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480-223CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-223 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 23.7 ACRES SITUATED IN THE W. W. HALL SURVEY, ABSTRACT NO. 695, BEING TRACT 3F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "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 "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 perstm 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 L £'F~ DOCS ORD',£ASES~,480 223 20,\ Page I by the Cit3 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 thc thcilities 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 m 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 lbr a change since the tract or tracts of land were originally classified and therefore l~els that the respective changes in zoning classification for the tract or tracts of land are ncc&d, 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: i. CTYDOCSORD~CASES480 22320A Page 2 Being approximately 23.7 acres situated in the W.W. Hall Survey, Abstract No. 695, being Tract 3F, more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "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 cotm-nercial needs and development of the COlm-nunity. 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 cncouraging 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 or' 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; I (' FYDOCS',ORD\CASES 480 223 20A P:~ge 3 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 (i0) 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 ~996. ~~ ATTEST: PASSED AND APPROVED on the 2nd reading the __ day o~, 1997. ATTEST: L: ( TYDOCS',ORD\CASESx480 223 20A Page 4 APPROVED AS TO FORM AND LEGALITY: C ITY~AI~T'ORNEY DATE: z?-- z.]L .~ 7 ^DOPTED: ~ 7, ~q ~ 7 EFF~CTI,'~: ~/,~; ,q~ 7 L ("1 YDOCS\ORD\CASES/480.223 20A Page 5 EXHIBIT "A" BEGINNING at the southeast corner ali that certain tract conveyed to Hornet Lioo and Jla Her Hwong, Trustees by deed recorded in Volume 79.57, Page 294 D.R.I.C.T. and the souith- west corner of said Cross tract, the common corner being in the north right-of--way of F.M. Highway 1 709. Thence with o common line to said ~riao & Hwong tract and said Cross tract North 01 degree 10 minutes $6 seconds East ~.775.03 feet to o point on the south line of Lake Wood Acres Addition Phase II occorUing to the plot recorded in Volume 388-137. Plot Records of Torront County. Texas (PR~.C T.) and the common northeast corner of said Lioo & Hwong tract and northwest corner !of said Cross tract; Thence with o line common to said Lake Wood Acres Addition and said Cross Tract South 89 degrees 10 minutes 04 seconds East 523.65 feet to on iron pin for the southeast corner of said Lake Wood Acres Addition and the northeast corner of said Cross Tract. and in the west line of SouthView Phase I according to the plat recorded in Cabinet 'A', Slide #784. P.R.T C.T.; Thence with o line common to said SouthView - Phase I and said Cross Tract, South 01 degree 47 minute 47 seconds West 545.29 feet to an iron pin for Southwest corner of said SouthView Phase I and the Northwest corner of SouthView - Phase II according to [he plot recorded in binet 'A', Slide //1350, P.RT.C.7.: Thence with a line common to said SouthView Phase II and said Cross Tract South 0l degree 30 minutes 19 seconds West 509.76 feet to an iron pin for the southwest corner of said SouthView Phase [I and cnn ell corner of said Cross tract; Thence South 89 degrees 24 minutesI 17 seconds East 131.32 feet to the most easterly northeast corner of said Cross tract and the northwest corner of that 7.75 acre tract conveyed to Jimmy E. Perry by dee4J recorded in Volume 4-.343. Page 260. D.R.T.C.T.; lhence with o Nine common to said Cra s and said Perry tract South 00 degrees .59 minutes 02 seconds West, 874.40 feet to the southeast corner of said Cross tract on the north right-of-wa), line of F.M. Highway No. 1709. Thence with the north right-of-way Nc~rth 89 ~eg~eeS 59 minutes 13 seconds West 656.20'i feet to the Point of Beginning and c ntaining '~'O"~& 23 7'acres land. 1, \('TYDOCS\aRD\CASES\480-223 20A Page 6 EXHIBIT "B' [.:\CTYDOCS',OI{D CASES ,480 -_3 -OA Page 7 Star-Telegram FEU. I.U. NO. ZZ 3148254 AD ORDER NO. 10287263 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS runty 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. DESCRIPTION AD SIZE INCH TOTAL NTOTAL RATE AMOUNT 12/20ME 1028726J NOTICE OF PUBLIC I358 1x 84L 84 . 66 55 . 44 NOTICE OF 12/20-1 _1 20 PUBLIC HEARING y I NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of, Southlake, Texas, will be holding a public hearing dur • - ing the Regular City Council Meeting to be held on Janu- ary 7_1997 at 6:00 p.m.in!th : bers of the City City Hall,I 667 North -" __- Carroll Avenue, Southlake, Texas. Purpose of the hearing is to consider the secondg reading of the CITY OF SOUoTHLLAKE ORDINANCE NO.480-223 AN ORDINANCE AMENDING NO 480 AS ' AMENDED. THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS NG CHANGEGON AA CERTAIN TRACT OR TRACTS OF LAND WAKEN EXAS lBEINGF LEEGAL- SI APPROXCRIBED AS B239SWORN TO BEFORE ME, THIS THE 24th DAY OF DECEMBER 1996 ACRES SITUATED IN THE W.W. HALL SURVEY AB- STRACT NO. 695 BEING �rj.liY,n(.,, 1� �_ �f ,, TRACT 3F AND MITRE FDE- .• `°�.i RHONDA R. GOKE Notary Public 1\� .L FUL- LY AND OOMPLETELY DE %?:• + SCRIBED IN EXHIBIT A •1 fir, COMMISSION EXPIRES FROM "AG" AGRICULTURAL '+, DISTRICT FA TO "RESIDE SIN- r V '"� SEPTEMBER 1999 DISTRICT,,SUBJECT TO THE $ ,�'44.,:"' r 8, TARRANT COUNTY,TEXAS SPECIFIC REQUIREMENTS _ • CONTAINED IN THIS ORDI- - - NANCE; CORRECTING THE OFFICIALSV ALLOI OTHER POR- TIONS OF THE ZONING ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OR- DINANCE.; DETERMINING THAT THE INTER- EST, MORALS AND ER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---...AAND G • AL WELFARE DEMAND THE _ ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT /?!-'?-�-,,c- THIS ORDINANCE SHALL BE b,. ' CUMULATIVE OF ALL ORDI- •i�� �� r„y� LANCES PROVIDING A SEV-t CITY ,� ING FOR A PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVING REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CLAUSE; PROVIDING 'FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND ACCOUNT CI T 5 7 AMOUNT 55 . 44 PROVIDING AN EFFECTIVE NUMBER DUE DATE. SECTION 7. Any person, firm or corpora- tion who violates, disobeys, PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 omits, neglects, or refuses to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than two thousand dol• tars(S2 000.001 for each of- fense.Each day that a viola, I Lion is permitted to exisl shall constitute a separate offense. City of Southlake Sandra L.LeGrand_ ' SOUTHLAKE City Secretary 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 55 . 44 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 10371047 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C 1 T 5 7 filfSTATE OF TEXAS my 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. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 1/10ME 10371047 CITY OF SOUTHLAK 1358 1x 75L 75 . 6L 49 . 50 CITY OF 01/10-•01/10 SOUTHLAKE,TEXAS ORDINANCE NO.480-223 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF . SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN - TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LE- GALLLY DESCRIBED AS BE ING APPROXIMATELY 23.7 ACRES SITUATED IN THE I W.W. HALL SURVEY AB• TRACT 3F AND MOREFUL LY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A' FROM "AG" AGRICULTURAL STRICT TO "SF-20A" SIN E FAMILY RESIDENTIAL TRICT,SUBJECT TO THE ECIFIC REQUIREMENTS NTAINED IN THIS ORDI NAFICE; CORRECTING THE ICIAL ZONING MAP;PRE- 19 9 7 S OFF SERVING ALL OTHER POR-SWORN TO t3.Ztatkti,Igiala THE 14th DAY OF JANUARY TIONS OF THE ZONING OR- DINANCE; DETEPUBLIC MINING GENER- - , '�"THAT THE PUBLIC INTER- ti? P 1RHONDA R. GOKEtkEYUCIA- 10•EST, MORALS AND GENER- O:' �4 AL WELFARE DEMAND THE ;?' ,'' •�r� Notary Public ZONING CHANGES AND /• N" COMMISSION EXPIRES AMENDMENTS HEREIN r,,,s THIS MADE,' DIPROVIDI PROVIDING THAT E r4,t/...•/'*,s SEPTEMBER 8, 1999 CUMULATIVE OF ALL ORDI- ��`f`o` TARRANT COUNTY,TEXAS NANCESL PROVIDING A SEV- ING BFOR A PENALT`'FOR VI- OLATION HEREOF: PROVIDING A SAVINGS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER' AND PROVIDING AN EFFECTIVE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A DATE. _.._ Section 7.Any person,firm or corporation who violates, omits, neglects or refuses to comply with or who re- the enforcement of any Sorovisions of this ordi- shall be fined not Ethan Two Thousand Is 152,000.001 for aviolation offense.Each day that ram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 a is permitted to ex- ist shall constitute a sepa- rate offense. PASSED AND APPROVED BY ACCOUNT C I T 5 7 AMOUNT 49. 50 THE CITY COUNCIL OF THE NUMBER DUE CITY OF SOUTHLAKE THIS THE 7TH DAY OF JANUARY, 1997.Rick Stacy, Mayor of South- PAGE 1 Oa IF ANY QUESTIONS, PLEASE CALL(817)390-7885 lake Attest: Sandra L. LeGrand, City Secretary Approved as to form:E.Allen Taylor Jr.,City Attorney S CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE 1 TX 76092-9595 PLEASE PAY 49.50 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED