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480-158CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-158 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 24.64 ACRES SITUATED IN THE JAMES THORNHILL SURVEY, ABSTRACT NO. 1505, BEING A PORTION OF TRACT 2A, 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 GAORD70NING \480.158 Page 1 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 \480.158 Page 2 Being 24.64 acres of land situated in the James Thornhill Survey, Abstract No. 1505, being a portion of Tract 2A, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural to "SF -20A" Single - Family Residential District, as depicted on the approved Concept 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 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 G:\ORD\ZONING\480.158 Page 3 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 on the 1st reading the / day o ' 1994. AYO CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day o � ,,,,,,, AYOR �u H L ATTEST: N TTY SECRETARY c: XORD\zormaM480.158 Page 4 APPROVED AS TO FORM AND LEGALITY: (i � /p/� CITY ATTORNEY DATE: I cP — C ADOPTED: /� !J, EFFECTIVE: /' 0 GAORDMNINGW80.158 Page 5 EXHIBIT "A" BEING a tract of land out of the JAMES THORNHILL SURVEY, Abstract No. 1505, in the City of Southlake, Tarrant County. Texas and being part of the 40 acre tract described in deed to Naomi Ruth Morrison, recorded in Volume 5822. Page 326 of the Deed Records of Tarrant County. Texas. and being more particularly described as follows: BEGINNING at a 3/8' iron rod found for 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 and the southeast corner 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: THENCE with the south line of the said STONE LAKES PHASE THREE. South 89'46'04' East. a distance of 974.42 feet to a 5/8" iron rod found for the southeast corner of STONE LAKES PHASE THREE and the southwest corner of STONE LAKES PHASE TWO, an addition to the City of Southlake, recorded in Cabinet A. Slides 1393 and 1394 of the Plat Records of Tarrant County. Texas: THENCE continuing with the south line of said STONE LAKES PHASE TWO. South 89'44'33' East. a distance of 425.00 feet to a 3/8" iron rod found near a fence post for an ell corner of said addition; THENCE with the southerly most west line of STONE LAKES PHASE TWO. South 00'27'46' East' passing a 3/8' iron rod found near a fence post for the westerly most northwest corner of the 240.99 acre tract conveyed to Southlake Joint Venture by deed recorded in Volume 9719. Page 599 of the Deed Records of Tarrant County. Texas at 34.13 feet: continuing with the southerly most west line of the 240.99 acre tract, in all a total distance of 668.37 feet to a 5/8" Iron rod found in concrete near a fence post in the north line of SOUTHLAKE HILLS. PHASE II, an addition to the City of Southlake, recorded in Cabinet A. Slide 1324 of the Plat Records of Tarrant County. Texas, from which a 1/2' iron rod found for the northeast corner of the said addition bears South 89'55'06' East, 8.34 feet: THENCE with the north line of said SOUTHLAKE HILLS, PHASE II. North 89'55'06' West, a distance of 1255.14 feet to a 5/8" iron : rod found for the common corner 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 347.60 feet to a point for corner; THENCE leaving the north line of said CHIMNEY HILL. PHASE II. North 00'03'11' West. a distance of 673.99 feet to a point for corner in the south line of the said 11.842 acre tract: THENCE with the south line of the said 11.842 acre tract. South 89'45'36" East, a distance of 198.55 feet to the POINT OF BEGINNING and containing 24.64 acres of land. GAORDWNINGw80.159 Page 6 EXHIBIT "B" ti b O t S F y4 � 1 3 o L 4 N Ica 0 I O '! Q! ! m N� i 1 I � in �i P i N Z NCO iw IOJ^ N e 4" l3NTINJ g : 3 3 S �� -317143 NNYd i£fV MNmI - '0'11'1 £ — d S 03NOZ - C v v Z t e v G. 6 ZI 2` a' J a S y Y �E 'a 'f F Ni Y L 8 . Y F j.i I ' Y. Yi * R i: f ;=Y 1:: . ' 2 T MI.,7;; d _ 1 --------- s J13393 Ordinance No. 480 -158 Page 7 s O , 0 t R t 3 ' c RO �d Y > =o S-r- om �• ? 3 Sa o 2 ' A.- 9 G. 6 ZI 2` a' J a S y Y �E 'a 'f F Ni Y L 8 . Y F j.i I ' Y. Yi * R i: f ;=Y 1:: . ' 2 T MI.,7;; d _ 1 --------- s J13393 Ordinance No. 480 -158 Page 7 s 9 0 n G. 6 ZI 2` a' J a S y Y �E 'a 'f F Ni Y L 8 . Y F j.i I ' Y. Yi * R i: f ;=Y 1:: . ' 2 T MI.,7;; d _ 1 --------- s J13393 Ordinance No. 480 -158 Page 7 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 INCOH/LINE TAL RATE AMOUNT NOV 04 8072551 CL . 358 1X86 L 86 . 46 39 . 56 Nov . 4 P . O . # ORD #480-158 — -- -- 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 beholding apublic hearing during the Regular City Council meeting to be held on November, 15, 1994, beginning at 7:00 p.m. The .--- meetingwili beheld In theCity • Council Chambers of City Hall,667 North Carroll Ave- ---- --- ----- --- nue, Southlake, Texas. The- _.. .._.�. _. purpose of the public hearing --------__._ _ Is to consider the following or- dinance:OF SOUTHLAKE, I G N E D BSCRIBED AND SWOF AS ORDINANCE NO.480-158 E, THIS THE 4TH Y OF NOVEMBE AN ORDINANCE AMEND- ING ORDINANCE NO. 480, NOTARY PUBLI AS AMENDED THE COM- LPREHENSIVEZONINGOR- — DI NANCE OF THE CITY OF SOUTHLAKE, GEA ZONINSC�` �__._ CHANGE ON A CERTAIN TARRANT COUNT TEXAS TRACT OR TRACTS OF LAND WITHIN THE CITY �� OF SOUTHLAKE, TEXAS, �a►;!Sr,t s14 BEING 24.64 ACRES SITU- LINDA y 81[u1u ATED IN THE DAMES COMMISSION WIRES THORNHILL SURVEY AB- �,..? !I STRACT NO. 1505 BEING ALL OF TRACT 2A, AND :K P% MORE FULLY AND COM- lit'. T OFFICE OF PLETELY DESCRIBED IN EXHIBIT"A"FROM AG 2AR1CSIRELA �� CITY SECCETARY 0 NGL SINGLE-FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIE- TEAR ALONC TARNEODI NETHISTO10-VD RETURN THE LOWER PORTION WITH YOUR PAYMENT NANCE CORRECTING THE OFFICIAL ZONING MAP, PRESERVING ALL OTHER PORTIONSOF THE ZONINGORDINANCE;IDE- REMIT TO : 400 W • SEVENTH, FW , TX 76102 TERMINING THAT II HE PUBLIC INTEREST,MOR- FARE DEMAND THE WEL- FARE Fort worth ZON- ING CHANGES AND I;C74! IC: XI cX X( XX XIXvXCX XVXXXXX1-2051 THIS ORDINANCE SHALL ram AMENDMENTS HEREIN , MADE- PROVIDING THAT 8072551 BE CUMULATIVE OF ALL ACCOUNT AMOUNT TONG IA ASECVE(?ABIOLITY NUMBER CIT57 DUE 39 . 56 CLAUSE;PROVIDING FOR I A PENALTY FOR VIOLA- TIONS SAVINGS CLAUSE; 1 PROVIDING FOR PUBLI- AL CATION IN SAND(PRO- VIDING AN EFFECTIVE DATE. .Section 7.Any person,firm or corporation who violates,di- sobeys,omits,neglects or re- fuses to comply with or who res I sts the enforcement of any of the provisions of this ordi- nance shafinll Doar ($2,000.00) for each offense. CITY OF S O U T Each day that a violation Is tormittedtoexist shall consti- teaseoarateoffense. N 667 N CARROLI City of Southiake Texas 39 . 56 is/Sandra s/ anddratL. eGrand PLEASE PAY SOUTHLAKE Ti, roJ92-9595 THIS AMOUNT , ATTN : SANDRA LEGRAND • PLEASE WRITE IN AMOUNT ENCLOSED • Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 -- = 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 : TOTAL DATE AD INVOICE NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT NOV 18 3087060 CL • 358 1X78 L 78 . 46 35 . 88 nov 1,A P . O . # ORD #480-158 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-158 AN ORDINANCE AMEND ING ORDINANCE NO. 480, :ASAMENDED THE COM- PREHNENSIVELONINGOR 1{byl,Al MEAKE HE CITY E XAS __....... r•2ANTING A ZONING` ?ll'.NA;E ON A CERTAIN • ACT OR TRACTS OF v/ND WITHIN THE CITY a- SOUTHLACR TEXAS --- e,ING 24.64 ACRES SITU- - - ED IN THE JAMES, —ORNHILL SURVEY eI ROTIONOOF TRACT A G N E D ,Ir.. .._ ... D MORE FULLY AN -- ..___.. JBSCRIBED AND SWORN —MPLETELY DE- 1 THI THE 18'I'I-: AY OF NO R, 994 'e,tIBEDIN EXHIBIT 'A" NOTARY PUBLIC 9.RM "AG" AGR ICULA• s r' r2RAL TO "SF-20A' SIN- {E(// E-FAMILY RESIDEN- S`TOHETSPECIFUBJRE IIREMENTS CON- TARRANT CO U _ , TEXAS INED IN THIS OROI- — -------- --- -- --- ANCE• CORRECTING �ppY:'� �, ,HE OFFICIAL ZONING MAP,- PRESERVING ALL -a °("', LINDA K. BLEVINS __. . .. OTHER M NORGINA O,DfE —_...— 2'- 0,.!'0'' ,•- COMMISSION EXPIRES C I OF PUBLIC INTEREST,MOR• S " :Ps OFFICE ALS AND GENERAL WEL- 4{f, •, SEPTEMBER 13, 1997 FARE DEMAND THE ZON- ING CHANGES AND % ,....� A.'AENDMENTS HEREIN CSTY SEC► TARY HIDSEORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES- NG IA SVAL IO j�TEAR ALONG cAusEEoEv2DBGFO D RETURN THE LOWER PORTION WITH YOUR PAYMENT-� - A PENALTY FOR VIOLA- TIONS HEREOF- PROVID- ING A SAVINGS CLAUSE, PROVIDING FOR PUBLI- CATION IN THE OFFICIAL REMIT TO : 400 W . SEVENTH , FW , TX 76102 NEWSPAPER AND PRO- VIDING AN EFFECTIVE FFortWorthS DATE. Section 7.Any rson,firm or PEIv1!T TO: R, ,q �pp y r'y�[y���{, t� corporation folYc violates,di• /a �' , !C Rfx/11/15/l x JL T 1l x E�(�r8exr-2051 - In corporation w,neglects s,re- resl sts the enfo rcement of anyy 3 0 8 7 E1 6 f7 of the provisions of this ordi- nance shall be fined not more NUMBER (ITS? DUE 35. 88 r a that Two Thousand Dollars \� � v" (52,000.00) for each offense. a ak i' 4 Each day that a violation Is i , k permiteedd to exist shall consti- PASSED AND APPROVED 1 BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE THIS THE 15THDAY OF NOVEMBER,1994. Gary FIckes Mayof of south lake 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 Pr- ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED