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480-227CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -227 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 1.004 ACRES SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING TRACT 1135C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT 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 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 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 L:\CTYDOCS\ORD\CASES\480-227.SFI Page 1 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: Being approximately 1.004 acres situated in the Larkin H. Chivers Survey, Abstract No. 300, Tract 1135C, and more fully and completely described in Exhibit "A" L:\CTYDOCS\ORD\CASES\480-227.SF1 Page 2 attached 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 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 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\480-227.SF1 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 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 of Al to I AIA J, 1997. U-- 7 ...fAInunub.- MAY R G� ATTEST: �vx� C Y SECRETARY PASSED AND APPROVED on the 2nd reading the 4 day o 9 1997. Ed I. �i' 5 � L:\CTYDOCS\ORD\CASES\480-227.SFI Page 4 ATTEST: ITY SECRETARY EFFECTIVE: L ANA q APPROVED AS TO FORM AND LEGALITY: lw 1044jel— — CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-227.SFI Page 5 EXHIBIT "A" COMMENCING AT A FOUND 5/8 INCH IRON ROD LYING IN THE CURRENT SOUTH RIGHT OF WAY OF EAST DOVE ROAD AT THE NORTHWEST CORNER OR 'ME SAID 7.17 ACRE TRACT, SAID POINT ALSO BEING THE NORTHEAST CORNER OF TRACT II, A CALLED 2.575 ACRE TRACT OF LAND CONVEYED TO JOANNE POKLADNIK IN A DEED RECORDED IN VOLUME 12408, PAGE 0177, D.RT.C.T., FROM WHICH A FOUND %2 INCH IRON ROD BEARS NORTH 89 DEGREES 21 MINUTES 17 SECONDS WEST, 199.93 FEET; THENCE SOUTH 01 DEGREES 08 MINUTES 34 SECONDS WEST, 12.74 FEET TO A 5/8" IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE PROPOSED SOUTH RIGHT OF WAY OF EAST DOVE ROAD. THENCE NORTH 89 DEGREES 10 MINUTES 53 SECONDS EAST, THROUGH THE SAID 7.17 ACRE TRACT AND ALONG THE PROPOSED SOUTH RIGHT OF LINE OF EAST DOVE ROAD, SAID LINE BEING PARALLEL TO AND 42 FOOT SOUTH OF THE EXISTING CENTERLINE OF DOVE ROAD, A DISTANCE OF 263.55 FEET TO A 5/8 INCH IRON ROD SET IN CONCRETE, SAID POINT LYING ON THE EAST LINE OF THE SAID 7.17 ACRE TRACT. THENCE, SOUTH 02 DEGREES 16 MINUTES 55 SECONDS WEST, ALONG THE EAST LINE OF THE SAID 7.17 ACRE TRACT, PASSING A FOUND 3/8 INCH IRON ROD AT 1.61 FEET, BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF STEWARD ADDITION, AN ADDITION TO THE CITY OF SOUTILAKE AS RECORDED IN VOLUME 388 -159, PAGE 40 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; PASSING A 5/8 INCH IRON ROD FOUND AT 193.35 FEET, AND PASSING A 5/8 INCH IRON ROD FOUND AT 394.0 1, IN ALL A TOTAL DISTANCE OF 838.18 FEET TO A. 5/8 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 3, BLOCK 1 OF SAID STEWARD ADDITION AND BEING THE NORTHWEST CORNER OF THE CALLED 1.0 ACRE TRACT AND BEING THE POINT OF BEGINNING. THENCE NORTH 88 DEGREES 32 MINUTES 34 SECONDS EAST, ALONG THE COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND BLOCK 1 OF SAID STEWARD ADDITION, A DISTANCE OF 206.98 FEET TO A'' /z INCH IRON ROD FOUND L:\CTYDOCS\ORD\CASES\480-227.SFI Page 6 i ON AN EAST LINE OF THE SAID 1.0 ACRE TRACT AND A WEST LINE OF LOT- 2, BLOCK 1, OF VANN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AS RECORDED IN VOLUME 388 -159, PAGE 39 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS, FROM WHICH A %2 IRON ROD WAS FOUND BEARING SOUTH 89 DEGREES 29 MINUTES 34 SECONDS EAST, 21.09 FEET BEING THE SOUTHERLY SOUTHEAST CORNER OF BLOCK 1 OF SAID STEWARD ADDITION. THENCE SOUTH 01 DEGREES 21 MINUTES 20 SECONDS WEST, ALONG THE COMMON LINE BETWEEN THE SAID 1.0 ACRE TRACT AND LOT 2, BLOCK 1 OF SAID VANN ADDITION, A DISTANCE OF 209.00 FEET TO A 5/8 INCH IRON ROD SET AT THE SOUTHEAST CORNER OF THE SAID 1.0 ACRE TRACT AND THE NORTHEAST CORNER OF A 4.89 REMAINDER OF A CALLED 5.884 ACRE TRACT OF LAND CONVEYED TO SONJA CALLICOTT IN A DEED RECORDED IN VOLUME 9345, PAGE 0680, D.R.T.C.T. THENCE NORTH 88 DEGREES 49 MINUTES 17 SECONDS WEST , ALONG THE COMMON LINE BETWEEN THE SAID 7.17 ACRE AND THE 4.89 ACRE TRACTS, A DISTANCE OF 210.38 FEET TO A POINT FOR A CORNER. THENCE NORTH 02 DEGREES 16 MINUTES 55 SECONDS EAST, THROUGH THE SAID 7.17 ACRE TRACT ALONG THE WEST LINE OF THE CALLED 1.0 ACRE TRACT, A DISTANCE OF 210.04 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.004 ACRES OR 43,720 SQUARE FEET OF LAND, MORE OR LESS. L:\CTYDOCS\ORD\CASES\480-227.SFI Page 7 i iii , , „ i SIArtlY A -rtorc I "'^ . i ... 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C I T 5 7 THE STATE OF TEXAS County 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 RATE AMOUNT NCH/LINE 2/07ME 10505354 CITY OF SOUTHLAK I358 1x 74L 74 . 66 48 . 84 CITY OF SOUTHLAKE,TEXAS , 0 2/0 7-0 2/0 7 ORDINANCE NO.480-227 , AN ORDINANCE AMENDING AMENDED, AS ORDINANCE HOE CO. 1 0viPRE- 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 AP- PROXIMATELY 1.004 ACRES I SITUATED IN THE LARKIN H. CHIVERS SURVEY, AB- STRACT NO. 300 BEING TRACT 1B5C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" - -- -FROM "AG" AGRICULTURAL DISTRICT TO SF-1A" SIN- , GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- J NANCE; CORRECTING THE , OFFICIAL ZONING MAP;PRE- ' SERVING OF THEOZONINGR POR- 10tt-] FEBRUARY 997 R- C DINANCE' DETERMINING SWORN TO BEFORE ME, THIS THE DAY OF THAT THE PUBLIC INTER- , EST, MORALS AND GENER- AL WELFARE DEMAND THE .�•� ZONING CHANGES AND '--Vsso �4 Notary Public4\)• AMENDMENTS HEREIN R' ''��14, RHONDA R. GOKE MADE; PROVIDING THAT f1: ..': THIS IV OF SHALL BE Vi i•i COMMISSION EXPIRES CUMULATIVE VI ALL SEV •- NA ERABILITY A YID- r.1'"• •iv; SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS ERABILITY CLAUSE; FOR VI- - , • ING FOR A PENALTY FOR VI- a h~,Fho +� ' PROVIDING A SAVINGS° CLAUSE; PROVIDING FOR PCIABLLICATION IN NEWSPAPERE AND S ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PROVIDING AN EFFECTIVE DATE. Section 7.Any person,firm or.A------TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� 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- C notn more than Two 0,00) sand Dollars is permitted 1 rani y for each offense. Each day that a violation is prmitte REMIT TO: 400 W.SEVENTH ST. •FORT WORTH.TEXAS 76102 K. to exist shall constitute a PASSEDEgig te AND APPROVED IN SECOND READING DUPING ACCOUNT C I T 5 7 AMOUNT 4 8 • 84 THE CITY COUNCIL MF"T- NUMBER DUE ING HELD ON FEBRUARY 4, 1997 A Stacy,Mayor PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: T: /s/Sandra L.LbGrand, City Secretary 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 , PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID. NO. 22 3148254 AD ORDER NO. 10435360 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 fitSTATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMTF RRYANT 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: AL DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTLINE RATE AMOUNT 1/24M 10435360 NOTICEI OF PUBLIC I358 ' 1x 80L 80 .66 52 . 80 NOTICE IISSFHEREBY GIVEN toU.ILL 4-0 1/2 4 • all interested persons that the City Council of the City of • Southlake, Texas, will be holding a public hearing dur- ing the Regular City Coi;ncil Meeting to be held on Feuru- ary 4,.1997,at 6:00 p.m.in the ity Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake, Tex- as. -- Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-227 AN ORDINANCE AMENDING I ORDINANCE NO. 480 AS AMENDED, THE CONIPRE ENSIVE ZONING ORDI-' NCE OF THE CITY OF UTHLAKE, TEXAS ANTING A ZONING S I ANGE ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- S PROXIMATELY 1.004 CRESDWORN TO BEFORE ME, THIS THE 27th DAY OF JANUARY SITUATED IN THE LARKIN ti. CHIVERS SURVEY, AB- p,�,�, L, STRACT NO. 300 BEING -a���q TRACT 165C, AND MOREt�"""�'o�lr, RHONDA R. GOKE NotaryPublic FULLY AND COMPLETELY 0.j.k.jz.y‘A....t.L. \41-.—y:lark.k. DESCRIBED IN EXHIBIT "A" �'2` `.�fi FROM "AG" AGRICULTURAL 0?•' "� COMMISSION EXPIRES DISTRICT TO "SF-lA" SIN- 4,nt 11 GLE FAMILY RESIDENTIAL �j9'-, }P� SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS DISTRICT,SUBJECT TO THE $ �,�,p`\a"%_ SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- ••••••••'r►wr-•.%v1-vf.-ee1ib. NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- --lEORC OF THE ZONING OR- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DINANCE; DETERMINING THATTHE PUBLIC LATER- EST,,MORALS AND GENER- ._TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----4,— AL WELFARE DEMAND THE -- - - - - - — ZONING CHANGES AND • AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI-1 S NANCES PROVIDING A SEV- ERABILITY CLAUSE PROVID- ING FOR A PENALTY FOR VI ;ram - OLATIONS HEREOF REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS i CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER AND ACCOUNT AMOUNT PROVIDING AN EFFECTIVE NUMBER C I T 5 7 DUE 52 . 80 DATE. Section 7.Any person,firm or - - -corporation who violates, disobeys,omits,neglects or IF ANY QUESTIONS, PLEASE CALL(817)390-7885 refuses to comply with or I PAGE 1 OF1 who resists the enforcement i of any of the provisions of i this ordinance shall be fined not more than Two Thou- li sand Dollars ($2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake /s/Sandra L.LeGrand, itv Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE 1 SOUTHLAKE , TX 76092-9595 PLEASE PAY , 52 . 80 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED