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480-234CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-234 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONTNG 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 0.773 ACRES SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING A PORTION OF TRACT 3, AND COMMON GREEN NO. 36, TIMARRON ADDITION, BRENWYCK PHASE II, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRiCULTURAL DISTRiCT AND "R-P.U.D." RESIDENTIAL PLANNED L~FN!T DEVELOPMENT DISTRICT TO "SF-30" 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 21l 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 L:xCTYDOCS ORD/CASES\480 234.WPD Page i 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 ~ngress 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 thc 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, fi~rther 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, W3IEREAS, 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 well'are 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 l 9th 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 a 0.773 acre tract of land situated in the Obediah W. Knight Survey, Abstract L:',(~I'y DOC S\ O RD\CAS ES\480-234 W PD Page 2 No. 899, being a portion of Tract 3, and Common Green No. 36, Timarron Addition, Brenwyck, Phase II, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District and "R- P.U.D." Residential Planned Unit Development District to "SF-30" 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, para~aphs, 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 o f 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: £YrYDOCS\ORD\CASES\480-234 WPD Page 3 Section 9. The City Secretary of the City of Somhlake 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 tf 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 (I0) 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 th< /'~ day of~,~J~ , 1997. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day of ~/~, 1997. L:\CTYDOCS\ORD\CASES\480-234 WPD Page 4 APPROVED AS TO FORM AND LEGALITY: ATTEST: CITY SECRETARY CITY ATTORNEY / L:\CTY DOCS\ORD\CASES\480-234 .WPD Page 5 EXHIBIT"A" BEGINNING THENCE THENCE THENCE THENCE .THENCE THENCE THENCE at the Southwest. corner of said Rucker tract, same being the Southeast corner of [ot 34, Block I2 of said Ttmarron Addition, Brenwyck, Phase 2, N. 0o-32'-07"W. ]57.03 feet along the West line of said Rucker tract to the Southeast corner of Common Green No. 36 above referenced; N. 65o-00'-41"W. 21,01 feet along the Southerly line of said Common Green No. 36 ~ the .Northwest corner of same in the Easterly llne of a cul-de- sac at the East end of Durham Court; Northerly.wJt~.the per~meter of said cul-de-sac. being a curve to the left having a radius of 50.00 feet., and whose long chord'bears N: 0o-05'-45'' W. 42.39 feet, a distance of 42.40 feet to a point in same for the Northwest corner of said Common Green No. 36; N. 64o-49'-08TM E. at 20.51 feet passing the Northeast corner of said Common Green No. 36 and continuing in all 85.5l feet to a point for corner; S. 37o-!8'-26"E. I85.20 feet to a point for corner; S. 0o-32'-07, E. 100.00 feet to a point in the North line of .Block 12, of Timarron Addition, Brenwyck, Phase I, as shown on a plat of record in cabinet A, Slide 1585, Plat Records, Tarrant County, Texas; N. 89o-06'-43" W. along said North line 170.00 feet to the POINT OF BEGINNING, and_conta~n}og 33651 square feet= 0.773 acres. L: \CTY DOCS\O RD\CAS ES\480 234.WPD Page 6 TRACT MAP FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10996378 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE 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: DATE AD ORDER NO. DESCRIPTION AD SIZE WTOTALCH RATE o AMOUNT 5/10MEI10996378 CITY OF SOUTHLAK I358 1x 82L 82 . 79 64 . 78 .II Y Oh SSOUTV ORDINANCEM(E TEEXAS $5/1$—f3 5—111 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS• GRANTING A ZONING 1 CHANGE ON A CERTAIN 1 TRACT OR TRACTS OF LAND ' WITHIN THE CITY OF SOUTH- LAKE, TEXAS BEING AP- I PROXIMATELY 0.773 ACRES I SITUATED IN THE OBEDIAH W. KNIGHT SURVEY AB- A PORTION OF TB99,RACT ' BEING3,AD COMMON GREEN NO.36,TI- YCKMARRPRENW- HASDEDII,I AN ND MO E FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO 'R-P.U.D." S I G RESIDENTIAL PLANNED UNIT DEVELOPMENT DIS- TRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL DIS- , Sl TRICT, SUBJECT TO THE ;WO�TO BED ME THIS THE 15th DAY OF MAY t�a9 SPECIFIC REQUIREMENTS 1 CONTAINED IN THIS ORDI- -tih. !•1 NANCE; CORRECTING THE ,;?t�' :::r RHONDAR. GOKE SER I G ALLING HER;PRE- f .. Notary Public k- SERVING ALL OTHER POR- '?`DINANE- THDETOERMINING ej ,,y-I lik SCOMMISSION EXPIRESTHAT TFIE PUBLIC INTER- 111`•••..F•;�,= SEPTEM4ER EST, MORALS AND GENER- f.,Q___� 8. 1999 TARRANT COUNTY,TEXAS AL WELFARE DEMAND THE '"®' s.4,. . ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE NNANNCESATPROvoNNAGA°SE- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ERABILITY CLAUSE PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF — � TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT i PROVIDING A SAVINGS` - PUBLICA PROVIDING FOR + PUBLICATION IN THE OFFI- CIAL NEWSPAPER' AND PROVIDING AN EFFECTIVE 6t9 DATE. Section 7.Any person,firm or tcorporation who violates, disobeys,omits,neglects or rram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 refuses to comply with or who resist the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- ACCOUNT AMOUNT sand Dollars ($2 000.00) for each offense. Each day NUMBER C I T 5 7 DUE 64 . 78 that a violation is permitted to exist shall constitute a separate offense. IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PASSED AND APPROVED, PAGE O THIS THE 6TH DAY OF MAY, 1 11 1997 DURING THE REGU- LAR CITY COUNCIL MEET- ING OF THE CITY OF SOUTH- LAKE TEXAS MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY1 SOUTHLAKE, TX 76092-9595 THIS AMOUNT 64 . 78 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I D. NO. 22 3148254 AD ORDER NO. 10881535 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS ;ounty 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 RATE AMOUNT INCH/LINE 4/19MQ 1088153 NOTICE OF PUBLIC I358 1x 87L 87 . 79 68. 73 NOTICE OF PUBLIC HEARING I 0 4/19-0 4/19 NOTICE IS HEREBY GIVEN to! all interested persons that f 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 May 6, 1997 at 6:00 p.m.in the City Council Chambers of the 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.480-234 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI-I NANCE OF THE CITY OF SOUTHLAKE, TEXAS;' RRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND SIG Q WITHIN THE CITY OF SOUTH- AP- PROXIMATELY 0.7773 ACRES SI W. KrNfGH" SURVEEBEDAB--SWORN TO BEFORE ME, THIS THE 23rd DAY OF H APRIL , 199 STRACT NO. 899 BEING A PORTION OF TRACT 3 AND COMMON GREEN NO.'36,TI- t n)',ply, MARRON ADDITION BRENW-i i' "BSI, RNONDA R. GOKE Notary Public1Q-IV- . YCK PHASE II, AND MORE ‘'S% - •%ll FULLY AND COMPLETELY - DESCRIBED IN EXHIBIT "A" -4- I'' COMMISSION EXPIRES FROM "AG" AGRICULTURAL r'- ��/� DISTRICT AND"R-PUD"RES- + SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS IDENTIAL PLANNED UNIT ,�w"" r DEVELOPMENT DISTRICT TO "SF-30" SINGLE FAMILY "yew.RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC` REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR-�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� BONS OF THE ZONING OR-- DINANCE' DETERMINING THAT THE PUBLIC INTER- EST, MORALS ANDOFFICE OF GENER- AL WELFAAREE DEMANDD THE THE ZONING CHANGES AND AMENDMENTS HEREIN CITY SECRETARY MADE PROVIDING THAT THIS IRDINANCE SHALL BEram CUMULATIVE OF ALL ORDI- NANCES_, REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SEV- NG FOR A PEABILITY NALTY FOR VI- OLATIONS HEREOF ACCOUNT AMOUNT PROVIDING A SAVINGS` C I T 5 7 68. 73 CLAUSE; PROVIDING FOR NUMBER DUE PUBLICATION IN THE OFFI- CIAL NEWSPAPER- AND PROVIDING AN EFFECTIVE DATE. PAGE 1 0fL IF ANY QUESTIONS, PLEASE CALL(817)390-7885 SECTION 7. Any person,firm,or corpora- tion who violates, disobeys, 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- lars(S2 000.00)for each of- fense.Each day that a viola- tion is permitted to exist shall constitute a separate F S O U T H L A K E offense. City of Southlake CARROLL AVE /s/Sandra L.LeGrand, City Secretary a,,,•,, ,._AKE, TX 76092-9595 1 PLEASE PAY 68.73 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED