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480-259CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -259 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 9.814 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING TRACT 8A. 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\480-259.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\480-259.WPD Page 2 Being approximately 9.814 acres situated in the Thomas M. Hood Survey, Abstract No. 706, and being Tract 8A and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF -1A" 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\480-259.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 1st reading the 7 day of , 1997. ATTEST: O �y w X c lift CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 0V day of , 1997. L:\CTYDOCS\ORD\CASES\480-259.WPD Page 4 ATTEST: ;i l - ..k-Z . lG � 61TY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: l,�lG CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-259.WPD Page 5 EXHIBIT "A" 5TATE OF TEXAS COUNTY OF TARRANT WHEKEA5, we J. Randall Keene and wife, Terri G. Keene, are all of the owners of the tract of land Situated in the THOMAS M. HOOD SURVEY, Abstract: No. -706, County of accordiNg o the deed recorded in Volume 12827, Page 92, Deed Records, Tarrant Sexab and being more particularly described a5 follow5: BEGINNING at a 1/2 inch iron rod found in the South 6negf Highland Street (County Road 3034), Said point being the northwest corner of a tract conveyeOlto Glenni5- D•avid5on -aS recorded in Volumo 9261, Page 1888, Deed Records, Tarrant County, Texas also being the northeast corner of the herein described tract; THENCE: 5 00°00'06 "W along the west line of said Davidson tract for a distance of 862.19 feet to a 1/2 inch iron rod found in the north line of Lot 1, Block 1. Carroll I.S.D. No. l Addition a5 ' recorded in Cabinet A, 51ide 2555, Plat Records, Tarrant-County, Texas; , THENCE: N 8657'36" W along the Said north line for a distance of 491.10 feet to a 5/8 inch iron rod Set for corner, Said point also being in the east line of a tract conveyed to Billy Runyan a5 recorded in Volume 7103, Page 636, Deed Records, Tarrant County, Texas; THENCE: N 01 W along Said east line and the east line of tracts conveyed to Bruce Goodson et ux a5 recorded in Volume 6934, Page 942 and to James Russell et ux a5 recorded in Volume 7251; Page 117, Deed Records, Tarrant County, Texas for a distance of 415.94 feet to a 1/2 inch iron rod found at the Southeast corner of a tract conveyed to Andrew Grant et ux a5 recorded in Volume - 7760, Page 1023, Deed Records, Tarrant County, Texas; THENCE: N 01 E along the east line of said Grant tract fora distance of 441.06 feet td a 112 inch iron rod found in the aforementioned South line of Highland Street (County Road 3034); . THENCE: 5 89 E along Said South line for a distance of 493.27 feed to the POINT OF BEGINNING and CONTAINING 9.81 acre& of land, more or IeSS, a5 Surveyed tpy Steven W. Hu*eS, Registered Professional Land Surveyor, during the month of June 19' 97. C".CCCS CRD`CAS7-S'4'30- _ ;9.'.b ?D | . . i ' � " VW TRACT MAP ` `` � 282A T. HALEY TR 8G 1.5 AC w ,. 'B i 1N AG AG TR 80 2828 ) 11 s 6.25 AC TR TR z 802 801 O ne D £ 1 M. ARNOLD T. RALEY i m TR 8G 1 .82 .92 � M. HALL SF—IA RE AG o E.5 ACE AC AC X1 In I t 1w w it W HIGHLAND ST w /� G TR 8A4 / l .51 AC A. GRANT TR 8A5 TR 8A .69 O .66 A z O TR 8AE TR A. GRANT G. DAVIDSON 1.2 AG /� in r" I lie q T AC A G �w 4 A_ RUSSEU AG Q I AG E s G DAVIDSON d B. GOODSEN I El. RUNYAN AG t AG we CISD CS AD I UD NO RILL _ , CAR ADJACENT OWNERS AND ZONING ,PI\ =11 ROGER HUTTO` N 7e TR 8A16 TR 8A8 I TR 8A 4.9 AC 1.39 O 1.22 . 4.4 AC .50 AC� T. KASPER fi TR 8A9 TR 8.= .73 O .71 rw w 137 NR -PUD CISD Star-Telegram FED. ID. NU. 4 AD ORDER NO. 11912120 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 T"E 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 TOTAL RATE AMOUNT - INCH!LINE 110/24ME 1191212 CITY OF SOUTHLAK I358 1x 75L 75 . 79 59 . 25 -CITY OF SOUTHLAKE. 7. 1?..ll_T_1.ul2 4 TEXAS 1 ORDINANCE NO.480-259 ORDINANCE CNO AMENDING AS AMENDED THE COMPRE- HENSIVE HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND LAKE, TEXAE S. BEITY OFNGUTH- AP- j PROXIMATELY 9.814 ACRES SITUATED IN THE THOMAS M. HOOD SURVEY, AB- BE- STRACT TRACTO 8A,ANDNMORE 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- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PR SL nRVING LL ONINGOFE- WORN TO BEFORE ME, THIS THE 27th DAY OF OCTOBER 1 97 NANCE' DETERMINING ' THAT THE PUBLIC INTER- ' ALT, MORALS AND GENER- '... 4.!a.1A RHONDA R. COKE k kl\A 0. . AL WELFARE DEMAND THE x}' Notary Public - c--�� ZONING CHANGES AND Pr.: 1/.t AMENDMENTS HEREIN $• 'N''' COMMISSION EXPIRES MADE/•, PROVIDING THAT '''"•' 1\ :•� SEPTEMBER 8, 1999 THIS VRDINANCE SHALL BE �i li"• CUMULATIVE OF ALL ORDI- h4;E••"•'•is TARRANT COUNTY,TEXAS ERABILSTY CL- OAUSE'PROVID-NG A SEV- \`� ie . ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGS° r CLAUSE; L U E; PROVIDING oORDRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER AND PRO- VIDING_ Section 7 Any person,firE m 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 0, ,. sN Y ;pY this ordinance shall be fined not more than Two Thou- CITY �� St � sand Dollars l52 000.00) [ .^�IY for each offense. Lach.day rL 4'r1 that a.violation is permitted 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 21ST DAY OF OCTOBER, NUMBER C I T 57 DUE 5 9 . 25 1997, DURING THE REGU- LAR CITY COUNCIL MEET- ING. /s±Rick Stacy,Mayor PAGE 01IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: L.LeGrand, 1 City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., City Attorney _ _ CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE., TX 76092-9595 THIS AMOUNT 59 . 25 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 11841124 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 STATE OF TEXAS my 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 IN TOTAL RATE AMOUNT ' 10/10ME 11841124 NOTICE OF PUBLIC I358 1x 81L 81 . 79 63 . 99 - \ NOTICE OF 1D�1U-10/1D PUBLIC HEARING all in- Notice is hereby given terested persons that the -._... City Council of the City of Southlake, will be h ippg ----- during the Reguier City ou-h- cil meeting to be held on Dc- tober 21, 1997 at '6;00 ------ m., in the City Council hambers of City Halli,667 North Carroll Avenue,South- lake,Texas. Purpose of the hearing is ton - de Sider the second reading of the followi g ordOFance. OM' • SOUTHLAKE TEXAS ORDINANCE Nd.480-2 9 AN - NO.INANCE AMENDING AMENDED, THE COMPRE- HENSIVE ZONING ORDI- ANCE OF THE CITY• OF OUTHLAKE, TEXAS c RANTING A ZONING` J CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- SL PROXIMATELY9.814ACRES OR \n`� E ME, THIS THE 1 4th DAY OF OCTOBER , ---1 97 SITUATED IN THE THOMAS spy , STRACT HOOD SURVEY, AB- " �'"� RHUNOA R. DOKE \ p„ "Q ,� NO. 706 AND BE- t�' ING TRACT 8A AND MORE ^ COMMISSION Notary Public FULLY AND COMPLETELY i �• I 1 1JJION gr5 y DESCRIBED IN EXHIBIT "A" i.4 FROM "AG" AGRICULTURAL T,, 'irY �EPTEMBEA DISTRICT TO SF-lA" SIN- lq;„'.f';=r v GLE FAMILY RESIDENTIAL cam,- ��� TARRANT COUNTY,TEXAS DISTRICT,SUBJECT TO THE ~'"a'�'O'•.vt� SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ALLNIryTHER POE- /RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! F SERVING ()PIER POR- TIONS OF THE ZONING ORDI- NANCE DETERMINING THAT THE PUBLIC INTER- —EST, MORALS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT AL WELFARE DEMAND-THE . ZONING CHANGES AND AMENDMENTS- ' HEREIN MADE.* PROVID NG :THAT OF - C S.THIS ORDINANC SHALL BE t r � NANCESTIIVEOF ALL PROVIDING AORDI_ St( • ING FORERABILITYA PENALTY FOR VI- raiii CITY SECRETARY ING FOR A PENALTY FOR VI- OLATIONS HEREOF• REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR �'i PUBLICATION,IN THE DfFI- ACCOUNT AMOUNT CIAL NEWSPAPER-AND PRO- NUMBER C I T 57 DUE 63 .99 VIDING AN,LFFECTIVE DATE. Section 7.Any person,firm or corporation -who violates, PAGE- or IF ANY QUESTIONS, PLEASE CALL(817)390-7885 disobeys,omits,neglects or J refuses to comply with or who resists the enforcement of an`y oT the provisions of this ordinancle shall be fined) not more than Two Thou sand Dollars ($2 000.00)1 for each.offense. Each day that oshall conn is stitute ute permitted to exist a' se arate offense. /s/Sandra L.L-eGrand, City Secretary ill City of Southlake .. CITY OF SOUTHLAKE -� 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 rTHISAMOUNT 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED