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480-283CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-283 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 TRACTS 6A, 7A, AND 7B, SITUATED Hq ~ J. J FRESHOUR SURVEY, ABSTRACT NO. 521, AND BEING APPROXLMATELY 19.006 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTUnRAL 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 an~end 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 Page I WHEREAS, the City Council of the City of Southlake, Texas, at a public bearing 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 f'md 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 0f S0uthlake, 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: Being legally described as Tracts 6A, 7A, and 7B, situated in the J. J. Freshour Sulwey, Abstract No 521, and being approximately 19.006 acres 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" 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 Page 3 shall be freed not mom than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All fights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, frae or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Ox. PASSED AND APPROVED on the 1st reading the ~ day of ~ , 1998. C/~Y S~C~TARY Page 4 PASSED AND APPROVED on the 2nd reading the ~] day of_~f_~, 1998. APPROVED AS TO FORM AND LEGALITY: Page 5 EXHIBIT 'A" BELN'G a 19.006 acre tract of land in the I$ Freshour Survey, Abstract No. 521 situated in the City of Southlake, Tarrant County, Texas and being that tract of land conveyed to Fred loyce - blary Myers Enterprises, Inc. By deed recorded in Votume XXXX, Page XXX of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGLNN~'G at a I/2" iron pin found at the Northeast comer of Lot 9, Block 2 of Ridgewood, Phase II, an addition to the City of Southlake as recorded in Cabinet A, Slide 3270 of the Plat Records of Tarrant County, Texas; THENCE EAST, 655.00 feet to a point, said point being the Northwest comer ora tract of land conveyed to Derretl E. Johnson by deed recorded in Volume 659 I, Page 64 of the Deed Records of Tarrant County, Texas; THENCE SOUTH along the West line of said Iohnson tract, 1264.00 feet to a point, said point being the Southwest comer of a tract of land conveyed to Craylord lC Johnson by deed recorded in Volume 2154, Page 507 of the Deed Records of Tarrant County, Texas, said point also being on the existing North fight-of-way line of $ohnson Koad (ROW Varies); THENCE WEST along the existing North fight-of-way line of said Johnson Road, 655.00 feet to a point; THENCE NORTH, 1264.00 feet to the POINT OF BEGINNING and containing 827,920 square feet or 19.006 acres of land. EXHIBIT 'B" .i iI Il, !i¢ iii I-EL). I.U. NU. 12-:i14t db4 Star-Telegram AD ORDER NO. 13390383 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 ORDINANCE NO.480-283 AN ORDINANCE AMENDING THE AMENDEDE THE COMPRE I _ HENSIVE ZONING ORDI- Dur NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING uafa TACT OE RTTRACTSOFRAND blic in and for said County and State, this day WITHLAKEIN THE TEXASITY EING LEF GAL- Tammie Bryant LY DESCRIBED AS TRACTS Billing Specialist for the pens 6A 7A, AND 7B, SITUATED Star. IN YHE J.J.FRESHOUR SUR- led by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and VEY, ABSTRACT NO. 521, WhU, ALY ND 19.006BACRESsworn, did AOXIMAND id depose and say that the following clipping of an advertisement was MORE FULLY AND COM- publ PLETELY DESCRIBED IN EX- named paper on the following dates: HIBIT "A" FROM "AG" AGRI- CULTURAL DISTRICT TO'SF- 20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE AP- PROVED CONCEPT PLAN AT- TACHED ,HERETO AND INCORPORAT- ED HEREIN AS EXHIBIT "B" SUBJECT TO THE SPECIFIC REQUIREMENTS CON- (-- TOTAL DATE TAINED IN THIS ORDI- NANCE DESCRIPTION AD SIZE iNTOTAL RATE AMOUNT OFFICIALCORRECTING THE ZONING MAP,PRE- SERVING ALL OTHER POR- ' 7/241 NA°NCE,F THE DEE EIRMINNGrdinance no . 48 1358 1X 79L 79 . 81 63 . 99 THAT THE PUBLIC INTER- 1'7 EST, MORALS AND GENER- 7/24-07/.24. _.. _.._. _. AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN THISMA CE SEORDINANNSHALL G BE CUMULATIVE OF ALL ORDI- 1 NANCES PROVIDING A SEV- ING BFOR A PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS! CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- I VIDING ANSEF ECTIVE DATE 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 IS2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a sePASPSEDtAND APPROVED ON 27th JULY 1998 SUE: THE 21ST DAY OF JULY, ✓ORN TO BEFORE ME, THIS THE DAY OF I 1998 DURING THE REGU- vr►r� AY CITY SOUNCIL MEET- ..� •--1IYw 7. 1� . �.� ATTEST: `%r P `��� RHOIVDA R. GOKE Notary Public 1"r`, MAYOR RICK STACY ..- 'Zi,i SANDRA L.LEGRAND, rf• i CITY SECRETARY 1 ^, �; COMMISSION EXPIRES IEPAL ETW YLOOVED AS R JR. I ,.ii t4' EPTEMBER 8, 1999 CITYATORNEY S TARRANT COUNTY,TEXAS It F.f, �� weo.: PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! L�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�� Star-"I'elegralTlCO• REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 A 13390383 NUMBER CIT57 AMOUNT 63 . 99 PAGEI 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY ii SOUTHLAKE, TX 76092-9595 THIS AMOUNT 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID. NO. 22-3148254 AD ORDER NO. 13311226 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in d for said` County and le, this day personally appeared Ufa, r 1 ln1r ‘ , ( JQ' -- 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: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on July s21,1998 at 6:00 p.m.in the DATE AD ORDER NO. city Council Chambers of the 1 AD SIZE TOTAL RATE AMOUNT City Hall, 667 North Carroll INCH/LINE - , Avenue,Southlake,Texas. Purpose of the hearing is to 7/10ME 13311226 ftehennce'rg _ohfolowing orda IC I358 1x 87L 87 . 81 70 . 47 CITY OF SOUTHLAKE TEXAS ORDINANCE No.480-283 AN ORDINANCE CNO. AMENDING AS ... _... AMENDED, THE CONIPRE- NAIE E ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING ---- -- -- CHANGE ON A CERTAIN _. TRACT OR TRACTS OF LAND WITHIN EINTEXAS CITY LABEING LEGAL- LY DESCRIBED AS TRACTS • --' - 6A 7A AND 7B, SITUATED • -- - - - - - - IN THE J.J.FRESHOUR SUR- VEY, ABSTRACT NO. 521, AND BEING APPROXIMAT.E- RES AND MORE FULLY 9AAND COM- PLETELY DESCRIBED IN EX- rp HIT "A" "AG" AGRI- C ULTURALFDIISSTRICT TO"SF- , 20A" SINGLE FAMILY - RESIDENTIAL DISTRICT AS ; S I G N E D DEPICTED ON THE AP- • _ PROVED CONCEPT PLAN AT- TACHEDRE O D IN- ATE HEREIN AS SUBSCRIBED AND SV THEIBISPECIFICUBR UIRE-- ME, THIS THE /a AY OF , MENTSINCONTAINED COR INTHISIN /� ORDINANCE; CORRECTING �-y1�J1 -PQY•r`716 THE OFFICIAL ZONING MAP 1 ;97 •. 4r R - PRESERVING ALL OTHER NotaryPublic rr RN - .PORTIONS OF THE ZONING •I R ORDINANCE; DETERMINING gN, �i COMMISSION tX�'IIttJ (THAT THE PUBLIC INTER- .j SF,�,.,,,�_ EST, MORALS AND GENER- TARRANT COUNTY,TEXAS rtp„ ,',P- AL WELFARE DEMAND THE ''E� s.._`:= ZONING CHANGES AND ..�s�%:-,.w�.,..r. IN MADE- PROVIDING ENDMENTS - H THAT THIS ORDINANCE SHALL BE PLEASE PAY THIS O NANCESTIPROVIDINVE OF G A SL EVI I ERABII ITY CLAUSE;PROVED AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU R VI- OLATIONS FOR A PENALTHEREOF; L_�_ PROVIDING A SAVINGS RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�► CLAUSE; PROVIDING FOR - — — - PUBLICATION IN THE OFFI- AN CIAL VID NG ANSPAPERi EFFECTIVE DATE. Section 7.Any person,firm or corporation who vineolates, Star-Telegdisobeys, omits,res s to comply with t w wh000r resit sts the enforcemennt of any of the provisions of REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\ not more nthhis an h Twoalle Tho fineu- d sand Dollars (S2 000.00) for each offense. Each day ACCOUNT AMOUNT 13311226 that a violation is permitted NUMBER C I T 5 7 DUE 70 . 47 to exist shall constitute a separate offense. City of Southlake IF ANY QUESTIONS, PLEASECALL817 Sandra L.LeGrand I 390-7885 City Secretary OFFICE OF CITY SECRETARY CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 70 . 47 PLEASE WRITE IN AMOUNT ENCLOSED