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480-144CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-144 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 103.76 ACRES OF LAND SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT NO. 706, BEING TRACTS I AND lC, lA, lB, 3A, 3C, I lB, AND LOTS 1 AND 2, BRADLEY ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "R-P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 WI tEREAS, the hereinal'ter 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 propose4 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 oft: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 them 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 o! land requested for a change since the tract or tracts of land were originally classified and therefore /~els 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 ~$0UTttLAKE, 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 thc permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a 103.76 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706 being Tracts 1 and lC, IA, lB, 3A, 3C, I lB, and Lots I and 2, Bradley Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, frown "AG" Agricultural to "R-P.U.D." Residential Planned Unit Development Dislrict, as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B." 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 cnmulative of all other ordinances of the City of Southlakc, 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 freed 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 Ihe prnvisions 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 crinfinal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted unlil 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 pa.ssage 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 the 1st reading th __~94. ~ ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~_ day of ~ 1994. ^TTEST: APPROVED AS TO FORM AND LEGALITY: EXHIBIT 'A" along the west fire of said 3.02 acre tract to a 1/2 l~ch iron rod South 00 degrees 34 mlnutec 48 se~o~d~ Wect [83.96 feet TI{ENC~ South O0 degrees 36 minutes 42 seconds West 194.36 feat along th~ wost fine of ~aid 3.0 acre tract to ~ 1/2 inch £ro~ rod at the northwest corner of a 2.49 ~cr~ tract acCording to the Deed recorded in Volume 5169, Page 553, Deed Records, Tarrant County, T[(ENC~ South 0i degrees 07 roll, utes 39 second~ West i57.5[ feet alo~%g the west [foe of ~{afd 2.49 acr~ tract to a ~/2 l~ch icon rod at the northwest CO~ner of a 5.3 acre tract according to th~ Deed along the we~t [£~ of said 5.3 acre tract to a l/l £nch £ro~ rod at the northeast Co~er of a [3.75 acre tract accordln~ to th~ Deed Recorded £~ Volum~ 3063. Page 460. Deed Records, Ta~cant County, - EXHFBIT "A" corner of said 24.55 acre tract; tract accord£nG to the Deed recorded In Volume 274I. Page 267. Deed South O0 degrees 45 minutes West X47.20 feet to the ~o~thea~t corner of ~aid 5.53 acre tract; THENCE North 00 degrees 45 minutes ~ 147.20 feet to the West I16.96 feet to the ~outhwest Corner of ~aid 24.55 acre T~ENCE North 809.97 feet to the northwest corner of said 24.55 acre tract and the souther~aost southwest co--er of ~aid 13.75 ~cre tract= T~ENCE North 01 degree~ 04 minutes East 496.5 feet for a commo~ ell comer of said 13.75 acre tract; SAVE A1RD EXCEPT ONE TRACT of land known as Hood Cemeter~ ~nd m~re particularly ~aid rod also beinG at the northwest COrner of the T. N. Hood Survey Abstract 706. and the southwest CO--er of a 13.0 acre tract EXHIBIT "A" THSRCE South 64 degrees 49 ~£~uteG 26 seconds East 208.71 feet to EXIIIB] T "B" I :1! ,1! II,~,l i mm Ordinance No. 480-144 Page g INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 201927731 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/22/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/01 Bill To: SOUTHLAKECITY O TEXAS PO Number: CITY OF SOUTHL, SOUTHLAKE,,ITY TEXAS 1400 MAIN ST ORDINANCE 4 NO. Order Number: 20192773 STE 440 (FORMERLY REFER- ENCED AS ORDI- NANCE 480-369) Sales Rep: 7 E SOUTHLAKE, TX AMENDING INORIDI- NANCE NO. 480 AS Description: CITY OF SOUTHLA AMENDED, 'THE ZONING SORDI- Publication Date: 6/22/01 NANCE OF THE CITY OF SOUTHLAKE, Description TEXAS' GRANTING A ZONING CHANGE Location Col Depth Linage MU Rate Amount ON A CERTAIN 1 TRACT OF TRACTS CITY OF SOUTHLAKE T THE LA CITYWIT OFl l 35SO I I?? 122 LINE S6,O8 $741.76 SOUTHLAKE TEX- AS BEING LEGALLY DERIBE Sales Discount TTRACT 2C1A IN THE THOMAS M. HOOD ($642.94) SURVEY, AB- STRACT NO. 706, AND BEING 1.00 ACRE, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT Net Amount: $98.82 "A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DE- VELOPMENT DIS- TRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL THE STATE OF TEXAS TION OTHER OF THE ZONING ORDI- County of Tarrant I NANCE; DETER- MINING THAT THE PUBLIC INTEREST, Before me, a Notary Public ERAL LS W D FAEREN- f and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator for the Star Telegram,pub DEMAND THE NG CHANGESZAOND gram, Inc. at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say that thew A M E N D M E N T s idvertisement was published ' e above named paper the listed dates: HEREIN MADE' PROVIDING THAT" THIS ORDINANCE SHALL BE CUMU- iign < C LATIVE OF ALL -----_, ORDINANCES; SUBSCRIBED AND SWORF PROVIDING A SEV- ' PR CLAUSE; > Friday,June 0 ccoi PROVIDINGNATY FOR A '� PENALTY FOR OF; a/1A— LATIONS HEREOF; 0) PROVIDING A SAV- lotary Public /S INGS CLAUSE - PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. ��*r� CHRISTY '�' SECTION 7 :-t°- i o<4 L.HOLLAND Any person, firm or .� +_ I: corporation Y ho vio- '; '4= MY COMMISSION EXPIRES Thank You For You fates,disobe s,omits, . neglects or refuses to '' ''` JULY 31 comply with or who __. _.� """"'" __ ,20..04_ resists the enforce • - ment of any of the --'�.. provisions of this or- dinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each Remit To: Star-Te1e offense.Each day that Customer ID: CIT57 a violation is permitted P.O. Box to exist a separate of- exist shall Customer Name: CITY OF SOUTHLAKE fense. FORT WI PASSEDPROVED AND AP- 1-2051 OF CITY COUNCIL OF Invoice Number: 201927731 THE CITY OF SOUTHLAKE T X- AS ON DAY HISOFJUNE,THE Invoice Amount: $98.82 2001. MAYOR RICK STACY PO Number: ATTEST: SANDRA L. SECRETAARY CITY Amount Enclosed: $ APPROVED AS TO FORM: E. ALLEN TAYLOR JR., CITY • ATTORNEY tbrt Worth Star=1elegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TL,E STATE OF TEXAS unty 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH(LINE RATE AMOUNT OCT 0? 3061669 ' CL . 358 1X 78L 78 . 46 35 . 88 oct 7 P . O. # ORD #480-144 UTHLAKE TEXAS ORDINANCE NO.480-144 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, AS AMENDED THE COM- PREHENSIVE ZONINGOR- DINANCE OF THE'ITV OF SOUTHLAKE ZXAS GRANTINGN O A CERTAIN -- - - RACR OR TRACTS OF LAND WITHIN THE CITY 6 BEINGU 03.76 ACRES OF LANDSITUTATED IN THE _......-_.__......_...._. ..__-__._.-_.�.._.�_..-..-.-____.__....... T.M. HOOD SURVEY AB- STRACT NO. 706 BEING r/A� 3A 3C 1SB,ANDLOYSlAND [GNED • _ ` 2 BRADLEY ADDITION UBSCRIBED A D SWOR AND MORE FULLY AND :—, THIS THE 7TH AY OF OCTO ER 1994 COMPLETELY DE- NOTARY PUBLIC �/ SCRIBED IN EXHIBIT"A" K/"- FROM AG" AGRICUL- I TURAL TO "R-P.U.D." RESIDENTIAL PLANNED UNITDEVELOPMENTDIS- TRICT SUBJECT TO THE TARRANT CO TY, TEXAS SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE COR- RECTING THE OFFICIAL ZONING MAP• PRESERV- i p'I r`h MANS LNG ALL OTHER POR• �� �A}41 LINDA K. BIEVINS IIONSOFTHEZONINGOR- � ' � INANCE DETERMINING I2 ).',; COMMISSI)N EXPIRES HAT THE PULBIC INTER- 1 N� ST MORALS VOW col. /� ERAL WELFARE DE fry,...... �# SEPTEMBER 13, I992 / MAND THE • ZONING �``oV�, CHANGES AND AMEND- MENTS SHALL BE CUMU- LATIVE OF ALL ORDI- NANCES• PROVIDING A K-TEAR ALONG, O,iwNI�I FOROA aEN'-D RETURN THE LOWER PORTION WITH YOUR PAYMENT ALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE, PRO- VIDING FOR PUBLICA- TION A- TION IN THE OFFICIAL REMIT TO: 400 W . SEVENTH , FW, TX 76102 NEWSPAPERL AND PRO- VVIDIENG AN EFFECTIVE Fort Worth Section beys, Any person firm r_p I O or corporation who violates, R- T i O: v' V ( •�7p�'776�I 1-2051 disobeys,omits, neglects or Il X � �^ "'"""'B refuses to comply with or who 3061669 resisistheenforcementofanYy ACCOUNT of the provisions of this ordi- nance shall be fined not more NUMBER C I T 5 7 DUE 35 . 88 than Two Thousand Dollars ES2,000.00) for each offense. Each day that a violation Is 1 perm fitted toexi st sha l l con st l- tute a separate offense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH- K_AE THIS THE 4TH DAY OOF CTOBER, 1994. an,Fickes, 'Mayor of Southlake Attest: Sandra L. LeGrand, City Secretary Approved as to form:E.Allen Taylor Jr.,City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 35 . 88 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '"T STATE OF TEXAS lnty 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 : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT SEP 23 8047693 CL . 358 1X77 L 77 . 46 35. 42 Sept . 23 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cil of the City of Southlake, Texas,will be hoiding a public hearing during the R Regular City on October4f e1t994,beglnn-- nin at 7:00 .m.the meetingg "• '-'P•i-�cityy Council Chambers of City Hall, 667 North Carroll Avenue,South- lake, Texas. The purpose of thepublichearing Is toconsid- er the fo'lowin99 ordinances: 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-144 - - - AN ORDINANCE AMEND- ING ORDINANCE NO. 480, / AS AMENDED THE COM- PREHENSIVEtONINGOR-) CRIBED A D SWORN TO SOUTHLAKDINANCEOFE,THE TECIX TY AOS'F 'IIS THE 23RE ,pAY OF SEPT" 994 GRANTING A ZONNd CHANGE ON A CERTAIN NOTARY PUBLIC ' TRACT O TRACTS OF i `/����/ b'- {,r' ..__.. �' LAND WITHIN THE CITY ` � 1 OF SOUTHLAKE TEXAS BEING 103.76 ACRES HOFE TARRANT CO NTY, TEXAS LAND SITUATED IN THE T.M. HOOD SURVEY AB- STRACT -.... ___ __. NO. 706 BEING TRACTS 1 AND lC 1A 18 + `s 3A,3C 11B,ANDLOISIAN° �e''P9Bh, 2, BRADLEY ADDITION S 4 ,, LINDA K. BlEVINS AND MORE FULLY ANC --"-- -----f"�''` - COMPLETELY DE- #;•1� '•; COW MISSION EXPIRES SCRIBED IN EXHIBIT"A" ,�, FROM "AG" AGRICUL- �i/ % TURAL TO "R-P.U.D." 4 , SEP EMBER 13. 1997 RESIDENTIAL PLANNED ....--.-.a`,F,.,o.....= _. _... _... UNITDEVELOPMENTDIS- SPECIFICBJEU REQUIRE- MENTS CONTAINED IN THIS THENOFFICIIAL TEAR ALONG THIS F ZONING MAP PRESERV-1RN THE LOWER PORTION WITH YOUR PAYMENT-----,,ING ALL OYHER POR- TIONSOF THE ZONINGOR- DINANCE'DETERMINING THAT THE PUBLIC INTER- ERAL WELFARE GDE- REMIT TO : 400 W • SEVENTH , FW, TX 76102 MAND THE ZONING CHANGES AND AMEND- () MADE REMIT T PROVIDING THAT THIS EMIT T O: Ct, x50Rc c�� X. "V 1k ft7R1R1-2051 ORDINANCE SHALL BE ll7l71/17C/l Port Worth �• SEVERABIL TYOFCLAUSE;I ACCOUNT AMOUNT DINANCES'PROVIDING A 8047693 PLTY PROVIDIN F OLAAT ON-S NUMBER CIT57 DUE 35 . 42 FOHEREOF; PROVIDING A SAVINGS OR PUBLICA- TION IN THE OFFICIAL NEWSPAPER. AND PRO- VIDING AN EFFECTIVE DATE. City of Southlake,Texas Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE IFASEP AY 35 . 42 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED