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480-157CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-157 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 16.92 ACRES SITUATED IN THE JAMES THORNHILL SURVEY, ABSTRACT NO. 1505, BEING ALL OF TRACT 2 AND A PORTION OF TRACT 2A, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF -IA" 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 GAORD70NING \480.157 Page 1 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 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: GAORMZONING \480.157 Page 2 Being 16.92 acres of land situated in the James Thornhill Survey, Abstract No. 1505, being all of Tract 2 and a portion of Tract 2A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF -lA" 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 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 G: \ORD\ZONING \480.157 Page 3 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. I PASSED AND APPROVED on the 1st reading the ` day o , 1994. ��'00 AYOR A ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day o;�t 994. w AYOR ATTEST: co Z �Ip111111111 \ \\ CITY SECRETARY G\0RD\Z0NWGM0.157 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: ) &A" �✓ , / I EFFECTIV &t" 1 11)J-' -1 GAOR MoxMG480.157 Page 5 ON 11: BEING a tract of land out of the JAMES THORNHILL SURVEY. Abstract No. 1505, in the City of Southlake, Tarrant County. Texas and being all of the 40 acre tract described in deed to Naomi Ruth Morrison, recorded in Volume 5822. Page 328 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of the 11.842 acre tract described in deed to Stephen W. Smith, recorded in Volume 7432. Page 2286 of the Deed Records of Tarrant County. Texas, from which a 3/8' iron rod found for the southeast corner of the 11.842 acre tract and the southwest corner of STONE LAKES PHASE THREE, an addition to the City of Southlake, recorded in Cabinet A. Slide 1679 of the Plat Records of Tarrant County, Texas bears North 89'45'36' East, a distance of 198.55 feet: THENCE leaving the said south line of the 11.842 acre tract. South 00'03'11' East, a distance of 673.99 feet to a point for corner in the north line of CHIMNEY HILL PHASE II, an addition to the City of Southlake, recorded in Cabinet A. Slide 808 of the Plat Records of Tarrant County, Texas: THENCE with the north line said CHIMNEY HILL. PHASE II. South 89'52'42' West, a distance of 454.93 feet to a 3/4' iron rod found for the common corner of said addition and the 4.89 acre tract described in deed to Jose B. Franco, recorded in Volume 5993, Page 609 of the Deed Records of Tarrant County. Texas: THENCE with the north line of the 4.89 acre tract. North 89'39'51' West, a distance of 628.99 feet to a point in the east right -of -way line of Peytonville Road for the southwest corner of the 0.5090 acre tract of land described in deed to the City of Southlake. Texas, recorded in Volume 11586. Page 0625 of the Deed Records of Tarrant County. Texas. from which a 60d nail found in Peytonville Road for the southeast corner of the 40 acre tract bears North 89'39'51' West, 31.00 feet and a 5/8` iron rod found bears North 89'39'51' West, 13.50 feet: THENCE with the said east right -of -way line of Peytonville Road, North 01'06'51' West, a distance of 675.98 feet to a point for the northeast corner of the 0.5090 acre tract in the south line of the 11.842 acre tract described in deed to Stephen W. Smith, recorded in Volume 7432. Page 2286 of the Deed Records of Tarrant County. Texas, from which a 60d & found for the northwest corner of the beforementioned 40 acre tract bears North 89'45'36' West. 31.00 feet and a 5/8' iron rod found bears North 89'45'36" West. 13.50 feet: THENCE with the south line of the said 11.842 tract, South 89'45'36' East, a distance of 1096.44 feet to POINT OF BEGINNING and containing 16.92 acres of land. GAORDNZONINGW80.157 Page 6 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 --7 STATE OF TEXAS Inty 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/I.INE RATE AMOUNT NOV 04 8072544 CL . 358 1X88 L 88 • 46 40 . 48 Nov - 4 P . O . # ORS__ k&O-157 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 holding a public --------- hearing during the Regular City Council meeting to be held on November, 15, 1994, beginning at 7:00 p.m. The meetingwlllbeheldlntheCity - -"— Council Chambers of City • Hall,667 North Carroll Ave- nue, Southlake, Texas. The P trpose of thehe bl c hears g _.-..__.. ...._._...--... din : I CITY-OF SOUTHLAKE, ! if op TEXAS SIGNED of.A.,014)1. • ORDINANCE NO.480-157 _ : 1 1,_._S WL� AN ORDINANCE AMEND- -- E THI HE 4TH NO DUI:' c ING ORDINANCE NO. 480, k , AS AMENDED THE COM- PREHENSIVEZONINGOR- NOTARY PLI LIit ...._........_.- ...._.....-....._... .----..._ DINANCEOFTHECITYOF __. ._. _ _.`. ...I_C..-- ��. ... _. . SOUTHLAKE TEXAS• iliei l GRANTING A ZONING CHANGE ON A CERTAIN ARRANT 0 f TY , TEXAS TRACT OR TRACTS OF LAND WITHIN THE CITY -- - ------- --- OF SOUTHLAKE, TEXAS, BEING 16.92 ACRES SITU- sq, ' ATED IN THE JAMES1.10.?Pe•, THORNHILLSURVEY AB- STRACT NO. 1505 BEING O A ,{,' LINDA K. BUMS' PORTIION OL OF F TRACTD2A 0 „a s COMMISSION EXPIRES ;, ..V-r AND MORE OR EFULLY AND Ly _ �' — � — # -le-:.:: _ --SEPTEMBER 13, Lgq7 _ CITY ,EC►�TARY AGRICUL- TURALSCRIBE9 IN 1 r 1'„�`�' TIAL DISTRICT SUBJECT TO THE SPECIFIC RE- -TEAR AL 1AINEDN"THIS oRDN- 'I AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----,.. NANCE, CORRECTING THE OFFICIAL ZONING OTHER PO- RTION OF ING THE Z NINGOIRDI ATHNCT ;DITHE REMIT TO : 400 W • SEVENTH, FW , TX 76102 ERMINPUBLIC INTEREST,MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZOO- p� rVr�eM vlvontyyc�M-�p�.yet 1-2051 ING CHANGES AND A',E7I�1 IC: �• X'/�OXM`I5�7v1/s'rxxvx-rxvs`►�`/�ixvo 1}i; AMENDMENTS HEREIN MADE, PROVIDING THAT rWqrthTHIS MADE, SHALLjram ACCOUNT AMOUNT 80 4 BE CUMULATIVE OF ALL NUMBER C I T 5 7 DUE 40. 48 ORDINANCES PROVID- "\ �' , F-�„$ ING A SEVERABILITY arI CLAUSE;PROVIDING FOR N ' A PENALTY FOR VIOLA- TIONS HEREOF- PROVID- ING A SAVINGS'CLAUSE; OF PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPAPER- AND PRO- VIDING AN AFFECTIVE DATE. Section 7.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who resists theentorcementof any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars CITY O F S O ES2 h ay'thfoat each offense. ach day that a violation Is rmlttedtoexlst shall constl- -s 667 N CARR cityotSouthlakeffTexas 40. 48 SOUTHLAKE City aSecretary eGrand PLEASE PAY 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND • PLEASE WRITE IN AMOUNT ENCLOSED fort Worth tar1ëIegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 --7 STATE OF TEXAS anty 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 I TOTAL. RATE AMOUNT L INCH LINE NOV 18 3086996 CL . 358 1X79 L 79 . 46 36. 34 1 nov 18 P.O. # ORD #480-157 CITY OF SOUTHLAKE TEXAS ORDINANCE 1Jo.480-157 AN ORDINANCE AMEND- ING ORDINANCE NO. 480, PREHENSIIVELONINGOR- I DINANCE OF THE CITY OF SOUTHLAKE TEXAS, GRANTING A ZONING _._--..--- - TRATERNR CERTAIN O . LAND WITHIN THE CITY • BEINGU1692 ACRES SITU- ///•��� T IN THE DAMES THORNILLNO SURVEY, EB,AB- STRACT NG ALL OF OF TRACTSIGNED _ ' �- -- AND MORE FULLY Al? - - ' ----- JBSCRIBED AND SCRIBED NEXHIBIT"A"RE ME, TNt T lg �r Al F• NO :I I:E• 1994 FROM"AG"AGRICUITUR- '� AL TO "SF-1A" SINGLE- NOTARY PUBLIC Ii , FAMILY RESIDENTIAL — ' — + Of/ SPETCIFIC JEC REQUIRE- MENTS CONTAINED IN 01, TARRANT CO ' Y, TEXAS THIS ORDINANCE COR- ` •� _.. RECTING THE OFFICIAL; �p ZONING MAP PROSERV- A{t�T!.!'t14 TTIONSOFTHOEZONINGOR- RV ' �',�+++ LII�DA It. BIEVINS [ THA NCEE-PUBL GINNER __._ ..--._..__--- �'4- •; COMMiSS(UN EXPIRES _..... EE ,n FICE OF ST MORALS AND GEN- +i�, ��rr RAL WELFARE DE- +4 �: r :-...... SEPTEMBER 13, 1997 �- MAND THE ZONING �y�`,�. eilifif `-i CHANGES AND AMEND- MENTS HEREIN MADE ' • PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL OR- DINANCES-PROVIDING A TEAF PROVIIDINIGIFORCAAPEN-TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT . �- ALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE- PRO- VIDING FOR PUBLICA- TION IN TEH OFFICIAL IDING NEWSPAPER,: AND O-I REMIT TO : 400 W . SEVENTH, FW, TX 76102 AN DATE. Fort W rth fusestoion Any lywitperson, orwho . corporation who violates,di- ram PET TC: �. ry�.gl. g�9(sR�@ X 4�NR1t'4C�9C�X9 �JQ1-2os1 sobers,omits,neglects or re- to comply with or who, ' resistsiheentorcementofanyy r of the provisions of this ordl- ACCOUNT AMOUNT 30869 6 nance shall be fined not more NUMBER C I T 5 7 DUE 36 . 34 f than Two Thousand Dollars , Each 0.00) for each offense. EEach day that a violation Is 1pute a tedtr to offense. I) per a separate offense. 1 tPASSED AND APPROVED 16F g BY THE CITY COUNCIL OF THE CITY OF SOUTH- <Q',, LAKE THISTHE 15TH DAY OF NOVEMBER,1994. Gary Flckes 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 36 . 34 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED