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480-291CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-291 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 lB AND IBI SITUATED IN THE .lAMES THORNHILL SURVEY, ABSTRACT NO. 1505, AND BEING APPROXIMATELY 5.0 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 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. V~ HEREAS, the City of Snuthlake. l'exas 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 ot'the Texas Local Government Code; and, ~'HEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the attthurit; to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land t'c)r business, industrial, residential and other purposes, and to amend said ordinance and map lbr the purpose of promoting the public health, safety, morals and general x~cll'are, all in accordance ,,kith a comprehensive plan; and Page I 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 heating 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 clements 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 detemfined b3 requirements of this ordinance for oft-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public heahh by surfacing on all parking areas to control dust: effect on the promotion of health ad the general welfare; el'fect 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 thc character of the districts and their peculiar suitability for particular uses and the view' to conserve thc value of the buildings, and encourage the most appropriate use of the land throughout this City: and. Page V~'HEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity fi)r the zoning changes, that the public demands them. that the public interest clearly requires thc amendments, and that thc 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 in,,estment ;vas 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 ol' 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 [hr 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 i:or a change since the tract or tracts of land were originally classified and therefore t'cels that the respective changes in zoning classification for the tract or tracts of land are needed, are called tbr. and are in the best interest of the public at large, the citizens of the city of Southlake, Fexas. 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 l. 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 Page amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1B and 1B 1 situated in the James Thomhill Survey, Abstract No. 1505. and being approximately 5.1) acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to 'SF-lA" 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 subiect 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 v~ ith the comprehensive plan fbr the purpose of promoting the health, safety, morals and the general ~elt~are of the community. They have been designed, with respect to both present conditions and thc conditions reasonably anticipated to exist in the foreseeable future: to lessen congestion in the streets: to provide adeqnate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sex,,erage, drainage and surface water, parks and other commercial needs and development of the communit.x. 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 x~ith a x ie,,~, of consep,'ing the value of buildings and encouraging the most appropriate use of land throughout the communit?. SECTION 5. Thru 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 vnlidity of the zoning altbcting 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 enfbrcement 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 ei~'fective date of this ordinance; and, as to such accrued Page 5 violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordimmces, same shall no! be affected by this ordinance but may be prosecuted until final d spos tion 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 nc~spaper one time within ten (I 0) 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 requ red b? aw, and it is so ordained. PASSED AND APPROVED on the 1st reading the /7 day o~98. ATTEST: CITY SECRETARY Page 6 PASSED AND APPROVED on the 2nd reading the day of~8. ATTEST: ,APPROVED AS 'FO FORM AND I,EGALITY: C'ITY ATTO/R/NEY ADOPTED:__ ~ EXHIBIT "A" VfI4EREAS The Kaeini Family Limited P'armership is the owner of a tract of land as conveyed by deed in Volume 12425, P. 2392 of the Deed Records of Tarrant County, Texas and including the SAVE & EXCEPT TRACT which was retained by C.R. Chandler & wife RR. Chandler from the original deed recbtded in Volume 9985, Page 893 all of which are situated in the James Thomhill Survey, Abst. 1505 in the City of So3.th_lake,~ T_ _ _acn3a_ t~Co~._~ty, Texas and being more parfcularly described as follows: .. BEGENNING at the southwest comer of said tract, same being in the south line of said Thornhill Survey; N 00005'13'' W along the west line ofsaid tract~~t corner TIIENCE of Lot 1, Block 1 of Southlake Hills Phase I as recorded,in Cabinet A, Slide Plat Records 0f Tarrant County, Texas and in all 659.97 to the northwest comer of said Tract 2, same being the southwest comer of Lot 7, Block I of said Southlake Hills Phase I; THENCE N 89°27'4T' E along the north line of said tract and the. south line of Lots %9 of said Southlake Hills Phase I for 329.68' to the southeast comer of said Lot 9; THENCE S 00o04'42 TM E along the east line of said tract and the west l/he ofsa/d Southlake Hills East for 6~2.37' to a point in the said south line of the J. Thomhill Survey; THENCE S 89052'49'' W'along said line for 329.57' to the'POINT OF'BEGINNING and CONTAINING 217,935 ,so~e feet or 5.00 acres of land. Page 8 3 2 2 1 2 5 D.GALASKI .3 J: _LOWE m T. FULLER ¢ D.BIDDLE CONTINENTAL BLVD 5 ,3 6 5 2 7 1 "SF-20A' 3.38 AC ~7 8 11 J.BECTOL ! D.CROS~ LBONET ,~, K.MOORE' K.MOORE "AG"" K.MOORE 2 10 NORTHRIDGE DR ~ TR 1.21 AC TR 1A1 'IOLOMEW 1.0 AC ~R 1A6 .29 AC TR 1A6A .50 AC TR 1AB .81 AC TR 1A9 1.10 AC tt3 12R 1OR 29 28 D. TOMLIN 3OR J. POLAK E. ROBERTSON ' T. DILL M.RICE C.VIANE GARDNER ' "SF-20B" 7 3,7 4 5 6 ADJACENT OWNERS AND zO~? G 44 42 418 TRACT MAP Star-Telegram rU. I.U. INU. LL J14t5L54 14177660 AD ORDER NO. 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 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: r DATE AD ORDER NO. DESCRIPTION AD SIZE NTOTANE RATE AMOUNT 12/04ME .14177660 CITY OF SOUTHLAK I358 1x 75L 75 QUOTE 60 . 75 CITY OF 12/04-12/04 SOUTHLAKE,TEXAS ORDINANCE NO.480-291 _--" - AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMIPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHGRANTING E, TEXAA ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACTS 1B AND 1B1 SITUATED IN i _ THE JAMES THORNHILL SUR- VEY,ABSTRACT NO. 1505, AND BEING APPROXIMATE- LY 5.0 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICTTO " SIN- GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS S I U`'►�{� CONTAINED IN THIS ORDI- NANCE; v Q+� NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- Sl no SOFTHE oTNINvGORo= >WORN TO BEFORE ME, THIS THE 6th DAY OF DECEMBER 1998 NANCE• DETERMINING THAT THE PUBLIC INTER- a-"✓WZN~b EST, MORALS AND GENER- `-1�e'-'Y`•-"' t -l/�t.�- „I. AL WELFARE DEMAND THE ''`� RhGNJA R. GOKE Notary Public ZONING CHANGES AND d�`�• �`•i.'� AMENDMENTS HEREIN ,.; �` ' MADE PROVIDING THAT �, COMMISSION EXPIIRpE�S THIS ORDINANCE SHALL BE 4i•. •• am SEPTEMBER 1JJJ CUMULATIVE OF ALL ORDI- $ '�?iF......•• : H� TARRANT COUNTY,TEXAS NANCES•PROVIDING A SEV- + ��,� �__- ERABILI'1'CLAUSE-PROVID- ING FOR A PENALTY FOR VI- OLATINS HEREOF,- P OVID NG A SAVINGS I RAV CATI MC'rN T"HE OFOFIR-ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER'AND PRO- VIDINGAN EFFECTIVE DATE.SECTION 7. —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—. — Any person, firm or corpora- tion who violates, disobeys, - neglects,or refuses to com- ply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars I tense.0.00) for each of-tram tense.Each day that a viola- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 viola- tion is permitted to exist shall constitute a separate /' offense. PASSED AND APPROVED BY ACCOUNT C I T 57 AMOUNT ,. \ 7 5 THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX- NUMBER DUE MAAfORR RIDC DECEMBER AC 1,1998 s y,.-?t �` ATTEST: PAGE �i IF ANY QUESTIONS, PLEASE CALL(817)390-7885 �k SANDRA L.LEGRAND, CITY SECRETARY ` AIPROVED AS TO FORM: E:ALLEN TAYLOR JR., - - , CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-9595 THIS AMOUNT 60 . 751 PLEASE WRITE IN AMOUNT ENCLOSED m FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 14117034 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 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 INCH/LINE RATE AMOUNT 11/20ME 14117034 CITY OF SOUTHLAK I358 1x 84L 84 QUOTE 68 . 04 CITY OF SOUTHLAKE, • TEXAS 13t-f->2-4--11<_213. - NOTICE was 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 De- cember 1, 1998, at 7:00 p.m. The meeting will be held in the City Council Chambers of City Hall 667 North Carroll Avenue,South- _.. lake, Texas. Purpose of the hearing will be held regard- - ing the following CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-291 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- AANCE OF THE CITY OFL3? - 3OUTHLAKE, TEXAS' ED 1 Q 3RANTING A ZONING 'HANGE ON A CERTAIN TRACT OR TRACTS OF LAND 22nd NOVEMBER 1998 S� WITHIN E"XAAs CITY LEGAL- SWORN TO BEFORE ME, THIS THE DAY OF DESCRIBED N TRACTS 18 AND 1B1 SITUATED IN �(� /� THE JAMEST ACT NOI L 1505,r' '� ' "N`�"`- " ANS ABSTRACT AT NO. MA E- �s' t RHONDA R. GOKE ! Notary Public AND BEING APPROXIMATE- '•.tit rt-C--4--rat— LY 5.0 ACRES AND MORE 'no FULLY AND COMPLETELY,"45P'.. COMMISSION EXPIRES 1 DESCRIBED IN EXHIBIT "A"' FROM "AG" AGRICULTURAL }s SEPTEMBER 8, 1999J TARRANT COUNTY,TEXAS DISTRICT TO"SE-1A"SINGLE ....-x.s FAMILY RESIDENTIAL DIS- TRICT, SUBJECT TO THE ' SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- CTI THE OFFICIAL ZONING MAP;PRE- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANT E'fHE PUBLIC E MIN N —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�\ — EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE tCUMULATIVE OF ALL ORDI- NANCES-PROVIDING A SEV-dram ERABILITY CLAUSE;PROVID- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ING FOR A PENALTY FOR VI- OLATIONS HEREOF' PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR ACCOUNT AMOUNT PUBLICATION IN THE OFFI- CIALNEWSPAPER AND PRO- VIDING AN EFFECTIVE DATE. SECTION 7. PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 Any person, firm or corpora- tion who violates, disobeys, (� omits, neglects or refuses ( „ DEC ' M �J�U to comply with or who re- L sists the enforcement of any of the provisions of this ordi- nance shall be fined not 1 more than Two Thousand ! Dollars ($2,000.00) for l.1 L each offense.Each day that a violation is permitted to ex-' ist shall constitute a sepa- rate offense. i Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY k . SOUTHLAKE, TX 76092-9595 THIS AMOUNT 68 . 04 PLEASE WRITE IN AMOUNT ENCLOSED