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480-280CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -280 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 8.404 ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525 AND BEING TRACT 5A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" 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 ", 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. 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 G: \ORMZONI NG \480.145 Page I 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 G: \ORD \ZONING \480.145 Page 2 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: Being approximately 8.404 acres situated in the Samuel Freeman Survey, Abstract No. 525 and being Tract 5A1, and 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 G: \ORMZONI NG \480.145 Page 3 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 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 s� day of O IUI;Klo' � , 1998. `` ���nun►nm� s ,,� ' ���pF sour& ,'��i�i MA OR #m v ATTEST: 4 04& , 4, 1 awt--x� ITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 1998. �` X $O U x MA R % ATTEST: •m c G: \ORD \ZONING \480.145 Page 4 AvAd"Wall CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: quu I i 1 /11 4 EFFECTIVE: Q 0 1AV 1 g 0 G:\0RD\Z0NlNG\480.145 Page 5 EXHIBIT "A" ADDRESS 1029 N. Kimball Avenue, SOUTHLAKE, Texas. LEGAL - The following described tract or parcel of land situated in the S, FREEMAN SURVEY, A--525, Tarrant County, Texas, and being the same tract as recorded on Page 69 of Volume 6484, in the Tarrant County Deed Records and being more particularly described as follows BEGINNING at a found 112 inch steel rod at the Southeast corner of said tract as recorded on Page 69 of Volume 6484 in the Tarrant County Deed Records and being the Northeast corner of an 8.0 acre tract as conveyed to Carl Patterson by deed recorded on Page 83 of Volume 7568 in the Tarrant County Deed Records! THENCE West, at a distance of 617.5 feet a found 3/4 inch pipe in the East line in Kimball Road, a total distance of 638.05 feet to the centerline of said. Kimball Road, THENCE North 00 degrees 26 minutes 52 seconds East along the centerline of said Kimball Road a distance of 595.73 feet to a P.K. nail sett THENCE South 85 degrees 27 minutes 09 seconds East, a distance of 648.68 feet to an 'X' cut in concrete3 THENCE South 01 degrees 31 minutes 48 seconds West, at a distance of 43.55 feet a fence post, a total distance of 445.29 feet to a found 112 inch steel rods THENCE South 00 degrees 46 minutes 51 seconds West, a distance of 99.15 feet to place of beginning, containing 8.404 acres or 366,073 square feet of land with approximately 0.851 acre or 37.087 square feet being occupied. by said Kimball Road and Shady Lane, leaving a net acreage of 7.553 acres or 328,986 square feet of land. NOTES (1)I According to Flood Insurance Rate Map, dated August 2, 1995, SOUTHLAKE, Texas,Community No. 480612H, this property IS NOT In a Flood Hazard Area. (Property is in Zone X) G: \ORMZONING \480.145 Page 6 EXHIBIT "B" ale, 0 N N co CD co o I p � T 10 N 0i In N - a C. 1 -4 d 'n CLI x 166.14 160.00 V-- p V) 4- 41 : 6 Q si 7" o NJ cma 0 + , - ' 8 1 1 t 4 C5 18-6 d L u ag Est 166.1 4� 1610, 12 C:) CD CLI (U 0 C I Cl) SOL'I 1600 _ C3 cu ' 92 1 L C009t — - - - - - - - 991 f 1 vv, -8E 3.22,92.01ON"— f T d 4 Ln C" 00 9 X (D a d 0 ID 0 Z 4--- 3 e e L15 L L - Y 5 N 5 ­ I's ­0 . . . . . . . 9 . 1 L F ` a Q, P ­ I d [N �.N - - m a o 6 L b. dl 0 I - 0c) cr) cr� C=) Yj � I. U / Fo All _j m ICU 3 I IEe t .1� k 91'66 I r I l Tos ca IB 817, e l 0 &(' Otte V� III d3 d� ale, 0 N N co CD co o I p � T 10 N 0i In N - a C. 1 -4 d 'n CLI x 166.14 160.00 V-- p V) 4- 41 : 6 Q si 7" o NJ cma 0 + , - ' 8 1 1 t 4 C5 18-6 d L u ag Est 166.1 4� 1610, 12 C:) CD CLI (U 0 C I Cl) SOL'I 1600 _ C3 cu ' 92 1 L C009t — - - - - - - - 991 f 1 vv, -8E 3.22,92.01ON"— f T d 4 Ln C" 00 9 X (D a d 0 ID 0 Z 4--- 3 e e L15 L L - Y 5 N 5 ­ I's ­0 . . . . . . . 9 . 1 L F ` a Q, P ­ I d [N �.N - - m a o 6 L b. dl 0 I - Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13106553 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5? 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL NCH/LINE RATE AMOUNT 6/05ME 13106553 NOTICE OF PUBLIC I358 1x 85L 85 . 81 68 . 85 I city Council of the City of __0 6/0 5-0 6/0 5 Southlake. will be holding a ppublic hearing during the Rgular City Council meetingg toe be held on June 16,1998 at 6:00 p.m., in the City Council Chambers of City Hall, 667 North Carroll Ave- nue,Southlake,Texas. Purpose of the hearing is to --- consider the second reading of CIIITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-280 I AN ORDINANCE AMENDING ORDINANCE NO. 480 AS IAMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS- GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND '"IlTHIN THE CITY OF SOUTH- AKE, TEXAS BEING AP- S C- C 'ROXIMATELY 8.404 ACRES ,ITUATED IN THE SAMUEL REEMAN SURVEY AB- S NG TRACT 5A1,AND MORE IIN TO BEFORE ME, THIS THE 10th DAY OF JUNE , 1998 FULLY AND COMPLETELY „qs` DESCRIBED IN EXHIBIT "A° -:,ASY.(.vh, FROM "AG' AGRICULTURAL ••S'1�+ JANE A. DERBY DISTRICT TO "SF-20A" SIN- •0r Notary Publl (2, GLE FAMILY RESIDENTIAL t•% COMMISSION EXPIRES DISTRICT AS DEPICTED ON :,� THE APPROVED CONCEPT •',vie, �•. P MARCH 2 1999 PLAN ATTACHED HERETO r••-•..°••'+: AND INCORPORATED HERE- l,��\\ ,v=' ' TARRANT COUNTY,TEXAS IN AS EXHIBIT"B',SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP' PPRESERVING ORTIONS OF THE ZOONING ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ORDINANCE; DETERMINING EST, THE PUBLIC INTER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ELT, LARLS AND GENER- . �\ — AL WELFARE DEMAND THE -� - --- ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES PROVIDING A SEV- ERABILITY CLAUSE PROVID- 1 ING FOR A PENALTY FOR VI- rain OLATIONS HEREOF REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVINGS CLAUSE; PROVIDING FOR OFFICE OF , PUBLICATION IN THE OFFI- CIAL /7 NEWSPAPER AND PRO- CITY SECRETARY ACCOUNT AMOUNT 68 . 85 VIDING AN EFFECTIVE DATE. NUMBER C I T 5 7 DUE Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou-- sand Dollars ($2 000.001 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense- Sandra L.LeGrand City Secretary City of Southlake CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY ii SOUTHLAKE , TX 76092-9595 THIS AMOUNT 68 " 85 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I D NO. 22 3148254 AD ORDER NO. 1318 4 6 8 6 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS Junty of Tarrant Before me, a Notary Public in and for said County an State, this day personally appeared 1'1 rn . (( Jre- c`-_ 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 TINTOOTANE RATE AMOUNT 6/19MEI13184686jCITY OF SOUTHLAK I358 1x 78L 78 . 81 63 . 18 CITY OF 06/19-06/19 SOUTHLAKE TEXAS ORDINANCE NO.480-280 AN ORDINANCE AMENDING _...._.__.. ORDINANCE NO. 480 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 WITHIN THE CITY OF SOUTH- LAKE TEXAS, BEING AP- - PROXIMATELY 8.404 ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY, AB- STRACT NO. 525 AND BE- ING TRACT 5A1,AND MORE FULLY AND COMPLETELY ' DESCRIBED IN EXHIBIT "A" FROM 'AG" AGRICULTURAL DISTRICT TO SF-20A" SIN- GLE FAMILY RESIDENTIAL 'STRICT AS DEPICTED ON r E APPROVED CONCEPT S I y I�I E D 4.—Q • D ATTACHED HERETO HERE- N`_J\ D INCORPORATED HERE- TOIN THES EXHIBIT'Er, SUBJECT ) SWORN TO BEFORE ME, THIS THE��DAY OF / C'f TO SPECIFIC REtUIRE- MENTS CONTAINED I THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; E ALL OTHER `a ��'�`h otary Public ' '1�rn PORTIONS PRESERVING THE ZONING -I Y"•�'N ORDINANCE; DETERMINING ;:: i •'-.,�y RHONDA R. GOKE THAT THE PUBLIC INTER- i EST, MORALS AND GENER- t�? '•t COMMISSION EXPIRES AL WELFARE DEMAND THE ,`t•., j.N fSEPTEMBER819 ZONING CHANGES ANDTARRANT COUNTY.TEXAS AMENDMENTS HEREIN MADE' PROVIDING THAT .. THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; V- ERABILITYCLAUSE-PROVID- IS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! ING FOR A PENALTY FOR VI- OLATIONSI A SAVINGS` TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT _ CLAUSE; PROVIDING FOR �� �� PUBLICATION IN THE OFFI- - CIAL NEWSPAPER'AND PRO- VIDING AN EFFECTIVE DATE. Section 7.Any person,firm or corporation who violates, çdisobeys,omits,ply ts or � '�� OF refuses to comply with or who resists the enforcement nt \ of any of the provisions of Ograin CITY SECRETARY be this ordinance shall be fined. REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 not more than Two Thou-' sand Dollars ($2 000.00) foreach offense. peck day that a violation is permitted ACCOUNT C IT 5 7 AMOUNT 6 3 . 18 to exist shall constitute a NUMBER DUE separate offense. PASSED AND APPROVED ON THE 16th DAY OF JUNE, IF ANY QUESTIONS, PLEASE CALL(817)390-7885 L1 COUNCIL MEET- O�j DURING THE R PAGE1 ING. MAYOR RICK STACY ATTEST: SANDRA L. LEG- RAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., CITY ATTr1FNFY CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY ' SOUTHLAKE , TX 76092-9595 THIS AMOUNT 63 . 18 1 PLEASE WRITE IN AMOUNT ENCLOSED