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480-059CITY OF SOUTHLAKE, TEX~S ORDIN~NCE NO. 480-59 AN ORDINANCE iMPENDING ORDINANCE NO. 480, AS i~tENDED, THE COMPI~EHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHL~KEv TEX~S; GR~tNTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX~S BEING APPROXIMATELY A 126.94 ACRE TRACT OF L~ND OUT OF THE W.E. CROOKS SURVEYt ABSTRACT NO. 295t TRACT 2 AND HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TRACTS 2, 2A, ~ 2B. , (EXCLUDING THE "C-1" TRACT) , AND MORE FULLY ~ COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "PUD" PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT IN ACCORDANCE WITH EXHIBIT "B" ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING HAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINi~NCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS ~ GENERAL WELF/~RE 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 acting under its charter adopted by the electorate Article XI, Section 5 of the Texas Constitution and the Local Government Code; and is a home rule city pursuant to Chapter 9 of 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 SF-20A Residential under the City's Comprehensive Zoning Ordinance; and slake\medl J n.rez -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 and the general welfare; effect on light and air; effect on the over- crowding of the land; effect on the concentration of population; schools, parks and and effect on transportation, water, sewage, 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 s Lake\med[ in. rez the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and W~EREAS, 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 W~ER~AS, 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, promotes the health and the general welfare, light and air, prevents the over-crowding of concentration of population, and facilitates the adequate provision of transportation, water, sewage, requirements; and W~EREAS, the city Council and other dangers, provides adequate land, avoids undue schools, parks and other public proximity since the therefore classification for called for, and are of the City of Southlake, 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 to the tract to tracts of land requested for a change tract or tracts of land were originally classified and feels that the respective changes in zoning the tract or tracts of land are needed, 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. s l ake\med [ ~ n. rez -3- NOWv THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION i 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 approximateiy a 126.94 acre tract of land out of the W.E. Crooks Survey, Abstract No. 295, Tract 2 and Hall Medlin Survey, Abstract No. 1038, Tracts 2, 2A, and 2B (excluding the "C-i" tract), and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "SF-20A" Single Family Residential to "PUD" Planned Unit Development Residential District. The types, intensity, and density of land uses on the above tracts shall be in accordance with the Exhibit "B" attached hereto and incorporated herein for all purposes of this Ordinance. No building permits shall be issued and no actual construction shall commence on any portion of the PUD project until a Development Site Plan is approved in accordance with the provisions of the Comprehensive Zoning Ordinance and the property is platted in accordance with City regulations. A City/ Developer Agreement must be executed prior to or contemporaneous with final plat approval. 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 hereinabove 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, amended hereby, and affirmed. phrases and definitions of said Zoning Ordinance are not but remain intact and are hereby ratified, verified 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, sewage, drainage and surface water, parks and other commercial needs and development of the community. The 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. s [ ake\med [ i n. rez - 5- 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 ? 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 Ail 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 st ake\med[ ~ n. rez -6- 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 FIRST READING ON THIS 1ST DAY OF ~.. .... .~ AT~EST: ~ ~';",t * * ~o°~' ,C~TY SECRETARY s [ ake\medL J n. fez -7- PASSED AND OCTOBER, 1991. APPROVED ON SECOND READING ON THIS 15TH DAY OF CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Date: ADOPTED: /C '-/-~ ~/' EFFECTIVE: /~, - /~- ~ / s[ake\medt ~n. fez Fort Worth Star-Telegram ***IOICE/AFFIDAVIT***INVOIC ' jI 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ' d� 0CT211991 THE STATE OF TEXAS OFFICE OF anty of Tarrant CITY SECRET ' 'I' A, Before me, a Notary Public in and for said County and State , this day P personally appeared KELLEY ALLARD 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 DESCRIPTION AD SIZE I TOTAL INCHlLINE RATE AMOUNT OCT 1__8 6772730 CL . 358 1X92 L 92 . 38 34 . 96 1358 Legal Notices Oct 18 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480.59 AN ORDINANCE AMEND- ING ORDINANCE NO.400, AS AMENDED THE COM- PREHENSIV� ZONING ORDINANCE OF THE CITY """"'"' F SOUTHLAKE, TEXAS- RANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEINGAPPROXIMATELY A 126.94 ACRE TRACT OF ll LAND OUT OF THE W.E. CROOKS SURVEY AB- STRACT NO. 295_ TRACT 2 AND HALL MEDLIN SUR- S I G N E VEYI_A Y 2A AND 1038, tTS (NG THE 2B.I ID SWORN TO BEFORE ME, THIS" THE --" 18Th DAY OF OCTOBER, 1991 CT AND MORE FUL- L I 4s,N.s. .,..:!:,, Ni. CRIBED IN EXHIBIT NOTARY PUB. FROM "MPLE" SIN- GLE .-__..._ ... ..-.._.."_--._»_.".. L DI�RICTTO"PUD' PLANNED UNIT DEVEL- TARRANT COUNTY, TEXAS OPMENT RESIDENTIAL ....--......_._ „_ DISTRICT IN ACCOR- 146.w‘w46.ro.v. DANCE WITH EXHIBIT �•�� �h �� "B"ATTACHED HERETO ---fA . !p11 AND SUBJECT TO THE '�. . 4; KATHRYN J. SPENCER SPECIFICREQUIRE- ,____"......_.....____"-__-'___....,._."._.M"_"-__....--...-_-__ w y._ �1I�c�11�1�1 iRtz _....._.."."............. ,._.._._..-.._............. ....._..........�_...r....."..-.._..... MENTS CONTAINED IN \r�".L IYlIJJIUIY _XR1RE --- RNHEFC it \ 'P%ECTIG T OIIIIAL 9r ..•¢+-• ...".JA...NUARY 281 1995ZONING MAP PRESERV- ING ALL OTHER POR- . _ . . _ _ "1y .o.s, „.., TIONS OF THE ZONING - 1�o,%,- b 1. ORDINANCE_; DETER- MINING THA THE PUB- I,LIC INTEREST, MORALS AND GENERAL WEL- INGEDCHANGES SAND TEAR ' illur NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -� AMENDMENTS HEREIN r MADE.PROVIDING THAT THIS MADE,. SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVING REMIT TO: 400 W . SEVENTH , FW , TX 76102 A SEVERABILITY CLAUSE-PROVIDING FOR A PENALTY FOR VIOLA- CTIONS HEREOF; PRO- y yy y yy y VIDNG A SAVINGS Star-Telegram 8�x`gy4`Xs 76197 CLAUSE•PROVIDINGFOR PUBLICATION IN THE OF- FICIAL NEWSPAPER; — - AND PROVIDING. AN EF- FECTIVE f ACCOUNT (ITS? AMOUNT 34 . 96 NUMBER SECTION7 DUE Any person,firm or corpo- ' t•' „- rationwhovlolates,dlsobevs, I .f PAGE 10F 1 or-"-.nnec�91ects or refuses to 'with or who reslststhe ment of any of the pro- of this ordinance shall d not more than Two Thousand Dollars($2,000.00) for each offense. Each day that a violation ispermltted to exist shall constitute a sepa- rate offense. PASSED AND APPROVED IN SECOND READINGTHIS THE 15th DAY OF OCTO- Gaoro91.Fickes, Gary )F SOUTHLAKE ORIGINAL Ma or of Southlake ATTEST: _Sandra L.LeGrand, C A R R O L L PLEASE PAY 34 . 96 City A .AKE TX 76092 0 THIS AMOUNT Approvedoved asso form: C.Allen yAftorney Taylor Jr., :N • SANDY LEGRANDE City Attorney PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT OCT 04 2130917 CL . 358 1X81 L 81 . 38 30 . 78 NOTICE OF o c t 4 PUBLIC HEARING NOTICE is hereby given to all interested persons thtat the City Council of the City of South l ake,Texa s,w i l l be hold- ingapublichearingduringthe Regular City Council meeting to be held on October 15,1991, at 7:00 .m.,416outhlake City Hall,667 North Carroll Ave- nue,Southlake,Texas. Purpose of the hearing is to consider the second readingof ,.„....-... ,..... the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-59 ...._...�./ _ ____.__-..._.____._.._-..._..... AN ORDINANCE AMEND- ING ORDINANCE NO. 480, SIGNED ENDED THE COM- =NSIVEZONINGOR- AND SWORN TO BEFORE --NE .__.THIS THE ��,7y�.A.1� - F-- �-�--- CE OF THE CITY OF gill OCTOBER, 1991 iLAKE TEXAS TING A ZONING` NOTARY PUBLIC urANt,E ON A CERTAIN nn. — __ TRACT OR TRACTS OF - OF SOUTHLAKHIN EHTEXAS TARRANT COUNTY, EXAS BEING APPROXIMATELY A 126.94 ACRE TRACT OF.__ _ r_..__.-._____-___._w---._____. LAND OUT OF THE W.E. CROOKS SURVEY, AB- STRACT NO. 295 TRACT 2 �4w 01 AFFIDAVITS AND HALL MERLIN SUR- gy}>>> r+v-ay.V VEY ABSTRACT NO. 1038, �y --e .__.____._..___._____. (T(RACTS 2 2A AND 2B _ (/, SPENCER 0 TRACT)AND MORE FUL- ��. •n4 KATHRYN 1. f' LY CANDRIB COMPLETELY -ivw COMMISS�QN�XPIRES- DESCRIBED .. j •,ty..._..�I_.__.._A.❑ 1 ,....__._,......-.... .___..................._..........._._.___.____. "A" FROM "SF-20A" SIN- i�rF ` + 1ANUARY Z$, jgg5 f SIN- GLE FAMILY - 20A TO ��`aQ�:�'� PUD" PLANNED UNIT /� ,� DEVELOPMENTSUBJECT 1 i 1 , b„;„ y,���� TO THE SPECIFIC RE- 111J�"l� CON- TAINED INNTHIS OR DI TEAR AL N THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT • .A NANCE• CORRECTING THE OFFICIAL ZONING OTHEPRESERVING PORTION O THE ZONING ORDINANCE;DE- REMIT TO : 400 W • SEVENTH , FW, TX 76102 TERMINING THAT THE PUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEAAAND THE ZON-1 tar-Telegram r XXXXXXXXXXXXXX ING CHANGES AND AMENDMENTS HEREINREMIT TO: P.O. BOX.970734 • FORT WORTH, TEXAS 76197 MADE.PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVID- ACCOUNT AMOUNT ING A SEVEI2ABILITY NUMBER DUE CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA- ,, 1 1 TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE' PAGE OF PROVIDING FOR PUBLI- - CATION IN THE OFFICIAL NEWSPAPER- AND PRO- VIDING AN EFFECTIVE DATE. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N C A R R O L L PLEASE PAY 30 . 78 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDY- FAXED PLEASE WRITE IN AMOUNT ENCLOSED