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480-252CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -252 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 11.383 ACRES SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, BEING TRACTS IA, 1B, AND 1C, 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 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 L:\CTYDOCS\ORD\CASES\480-252.WPD Page 1 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 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: L:\CrYDOCS\ORD\CASES\480-252.WPD Page 2 Being approximately 11.383 acres situated in the Hiram Granberry Survey, Abstract No. 581, being Tracts IA, 1B, and 1C, 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 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; L:\CTYDOCS\ORD\CASES\480-252.WPD Page 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 (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 Lq-- day o , 1997. `\`\ � a auuu►�n�� u so u kylOR 1 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day o 49T ft&1997. Sou l A` i A ATTEST: CITY SECRETARY EFFECTIVE: 7 LACTYDOCS\ORD \CAS \480- 252.WPD Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASF-S\480-252.WPD Page 5 EXHIBIT "A" BEGINNING at a P.K. Nail found in Continental Boulevard for southwest corner of said Granberry Survey, and for the southwest comer of said Jackson tract, said pin also being the southeast corner of TIMBER LAKE PHASE 5, on Addition to the City of Southlake, according to the plat recorded in Cabinet A, Slide 2557, Plot Records, Tarrant County, Texas; THENCE North 00 degrees 44 minutes 31 seconds a distance of 416.25 feet along the east line of Timber Lake, Phase 5, to _a 1 /2" . iron pin set with cop marked, "AREA SURVEYING" for the northwest corner of said Jackson tract, and for the southwest corner of Lot 6, Block 2, PRINCETON PARK, on Addition to the City of Southloke, according to the plot recorded in Cabinet A Slide 1657, Plot Records, Tarrant County, Texas; THENCE North 89 degrees 51 minutes 15 seconds East a distance of 729.85 feet along the north line of said Jackson tract and along the north line of said Roach tract to a 3/4" iron pin found for the northeast corner of said Roach tract and for on angle point in the south line of Princeton Pork; THENCE South 89 degrees 16 minutes 26 seconds East a distance of 561.70 feet along the north line of said Trustees, E— Systems, Inc. Pool Trust tract to a 5/8" iron pin found with cop marked, "Carter Burgess" for the southeast corner of Lot 21, Block 1, of said Princeton Park, said pin being the most northerly northwest corner of a tract of land described in Right —Of —Way Dedication to The City of Southlake, recorded in Volume 10599, Page 1068, Deed Records, Tarrant County, Texas, said pin also lying in a curve, concave to the west, having a radius of 533.00 feet, and a long chourd which beors 308.61 feet, South 17 degrees 10 minutes 55 seconds West; THENCE Southerly along the west line of White Chapel Boulevard, along the west line of said City of Southloke tract and along said curve, passing through a central angle of 33 degrees 39 minutes 25 seconds, a distance of 313.10 feet to a 5/8" iron pin found with cop marked, "Carter & Burgess" at the end of said curve; THENCE South 33 degrees 57 minutes 57 seconds West o distance of 86.09 feet continuin along the west line of White Chapel Boulevard and along the west line of said City of Southlake tract to a 58" iron pin found with cap marked, "Carter Burgess" in the north line of Continental Boulevard; THENCE South 89 degrees 48 minutes 58 seconds West a distance of 425.92 feet along the north line of Continental Boulevard to a 5/8" iron pin found with cop marked, "Carter & Burgess" in the west line of said Trustees, E— Systems, Inc. Pool Trust tract for the most westerly northwest corner of said City of Southlake tract; THENCE South 00 degrees 32 minutes 21 seconds West a distance of 41.71 feet to the center of Continental Boulevard, to the most westerly southwest corner of said City of Southlake tract, to the southwest corner of said City of Southlake trot, to the southwest comer of said Trustees, E— Systems, Inc. Pool Trust tract and to the southeast comer of said Roach tract; THENCE South 89 degrees 52 minutes 16 seconds West a distance of 731.32 feet along the center of Continental Boulevard, oong the south line of said Roach tract and along the south line of said Jackson tract to the POINT OF BEGINNING, said described tract containing 11.383 acres of land. L:\CTYDOCS\ORD\CASES\480-252.WPD Page 6 EXHIBIT "B L: \CTYDOCS \ORD' Page 7 a I g:1 011 IN A 0VI t9 wd z .a s„ J J x i t D � a Y' y e « �S F CA9E9\480 -252. 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NO. 22-3148254 AD ORDER NO. 11639668 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS 4111Imy 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 9/05ME 11639664 CITY OF SOUTHLAK I358 lx 76L 76 . 79 60 . 04 CI1YO�XASLA NKE, 09/05-09/05 ORDINANCE NO.480-252 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS,' GRANTING A ZONIN ' CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING AP- PROXIMATELY 11.383 ACRES SITUATED IN THE HIRAM -GRANBERRY SUR- VEY, ABSTRACT NO. 581, BEING TRACTS 1A, 1B AND 1 C AND MORE FULL'/AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AG" AGRICULTURAL DISTRICT \ elO"SF-20A"SINGLE FAMILY SIDENTIAL DISTRICT EJECT TO THE SPECIFIC; IG OUIREMENTS CON- • -- - INED IN THIS ORDI- ANCE; CORRECTING THE MINA._ ALLN THER PRE- I5th SEPTEMBER I 7�-- - S SERVING ALL OTHER'POR- F THIS THE DAY O F TIONS OF THE ZONING ORDI- NANCE,' r. + DETERMINING • "-' + RHONDA R. COKE 4a,\A-)M6-0.- ��, THAT HE PUBLIC INTER- � b. •� EST, MORALS AND GENER- 1?:' '••rt+ ZONINGAL FACHANG CHANGES THE AND l•k i•y COMMISSION EXPIRES Notary Public AMENDMENTSDPO HEREIN +r'4.. �` SEPTEMBER 1999 MADE PROVIDING THAT +�r..,,,,.. `+ THIS ORDINANCE SHALL BE q`�'c��i- ' TARRANT COUNTY,TEXAS CUMULATIVE OF ALL ORDI- ERABILf1'Y C AUSE• PRAOVID- ING FOR A PENALTY FOR VI- OLATIONS PROVID PROVIDING A SAVINGS+ CLAUSE; PROVIDING FOR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PUBLICATION IN THE OFFI- VIDING ANSEFFECTIVE DATED. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- --A Section 7.Any person,firm or = -- corporation who violates, - disobeys,omits,neglects or refuses to comply with or who resist the enforcement g' of any of the provisions of Sthis ordinance shall be fined - -- •-,s not more than Two Thou- sand Dollars ($2 rain ;,�.y., ,, �„��f for each offense. e000.001 ach day REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 that a violation is permitted to exist shall constitute a separate offense. PASSED AND APPROVED ON ACCOUNT AMOUNT 2ND READING THIS THE NUMBER C I T 5 7 DUE 60 . 04 2ND DAY OF SEPTEMBER, 1997, DURING THE REGU- LAR CITY COUNCIL MEET- ING. PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 /s/Rick Stacy,Mayor ATTEST: /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: ./s/E.Allen Taylor,Jr., City Attorney illCITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 60 . 04 PLEASE WRITE IN AMOUNT ENCLOSED rtU. I.U. NU. LL-314tfLD4 Star-Telegram AD ORDER NO. 11562819 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS Ilkiity 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 8/22ME 1156281 NOTICE OF PUBLIC I358 1x 84L 84 . 79 66 . 36 -- NOTttCEOF 08/22-08/22 PUBLIC HEARING Notice is hereby given to all City Council of the that of Southlake, will be holding during, the Regular City i Council uSelptember meeting to 199 held 6:00 p.m.,in the City Coun- cil Chambers of City Hall, f 667 North Carroll Avenue, Southlake,Texas.Purpose of the hearing is con- -- sider the second reading of - -- - the followi g_orO�ance. SOUTHILAKE,TEXAS ORDINANCE NO.480-252 AORDIN NANCE CEO.A 480D1 AS • AMENDED, THE COMPRE- • HENSIVE ZONING ORDI- CE OF THE CITY OF UTHLAKE, TEXAS ANTING A ZONING r S HANGE ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGAL- S� Y DESCRIBED AS BEING RN TO BEFORE ME, THIS THE 27th DAY OF AUc;r1sT t 199� Le'f� APPROXIMATELY 11.38E 1' w�..c7�-o�- ACRES SITUATED IN THE ;��a�:P`��,r HIRAM GRANBERRYAN 58R- o:' G:4 RHONDA R. COKE Notary Public -i3A 1.�.1 VEY, ABSTRACT NO. 581 A%2� •.,ter, j -IP- BEING TRACTS 1A,1B AND Op.? T;.j „ , 1C AND MORE FULLY AND •ym• .1 uviv1MISSION EXPIRES COMPLETELY DESCRIBED r:•, .$ qqk•... ...'+F. SEPTEMBER 8 1999 TARRANT COUNTY.TEXAS r IN EXHIBIT "A" FROM A(r. �'F„P.S. -.-- AGRICULTURAL DISTRICT TO"SF-20A"SINGLE FAMILY — - RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC F TAIFIEDEMINNTTHIS CON- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- h—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----,► TIONS OF THE ZONING OR- DINANCE DETERMINING THAT THE PUBLIC INTER- WELFARE SDEMAND GENER- AL AND HE ZONING CHANGES AND AMDEDMPROV HEREIN \ MADE• PROVIDING THAT THIS ORDINANCE SHALL BE Iram CUMULATIVE OF ALL ORDI- NANCEST•Y PROVIDING SEV- REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVID- INGERABI FOR A PENALCLAUSETY FOR VI- OLATIONS HEREOF ACCOUNT AMOUNT PROVIDING A SAVINGS CLAUSE; PROVIDING FOR NUMBER C I T 5 7 DUE 66 . 36 PUBLICATION IN THE OFFI- CIAL NEWSPAPER• AND PROVIDING AN EFFECTIVE IF ANY QUESTIONS, PLEASE CALL(817)390-7885 DATE. PAGE 1 O 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 Thou- sand Dollars 152 000.001 for each offense. Each day that a violation is permitted to exist shall constitute a ill se aerate offense. s/Sandra L.LeGrand, ity Secretary ity of Southlake -. �lIY yr SOUTHLAKE 667 N CARROLL AVE PLEASE PAY ibb SOUTHLAKE, TX 76092-9595 THIS AMOUNT 66 . 36 PLEASE WRITE IN AMOUNT ENCLOSED