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480-296CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-296 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TE.N2~,S; GRANTING A ZONING CHANGE ON A CERTAIN TILatCT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 2C1 AND 2C1DI SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, AND BEING APPROXIMATELY 6.967 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 OFF1CIAL 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. l'cxas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XL Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code: and. WHEREAS, pursuant to Chapter 211 of tine Local Government Code. the City has thc authority lo 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 x,~clt~are, all in accordance with a comprehensive plan: and L; CITYDOCS ORD CASES 480 296 WPD Page 1 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 tbllowing 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 thc vehicular and stationaD' lights and effect of such lights on established character of thc neighborhood: location, lighting and types of signs and relation of signs to traI:fic 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 tbr parking and oft:street loading spaces, and protection of public health by surt:acing on all parking areas to control dust; effect on the promotion of health ad the general welfare: effect on light und air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sevYerage, 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 lYr particular uses and the ¥ie'~¥ to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City: and. Page 2 WHEREAS, the City.' Council of the City of Souttflake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires thc amendments, and that the zoning changes do not unreasonably invade the fights 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 fin-e, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crop, ding of land. avoids tmdue concentration of population, and facilitates the adequate provision ol'transportation, water, se~erage. schools, parks and other public requirements; and, '~¥HEREAS, the City Council of the City of Southlake. 1Texas, 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 tbr a change since the tract or tracts of land were originally classified and therefore t'eels that thc respective changes in zoning classification for the tract or tracts of land are needed, are called [br, 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 1T 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 thc 19th day of September. 1989. as originally adopted and an~ended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 2C1 and 2C1D1 situated in the A.A. Freeman Sup,'ey. Abstract No. 522. and being approximately 6.967 acres, and more fully and completely described in Exhibit "A' from "AG" Agricultural District 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. Fbat in all other respects the t~se 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 tbr the City of Southlake. Texas. All existing sections, subsections. paragraphs, sentences, ~vords, phrases and definitions of said Zoning Ordinance are not amended hereb?~ but remain intact and are hereby ratified, verifie& 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 v, elthre of the community. They have been designed, with respect to both present conditions and the conditions reasonabl? anticipated to exist in the ~breseeable 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, se~erage, 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 ol'land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the en/brcement of any of the provisions of this ordinance shall be fined not more than ]wo Thousand Dollars ($2.00000)/'or 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 ~ iolations 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, san~e 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 ~ _ day o~,1999. g / ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ]9 day ~, 1999. ~40e ~.O.o'?~z ATTEST: ~ '~.~4 ~ APPROVED AS TO FORM AND LEGALITY: EFFECTIVE:~/ ~~]/~ EXHIBIT "A" FIELD NOTES Description for a tract of land in the A. A. FREEMAN SURVEY, ABSTRACT NUMBER 522. City of South[ake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to Fred Joyce and wife, Wanda J. Joyce, recorded in Volume 4937, Page 530, Deed Records. Tarrant County, Texas, together with a portion of a tract of land described in a deed to Fred Joyce, recorded in Volume 6807, Page 787, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows: BEGINNING at a 5/8" iron pin found in the west line of Southridge Lakes Parkway for the most easterly northeast comer ofsaidlraci:described in Volume 4937, Page 530, and for the southeast comer of Lot 1, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1786, Plat Records, Tarrant County, Texas; THENCE South 00 degree 39 minutes 43 seconds West a distance of 148.09 feet along the west line of Southridge Lakes Parkway to an axle found for an angle point in the east line of said tract described in Volume 4937, Page 530; THENCE South 00 degree 07 minutes 24 seconds West a distance of 157.57 feet continuing along the west line of Southridge Lakes Parkway to an 1/2" iron pin found for the southeast corner of said tract described in Volume 4937, Page 530, and for the northeast corner of Lot 98, Block 3, SOUTHRIDGE LAKES, Phase VI, according to the Plat recorded in Cabinet A, Slide 1434, Plat Records, Tarrant County, Texas; THENCE South 89 degrees 16 minutes 33 seconds West a distance of 1,132.76 feet along the south line of said tract described in Volume 4937, Page 530, and along the south line of a said tract described in Volume 6807, Page 787, to a 5~8" iron pin found in the east line of Peytonville Road; THENCE North 07 degrees 01 minutes 00 seconds East a distance of 238.80 feet along the east line of Peytonville Road to a 5/8" iron pin found in the north line of said tract described in Volume 6807, Page 787; THENCE North 89 degrees 21 minutes 40 seconds East a distance of 540.06 feet to a 518" iron pin found for the northeast comer of said tract described in Volume 6807, Page 787, and in the west line of said tract described in Volume 4937, Page 530; THENCE North 01 degree 36 minutes 23 seconds East a distance of 7022 feet along the west line of said tract described in Volume 4937, Page 530, to a 5/8" iron pin found with cap marked, "SEMPCO" for the southwest corner of Lot 3-R, Block 5, SOUTHRIDGE LAKES, Phase VII, according to the Plat recorded in Cabinet A, Slide 1931; THENCE North 89 degrees 18 minutes 56 seconds East a distance of 56359 feet along the south line of said Block 5 to the POINT OF BEGINNING, said described tract containing 6.967 acres of land. Page 8 '513 TRACT MAP qC-~ SLITVEY TR.2B4 1.63 AC TR.2B~E 1.43 AC // G spr~rlUTI )~V "SF- 1A' G JOYCE TR2CID1A 1R 8.466 K. LEDBETTER 3.10¢ ¢ 12R ~3 14 IIR 120O AUGUSTINE CT E NELSON BOWIE CT ~c G SMILEY MANNING 1200 L STOKDYI< ~0 CONCH0 ~ PECOS DR z POLASKI T JUMPER ,-4%., RAWFOR 87R 86 84 ADJACENT OWNERS AND 70NING s_ _= 54 69 71 72 7'* Star-Telegram FED. I.D. NO• . 22-3148254 14 3 3 7 2 6 9 AD ORDER NO. • 1 C I T 5 7 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. —HE STATE OF TEXAS Runty 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 1/08ME 14337269 CITY OF SOUTHLAK I358 I 84L 84 QUOTE - = • 1 ' CITY OF 01/08-01/08 I SOUTHLAKE,TEXAS 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 Janu- ary 19, 1999,at 6:00 m. The meeting will be held in the City Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing will be held regarding the fol- - - lowing: CITY OF SOUTHLAKE TEXAS ORDINANCE Nd.480-296 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- NANC ZONINGORDI- NANCE T OF THEEOF CITY OF SOUTHLAKE, TEXAS SI GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- 1 1 th JANUARY 1999 S LYKDESC IRBED ASGTRAC S SWORN TO BEFORE ME, THIS THE DAY OF 2CI AND 2C1D1 SITUATED IN THE A.A. FREEMAN SUR- VEY, ABSTRACT NO. 522, . �R,T.4' NotaryPublic AND BEING APPORXIMATE- ?�``" ••`•°:,a E'�HC'�t7A R. GOKE � � LY 6.967 ACRES, AND MORE FULLY AND N EX- '. *y COMMISSION EXPIRES HLETE DESCRIBED IN RI- +iitN; CUBIT "A" SM AG" "SF- t''- /\ ''"' SEPTEMBER 8 1999 CULTURAL DISTRICT TO •4q.. ., '+:� TARRANT COUNTY,TEXAS lA" SINGLE FAMILY �h,,,,,I. ' RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- OFFICIALZONINGMAP;PRE ; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! SERVING ALL OTHER POR- TIONS NANC O- THE DETERMINING TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A ORDI- NANCE, DETERMINING l� — THAT 'THE PUBLIC INTER- - ----------- - EST, MORALS AND GENER- AL WELFARE DEMAND THE ' ZONING CHANGES AND AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- I NANCES-PROVIDING A SEV- FOR ACLAUST•PROVID- ING REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 FOR PENALTY FOR VI- rain PROVIDING A SAVINGFS� CIT5? - 1 ' CLAUSE;PU PROVIDING FOR ACCOUNT AMOUNT C ABL NEWSPAPER;N ND PRO- NUMBER DUE VIDING AN EFFECTIVE DATE. `-.., ` SECTION 7 ]]� PAGE Any person, firm or corpora- f 1 OF IF ANY(-44L5T1ONS, -; ASE GALL(817)39t-7t: • lion who violates, disobeys, omits, neglects or refuses S - , y to comply with or who re- w ti of th he sn of nt o rdi- \ ') of the provisions of this any (� a. nance shall be fined not more than Two Thousand 1 .-' Dollars ($2,000.001 for each offense.Each day that t a violation is permitted to ex- ,, ` ist shall constitute a sepa- rate offense. Sandra L.LeGrand "y Secretary_ CITY OF SOUTHLAKE 't"' 667 N C A R R O L L A V E PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT, 68 . 04 1 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. ID. N . 41414918 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 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 1/22ME 14414918. CITY OF SOUTHLAK I358 1x 77L 77 QUOTE 62 . 37 CITY OF SOUTHLAKE, 01/2 2-01/2 2 TEXORDINANCE NO.480-296 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 LEGAL- LY DESCRIBED AS TRACTS 2C1 AND 2C1D1 SITUATED,___. IN THE A.A. FREEMAN SUR- VEY, ABSTRACT NO. 522, AND BEING APPROXIMATE- . LY 6.967 ACRES, AND MORE FULLY AND COM • - CU TELY URAL DISTRICT IN EEX- HIBIT "A' FROM "AG' AGRI- CULTURAL DISTRICT TO'SF- • ' 1A' SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC; SIG REQUIREMENTS CON- TAINED IN THIS CEE; CORRECTING THEORDI- NANCE; 25th JANUARY 1999 SL SERVING ALILI OTHER'POR=SWORN TO BEFORE ME, THIS THE DAY OF , TIONS OF THE ZONING ORDI-• NANCEi DETERMINING - THAT THE PUBLIC INTER- 04%, EST, MORALS AND GENER- ' h - -� .&- • �_. AL WELFARE DEMAND THE '•fig RHONDA R. GOKE Notary Public ,Z'r, ZONING CHANGES AND i AMENDMENTS HEREIN `.i,;:, V. i'q COMMISSION EXPIRES I MADE- PROVIDING THAT I'Pi THIS ORDINANCE SHALL BE rh�i�..,,-L..4:1 SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS CUMULATIVE OF ALL ORDI- I h,ot� r NANCES'PROVIDING A SEV- ERABILITY CLAUSE'PROVID- ING FOR A PENALTY FOR VI- i PLATINS HEREOF; OVID NG A SAVINGS CLAUSE; PROVIDING FORIORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PUBLICATION IN THE OFFI- VIDING AN EFFECTIVE DATE TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A -- SECTION 7. Any person, firm or corpora- - tion who violates, disobeys, omits, neglects or refuses • to comply with 'orwho re- sists the enforcement.of any tof the proV$fans of this ordi- nate She be tined not ram more thin Two Thousand REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 .teach offense.se.Each day that a violation is permitted to ex- 62 . 37 ist shall constitute a sepa- ACCOUNT C I T 5 7 AMOUNT rate offense. NUMBER DUE PASSED AND APPROVED THIS THE 19th DAY OF JANU- ARY 1999, DURING THE REGULAR CITY COUNCIL 4IF ANY QUESTIONS, PLEASE CALL(817)390-7885 MEETING OF THE CITY OF' PAGE1 SOUTHLAKE TEXAS MAYOR RICK SCTACY IATTEST:SANDRA L. • L GRAND CITY SECRETARY :APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., . • CITY ATTORNEY CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY , 62 . 37 THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED