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480-260CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -260 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 14.772 ACRES SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899. AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R- P.U.D." RESIDENTIAL PLANNED UNIT DEVELOPMENT AND "AG" AGRICULTURAL DISTRICT TO "CS" COMMUNITY SERVICE 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 "R- P.U.D." Residential Planned Unit Development and "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 L:\CTYDOCS\ORD\CASES\480-260.WPD Page 1 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 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 L:\CTYDOCS\ORD\CASES\480-260.WPD Page 2 and amended as shown and described below: Being approximately 14.772 acres situated in the Obediah W. Knight Survey, Abstract No. 899 and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "R- P.U.D." Residential Planned Unit Development and "AG" Agricultural District to "CS" Community Service 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 L:\CTYDOCS\ORD\CASES\480-260.WPD Page 3 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. 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 6 � , 1997. W! � 0. ATTEST: . �� 4 X 46 , CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 4 day of &Q4.0 , 1997. ml /��+ M .1 M el , L:\CTYDOCS\ORD\CASES\480-260.WPD Page 4 4 'Ftn -4 a EFFECTIVE: GW A APPROVED AS TO FORM AND LEGALITY: (N L9 40-4-� CITY ATTORNEY ATTEST: CITY SECRETARY L:\CTYDOCS\ORD\CASES\480-260.WPD Page 5 EXHIBIT "A" TRACT DESCRIPTION BEING A 14.772 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899. IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS' AND BEING A PORTION OF THAT CERTAIN 10.4043 ACRE TRACT OF LAND DESCRIBED IN DEED TO TIMARRON AND CORP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9823, PAGE 1078 ALSO BEING A PORTION OF THAT CERTAIN 35.909 ACRE TRACT OF AND DESCRIBED IN DEED TO :TIMARRON LAND CORP. (FORMERLY BEAR CREEK COMMUNITIES, INC.) AS RECORDED IN VOLUME 9827, PAGE 917 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" CAPPED "CARTER & BURGESS" FOUND FOR CORNER, BEING AT THE INTERSECTION OF THE WEST LINE OF SAID 10.4043 ACRE TRACT WITH THE SOUTH RIGHT -OF- WAY LINE OF SOUTHLAKE BOULEVARD; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5824.58 FEET, A DELTA ANGLE OF 00535'34 ", A LONG CHORD THAT BEARS S84548'59 "E A DISTANCE OF 60.26 FEET, AN ARC DISTANC OF 60.26 FEET TO A POINT FOR CORNER; THENCE S00505'28 "E, A DISTANCE OF 291.11 FEET TO A POINT FOR CORNER; THENCE N89545'29 "E, A DISTANCE OF 1,002.63 FEET TO A POINT FOR CORNER; THENCE S00510'06 "W, A DISTANCE OF 94.44 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 955.00 FEET, A DELTA ANGLE OF 40552'17 ", A LONG CHORD THAT BEARS S2053533 "W A DISTANCE OF 666.89 FEET, AN ARC DISTANCE OF 681.24 FEET TO A POINT FOR CORNER; THENCE N47528'21 "W, A DISTANCE OF 33.79 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET, A DELTA ANGLE OF 41558'03 ", A LONG CHORD THAT BEARS N68527'19 "W, A DISTANCE OF 196.96 FEET, AN ARC DISTANCE OF 201.43 FEET TO A POINT FOR CORNER; THENCE N89526'21 "W, A DISTANCE OF 197.98 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 375.00 FEET, A DELTA ANGLE OF 38537'33 ", A LONG CHORD THAT BEARS N705O7'34 "W, A DISTANCE OF 248.05 FEET, AN ARC DISTANCE OF 252.81 FEET TO A POINT FOR CORNER; THENCE S39511'13 "W, A DISTANCE OF 52.69 FEET TO A POINT FOR CORNER; THENCE N89544'47 "W, A DISTANCE OF 153.24 FEET TO A POINT FOR CORNER; THENCE N00505'28 "W, A DISTANCE OF 869.76 FEET TO THE POINT OF BEGINNING, AND CONTAINING 14.772 ACRES OF LAND, MORE OR LESS. L: CTYD OCS'.OPD'CASES'.480-= 60.'NPD Psse 6 EXHIBIT " B" }i1` -e r — w� — � ► e.� 7 -'' �i �I ► ' i � ! y i i i }� u ° o � � l I Ni • j §/ y 1 if ijQij IND. I! } Y9fa : -1 ► ► ► i ► ii� ► �sf . ► ►s ►; _ E ► w f .:e +r rei997p.Ir:�fl:�9i KID � a n Y�i i ay118= :t:•'i+ to t:I ; + YIY i►+ Ids +3 .�} ..�� +� .�� � o ' 3• EL I' f( °Y � l t7 3 26 1 IY Y4 9a; �746+� iY i:Y 7 a 7 7 71 Tat 7 7t — r-- - - - - -- € I � 1 I I ;3 ! f � -J y r �� o 1I ° • • s �� - - -- I • ;e, I � �Y ~ Y — •~ \Ap • • I rr ���� -� o 031v IVM A 1"Im r M o a janut+ U,M'DOCS'0RD CASE3430= 50.'w?D Page 7 = f� 1 0 S i� W � } e : f I ; 31 — r-- - - - - -- € I � 1 I I ;3 ! f � -J y r �� o 1I ° • • s �� - - -- I • ;e, I � �Y ~ Y — •~ \Ap • • I rr ���� -� o 031v IVM A 1"Im r M o a janut+ U,M'DOCS'0RD CASE3430= 50.'w?D Page 7 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 11912122 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: 1- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 10/24ME 11912122 CITY OF�IS'O1UTHLAK I358 1x 77L 77 . 79 60 . 83 CITY OF SOUTHLAKE, 10/2 4-1-0 Gam— _... __. TEXAS ORDINANCE NO.480-260 AN ORDINANCE CNO AMENDING I AS AMENDED THE COMPRE- HENSIVE E OF ZONING CITY ORDI- NANCE GRANTING A ZONING` CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- PRO)GMATELY' BEING 14.772 ACRES SITUATED IN THE VBY ABSTH W.RACT RACT KNIGHT NO. 899, AND MORE ESCRIBEDDIN EX- HIBITELY T "A" FROM "R-P.U.D." UNITRDENTIAL DEVELOPMENT AND �. "AG" AGRICULTURAL DIS- TRICT TO"CS"COMMUNITY SI SERVICE DISTRICT SUB- JECT TO THE SPECIFIC RE- 0 QUIREMENTS CONTAINED NANCE; COR- SV RECTING IN THIS TTHE IOFFICIAL ZON- jW ING MAP PRESERVING ALL _.+�• �� THE 27th DAY OF OCTOBER , :97 OTHER PORTIONS OF THE ��!.•...Leh RI'IQNI1� R. COKE ZONING ORDINANCE DE- 1'.M Ri V !,OK ^ ,, TERMINING THAT THE PUB- it'. tf,r Notary Public '-'0.\—c'�u.��-�- ✓� , �C_..,� LIC INTEREST, MORALS t COMMISSION EXPIRES AND GENERAL WELFARE DE- ! j,. MAND THE ZONING CHANG ES AND AMENDMENTS �'r• ...•.•.. v . + C EPTEMBER 8, 1999 HEREIN MADE; PROVIDING `�. !,. THAT THIS ORDINANCE TARRANT COUNTY,TEXAS SHALL BE CUMULATIVE OF ALL ORDINANCES- PROVID- ING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS I HEREOF;PROVIDING A SAV- •RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! INGS CLAUSE,' PROVIDING I FOR PUBLICATION IN THE OFFICIAL NE SPAN PEEFFR;AND TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A DATE. Section 7..Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or who resist the enforcement OFFICE (^@ a. tof any is the provisions of v' \ this ordinance shall be fined not more than Two Thoa- gram CITY SECRE��i.' Y REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 sand Dollars (S2 000.00) for each offense. each day that a violation is permitted to exist shall constitute a ACCOUNT AMOUNT separate offense. PASSED AND APPROVED ON NUMBER C I T 5 7 DUE 60 . 83 2ND READING THIS THE 21ST DAY OF OCTOBER, 1997 DURING THE REGU- IF ANY QUESTIONS, PLEASE CALL(817)390-7885 LAR CITY COUNCIL MEET- PAGE1 OF ING. y /s/Rick Stacy,Mayor ATTEST: /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: /s/E.Allen Taylor,Jr., Citv Attorney _ CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 60 . 83 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram F tU I U NO. LL J14t5Lb4 AD ORDER NO. 11841127 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 fikSTATE 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: i DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 10/1-nMr_11841127 NOTICE OF PUBLIC I358 1 1x 83L 83 .79 65 . 57 PUBLIC HEEAORING 1flh10—1at1O NOtice is hereby given to all in terested person that the City Council of the City.of South- lake, will be holding during - — ---the Regular City Council meeting to be held on Octo- ber 21,.1997 att 6:00 p.m, in the City Council Chamber of City Hall, 667'North•Ca- roll Avenue, Southlake,-Tex- as. Purpose of the hearing is,copi sider the second reading of -. the following_ordd arse., CIW OF SOUTHLAAKE;'TEXAS ORDINANCE NO:480-260' AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI• NNE THE CITY F UTHLAKE, TEXAS, ANTINGO A ZONING S I ANGE ON A CERTAIN RACT OR TRACTS OF LAND WITHIN THE CITY OF SOU.-I- SI PROXIMATELY' ElEIN4.7722 SWORN TO BEFORE ME THIS THE t 4th DAY OF C)CTORFR , 1997 ACRES SITUATED IN fHE OBEDIAH W. KNIGHT gU - s'y•y?;y VEY, ABSTRACT.NO. 89{Qt, 1�}•ti ' AND MORE FULLY AND COM- I f7F ;'r RHONDA R. GOKE Notary Public 1�' , .� PLETE'A DESCRIBED IN ER' S i ) COMMISSION EXPIRES PLET "A" FROM "R-P EX' �� RESIDENTIAL • PLANNED V ri UNIT DEVELOPMENT AND h�.j_ tr SEPTEM3ER 8 1999 AG" AGRICULTURAL DIS- sq oi•i`t ' TARRANT COUNTY,TEXAS TRICT TO"CS"COMMUNFTY 1 a w+ SERVICE DISTRICT SUB- JECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS ORDINANCE; co- , ING MAPTPRESERVINGAL ZAALrvL ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OTHER PORTIONS OF•THE ZONING ORDINANCE •DE- TERMINING THAT THE PUB- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---„A — LIC INTEREST. MORA AND GENERAL VLFARE D MAND THE ZONING CHAAN - ES AND AMENDMENT HEREIN MADE;`PROVIDING THAT THIS ORDINAVE SHALL BE CUMULATIVE OFS OFFICE OF ALL ORDINANCES'.PRiIB- ING A SEVtRABILITY iram CLAUSE; PROVIDING FOR REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PENALTY FOR yl0 ATIONS CITY SECRETARY HEREOF;PROVIDING A SAV- INGS CLAUSE_PROVIDING FOR PUBLICATION'IN THE ACCOUNT AMOUNT OFFICIAL NEWSPAPE ;- PROVIDING AN; EFFECTIVE 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 O refuses to cori�plyy with or who resists the enfdreetnent of any of the plovrsions of this ordinance ghall be fined not more than Two Thou- sand Dollars (S2 000.00) for each offense. Each day that a violation is permitted to exist shall tonstitute a seperate offens6. CitySSecretary eGrand, City of Southlake _ _ 1111 CITY OF SOUTHLAKE 66? N CARROLL AVE PLEASE PAY THIS AMOUNT, SOUTHLAKE, TX 76092-9595 65 . 57 PLEASE WRITE IN AMOUNT ENCLOSED