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480-218CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-218 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 APPROXIMATELY 17.082 ACRES SITUATED IN THE JOHN J. FRESHOUR SURVEY, ABSTRACT NO. 521, BEING TRACT 1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF- 1 A" 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 role 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 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 WHEREAS, the City Council of the City of Southlake, Texas, at a public heating called by thc 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 15om fire hazards and damages; noise L:\CTYDOCS\ORD\CASES\480-218 SF1 Page I 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 o f population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, W H EREAS, 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 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 comxnunity. 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 o f 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 17.082 acres situated in the John J. Freshour Survey, Abstract No. 521, Tract 1, and more fully and completely described in Exhibit "A" attached L:XCTYDOCSXORD\CASES\480-218.SFI Page 2 hereto and incorporated herein, from "AG" Agricultural District to "SF-IA" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map thc City o£ 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, ~norals 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 or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. L:\CTYDOCS\ORD\CASES\480-218.SFI Page 3 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 tbr 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 tiffs 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 I st reading the t dayot~ ,1996. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the /~day of~7_, 1996. Iv~Y6R L:\CTYDOCS\ORD\CASES\480-218.SF 1 Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-218.SFI Page 5 EXHIBIT "A" BEGINNING THENCE ~NCE THENCE THENCE THENCE at the Northwest corner of the herein described tract, said point being at the intersection of the South line of Florence Road and the East line of Pearson ~ane', said point being, by deed calls in the above referenced deed,,22.4 South and 21.7 feet East of the occupied Northwest corner of said Freshour Survey, and from Which said point a 5/8" iron at the Southwest corner of Vista Tratl~ Country Estates Addition to the City of Keller, as shown on a plat of record in Volume 388-98,~Page )6, Plat Records, Tarrant County, Texas, bears N. 15o 53' 36" E. 51.14 feet; N. 890 32' - 00" E. along the South line of sa'id Florence Road 1543.80 feet to a ¼" iron found in sa~e at the Northwest corner of -a tract described in a deed to Buddy J. Sutton of record-in Volume 5516, Page 328, Deed Records, Tarrant County, Texas; S. 0o 24' 04" E. 486.05 feet along the West line of the last referenced tract to a ½" pipe found in same at the Northeast corner of Vista Trail Addition to the City of Southlake, as shown on a plat of record in Volume 388-95, Page 3, Deed Records, TArrant County, Texas; S. 89o 53' 30" W. 856.50 feet along the North line of said Addition to a ½" iron found at t.h~ Nomthwes.t corner of same, said point being the Northeast corner ~f ~ot 1 of J. J. Freshour ~o. 521 Addit4on to the City of Southlake as shown..on a plat of record in Cabinet A, Slide 182§, Plat. Records, Tarrant County, .~e~as; S. 89o - 47' - Ol" W. along the North line of said Lot 1 and 'continuing 690.50 feet to the Southwest corner of the 'herein described tract in the East line of Pearson dane; N. 0o 01' 08" W. 477.67 feet along said East line to the POINT OF BEGINNING and containing 17.082 acres. L:\CTYDOCS\ORD\CASES\480-218.SF[ Page 6 Star-Telegrani FED. I.D. NO. 22-3148254 AD ORDER NO. 2654179 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS eunty 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: / TOTAL RATE AMOUNT DATE AD ORDER NO INCH/LINE ],0, �• M F,5 417 9 DESCRIPTION AD SIZE CITY OF SOUTHLAK I358 1x 74L 74 .66 48.84 CITY OF NO 480 2185 1 O/1 8-1❑/1 r A AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE. CITY OF GRANTING SOUTHLAKE, A ZONING CHANGE ON A CERTAIN F LAND WITH WACT ITHIN CITYOF R TRACTS OSOUTH- LAKE, TEXAS, BEING AP- PROXIMATELY 17.082 ACREOHNSJSIFRESHOUR SUR- VEY, TUATED ABSTACT NO.521,BE- ING TRACT 1, AND MORE FULLY AND COMPLETELY FROM AGRICULTURAL DESCRIBED BIT I - DISTRICT TO SF-IA" SIN- GLE FAMILY RESIDENTIAL SSPECIF C SREQUIREMENTS CONTAINED IN THIS ORDI- .4NCE; CORRECTING THE SI =FICIAL ZONING MAP;PRE- :RVING ALL OTHER POR- DNS OF THE ZONING OR- NANCE' DETERMINING THAT TIME PUBLIC INTER- SWORN TO BEFORE ME, THIS THE 22ND DAY OF OCTOBER a ZONI MORALS NGE GE AND rc AL WELFARE DEMAND THE ZONING CHANGES AND _ AMENDMENTS HEREIN -`ar MADE; PROVIDING THAT CS./ "�'a%4 RHONDA R. GOKE Notary Public ^�)--�'�--(�\--et�`f �' THIS ORDINANCE SHALL BE Pi --„+ CUMULATIVE OF ALL ORDI- ++ NANCES-PROVIDING A SEV- S` .' )`y COMMISSION EXPIRES ERABILITY CLAUSE PROVID- r i,^' /\ ING FOR PENALTY EREOF e''9,p••t 10+P' SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PROVIDING A SAVINGS`j "� 'P CLAUSE; PROVIDING FOR %'��•a •• PUBLICATION IN THE OFFI- CIAL PROVIDING AN PEFFECTIV- DE YOU! DATE. S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK Section 7.Any person,firm or I corporation who violates, TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT disobeys,to omits,complyygwiths or L� �J — refuses with or - who resists the enforcement of any of the provisions of .� A this ordinance shall be fined / I 1 K ) u- sandmore Dollars n Two($2 000.001 1,i_}.1J for each offense. Each day that a violation is permitted ra to exist shall constitute a sepate offense. APPROVED REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 THIS THE 15TH DAY OF OC- COU BY THE CITY COUNCIL OF THE CITY OF ACCOUNT C I T 5 7 AMOUNT 48.8 4 OF SOUTHLAKE,TEXAS. NUMBER DUE /s/Rick Stacy,Mayor ATTEST: . /s/Sandra L.LeGrand, City Secretary PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 APPROVED As TO FORM: /s/E.Allen Taylor,Jr., City Attorney CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 48.84 THIS AMOUNT , 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO 2571800 400 W.SEVENTH STREET•FORT WORTH.TEXAS 76102 ACCOUNT NO. C I T 5 7 —. 'E STATE OF TEXAS Jnty 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: DATE AD ORDER NO. I DESCRIPTION AD SIZE INTOTALNE RATE AMOUNT 10/04M ii 2571800 NOTICE OF PUBLIC I358 1x 81L 81 .66 53. 46 NOTICE OF Notice i Is hereby givenC A to aG I 10/0 4-10 4 • interested persons that the -- City Council of the City of Southlake, Texas, will be holding a public hearing on the following ordinance, on -.__-.—._._.. _ ..... October 15, 1996, during the regular City Council meeting which will begin at 6:63 p.m.m tSe City Council Chambers of City Hall 567 - - ----- North Carroll Avenue,South- lake,Texas. The public hearing will be held on ordinance: ..... _.. -.... _. CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-218 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COh PRE- — HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND S I G WITHIN THE CITY OF SOUTH- - LAKE, TEXAS, BEING AP- PROXIMATELY 17.082 Sl JOHNSJ.FRESHOURINSUR- SWORN TO BEFORE ME, THIS THE 9th DAY OF OCTOBER 1996 VEY, ABSTRACT NO. 521 10¢.-z. .� . ��,��� BEING TRACT 1,AND MORE rt-- FULLY AND COMPLETELY �p.CL-rf:`, DESCRIBED IN EXHIBIT "A" =a' `9f.4, RHONDA R. GOKE A Notary Public \�� � •'k_. 10. )EA?rt- FROM "AG" AGRICULTURAL �2. • COMMISSION EXPIRES DISTRICT TO "SH-UA" SIN- ,, GLE FAMILY RESIDENTIAL �,,f:. DISTRICT,PECIFIC SUBJECT REQUIREMENTSTO THE � 'PIg SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS SPECIFIC �?rF•...... y+- CONTAINED IN THIS ORDI- 4(„of NANCE; CORRECTING THE I OFFICIAL ZONING MAP;PRE- • SEVING ALL OTHER POR- DONS OF THE ZONING NOR, 1 THAT TI-1E PUBLIC INTER- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! EST, MORALS AND GENER- AL DEMAND THE ZONING CHANGES AND �TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT k AMENDMENTS HEREIN MADE, PROVIDING THAT I THIS ORDINANCE SHALL BE O AA \CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ERABILITY t SCLAUSE-PROVID- �/ ING FORA PENALTY FOR VI- OLATIONS HEREOF; PROVIDING A SAVINGS raiiiREMIT ii CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- TO: NO. 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CIAL NEWSPAPER• AND PROVIDING AN EFFECTIVE DATE. ACCOUNT CIT57 AMOUNT OUNT 53.46 Section 7.Any person,firm or NUMBER UE coporation who violates,dis- obeys,omits,neglects or re- fuses to comply with or who resists the enforcement of PAGE 1 0E1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars (52,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. City of Southlake /s/Sandra L.LeGrand, City Secretary • CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY hi, 53.46 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED