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480-087 OrdinanceCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-87 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 3 8 . 514 ACRE TRACT OF LAND OUT OF THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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. 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 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 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 C:\CD\ORD\480.87\GJ Page 1 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 38.514 acre tract of land out of the O.W. Knight Survey, Abstract No. 899 , and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "SF -20A" Single -Family Residential District. C:\CD\ORD\480.87\GJ Page 2 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 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 C:\CD\ORD\480.87\GJ Page 3 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. ASS D AND APPROVED on the 1st reading the day of 1993. 0 L.4. yet'• '� - -- .02 YOR ATTEST: ITY SECRETARY PA SED AND APPROVED on the 2nd reading the b day of 1993. ,... 'terlgaq ``�.�`S(� b ► 6 L A �Fy4 • : Vis. , MAYOR Via: :yc� =moi �i'= ATTEST: d� �c" lots ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: lj�04,_ CITY ATTORNEY DATE: ADOPT EFFEC C:\CD\ORD\480.87\GJ Page 4 EXHIBIT "A" LEGAL DESCRIPTION Being a 38 514 aces, tract of land is the O W Knight Survey Abstract No. 899 situated in the City of Southlake. Tarrant County. Texas and being the Four tracts described to deed recorded is Vol. 10433. Pg_ 2111 of the Owed Records of Tarrant County. Texas and being .ore particularly described as follows: BEGINNING at a I/2- iron pin set in Continental Boulevard ICownty Road No. 3099) (R.0.W. Varies). so -d pin being by deed call 914.8 feet East of the Southwest corner of the said O.W. Knight Survey and being the Southwest corner of the herein described tract: THENCE N 00'30'27' E along the East line of Tis.orron Phase One. Section One. The Highlands. an addition to the City of Sovthlaksr. Tarrant County. Texas as recorded in Cabinet A. Slide 1014 of the Plot Records of Tarrant County. Texas. 1999.23 foot to a 5/8- iron pin found: THENCE N 87'24'59- W along the North line of said Ttaarron addition. 124.94 feet to a 1/2' iron pin found. said pinalso being the Southeast corner of a tract conveyed to B.L. Marriot by deed recorded in Vol. 9609. Pg. 906 of the Dowd Records of Tarroit County. Texas. THENCE N 00'08'34' E along the East line of said Marriot tract. 826.30 feet to a 1/2' iron pin found in Lilac Lane (R.O.W. Varies): THENCE S 89'05'19- E along Lilac Lane. 400.83 feet to a 1/2' iron pin found. THENCE 5 23'09'16- E along the West 6ne of o tract conveyed to Boor Cres,k Coeeenittes by deed recorded in Vol. 9916. Pg. 82 of the Deed Records of Tarrant County. Texas. 186.78 foot to a 5/8' iron pin found: I THENCE 5 32'39'09' E along the West line of said Bear Creek Conewnitiws tract. 183.86 feet to a 1/2' iron pin found: THENCE 5 01'20.33' E along the Wast line of said Bear Creek Communities tract. 504.29 feet to a 5/8' iron pin found: THENCE S 86'58'35- E along the South fine of said Bear Creek Coeeeeitios tract 28.67 feet to a 1/2' iron pin found. said pie oleo being the Northwest corner of Oakwood Country Estates. as addition to the City of Southlake. Tarrant Couety. Texas as recorded in Vol. 388-140. Pg. 98 of the Plot Records of Tarrant County. Texas: THENCE 5 06'32'40' E along the West line of said Oakwood Country Estates. 2015.21 feet to a I/2 - iron pin set in the aforesaid Continental Boulevard' THENCE N 89'15'27' W along Continental Boulevard. 738.56 feet to the POINT OF BEGINNING and containing 1.677.668 square feet or 38.514 acres of land of which 9260 square foot ore is the existing right-of-way of Continental Boulevard and 10.159 square feet ore within the existing right-of- eoy of Lilac Lon.. leaving o net area of 1.658.249 square foot or 38.068 acres of land_ flor-11 IM LIN Jil!\: ADJACENT OWNRS &ZONING 8C'- 3 • 4 Y ra zA T381A ��/7 coTR .�. f.z2Bw 39g� 202 ce, ` 20.09 AC 0 89Ta p�E �� 2e3c 1 p S 1 1 1 TR 201 f 1 1 4.0 AC SVV o2 A�1 .00MM1� (' TR 20 S.f AC TR 203A 2.33 AL i _ v 1 2 I 3 'L!j1 r1Li cc ti !TlvMNs MCCOUSS 1 IM• •N �g99 A F F m 00. 1 LILAC LILAC LN 1 � •• rte'\ AC 1 I P�pO •AO' pPE� I AS 2 I TO 2C 4,0 AC I ! �, 2C3 1 3.54 AC 1 TR2C2A 7.0 AC 1 ! 2C2 10. I Ta 2CIA 8.15 AC n.13 ACI (1.0 ACI /"- MARRIOTT ' MRD ow. CORP. _ 1 19 !BI 171 10 TR DQ7 23. L2.1 L220- AL A MOS LAND CON: 81"am D CIR 13 �� V V ✓ 13^! u Z, . . ff _ T AC31 34 _ 1 5 25 gB 17 3 .79 . y 1 35 ,� 3 $ 12 30 27 SXL _ -•""� CIq if TR 36 �• t TR 5C1 el 29 1 2.03 AC • 29 30 31 MOBIL LAND CON. 29 I 2 37 O 1- MOB0. LAND CON• _ lUJ TR BEI 111JJJ 3.57 ! �JvV p ES 710 ` L r f,N1 I r ACT p E o , sae P.UD: 0•� I TR BE7 25 L•Iq 0 5.91. Mp ••2, , ,0 1 37 23 0 �OgA1 12 2� _ TRACT 1R 1s ,• f9 22 7 MOlLL LAND CON. �^ K / TRACT 3 ; 13 _'P.U.D.' �. B TR MOBIL LAND CON. 1 2R .+ 1 20 21 1 +_ 22. AC 1j I 1, 6LENROSE LT 5 l , ♦f2u SM 2 .. 43 13 fo • 9 rW>i TRACT i L.✓ I . . . , OAK ST CT M- 2 19 , 5 I B 3 t ♦ 45 a �' `_ \ _ 2 m ,7 1 I NI61iA1D OAKfi CIR• \ ,6 YYY J/•' COMMON GREEN f S 1 L7 TR 3L3A. 4 \ TR 3Cf 1'03 1' 2.46 ! 1.58 ! \X MOIB. LAND CORP. 46 41 1. � •PAA.' __— --_ ADJACENT OWNRS &ZONING 8C'- 3 rort wortn atar4elegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • STATE OF TEXAS 1tY of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared JANET SALTSGIVER 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 RAIL AMOUNT JUL 09 2500395 CL . 358 1X168L 168 • 43 72 . 24 july 9 1358 Legal Notices TRACT OR TRACTS pF LANSDpWITHIN �THEECIITgYS BEING�ATORA8XIJy�TTELY A 2.Syp4S5p ACRE 1TI�{{R��A�CT OF PRICEUSURVE TREIA�STTD_ 3BIRA3gBINO. OAA120, D,BICAq NO MOLE Fli LY ND COM- PLETELY DE R BED IN EXHISSBII "LA" gNoM"SF- I IA'ESIDENTIAL T01LA IA AGRI ULTURA SIGNED ,) �� '`� BSCRIBED JECT p THE S Eit C REQU6 V1I- T : DAY OF 0 TAIN DIN THI - BEFORE ME , THIS THE 28th JULY, 1993 NAN EJ CORR 44 ING THEEpp OAFICIALONING NOTARY PUBLIC OTHERPORSSTIONSQGGGGGFT ,C d ( t. -� ZONING ORTNANCE D - , �'� TEgRMININNG ETHALT �r TARRANT COLNTY, TEXAS ALSAND1 GEENDRSALI L-I ,`,.. ` . R PY PNt FA E DEMAN TH N SP". y MG CHANGES REIN I 2 ( k SUE A. RUSSELL AMENDM NTISS H �'�� MASE•PRI VID NDTHAT I „f.Nai " il.CO SSION WIRES THI 6RDI AN SHALL ti BE CUM TI F A L \ it OCTOBER 27, 1993 p �E 5 '� IONG u1l S RRVEftpp ,GLI - ti�kW, A PENA IT�FIORNVIO?.- INGNA SAVINOGF•PRRgoOVS(R: PROVppIDINNNG Hr�FRppF�PU LI- NEWSPAPEI• AND 1 Rl DAT1E G AN tFFECTIV 3FORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT Sectlon7.Any rson.flrmor �viatomit vvlacts or rde- fusts to rnmp1Y with or who resststheenforoe<nentofanyy REMIT TO : 400 W • SEVENTH, FW, TX 76102 of the orovlslons of this ordl- t�(h�aence shaall he fined n�tmore Wort ! Ead�daelthe�a�IDo k Q' px�p FQ� y�p���l' �q \ FortTO:l�gram ACCOUNT AMOUNT 2500395 ty Secretary I NUMBER C I T 5 7 DUE 72 . 24 CITY OFTOAUS HLAKE, 4:Iv.__ AN •RDI•NINA C +•. bF 1 I�G •�'DINAN •''t AGE I 1358 Legal NoticesA�ter�'''''```` .t NNNDE }}pp •-- � q jIUANIESbFAE �T ug►1IS HEROBY �U NTIN A, Ttll � d I rin dining�0,1r9 I9_ p�pp��I A 3U.5 4 AT RH — • City held a17AoYp.r• he tlnn K$iNNgCHT Y DEI tiQE o,M6 {pbeheldlnfhe CI Council m E, IBED NI Northers of City rXlall, �7 I M BE ORIGINAL �o thCarrollAvenue,5outh- EXHI SSF OM ,1 lake,Texas.The rpo�of AGRI ULTURAL TO it theoubllchearl"°sto°°tt'esld IN LE FA C PLEASE PAY 72• 24 ertthheeioll�wl or HLAKE, RESIpD NTIp� I�p I T1 CITY OFTli SUBJE T�T ''SECIN TX 76092-9595 THIS AMOUNT ()ROMAN N0q.��N EE NG AN ORDINA C O , TAAINC . N �qqLLI �N11IG>Y A55 AME NINAN HE \ HE E L 1 I PREHENSSV t N1NTN il iNF 141- POORpAvNNSN _1^ AliVii-iCTITAKEAN GE OOR &'RTASN I ERMI�N NGI THA N ' PLEASE WRITE IN AMOUNT ENCLOSED 1 PUBLIC IN cucPAL WR' MADE.;PROVIDING I1 F A I THIS UDITEfLLgMuVIVA A BNpTAN oIIIGASEE RIL CLAUSE; R APPEATY INGN SIN � RfAVI $CLAUS PROVIDING FOR PU LI CATION IN TH EEEEEEgqONNFppF II.,q� tialwctl, VDDI II,�1G ANREFFEC lyESection7.AnY rson,fIrmorr corporation who violates,dl- sobeys,omits,neglects or re- fuses to comply with 9r who reQslststheenforcementofany I of provisions hh4a shall be fined nit�more nano U 00)Thousand eacch�offenase. Each day that a violation is per miffed toexist shall consti- tute a separate offense. gPASSEDAND APPROV THEHC CcITYYOFppUSOUTIQ LAKE THIS THE 6 hi DAY OF JULY,1993 Gary Flckes, Mayor of Southlake Attest: Sandretaryy rand, roved 1IS to form: ayne K.Olson, City Attorney • 1111 Fort Worth Star-Telegram . . 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS runty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared SUE RUSSELL Billing Specialist for the Fort Worth Star—Telegram, published by the Star—Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE JUN 23 2488059 CL . 358 1X71 L 71 . 43 30 . 53 june 23 P �°I'I A ES P . O . # ORDINANCE480-87 NOTI IS N R 61y N Tp,Lt1h�IyNT at the tEv Coon- STEeD Y.1)a s.Wi Cbe ho del a iic fy Council Qetinfl to be held 47rLo pJpul hie99m3,,be9InvNcyll?b herdl"of C ty nail,""66, Nh°rriib rsroii Avenue, Southlake, exas.Thepurposeofthepub IIc hearing Is to consider the following InanPe:LAKE CITYOorT �UgSH ORDINANCE No.480-87Or E/y� Anordinance/mending Ordi- !� annce No. ,IIas ame�n�de�dr, SIGNED the anmnssee of tg"hesMzoo"f South- , ,nf s;grantllnara o°!n D SWORN TO BEFORE ME , THIS THE 29TH DAY OF JU Er 1993 ripe Chia Ianprwlthenbei n aD- NOTARY P U B L I C fhlake exa6$�being ap ximately a 38.514 pp re ��-_ tract of land out of the O. p �` Knight Survey Abstract o. `A'�� f199 and more fullyandppoomm TARRANT COUNTY, 'lately descr b9d In exhibit A"from"Aft' Agrlcylatur- �����nti aaI to"SF•20A"Sing9le Fppmllly ResidentialDlstrldsublectto �f""� �'! �' the specific requir ments. 9 ° •n, l� contained in this ord�nanoe; ,n; KATHRYN f SPENCER correcting the official zoning ��'• •%COMM/ p Cr` map;presery ngallotherpor- r''. AV OSIO tions of the zoning ordinanncpee; EXPIRES determiningthatlhepublicln- .4h ;r IANUARy J terest, morals and general r 195rJ welfare demand"ammendzmentgs herein made;providing that 0 this ordinance shall be cumu- lative of all ordinances (•a pr o-• viding a severabiiicc(nu�e oviislnlfo ovldfla -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--,. savings clause;providing for publication In the official newspaper;and providing an efiectl ion? REMIT TO : 400 W . SEVENTH , FW, TX 76102 Any person firm or corpora- tion who violates, disobeys, omlis neglects or refeses to \ comnsnd Dollarsill uulmai ($ w. fora each offenseppee Each dar ACCOUNT AMOUNT exist shalatconst tl ute a wage NUMBER C I T 5 7 DUE 30. 53 rate ity i C e�thiake,Texas ity andc_a L„Lee9.1m1 ]�F 1 PAGE CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL AVE IPLEASEPAY 30. 53 SOUTHLAKE TX 76092-9595 THIS AMOUNT PP- ATTN : FAX PLEASE WRITE IN AMOUNT ENCLOSED