulun + +` AC ING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the /'d-� day of 2002. , , I IIIIIIIII,,,, I Off. ••. .••: � F I V-2 0 I � W - A w rgz; ATTEST: AC NG CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: aw,-,Jv, CITY ATTORNEY DATE: / / 17- ADOPTED: V- ``, loo p EFFECTIVE: Page 7 EXHIBIT "A" Being Tract 32, situated in the I.G. Belcher Survey, Abstract No. 30-D, and being approximately 4.265 acres. FIE)",T) NOTES Al -I. that cell.aji) ]Lot, Ls.act or parcel of land located in the I. G. 317-28/100 feet to a Abs i-riact 30 and A.. ROBINSON, Abstract 1131, SURVEYS, both in Oeoi�() County, Texas. being all of that certain tract of land conveyed to Phillip F. Elkins, et ux, by deed recorded in Volume, 1908, Paqn 207, Deed Records, Denton County, Texas (D.R., D.Co., U.), anti loning more patticularl.y described by metes and bounds as folloyan P,EG,(NNYT\( - ; at Corps of Engineers concrete monument with brass cap Qam[)Eyj 0 24, located at a fence corner for the called Southwest ()I' aknresaid Elkins, et ux, 4.423 acre tract and in the appaywok Fninxi cxmnon :`)out.t.). Tine of said Belcher Survey and North ()f -ili(l Survey; 1- (EMJi: zsaid. a'ppa:r.ent. common survey line and fence, North M fri7l(lteS !- ,Seconds East 317-28/100 feet to a point of coivav, I wbich a fence post bears North 05 degrees 4 !1`! ;'MOA00 West: 4-96/100 feet, and aL the Sout'hwe-st, o Co.q.).'.! U-336 (77.3 acres), recorded Volu I )c TOMMIE w0b. a Jin(,-� common to said Corps of Engineers Tract 0-336 (77 , 0 acres) a): l t=his tract, North 81 degrees 48 minutes 13 �;econd.s E 33nng/100 feet to Corps of Engineers concrete monument with brass ny, D-2.3 jor cortter; (!owi inu%q with another line common to Corps of Engineers propeyty ond Lhis Lract, North 76 degrees 53 minutes 21 seconds Ea t QT-50/100 Keet to a 3/8 inch iron pin found for cornpr; said CofWs n Engineers property and with a line re of that certain 12.443 acre tract conveyed , -',)rjth hy dead recorded in Volimae 67'7, Page 97, D.R., 14. aml this tract, South 13 degrees 18 niinute s 44 seconds jqast o") /2/100 Fuet to a 5/8 inch iron pin found in said common line and So"th 00 degrees 17 minutes 10 seconds West 155-32/100 tpej, it , *;/U jryj iron, pin found for an ell corner of this tract: afic! :j()I.A*h `4 (- r i ke c o aforesaid Smith remainder tract and. alynxissUniAily 2U-5/10 feet North Q aforement-ioned common survey ljrl() f1 old Page 8 THENCE with a line approximately 30 feet North of and parallel to said fence and apparent survey line and with a line common to two 30 foot wide ingress and egress easements, crossing the line common to said surveys, and continuing in all North 88 degrees 24 minutes 06 seconds East 968- 36/100 feet to a 5/8 inch iron pin found for corner in the called West line of White Chapel Road, said point bears South 07 degrees 57 minutes 24 seconds East 30- 38/100 feet from a 3/8 inch iron pin found for the called Northeast corner of a 30 foot wide ingress and egress easement recorded in Volume 7075, Page 986, D.R., D.Co., Tx.; THENCE departing said common line and with said common West line of White Chapel Road and East line of this tract, South 07 degrees 57 minutes 24 seconds East 30- 19/100 feet to a 5/8 inch iron pin found at a fence corner for the common occupied Southeast corner of this tract and occupied Northeast corner (as fenced) of that certain John C. Thompson, et ux tract described in Instrument No. 9328549, D.R., D.Co., Tx.; THENCE along or near the occupied fenced South line of this tract and North line of said Thompson, et ux tract, South 88 degrees 29 minutes 40 seconds West passing the apparent Southeast corner of said Belcher Survey and ell corner of said Robinson Survey and continuing along or near said fence and apparent common survey line, passing 0 -3/10 feet North of a concrete monument found near the fenced Northwest corner of said Thompson, et ux, 3 acre tract at 751 -4/10 feet, and continuing in all 846- 77/100 feet to a 5/8 inch iron pin found for an angle point, and South 88 degrees 54 minutes 46 seconds West 624- 94/100 feet to the place of beginning and containing some 4.422 acres of land or 192,601 square feet. Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 212723831 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 4/4/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21272383 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/4/02 lI _.. , „ 1 ` ,r,: iIII CITY OF SOUTHLAKE,TEXAS ORDIN I3580 1 107 107 LINE $6.08 $650.56 CITY OF Sales Discount s ORDINANCE NOS ($563.89) 480-391 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'rHE COMPREHENSIVE ZOONCEOFTHERDTY Net Amount: $86.67 NAOF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 32 SITUAT- ED IN THE L.G. BELCHER SURVEY, ABSTRACT NO. 30- D, AND BEING AP- PROXIMATELY 4.265 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" THE STATE OF SINGLE FAMILY DIS County of Tarrant THE TS`PECIFICTRE-- QUIREMENTS CON- TAINED IN THIS Before me,a Not; ORDINANCE; COR-1 County and State,this da a onall appeared Christy Holland, Bid and Legal Coordinator RECTING THE OF- for the Star-Telegi FICIAL ZONING ar-Telegram, Inc.at Fort ort in rrant County,Texas;and who,after being duly sworn,did depos and say that the attached I ALL PRESERVING lent was published In th abov na d paper on the listed da es: BIDS 8i LE AL DEPT. STAR TLEG M (817) 390-757; ZONING OF ORDIE- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- Signed i ERAL WELFARE DEMAND THE ZON- SUBSCRIBED AN in E N D MEE N TS:ME, THIS Friday,April 12,22 22I HEREIN MADE ` V 1 C/ / PROVIDING THAT ^ THIS ORDINANCE LATIVE BE L Notary Public ORDINANCES,' PROVIDING A SEV- "Y!�e'•.. VICKI L.WASON ERABILITY CLAUSE; ?� �� PROVIDING FOR A '* ',_ PENALTY FOR VIO- ,`I, \ 4; MY COMMISSION EXPIRES CATIONS HEREOF; . Thank You F PROVIDING A SAV-!nt 1 ' 1 I "` AUGUST 28,2004 INGS CLAUSE PROVIDING FOR - PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AND EFFECTIVE DATE. SECTION 7. Any person, firm or S corporation who „io- Customer ID: CIT57 Remit To: fates,disobeys,omits, neglects or refuses to p, comply with or who Customer Name: CITY OF SOUTHLAKE resists the enforce- ment of anyof the F provisions,a b'f� 76101-2051 Invoice Number: 212723831 not more than Two j Thousand Dollars ($2,000.00) for each Invoice Amount: $86.67 offense.Each day that a violation is permitted to exist shall consti- PO Number: tute a separate of- fense. r _ . PASSED AND AP- Amount Enclosed: PROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEX- AS ON THIS THE 1st DAY OF APRIL 2002. MAYOR:RICK STACY ATTEST: KIM BUSH, ACTING CITY SEC- RETARY APPROVED AS '1 FORM: E��y 5•-•�' TAYLOR '- INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 212275601 FORT WORTH,TX 76102 (817)39o-776t Invoice Date: 3/22/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21227560 STE 440 Sales Rep: 073 SOUTHLAKE, TX 760,92-7604 Description: NOTICE OF PUBLI Publication Date: 3/22/02 I I I i Its °�§� ttt�ttlt NOTICE OF PUBLIC HEARING Notic I3580 1 114 114 LINE $6.08 $693.12 NOTICE OF PUBLIC HEARING Sales Discount Notice is hereby given ($600.78) by the CIty Council of the City of Southlake, Texas, that a public hearing will be held on April 1, 2002, at — 7:00 P.m. during the Regular City Council Meeting to be held In Net Amount: $92.34 the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-391 AN ORDINANCE ., AMENDING ORDI-- , AMNNE NO480 AS , E p E AMENDED,D, 'fHE u} COMPREHENSIVE' J ZONING ORDI- NANCE ` D OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE APR I 2 2()n7 ON A CERTAIN 1WL • TRACT OR TRACTS THE STATE 0 TSHE LA CITY vIT OF County of Tarr ASS BEINGKLEGALLY DESCRIBED AS OFFICE OF CITY SECRETARY TRACT 32 SITUAT- Before me,a N ED IN THE LG BELCHER SURVEY,. y and State, this day p rsonally appeared Christy Holland, Bid and L • for the Star-Tel ABSTRACT NO. 30- 'gram, Inc.at Fort r , in Tarrant County,Texas;and who,after being my sworn, did depose and say D AP- that the attache PP'R O XX I M A T E L Y 1s published in the o n ed paper on the listed dates: BIDS 81 LEG S DEPT. STAR TELEGRA (817) 390-71 i MORE AFULLSY ANDD • COMPLETELY DE- SCRIBED IN EXHIBIT - "A" FROM "AG" AG- RICULTURAL DIS- Signed TRICT TO "SF-1A" SINGLE FAMILY SUBSCRIBED A TRICDD SUBJECT S- THIS Monday,April 01, 20 2. • THE SPECIFIC RE- QUIREMENTS CON- TAINED IN' THIS Notary Public ORDINANCE; COR- RECTING THE OF- '• anrr. FICIAL ZONING VICKI L.WASON MAP; PRESERVING ALL OTHER POR- TIONS OF THE CON MISSION EXPIRES ZONING ORDI- ' + Thank You l NANCE; DETER- AUGUST 28,2004 MINING THAT THE �.-.�. - PUBLIC INTEREST, —--— MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- -I ING CHANGES AND •l AMENDMENTS ,l HEREIN MADE_; dt PROVIDING THA i Remit To: ` THIS ORDINANCE Customer ID: CIT57 LATIVE OF ALL ORDINANCES, Customer Name: CITY OF SOUTHLAKE ERABILITY CLAUSE; PROVIDING FOR i101-2051NNLY IO-- Invoice Number: 212275601 LATIONS HEREOF; PROVIDING A SAV- PROVIDING LA FOR SE Invoice Amount: $92.34 PUBLICATION IN THE OFFICIAL PO Number: NEWPROVIDING AN RAND EF- FECTIVE DATE SECTION 7.. Amount Enclosed: ,$ � 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 h aof esi nerd- ,7t more than Two oeusand Dollars �n AlVleJ eS " n9uiiw)4 U F3!, a,l'e141nos;asual _p eleJ�das a alnl lsuet u0.11 op IleUs l