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480-254CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-254 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 3.99 ACRES SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING TRACT 2B1 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. 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 by the City Council did consider the following factors in making a determination as to whether these L:\CTYDOCS\ORD\CASES\480-254.WPD Page 1 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:\CTYDOCS\ORD\CASES\480-254.WPD Page 2 Being approximately 3.99 acres situated in the O.W. Knight Survey, Abstract No. 899, and being Tract 2B 1 and more fully and completely described in Exhibit "A" 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 L:\CTYDOCS\ORD\CASES\480-254.WPD Page 3 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 1 st reading the 0�— day of , 1997. F � OrSO & / A OR ''•:sx '; ATTEST: M ,A-H� CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ��/ day of A wme) 997. MAYOR L:\CTYDOCS\ORD\CASES\480-254.WPD Page 4 ATTEST: .Z&& � U44� _ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-254.WPD Page 5 EXHIBIT "A" OWNER CERTffICwTION WfMkEAS. L Sandra K. Talky. am the owe ofa 4 am tract oft d in the O. W. KNKIHT XMVEY. Abstract Na: 299. Tarrant County. Teams according to the deed recorded in Volume 6422, Pap 927 ofdw Deed Records ofTamd County. Tatum. acid tad of load being more Pad+oal+rly deaaib , by inmates and bowads as follow: BEODMING at the northeast cane of said 4 sae tad, acid oaruer abe tieing the tortlreieet comer of Lot 1, Block A of SUN SQUARE ADDI7MON, to the City of SoeWdAc aooadis:< to the plat reoori I in Voume 322- 212. Tate 42. Pfd Roc rds. Tarrant County. Tun mod also being in the south tine of Lot 3 of SPRING CREEK ACRES. b the City of Sm&jAe a000rding to the plat r do in Voiums 322- 202. Page 74. Plat Rewords. Tarrant Catty. Teams; THENCE South OO degreey 29 marts I2 se000ds West along the west line afraid Lot 1, Bk& A of SUN SQUARE ADDITION a distmooc of 446.32 feet to a 518 inch roan rod ad for a oerna in the new north right of way line of Lilac Lam mod contaaing in an a distance of476.32 tees to a point in the oeoterline of Lilac lam; THENCE North 29 degQeea 22 moutm 17 seoeods Weal a distance a(365.13 feat along said centerline to a point d the isasecxioo of said omtariine with the aatedine of Pine Drive; THENCE North 00 1, V P Pa 19 mina es 27 encode East a dimmeos a(473.64 feat to a paint for a oorow.. THENCE South 29 degrees 42 minutes 25 mocods East passing at 27.62 6xt a 512 iota irm met in the new sad eight otway line of Pine Drive and continuing in all a distance of 292.62 fed to a SR imb km rod farad in the south line of acid lot 3 a(SPRING CREEK ACRES; THENCE North g9 degrees 52 moastes 15 n000ds East a distance of 73.12 feet to 69 POINT OF BEOR04ING and containing 173. 763.1 square fed of Lad more or kin 6f which 21,953.02 aqumm fxt lie within the right of way of Pine Drive mod Lilac Line L:\CTYDOCS\ORD\CASES\480-254.WPD Pa .-e 6 Star-Telegram rtU I.U. NU. LL 3l4tSLb4 AD ORDER NO. 11722301 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 STATE OF TEXAS 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 INAL CHTLINE RATE AMOUNT 9/19ME 1172230 CITY OF SOUTHLAK I358 lx 75L 75 . 79 59 . 25 CITY OF B LAKE, $9/19_ /i 9 ORDINANCE NO.480-254 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED THE CONIPRE- -- ....- -- 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 3.99 ACRES _-_.-__. SITUATED IN THE O.W. -�--_-- K SURVEY ABSTRACT NO.899,AND BEING TRACT INIGHT B1 AND MORE FULLY AND OMPLETELY DESCRIBED N EXHIBIT "A" FROM "AG" GRICULTURAL DISTRICT O "SF-1A" SINGLE FAMIL; RESIDENTIAL DISTRICT, UBJECT TO THE SPECIFIC EBpINEDEMN TTHIS ORDI- SIG ANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR-. 25th SEPTEMBER 1997 S TIONSOFTHEZONINGDRDI-)WORN TO BEFORE ME, THIS THE DAY OF , NANCE, DETERMINING THAT tHE PUBLIC INTER- ,�-%.-u•a,./..•xs•- ani. EST, MORALS AND GENER- ALWELFARE DEMAND THE P••••••N r ZONING CHANGES AND ro. ••°r:'% RHONDA R. GOKE Notary Public 10.-KASIV8-4X. HIQ. -Re,--)e/.._. AMENDMENTS HEREIN #:? MADE' PROVIDING THAT I . ."% COMMISSION EXPIRES # THIS ORDINANCE SHALL BE yam.. ;Np CUMULATIVE OF ALL ORDI- •r, SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS NANCES-PROVIDING A SEV- 4s`F\�E +' , ERABILITY CLAUSE•PROVID- ING FOR A PENALTY FOR VI- �gi,4.v► v+. OLATIONS HEREOF- PROVIDING A SAVINGS CLAUSE;BLICATIONOINDTHE ING OFFOFII-- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 'AND PRO- VIDING AN NEWEFFECTIVE DATE. Section 7.Any person,firm or 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 resist the enforcement of any of the provisions of this ordinance shall be fined tnot more than Two Thou- OFFICE OF sand Dollars (52 Thou- , th each offense. each ded��am , that a violation is permitted CITY SECRETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a separate offense. PASSED AND APPROVED ON 2ND READING THIS THE ACCOUNT AMOUNT 16TH DAY OF SEPTEMBER, 1997, DURING THE REGU- NUMBER C I T 5 7 DUE 59 . 25 LAR CITY COUNCIL MEET- ING.• /s/Rrck Stacy,Mayor IF ANY QUESTIONS, PLEASE CALL(817)390-7885 PAGE ATTEST: 1 01 ,/s/Sandra L.LeGrand, 'City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., i City Attorney _ 4111 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 rTHISAMOUNT 59 . 25 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NU 22 314t3L54 AD ORDER NO. 11639673 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 E STATE OF TEXAS 4iimy 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 INCH/LINE , 9/05ME 1163967; NOTICE OF PUBLIC I358 1x 80L 80 . 79 63 . 20 NOTICE OF �9/❑5�-Q9/.�.Jr'-.... " PUBLIC HEARING Notice is hereby given to all in- terested person that the City Council of the Cityy of South- lake, will be holding during .— the Regular City Council• meeting to be held on Sep- tember 16 1997 at 6:00 p.m., in the . ne City Council Chambers of City Hall 667. North Carroll Avenue,South- lake,Texas. Purpose of the hearing is con- _-__.__ sider the second reading of the followi g ordOFance. artSOUTHLAKE,TEXAS ORDINANCE NO.480-254 AN ORDINANCE AMENDING ORDNANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORD1- • NANCE OF THE CITY OF UTHLAKE, TEXAS' NTING A ZONING SIG NGE ON A CERTAIN T OR TRACTS OF LAND HIN THE CITY OF SOUTH E, TEXAS, BEING AP- PROXIMATELY 3.99 ACRES , THIS THE 15th DAY OF SEPTEMBER 19 7 SITUATED IN THE O.W. CRY P%. /� KNIGHT SURVEY ABSTRACT riP•••..--41 RHONDA R. GOKE (�{Y(�`/\' NO.899 AND BEING TRACT �•' '��� 281 AND MORE FULLY AND f?' •r'f COMPLETELY DESCRIBED f•,i COMMISSION EXPIRES Notary Public IN "A" FROM "AG". - SEPTEMBER 8, 1999 AGRICULTURAL DISTRICT 4e•• T "SF- SUBJECT FAMILY HE *,-of i*" TARRANT COUNTY,TEXAS DISTRICT,SUBJECT TO THE �w w. SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS DETERMINING D ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT THE PUBLIC INTER- WELFFARESDEMA GENER- AL —L--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�It. ZONING CHANGES AND AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES•PROVIDING A SEV- `+.;t . y,. ERABILITY CLAUSE-P OVID- ING OLATIO A PENALTY RE VI- �i�@� � ����� VI- OLATIONS HEREOF CITY PROVIDING A SAVING gram N REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER,AND PRO- VIDING AN EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person,firm or corporation who violates, NUMBER C I T 5 7 DUE 63 . 20 disobeys,omits,neglects or whorefoses tocomplyf with ont PAGE 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 resistsfthe the provisionss of 1 of any of of this ordinance shall be fined not more than Two Thou- sand Dollars ($2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. /s/Sandra L.LeGrand, City Secretary City of Southlake III CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE ., TX 76092-9595 THIS AMOUNT 63 . 20 PLEASE WRITE IN AMOUNT ENCLOSED