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480-287 OrdinanceCITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-287 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 TRACT 2B AND A PORTION OF TRACT 2BI SITUATED IN THE REES D. PRICE SURVEY, ABSTRACT NO. 1207, AND BEING APPROXIMATELY 30.058 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED 1N 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 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 thcilities 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 o f parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and oft-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 fbr 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 ~velfare 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, L ~CIIYDOCS\ORD/CAS ES/480 287 Page 2 is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2B and a portion of Tract 2B1 situated in the Rees D. Price Survey, Abstract No. 1207, and being approximately 30.058 acres, and more fully and completely described in exhibit "A" from "AG" Agricultural 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 defmitions 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. Page 3 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 heating thereon at least ten (10) days before the second reading of this ordinance, and if th/s ordinance provides for the imposition of any penalty, f'me 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 with/n ten (10) days after passage of this ordinance, as required by Section 3.l 3 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 ~ day of ~~., 1998. PASSED AND APPROVED on the 2nd reading the [0 day of I.~x'~, 1998. ~ ATTEST: C~TY SEC~TARY Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: EFFECTIVE: Page 5 EXHIBIT "A" Being a tract of land in the R.D. Price Survey, Abstract No. 1207, Tarrant County, Texas and being a portion of a tract of land recorde~ in Volume 9057, Page 543, Deed Records, Tarrant County, Texas ~D.R.T.Co.,T×.), and being more particularly described as follow~: BEGINNING at a found Corps of Engineers (C.O.E.) concrete monument number 232-4, said concrete monument being the southwest corner of a tract of land convey to the United States of America as recorded in Volune 2378, Page 537, D.R.T.Co.,Tx., THENCE South 89 degrees 20 minutes 50 seconds West 724.89 feet to a set iron rod in the east line of the South Park Addition as recorded in Volume 388-11, Page 8, Plat Records, Tarrant County, Texas, (P.R.T.Co.,Tx.); THENCE North 01 degrees 15 minutes 00 seconds West 1,912.69 feet with the east line of South Lake Park Addition to a found iron rod for corner; THENCE South 86 degrees 27 minutes 43 seconds East 257.38 feet with %he south of South Park Addition to a found C.O.E. concrete monument for corner; THENCE THENCE THENCE South 88 degrees 41 minutes 22 seconds East 531.39 feet to ~ found C.O.E. concrete monument number 231-1 for corner; South 04 degrees 39 minutes 03 seconds West 494.57 feet to a found C.O.E. concrete monument number 232-1 for corner; South 21 degrees 13 minutes 46 seconds West 211.89 feet to an iron rod for corner; THENCE THENCE South 22 degrees 46 minutes 14 seconds East 211.89 feet to a found C.O.E. concrete monument number 232-3 for corner; South 00 degrees 42 minutes 42 seconds East 890.21 feet to ~he Point of Beginning and containing 30.058 acres of land. Page 6 FED. I D. NO. 22-3148254 Star-Telegram AD ORDER NO. 13567224 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 • „..... enSTATE OF TEXAS y of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared 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 NCH/LINE 8/21ME 115I.F.24 CITY OF SOUTHLAK I358 1x 77L 77 . 81 62 . 37 __j0 IP 411 1it.,-IFI•JEM M __. sl 1 Q ,,I--Q! L�1 Jr 8895 Mg:8 ease 7 Ill 3 a'i ed �i�q^Q saiaM S'8 in] .;. uog s .1ellao wlols B II sup ASS E -uil'saall Cyad0,odIA m:ARE-. o ;ad's eo a8�el U s IF>[tDl ,A Uleq�uago1M IleW '14 ci' '8 T 'spoon aqi NI NI OF 8 LZ J!o,Z 3n\IN.. V -094 l[L8) saa' '8 'A •puod/in saloew'9i CO. "H- 4 ologsllkL- 0Z of u!w VI n urnos1ooOF of u!w 54,1,,S383 BIN 0aa sweg •aoVs�s2 f V 4 R,000 Vu uosdwo94a0 i ) im ,DZ8doolD eH oaPeip saneo„a aweel .a4 uo sasnoUl�. . , e sI UIiN asnoU Z'�bb0aN8c fl'N7L,,,,,, , , S;P a eaatl4ns t':WORN TO BEFORE ME, THIS THE 24thDAY OF AUGUST 1998 /.9 .pOZ65•,I,ed ..` 4£5 L' '5 do Ez-v OOMH1HON i av Ph, °° ' 2�P °�r,, RHONDA R. GOKE Notary Public LAO \ktik,CUOL.. i•—) - '" wgz-v4Z aP!S 031 1,: 'D 'e1'°ap!Saa- ,ws •," %. J COMMISSION EXPIRES S'q' TARRANT COUNTY,TEXAS '"��h.;�±'-� SEPTEMBER 8, 1999 PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! Ik TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------A OFFICE OF Star-Telegram CITY SECRETARY REMIT TO: OOP. 400 W.SEVENTH ST. •FORT WORTH.TEXAS 76102 13567224 NUMBERT CIT57 ADUENT 62 . 37 PAGE1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 SCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 62 . 37 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID. NO. 22-3148254 AD ORDER NO. ],348389U 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 T' 'E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared 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: C DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 8/D7ME 1348389E NOTICE OF PUBLIC I358 1x 86L 86 . 81 69 . 66 NOTICEHEARINGBLIC 0 8/0 7-0 8/0 7 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 Au- gust 18 1998 at 6:00 p.m. in the City Council Chambers of the City Hall. 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing is to consider the second reading of the following ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-287 AN ORDINANCE AMENDING' ORDINANCE NO. 480_ AS AMENDED, THE C PR j HENSIVE ZONING ORDI-• t NANCEEOF THE CITYTY OF OUTHLAKE, TEXAS RANTING A ZONING S I -r---;-;� `� �S 2 HANGE ON A CERTAIN RACT OR TRACTS OF LAND '; WITHIN THE CITY OF SOUTH- 10th AUGUST 1998 LYKDESCRIBED IAS r ACT 1 SWORN TO BEFORE ME, THIS THE DAY OF TH AND A PORTION R- IN VF EY, 2 SITUATED. 17. a t 111VtO_1 THE REES D. PRICE SUR- Notary Public L,� VEY, ABSTRACT NO. 1 ATE- -P4r P``1r y RHONDA R. GOKE AND BEING APPROXIMATE- 0 '•••fir LY 30.058 ACRES, AND l=' ' .ny MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT 'A" FROM "AG" AGRI- CULTURALDISTRICT TO"SF- ��F.......E+_ SEPTEMBER 8, 1999 lA" SINGLE FAMILY oF•`,- (1(j' % ...R4-11.1 RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIIr REQUIREMENTS CON- TAINED IN THIS ORDI- j ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER PAR- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - ITIONS OF THE ZONING ORDI- l� �� E NANC DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND l' AMENDMENTS HEREIN S, MADE PROVIDING THAT • ', S THIS ORDINANCE SHALL BE ., •p NANCESTPROVVIDI OF NG AOSEDV- ram Cuc : ....,,,. ,,,,.,:h.... i•,,• f ERABILIT4 CLAUSE PROVID- REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGSt ACCOUNT AMOUNT CLAUSE; PROVIDING FOR NUMBER C I T 5 7 DUE 69 . 6 6 PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- VIDING AN EFFECDATE. PAGE 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 Section 7.Anyny person, person,n,firm or I 1 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 ($2 000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. city of Southlake ndra L.LeGrand ySecretary OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE., TX 76092-9595 THIS AMOUNT 69 , 66 PLEASE WRITE IN AMOUNT ENCLOSED