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480-237CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-237 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUITHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 5.8438 ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 8 I, BEING TRACT 1 C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SAVE AND EXCEPT APPROXIMATELY 0.742 ACRE PARCEL LOCATED ON THE NORTH SIDE OF SAID TRACT 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, MOPoXLS AND GENERAL WELFARE DEMAND THE ZONING CIIANGES AND AMENDMENTS HEREIN MADE; PROVIDING TtfAT 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 PUBLICAlYION 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 Go,,ernment Code; and. WHEREAS, pursuant to Chapter 21 l 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 X~'HEREAS. a change in thc zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and I. CTYDOCS~ ORD~C \SESX480-237A WPD Page i WHEREAS, the City Council of the City of Southlake, Texas, at a public heating called by thc City Council did consider the t'ollowing/'actors 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 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 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 tmreasonably 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. WI IEREAS. the City Council of the City of $outhlake, 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 necessit5 and need tbr the changes in zoning and has also found and determined that there has been a chaoge in the conditions of the property surrounding and in close proximity to the tra~ct or tracts of land requested rbr a change since the tract or tracts of land ~vere 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 iF ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOl TtlLAKE, [EXAS: Section 1. [-hat Ordinance No. 480, the Comprehensive Zoning Ordinance of the City Southlake. Texas. passed on the 19th day' of September. 1989, as originally adopted and amended, [. CFYDOCS\ORD\CASES'480 237A WP[) Page 2 is hereby mnended so that the permitted uses in the hereinafter described areas be altered, changed and anrended as shown and described below: P, eing a 5.8438 acre tract of land situated in the J.G. Allen Survey, Abstract No. 81, being Tract lC, and more tully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1A" Single Family Residential District. save and except approximately 0.742 acre parcel located on the north side of said tract to "SF-30" 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 su'2ject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances/'or the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, w'ords, 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 v, elfare 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, ~ater. se~xerage, drainage and surface water, parks and other commercial needs and development of the community. Fhey have been made after a tull 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 provisinns 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 seYerable 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 thc balance of said tract or tracts of land described herein. Section 7 Any' person, firm or corporation who ¥iolates, disobeys, omits, neglects or refnses to comply with or ;,~ho resists the entbrcement of any of the provisions of this ordinance shall be fined not more than Two Fhousand Dollars ($2,000.00) lbr each offense. Each day that a violation is permitted to exist shall constitute a separate offense. L ~CTY DOC q ORD',C .\SES 480-237A WPD Section 8. All rights and remedies of the Ci~ of Southlake are expressly saved as to any and all violations of the pro,,isions of Ordinance No. 480, as amended, or any other ordinances affecting zoning ~hich 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 Secreta~ 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 penalff, fine or fbrf~:iture 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 I0. publication as required by' law'. and it is so ordained. This ordinance shall be in full force and effect from and after its passage and PASSED AND APPROVED on the 1st reading the__ day of ~ ,1997. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~,0 day of~ MAY6R ,1997. L:/CTY DOCS\ORD/CASES~480 237A WPD Page 4 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS ORD\CASES\480-237A.WPD Page 5 EXHIBIT "A" "SF- 1A" Single Family Residential District zoning request: Approximately' 5.070 acres, noted as Lots 2 - 5. Block 1, Harrell Place Addition, on the Concept Plan attached hereto and incorporated as Exhibit "B". CON~[ENCING at a 1/2" iron rod set, said iron rod being the northeast comer ora 1.0 acre tract of land conveyed to John Wayne Oldham according to the deed recorded in Volume l 1355, Page 217, Deed Records, Tarrant County, Texas, said iron rod being on the southerly right-of-way line of Johnson Road (County Road 4091); THENCE S 00°00'51" E along the northerly line of said Oidham 1.0 acre tract 296.t0' to the Point of BEGIN~'N~ING; THENCE N 00°00'00'' E a distance of 11383 feet to a point on the easterly line of said Oldham Tract II, said point being on the westerly right-of-way line of Harrell Drive; THENCE S 00°00'00'' E along said westerly right-of-way line of Harrell Drive a distance of 993 23 feet to 1" iron rod found, said iron rod being the northeast comer of Lot 4, Block I Cimmarron Acres according tot he plat recorded in Volume 388-181, Page 8, Plat Records, Tarrant County, Texas; TF[ENCE S 89°36'24TM W along the northerly line of said Lot 4, Block 1 Cimmarron Acres a distance of 228 35 feet to a 1" iron rod found; THENCE, N 00°00' 18" W, along the east line of tracts of land conveyed to James R. White according to the deed recorded in Volume 7254, Page 1282, D.R.T.C.T., Bertram Poulin according to the deed recorded in Volume 6180, Page 432, D R.T.C.T., Thomas Van Fleet according to the deed recorded in Volume 12091, Page 1675, D R.T.CT., and Cullen F. Calame according to the deed recorded in Volume 1174!, Page 1398, 529.16 feet to a 3/4" iron rod found for comer; THENCE, N 00=00'3 l" E, along the east line ora tract of land conveyed to Jerry Wayne O'Dell according to the deed recorded in Volume 8886, Page 829, 131.63 feet to a 3/4" iron rod found for corner; THENCE, N 00°01 '37" W, along the east line of Lot 1, Pearson Lane Addition according to the plat recorded in Volume 388-170, Page 22, P.R.T CT, 100.01 feet to a 3/4" iron rod found for corner, said iron rod also being the southwesterly corner of said Oldham 1.0 acre tract; L CFhDOCS ()RD C~\SES 480 2¢ THENCE N 89059'09TM E along the southerly line of said Olham 1.0 acre tract a distance of 114.60 feet to a 1/2" iron rod found, said iron rod being the southeasterly comer of said Oldham 1.0 acre tract; TI~[ENCE N 00°00'51'' W along the easterly line of said Oldham 1.0 acre tract a distance of 53.87 feet to the Point of BEGINNING and containing 5.070 acres (220,840 SF) of land, more of less. L: CTYDOCS~ORD\CASES\480-237 ~..WPD Page "SF-30" Single Family Residential District zoning request: Approximatel? 0.742 acres, noted as Lot 1, Block l, Harrell Place Addition, on the Concept Plan attached hereto and incorporated as Exhibit "B". BEGINNING at a 1/2" iron rod set, said iron rod being the northeast comer ora 1.0 acre tract of land conveyed to John Wayne Oldham according to the deed recorded in Volume 11355, Page 217, Deed Records, Tan-ant County, Texas, said iron rod being on the southerly right-of-way line of Johnson Road (County Road 4091); THENCE S 89o59'53TM E along the northerly right-of-line of said Johnson Road a distance of 113 91 feet to a 3/4" iron rod found, said iron rod being on the westerly right-of-way line of Harrell Drive; THENCE S 00°00'00TM E along said westerly right-of-way line of Harrell Drive a distance of 291.28 feet to point; THENCE N 90o00'00TM W a distance of 113.83 feet to a point, said point being on the easterly line ora 1.0 acre tract of land conveyed to John Wayne Oldham according to the deed recorded in Volume 11355, Page 217, Deed Records, Tarrant County, Texas; THENCE N 00°00'51" W along the easterly line of said Oldham 1.0 acre tract a distance of 291.28 feet to the Point of BEGfNNING and containing 0742 acres (32,335 SF) of land, more of less L CT'~DOCS\ORD CASES4$0 237A WPD Page 8 ~r Lg, CTYDOCS\ORDXCASES/'480-237A WPD < ~ FED I.D. O. 22 3148254 Star-Telegram AD ORDER NO. 11068402 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 'STATOF TEXAS E ty 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 5/23ME 11068402 CITY OF SOUTHLAK I358 1x 81L 81 . 79 63 . 99 li CITY OF SOUTHLAKE,TEXAS 0 5/2 3-0 5/2 3 - - ORDINANCE NO.480-237 AORDING AONNCE NO.A 480NCE DI 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 LATHIOF STH- KE,TEXAS,TY BEINGAP- PROXIMATELY .5.$438 ACRES SITUATED IN THE - - --- - - - - - --- - - - J.G. ALLEN SURVEY,y•�AB- STRACT NO. 81 t3LING TRACT 1C AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT" "A" ilOTRICTGTO AG SF-1A"TURAL S N- FAMILY RESIDENTIAL RICT, SAVE AND EX- T APPROXIMATELY 42 ACRE PARCEL LO CATED ON THE NORTH SIDE OF SAID TRACT TO"SF-30" SINGLE FAMILY RESIDEN- �AI SI THEDISPECFICUREECUIRE- WO FQR ME, THIS THE 27th DAY OF MAY 19 MENTS CONTAINED IN THIS -' ORDINANCE; CORRECTING r=jtr"''?-4'I f; THE OFFICIAL ZONING MAP' d�. -` ., i,:HOhDA R. GOKE v 1 PRESERVING ALL OTHER ,,: Notary Public 'V��a,� -f-)0 PORTIONS OF THE ZONING $i .:•4 COMMISS,ON EXPIRES ORDINANCE; DETERMINING �i� VIA EXPIRES THAT THE PUBLIC INTER- q7� :+f EST, MORALS AND GENER- 1 y:F o�;t= SEPTEMBER 8 1999 RAL WELFARE DEMAND THE .. • TARRANT COUNTY,TEXAS ZONING CHANGES AND I AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES.PROM I PA SEX- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONS HEREOF ' TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT PROVIDING A SAVINGS �\ CLAUSE; PROVIDING FOR -- ------- ---- PUBLICATION IN THE OFFI- CIAL ND ROVIDING AN PEFFECTIVEE DATE. Section 7.Any person,firm or tcorporation who violates, ube omits, ygwits or rai .iREMIT refuses to complyf with or I who of resists theeprnovisionseof TO: 11111 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 this ordinance shall be fined not more than Two Thou- sand Dollars (S2 000.00) ACCOUNT AMOUNT for each offense. Each day NUMBER C I T 5 7 DUE 6 3 . 99 tha a violation is permitted to exist shall constitute a separate offense. PASISEDTHEND2 APPROVED EOD PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 MAY, 1997 DURING THE REGULAR MEETING OF I THE CITY OTY F SOUTHLAKE,TEXAS. ATTEST: /s/RickStacy,Mayor /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: •s/E.Allen Taylor,Jr., tY Attorney _. CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED FED. I D. NO. 22-3148254 Star-Telegram AD ORDER NO. 10996364 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 5/10MEi_10996364 NOTICE OF PUBLIC I358 1x 83L 83 . 79 65 . 57 -- PUBLIC HYING 0 5/10-0 5/10 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 May 20, 1997 at 6:00 p.m. in the City 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 foIIC�ITYg Ordinance: SOUTHLAKE TEXAS ORDINANCE NO.480-237 AN ORDINANCE AMENDING I ORDINANCE NO. 480 AS AMENDED THE COAIIPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; SI GRANTING A ZONING CHANGE ON A CERTAIN I F LAND WITHINT OTHE R CITYTOFOSOUTH- Sl LAKE, TEXAS BEING AP-)\I�0B_., .,, IS THE 15th DAY OF MAY 1997 PROXIMATELY 5.8438 ^MY r 'I ACRES SITUATED IN THE I y" `�.,', RHONDA R. GOKE J.G. SURVEY AB- STRACT NO. 81 BEING Notary Public • TRACT 1C AND MORE FUL- / j• COMMISSION EXPIRES LY AND COMPLETELY DE-I P/r+•. ," ,. FROMEAGINAGRICULTURAL $ �4��� r:F,�4 , 'I Ir�''`'GR 8, 1999 DISTRICT TO "SF-30" SIN-I y.e :',;;"� . TARRANT COUNTY,TEXAS GLE FAMILY RESIDENTIAL DISTRICT,SPE C CIF SREQUIREMENTS UBJECT TO THE I CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIALERIN ALLI OTHER`POR- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TIONS OF THE ZONING OR- DINANCE; DETERMINING THAT THE PUBLIC INTER- —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A -_ EST, MORALS AND GENER- —--- -- - AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN ktv MADE; PROVIDING THAT al THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES'PROVIDING A SEV- sli . ITY CLAUS PROVID- raii.i ING E ING FOR A PENALTY FOR VI- OLATIONS HEREOF REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS t CLAUSE; PROVIDING FOR PUBLICATION iN THE OFFI- CIAL ER, AND ACCOUNT AMOUNT PROVIDING AN PEFFECTIVE NUMBER C I T 5 7 DUE 6 5 . 57 DATE. Section 7.Any person,firm or corporation who violates, IF ANY QUESTIONS, PLEASE CALL(817)390-7885 disobeys,omits,neglects or PAGE 1 01 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- sand Dollars (52 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY1 SOUTHLAKE , TX 76092-9595 THIS AMOUNT 65 . 57 PLEASE WRITE IN AMOUNT ENCLOSED