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480-126CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-126 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 160 ACRES OF LAND LEGALLY DESCRIBED AS TRACTS 5, 6A, 6Al, 6B, 6B1, 6B2, & 6B3 SITUATED IN THE J.A. FREEMAN SURVEY, ABSTRACT NO. 529 AND TRACTS, 1, 2, 2A, 2B, 2C, & 2C1 SITUATED IN THE J.W. HALE SURVEY, ABSTRACT NO. 803, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-i" BUSINESS SERVICE PARK DISTRICT AND "I-1" LIGHT INDUSTRIAL DISTRICT 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 "B-l" Business Service Park District and "I-1" Light Industrial District 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 WttEREAS, 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 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 tire, 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 a~nended as shown and described below: Being 160 acres of land legally described as Tracts 5, 6A, 6Al, 6B, 6B1, 6B2, & 6B3 situated in the J.A. Freeman Survey, Abstract No. 529 and Tracts, 1, 2, 2A, 2B, 2C, & 2C1 situated in the J.W. Hale Survey, Abstract No. 803, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "B-l" Business Service Park District and "I-1" Light Industrial District to "SF-20A" Single-Family Residential District. 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 al'firmed. 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 conununity. 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 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. and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the ~ day of 0~ This ordinance shall be in full force and effect from and after its passage ATTEST: , 1994. PASSED AND APPROVED on the 2nd reading the ~ay ' AYO o~, 1994. ATTEST: C~TY SECRETARY AF'PROVF. D AS TO FORM AND LEGALITY: CITY ATTORNE ADOPTE0: EFFECTIVE: EXHIBIT "A" BEGINNING at an [8" tree located in thc north fence line of a tract of lane bTdced to Souflflake Joint Venture as recorded in Vol. 9232, Pg. 708 DRTCT, said point being the NE corner of said Hale Survey; THENCE S 89°57'00" tE along a £cncc 1534.04 ft. to an "X" tie post for corner; THENCE S 00° 15'00" W along a fence 1400.2 ft. to a steel rod, the SE comer of said Southlake Joknt Venture tract, said point also, b6i~ng the northeast corner of a tract of land by deed to Nolan Lemons as recorded in Vol. 4348, Pg. 47, DRTCT: THENCE southerly along an east boundary of said Lemons Tract to a point for a comer; THENCE westerly along the south line of said Lemons Tract to a point for a comer; THENCE southerly along an east line of said Lemons Tract to a point in the north right- of-way line of ILast Continental Boulevard; THENCE westerly aloug said north right~of-way of East Continental Blvd. passing the southwest comers of the following tracts: (t) A tract of land by deed to Billie Farrar, trustee as recorded in Vol. 5370, P. 284, DRTCT. (2) A tract of land by deed to Charles F. Nelson and wife, Laura A. Nelson as recorded in Vol. 7747, P. 442 DRTCT. (3) A tract of laud by deed to Robert H. Rockenbaugh, as recorded in Vet. 8935. Pg 1514, DRTCT. (4) A tract of land by deed to lee L. Wright as recorded in Vol. 7982, Pg. [825 DRTCT, and continuing to the southwest comer cfa tract of land by deed to Nora, an J Brown and wife, Norton J. Brown, as recorded in Vol. 6444, Pg. 569 DRTCT, said point being in the intersection of the north line of said Continental Blvd. and the east line of Carlisle Lane; THENCE N 00008'25" E along the east line of said Carlisle Lane, a distance of [648.47 ft. to an old iron rod and being in a gravel road, said point being in the south line of a tract of land by deed to Theron A R~gan and wife, Dorothy E. Ragan, as recorded in Vol 6377, Pg. 99, DRTCT; THENCE westerly witl~ the southerly line of said Pagan Tract to its southwest corner; THENCE continuiug along thc said Ragau Tract Boundary, N 01°21'22" E along a fence 622.02 ft. to an iron pin for corner; THENCE S 88°58'57'' E ak)ag a fence, 1 [ 1.55 ft. to a pipe ['or corner; THENCE lq 00° 14'03" E along a fence 804.85 ft. to a pipe for corner: THENCE S 89°42' 10" E atoug a fence l [85-8 ft. tu an iron pin for corner; THENCE S 00°31'30'' E along an irregular fence 407.43 ft. to the POINT OF BEGINNING and containing t60 acres of land. more or tess. C:\ORD\ZONING\480 126 Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA 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 : 7 TOTAL DATE AD INVOICE NO DESCRIPTION AD SIZF INCH/LINE RATE AMOUNT JUN 24 2696408 CL . 358 IX 85L 85 .46 39 . 10 CITY OF SOUTHLAKE, XSHLA K E,P • O . # ORD 480-126 TEA NRDNCO22DAORDIIANCEAMEN - 1NG ORDINANCE NO. , AS AMENDED,_THE COM- •PREHENSIVEZONINGOR- $Dp$INANCEOF THE CITY OF GRANTINGEA ZONINSG, R ACTENR SA FT ORT CERTAIN O LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 160ACRESOF LAND LEGALLY 66ADESCRIBED 11686B15 6B2 & 6BJ SITUATED IN THE J.A. FREEMAN SUR- VEY, ABSTRACT NO. 579 (lf.7414,,g'"ACt N2DC 1 SIATUATE2b2A,2BH2E SI TRACTL NO. 803YAND IT.'I JiINE, 994 óUBSCRIBED AND SWORN TO BEFORE ME ORE FULLY AND COW- Di OF PLETELY DESCRIBED IN U3LIC EXHIBIT"A"FROM"B-1" BUSINESS SERVICE PARK I ISTRICT AND"I-1"LIGHT. l( F 'J INDUSTR IAL DISTR ICT TO ll RSF-20A"SINGLE-FAMILY ESIDENTIAL DISTRICT, iT ' IRRA T COJNTY , TEXAS SUBJECT TO THE SPECIF- IC REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE CORRECTING. THE OFFICIAL NGZoNINGALL I ray�h MAP PRESERVING ALL ZONITHNGORDINANCCE;DE 0ikt / �`.‹1. LINOA K. BLEVIUS TPUBLIC NT THAT THE •i COMMISSION EAPIRES PUBLIC INTEREST MOR- I1:•i •� ALS AND GENERAL WEL- ,1-, FARE DEMAND THE 7.ON- ING CHANGES AND # r SEPTEMBER 13 1997 � AMENDMENTS HEREIN ��4RFos e MADE PROVIDING THAT. THISg ORDINANCE SHALL. TEAR ALONG THIS PERFORATION AN ORDINANCESL PROFVID PORTION WITH YOUR PAYMENT-tea ING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY FOR VIOLA-• INGNA SAVINGS CLAUSE; PROVIDING FOR PUBLI- ' 400 W. SEVENTH, FW, TX 76102 CATION IN THE OFFICIAL NEWS5NPAPER• AND PRO- DATIE G AN F F E CT I V E lErexyx Yt'/l I /� Y�')s 7C'/�'Il K)l'A'X'h%�YY Xex�-2051 Port Worth Starr 1 Section? Any rsle so re- corporation who violates di- g fusevs,omits,neglects or re- OU fuses to comply with or who r AMOUNT 269640 resists theenforcementof any C I T 5 7 DUE 39 . 10 of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. PAGE 4 Each day that a violation Is permittedtoexist shallconsti- tufe a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH FJU'NE 1994E 21ST DAY Geary Fickes, Mayor of South lake Attest:Sandra L.LeGrand, City Secretary Approved as to form: 4.Allen Taylor Jr., City Attorney CITY OF SOUTHLAKE • 667 N CARROLL AVE 39 . 10 11 SOUTHLAKE TX 76092-9595 PLEASE PAY h,. THISAMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 411 STATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA 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 : FTA_ DATE 1 AD INVOICE NQ1_ DESCRIPTION AD SIZE E I RATE AMOUNT JUN 10 2687792 CL • 358 NOTICE OF 1X 92L 92 • 46 42 . 32 PUBLIC HEARING Jun 10 NOTICE ALL INTER STED PERSONS that the City Coun- cil of the City of Southalke, Texas,will be holding a publ is hearing during the R Regular City onCouncil 21,11994, on- _.... _.. ....._ _..... _. _. ilbbeheldintthhectmeeting Co cil Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of the publicheariing istoconsid- er the following OF nnance: CITYORDINANCE 480126 AN ORDINANCE AMEND- • ORDINANCE NO. 4 - / ASS AMENDED THE COM- PREHENSIVEZONINGOR- DINANCE OF THE CITY OF 4.721• .. GRANTING EA ZONING EII / /' SUBSCRIBED AND SWORN 1 CHANGE ON A CERTAIN LAND WIOTHINRTHCE CIOTY T S THE 0 H DA0 OF J.UNE i. )4.06 �i 199 • OF SOUTHLAKE TEXAS BEING LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING 160 ACRES NOTARY PUBLIC I' OF LAND LEGALLY DE- ` SCRIBED ASTRACTS5 6A, 6A1 6 ,681,6E2IN TH &6B3SIA. TU-- TARRANT COL NT , TEXAS ATIMAN SURVEY ABSTRACT NO.529 AND TRACTS 1 2 =..�. h�11 2A 2B 2C&2C1 SITUATED •y � INS THE J.W. HALE SUR- ��""'k* VEY, ABSTRACT NO. 803 f •ors tinflA ic &ems AND MORE FULLY AND1 COMPLETELY DE- ��'„! • C�M S SCRIBED IN EXHIBIT"A" ^rCOWS FROM B-1R BUSINESS �y?i �+ S'�;;funxd !3, jt9, SERVICE PARK DISTRICT J �('�Q��7r ����a�tC�R f AND I-1" LIGHT INDUS- "VV�%i+ TRIAL DISTRICT TO "SF- L,T ,7 20A"SINGLEFAMILYRES- IDENTIAL SUBJECT TO TEAR ALONG THI MENTSECONTAIN`EDRIN ETURN THE LOWER PORTION WITH YOUR PAYMENT THIS ORDINANCE COR- RECTING THE OFFICIAL IINGI ALL OTHER SPOR- DINANCETDHETERMINING REMIT TO : 400 W . SEVENTH, FW , TX 76102 THAT THE PUBLIC IN- TETEST, MORALS AND F (GENERAL WELFARE DE- MAND THE ZONING FF�(�'j T pro�pI��p,n��qnD�t q� �lRt �prpp�� 1�y�7�1optIt, CHANGES AND AMEND- ^7�/C7Sn7�'X%1XX7�71'7lfJCX7C'7TT'/C7P MENTS HEREIN MADE,.iln PROVIDING THAT THIS ORDINANCE SHALL BE ACCOUNT AMOUNT 2687792 CUMULATIVE TO ALL OR-I NUMBER CIT57 DUE 42 . 32 DINANCES•PROVIDING A '•; ,der,,,,' - ,' / SEVERABILITY CLAUSE; PROVIDING FOR A SAV- INGS CLAUSE' PROVID- ING FOR PUBLICATION IN 1 THE OFFICIAL NEWSPA- PER'AND PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who resists theenforcementof any of the provision of this ordi- nance shall be fined not more than Two Thousand Dollars 02,000.00) for each offense. Each day that a violation is permitted to exist constitute a CITY OF S O U T H L p separae offense. City of Soffense. Texas • Sandra L.LeGrand 667 N CARROLL gct`Secretary I 42. 32 PLEASE PAY SOUTHLAKE TX 76092-9595 THIS AMOUNT 10 ATTN : SANDRA L LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED