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480-207CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-207 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 LEGALLY DESCRIBED AS BEING APPROXIMATELY 73.9848 ACRES SITUATED IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING TRACTS 2A4, 2A5, AND A PORTION OF TRACT 2A2; AND IN THE T.J. THOMPSON SURVEY, ABSTRACT NO. 1502, TRACTS ID, 2, 2A2, 2A3, AND 2B, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL 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. REQUESTED ZONING: 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 "C-3" General Commercial District and "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and L:~CTYDOCS\ORD~,CASES\480 207.20A Page I 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 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 thc 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: L:\CTYDOCS\ORD\CASES\480-207 20A Page 2 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 73.9848 acres situated in the W.R. Eaves Survey, Abstract No. 500, being Tracts 2A4, 2A5, and a portion of Tract 2A2; and in the T.J. Thompson Survey, Abstract No. 1502, Tracts iD, 2, 2A2, 2A3, and 2B, more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "C-3" General Commercial District and "AG" Agricultural District 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 conunercial 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 L CTYDOCSiORD\CASES\480-207 20A Page 3 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. 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/7 day of~1996. ATTEST: (~ITY SECRETARY PASSED AND APPROVED on the 2nd reading the / day og~', 1996. MAYOR ATTEST: L:\CTYDOCS ORD\CASES\480-207.20A Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNE~/~~ L:\CTYDOCS\ORD\CASES\480 207.20A Page 5 EXHIBIT "A" BEGINNING at a point for the southwest corner of Tract 2 of AIRPARK ESTATES, an addition to the City of Southlake, Texas according to the plat thereof recorded in Volume 388-123, Page 99 of the Plat Records of Torrent County, Texas; THENCE with the north line of said AIRPARK ESTATES, the following courses and distances to wit: South 00°55'20" East, a distance of 449.43 feet to a point fo~ corner; South,08 "23'10" West, a distance of 156.51 feet to a point for corner; South 05"48'34" West, a distance of 481.35 feet to a point for corner; South 05"48'21 ~' West, a distance of 529.96 feet to a point for corner; THE1'4CE South 05°48'21" West, a distance of 653.46 feet to a point for corner in the oenterline of Continental Boulevard; THENCE along the centerline of said Continental Boulevard, South 89°41 '56" West, a distance of 470.72 feet to a poirtt for corner; THENCE leaving said centerline, and with the east line of a tract of land described in deed to H.E. Gilliland, recorded in Volume 7560, Page 1015 of the Deed Records of Torrent County, Texas, North 00" 14'57" East, a distance of 427.86 feet to.a point for the southeast corner of NORTH DAVIS BUSINESS PARK, an addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 253 of the Plat Records of Torrent CounW, Texas; THENCE with the east line of said addition and the east line of a tract of land described in deed to W.E. Couch, recorded n Volume 8713, Page 141 and Volume 4680, Page 389 of the Deed Records of Tarrant CounW, Texas, the following zourses and distances to wit; North 00°40'58" East, a distance of 230.04 feet to a point for corner; rth 00"27'05" West, a distance of 1315.27 feet to a point for the northeast corner of said Couch tract; ., YHENCu with the north line of said Couch tract, South 89°05'15" West, a distance of 771.43 feet to a point for the southeast corner of a tract of land described in deed to Bernard Cosgrove, recorded in Volume 3865, Page 333 of the Deed Records of Torrent County, Texas; ~HENCE with the east line of said Cosgrove tract, part of the way, North 01 "14'41" West, a distance of 477.92 feet to ~ point for the northeast corner of said Cosgrove tract; tHENCE with the north line of said Cosgrove tract, South 89°16'56" West, a distance of 79.84 feet to a point for corner; FHENCE with the east line of a tract of land described in deed to Michael Cosgrove, recorded in Volume 7011, Page 700 ;f the De_ed Records of Tarrant County, Texas, part of the way, North 00°28'12" West, a distance of 541.14 feet to a oint for the northeast corner of said Michael Cosgrove tract; *HENCE with the north line of said Michael Cosgrove tract part 6f'the way, South 89°26'51" West, a distance of 332.60 ~et to a point in the east right-of-way line of F.M. No. 1938 (Davis Blvd., a variable width ROW); HENCE with the said east right-of-way line, the following courses and distances to wit: North 00°50'37" West, a distance of 16.81 feet to a point for corner; N0fth 06°32'3?" West, a distance of 33.33 feet to a polnt in the south line of a tract of land described in deed to Otis Collin, recorded in Volume 8267, Page 1572 of the Deed Records of Torrent County, Texas; ktENCE leaving the east right-of-way line of said F.M. No. 1938 and with the south and east lines of said Collins tract, e following courses to wit: *' -~lh 89°27'51" East, a distance of 500.86 feet to a point for corner; ~ 00°22'49" L--cst, a distance of 302.99 feet to a point in the south line of SOUTHLAKE CROSSING, PHASE · d~n addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 251 of the Plat Records of Torrent County, Texas; L:'( TYDOCS~ORD/( '\SES\480 207 20A -HENCE with the south lines of said addition and the southerly and easterly lines of SOUTHLAKE CROSSING, PHASE 2, n addition to the City of Southlake, Texas according to the plat thereof recorded in Cabinet A, Slide 2-425 of the Plat iecords of Tarrant County, Texas, the following courses and distances to wit: North 89°24'55" East, a distance of 121.53 feet to a point for corner; North 50°55'48" East, a distance of 261.36 feet to a point for corner; North 89°38'19" East, a distance of 317.29 feet to a point for corner; North 04°08,56" West, a distance of 243.94 feet to a point for corner; HENCE leaving the east line of said SOUTHLAKE CROSSING, PHASE 2, North 51 °27'45" East, a distance of 539.99 feet ~ a point for the northwest corner of STONEBURY, an addition to the City of Southlake, Texas according to the plat 'ereof recorded in Cabinet A, Slide 2917 of the Plat Records of Tarrant County, Texas; -IENCE with the west line of said addition and the west line of BAKER ESTATES, an addition to the City of Southlaket. ~×as according to the plat thereof recorded in Cabinet A, Slide 1575 of the Plat Records of Tarrant County, Texas, the !lowing courses and distances to wit: h 00°12'57" East, a distance of 729.82 feet to a point for corner; ' · .h 00°09'57" East, a distance of 276.03 feet to a point for corner; South 00° 13'50" East, a distance of 436.87 feet to a point for the southwest corner of said BAKER ESTATES; ~ENCE with the south line of said addition, South 89°51'24- East, a distance of 307.59 feet to a point for the northwest rner of said AIRPARK ESTATES; tENCE with the west line of said AIRPARK ESTATES, South 00045'29" East, a distance of 374.47 feet to the POINT OF 7GINNING and containing 73.9848 acres of land. L ,,CTYDO(?5;\ORD\CASESX480 207.20A Pag{~ 7 EXHIBIT "B" · ~ L:\CTYI)OCS\ORD\CASPXS\480 20? 20,'\ FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 2571798 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 -, 'E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 10/04ME 2571798 CITY OF SOUTHLAK I358 1x 83L 83 .66 54 .78 /04- .0/04 CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-20 -- -- _ AN UHUINANCE AMENUINIi I ORDINANCE NO. 480, AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE RACT OR TRACTS OFRLAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGAL- LY DESCRIBED AS BEING APPROXIMATELY I 73.9848T W.R. EAVES SURVEY AB- STRAT NO.TRACTS 2A4, 2A5, AND A PORTION OF TRACT 2A2; \ AND IN THE T.J.THOMPSON SURVEY, ABSTRACT NO. SIGN 1502, TRACTS 1D 2, 2A2 F2ULLYAND AND 2BCOMPLETELAND Y SUB: ROM"C3"GERIBED INNERALC M DRN TO BEFORE ME, THIS THE 9th DAY OF OCTOBER 1996 MERCIAL DISTRICT AND "AG" AGRICULTURAL DIS- -s+�-+�a.v TRICT TO "SF-20A" SINGLE ��' `�+� FAMILY RESIDENTIAL DIS- Pat PPo4 RHONDA R. GOKE Otary Public TRICT, SUBJECT TO THE -''-:tt, ' SPECIFIC REQUIREMENTS yCONTAINED IN THIS ORDI- • COMMISSION EXPIRES NANCE; CORRECTING THE `S,,.. r ? OFFICIAL ZONING MAP;PRE-' "4i.. +P' SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS SERVING ALL OTHER POR- 1,,F"•••F' = TIONS OF THE ZONING OR- TTHDIATN THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE PL! ZONING CHANGES AND IIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ERABILIYY CLAUSE-PROVID- ING FOR A PENALTY FOR VI- f PROVIDING A S HEREOF,: SCLgUSE; PROVIDING FOR PUBLICATION IN THE OFFI-I 'La P NEWSPAPER AND V PROVIDING AN EFFECTIVE REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 DATE. Section 7.Any person,firm or I corporation who violates, disobeys omits,neglects or ACCOUNT AMOUNT refuses to comply with or NUMBER C I T 5 7 54 .78 DUE who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- 1 OFI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 sand Dollars ($2 000.00) PAGE for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PASSED AND APPROVED BY I THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS THE 1ST DAY OF OCTOBER, 1996. /s/Rick Stacy Mayor of Southlake ATTEST: /s/Sandra L.LeGrand, SOUTHLAKE City Secretary APOVEDE.Allen T yloTr,JORM: /s/ 4RROLL AVE City Attorney a V E I M L A K E , TX 7 6 0 9 2-9 5 9 5 PLEASE PAY 54.78 THIS AMOUNT , 1 PLEASE WRITE IN AMOUNT ENCLOSED