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480-072CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -72 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' APPROXIMATELY A 4.873 ACRE TRACT OF LAND OUT OF THE HALL MEDLIN SURVEY, ABSTRACT NO. 1083, AND MORE COMMONLY KNOWN AS BLOCK 1, LOT 1 WILKINSON ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "RE" RESIDENTIAL ESTATES TO "SF -20A" SINGLE FAMILY -20A, 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 "RE" Residential Estates 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 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 480.72 /ORD/kb Page 1 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 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 approximately a 4.873 acre tract of land out of the Hall Medlin Survey, Abstract No. 1083, and more commonly known as Block 1, Lot 1, Wilkinson Addition, and more fully and completely described in Exhibit "A," attached 480.72/ORD/kb Page 2 hereto and incorporated herein. From "RE" Residential Estates to "SF -20A" Single Family - 20A. 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 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 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 480.72 /ORD/kb Page 3 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 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 1992. r...nnm on the 1st reading the c� day of ` �� 4 .�``0� v :y PASSED AND APPROVED 1992. ATTEST: ITY SECRETARY on the 2nd reading the dam of ©• . i; 1N ;J t� APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ATTEST: CITY SECRETARY 480.72 /ORD/kb Page 4 DATE: ADOPTED: EFFECTIVE: 480.72 /ORD/kb Page 5 s ' so z 12 14 CC Y. Is I.w Y. -. •. C Bear Creek Communities - - -_r < � Q (Timarron) _r4 Ui >tsr�t CL "RPUD I I 71 . Monticello �•• t —.I + ... "RPUD" 00 .� v. + .1 \ . _J � fl to n / I , r � Q f �� •� _ ••rte ., i � •. ' l 1>' BlOt:l( G �\ a Y. j 11M OMA VA" MM 1 �� Bear Creek Communities wo t>Mx tWT. �-- (Timarron) ..n .j nPTUDII 1.0 A «M t O +w.r .11. � • 1..Y • a.« C h d CIO 'r ." a • � ON38 AVMx33d0 ' O r.r . r zaayttcs — j0'Ni r�tic�l� • __ \\ / � . r • f U y11 I ILO. - rF[ R /��• 1�•t' it 1 e 1 .'/ a L (:a 4_.� ! • 1 - z Bear Creek Communities City of Colleyville / /� (Timarron) _ I I RP UD" I , r rr+ LL\\�t lJ 1J >r r� J ¢ • At t � t .. � j t 0 TRiF :nom t sp. 04 t e 9. 49 AC '� �- % Q 14. 45 ADJACENT OWNERS & ZONING e r' PROPERTY DESCRIPTION BEING a tract of land situated in the H. Medlin Survey, Abstract No. 111.18, Cite of Southlake, Tarrant Qnunty, Texas and being the same land platted as the Wilkinson Addition as recorded in Cabinet 'A'. SIide No. 22.5 of the Plat Records of Tarrant Count•, Texas, said tract of land being described by metes and bounds as follows: BEGINNING at a 12 -inch iron pin in the Hest right -of -way line of White Chapel Boule% , ard, said iron pin also being the most easterly southeast corner of Monticello Addition, Phase I as recorded in Cabinet 'A', Slide No. 862 Plat Records of Tarrant County. Texas. THENCE S 11 W with the west right -of -way line of said White Chapel Boulevard a distance of 840.73 feet to a 12 -inch iron pin found for earner in the centerline of Big Bear Creek; THENCE with the centerline of Big Bear Creek and the south line of said Wilkinson Addition the following bearings and distances: N 86°26'35" W a distance of 79.00 feet; N 54 °34'35" W a distance of 58-10 feet; N 12 °10'25" E a distance e)f 47.20 feet; N 44 E a distance of 119.40 feet; ti 03°04'35" W a distance of 152.80 feet: N 32°49'35" W a distance of 163.90 feet; N 39°04'35" W a distance of 52.80 feet; N 50°04'35" NV a distance of 140.18 feet to an iron pin set for corner; THENCE N 23 °17'02" W leaving the centerline of said Big Bear Creek a distance of 55.69 feet to an iron pin set for corner; THENCE N 51'0­04" 4" %V a distance of 42.18 feet to an iron pin set for corner: THENCE N 7 5`03''8" W a distance ()f 53.04 feet to an iron pin set for corner; THENCE N 41 °31'31" E a distance: of 07.85 feet to an irur, pin set for corner; THENCE N 5955'29" E a distance of 44.45 feet to an iron pin set for corner; THENCE N 73`1S'47" E a distance of 1 -8.94 feet to an iron pin set for corner; THENCE N 09°01'A8" E a distance of 45.12 feet to an iron pin set for corner, I HENCE N I ';I'0?5' E a distance of 44.75 feet to an iron rod wt for corner, THENCE N 69°43'1X6' E a distance of 41.16 feet to an iron rod set for corner; THENCE N 50 *35'21' E a distance of 43.01 feet to an iron rod set for corner; THENCE S 7,S "36'35' E a distance of 342+.00 fcct to the P01NT OF BEGINNING and containing 4.8%3 acres or '_12 .2M square feet of land, more or less. 9 U-5 -5 Fort Worth Star-Telegram . . • 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 *_ INVOICE/AcFIDAVI INVOICE/AFFIDAVIT •E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared CAL RILEY 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 ` IN(i l LINE_ I RATE AMOUNT AUG 07 6917479 CL. 358 1X87 L 87 . 40 34 . 80 CITY OF SOUTHLAKE, Aug 7 ORDINANCEANO.480.74 P.O. # 480-72 AMENDINGIN ORDI- NANCE NO. 480 AS AMENDED THE C`OM- ppPREHENSIGE ZONING CITY SOUTHLAKE ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS �' BEING APPROXI- MATELY A 4.873 ACRE TRACT O LAND LI OUT OF THE HALL MMOR E �' NN O. l0E83Y, ABSTRACT COMMONLY KNOWN AS BLOCK I,LOT IWIL- SIGNER 1.e a KI O MORE ON PIU ONY AND SWORN TO BEfOR ME; Tti1S THE DAY- $F A ST 1992_..-._..---_ S COMPLETELY NOTARY PU SCRIBED IN EX- IT"A"FROM"R E" SIDENTIAL ES- SINGLE AMILY�20A, SUBJECT TO THE SPE- TARRANT COUNTY, TEXAS CIFIC REQUIRE- MENTSCONTAINEDIN 'vs.+roe l.k.~..tiw-x~,w ".,,, - w40 THIS ORDINANCE; aV v�Ml CORRECTING THE OF- _ FICIAL ZONING MAP; '9' °c14/ KATHRYN J. SPENCER 0 PRESERVING ALL ^. A OTHER PORTIONS OF rr '- 41'eq COM'^:`SSeJ EXN f:S__� THE ZONING ORDI- NANCE; , y ING THAT DETERMI C ,lO .E*r ,AI JAF l 28, 19J�INTERESTHE PUBL S ,, 6. , INTEREST MORALS � AND GENERAL WEL- 1b fie4� - FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDINGTHATTHISOR 04 - UATELLCUMLIV SHALL -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- DINANCES PRO- VIDING PROVID- E Legal Notices REMIT TO : 400 W . SEVENTH, FW, TX 76102 ING FOR A PENALTY FOR VIOLATIONS F A SAVINGS CLAUSE;HEREOF; PROVIDING '.�LN:ri J X.> . Xj WS,FtIXAXrXiXT XAM1-2051PROVIDING OF- FICIAL OR PUB- LICATION �h Star-Telegram OV I D APl ACCOUNT C I T 5 7 AMOUNT 34 . 80 EFFECTIVE DATE. Section 7.Any person firm NUMBER DUE or corporation who violates, r"---,eys,omits, neglects or 1 1 's to comply with or who theenforcernent of any )rovislons of this ordi- PAGE OF shall be fined not more than Two Thousand Dollars L$2,000.00) for each offense. Each day that a violation Is perms stteepd toexi st sha l l const l- PASSED AND APPROVED IN SECOND R EADINGTHIS THE 4thdayofAueust,1992. Gary Fickes, Ma or of Southlake AitEST: Sandra L.LeGrand, Aityoo veeasty Y OF SOUTHLAKE ORIGINAL Approved as o form: E.AAtorllen Attorney N CARROLL AVE 34 . 80 1 City Attorney SOUTHLAKE TX 76092-8898 PLEASE PAY THIS AMOUNT IP- A SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tort Worth atar=lelegram ***INvOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TIE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared SUE RUSSELL 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 TOTAL INCH/LINE RATE AMOUNT JUL 24 [ 6908304 CL . 358 1X96 L 96 . 40 38 . 40 ONOTIHEARING9BLICto July 24 inttero tedpersoonsthattheCl- P . O . # 4 8 0-7 2 he Council of the Cltyof South- lake Texas,will be holding a public hearing during the Regular City Council meeting to be held on August 4 1992,at 7:00p.m. SouthlakeCityHall, 667 North Carroll Avenue, Southlake,Texas. _..... .......... .......... Purpose of the hearing Is to consider the second readingof the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-72 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THE C`OM- PREHENSIVE ZONING )de_e_ (2Y16.c.17-4._e_L-L, ORDINANCE OF THE SIGNE ) CITY OF SOUTHLAKE, 24 — __ D IN CNHNGEORACT OR ND SWORN TO BEFORE ME , THIS THE D OF RACTS of LAND _. . ...... NOTARY PUBL` +� --- rITHINRACT THE CITY OF SOUTHLAKE TEXAS BEING APPROXI- i, i �, TRACT OF LAND ACREU TARRANT COUNTY , TEXAS OF THE HALL MEDLI N SURVEY, ABSTRACT NO. 1083 AND MORE •yam»11�a����� �`d COMMONLY KNOWN � AS BLOCK 1,LOT 1 WIL- y K,QTHRYN-J.-SPEPNCERKINSON ADDITIONbAND MORE FULLY 1:4X1' . � CUKIM SS ONE}(?I�tSDES COMPLETELYa '"DESCRIBED IN EX- �� '^ ^ 1995 HIBIT"A"FROM"RE" ��v rRESIDENTIAL ES- { 4 -_ —1AirLARY G�, { TATES TO "SF-20pA" 0 11iiC F t SINGLE FAMILY-20A, ,,v,.t, ;vo"o^- SUBJECT TO THE SPE- CIFIC REQUIRE- i I km MENTS CONTAINED IN11�/VVVV THIS ORDINANCE; CORRECTING THE OF- -TEAR AL ING THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT FICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- INGTHATDTHEPUBEC REMIT TO : 400 W . SEVENTH, FW, TX 76102 INTEREST, MORALS GNERL �� ZONENGE CHANGES AND AMENDMENTSStar-Telegram �i� ���', ��,� X' b}t1X• FxC1 11� 01-2051 VIDINGTHATTHISOR- DINANCE SHALL BE ACCOUNT C I T 5 7 AMOUNT DUE 3 8 . 4 0 CUMULATIVE OF ALL ORDINANCES PRO-VIDINGASEVERABIL- ITY CLAUSE-PROVID- ING FOR A PENALTY FOR VIOLATIONS 1 1 HEREOF; PROVIDING PAGE OF A SAVINGS CLAUSE; `ROVIDING FOR PUB- C�,AqITION IN THE OF- APOIG NEWSPAPER;,JD PROVIDING N .FFECTIVE DATE. Section 7.An person firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resists theenforcementof an -of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars OF SOUTHLAKE ORIGINAL ` (Each day for each offense.V CAR R 0 L L A V E EEpermlttttedtoexlstshallcconsti- 38. 40 tuteaseparateoffense. -{LAKE TX 76092-8898 PLEASE PAY , City of Southlake THIS AMOUNT City Se L.rotary and _ITN : SANDY City Secretary PLEASE WRITE IN AMOUNT ENCLOSED