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480-302CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-302 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 1A1A2B AND IA1A2C SITUATED IN THE BEN J. FOSTER SURVEY, ABSTRACT NO. 519, AND BEING APPROXIMATELY 4.279 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. 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 x~el~hre, all in accordance with a comprehensive plan: and Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and ~'HEREAS, 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 Ci.ty 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 l:acilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationaD' 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 tbr 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 welthre; 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 thcilities: and. WHEREAS, the City Council of the City of Southlake, Texas, further considered among 0 her hines 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. Page 2 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 in,,estment 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- crop, ding 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 Ibr a change since the tract or tracts of land xvere 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 of Southlake, l'exas, passed on the 19th day of September. 1989, as originally adopted and amended, is hereby Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 1A1A2B and 1AIA2C situated in the Ben J. Foster Survey, Abstract No 519, and being approximately 4.279 acres, and more fully and completely described in Exhibit "A" from ~'AG" Agricultural District to "SF-1 A" 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 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 x~elfare 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 adeqnate 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 Pagc 4 among other things of the character of the district and its peculiar suitability for the particular uses and u, ith 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 or'this ordinance shall be deemed to be severable and that if the validit~ of the zoning affecting m~y 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. 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 ×oning which have accrued at the time of the effective date of this ordinance; and, as to such accrued / ( IFy[IoCS/ORD',CASES'~480 302 WpD Page 5 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 /~ __ day of ~, 1999. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day of//~g~, 1999. MA~'OR ATTEST: C~ITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY EXHIBIT "A" METES AND BOUNDS for A tract of land situated in the B. J Foster Survey, Abstract 519, County of Tarrant, according to the Clerks File # D196192323, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the intersection of the east line of Randol Mill Ave, (PJW) and the north line a 60' wide Road Easement as recorded in Volume 10634, Page 104 of the Deed Records of Tarrant County, Texas; THENCE N 00° 25' 23' W along said east line of Randol Mill Ave for 561.46' to a point; THENCE N 89° 30'00" E leaving said east line for 332.00' to a point; THENCE S 00° 25'23' E for 561.46' to a point in the said north line a 60' Road Easement; THENCE S 89° 30'005N along said north line for 332.00' to the POINT OF BEGINNING and CONTAINING 186,405 square feet or 4.279 acres of land. Page KELLER CITY LMIT TRACT MAP :; .... '-"?'~ R. P TR 6A1 26.405 AC 3.9244 TR. 1AIA1 10.33 Ac D. PRENTICE , . ~.TR.1A1A TR.SBIA TR.6B1 1Aca 1 Ac TR.6B2 2 Ac TR.1A1A2C G. MASSIE TR.1A1A2 TR.1A1A2D 2.14 Ac 2.14- Ac 2.14 Ac TR.6B3 ~ 2 Ac TR.6B4- TR.6Bll 6.44 Ac V. CLARK TR.1A1A3 11.5 Ac .974 ADJACENT OWNERS AND ZONING Star-Telegram AD ORDER NO. 14682668 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS ")unty of Tarrant "afore 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: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE INTOTAINE RATE AMOUNT 3/06ME 14682668 CITY OF SOUTHLAK I358 1x 76L 76 QUOTE 101 . 84 CITY OF 03/06-03/06 SOUTHLAKE TEXAS _, ORDINANCE NO.480-302 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY Or 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 TRACT 1AJA2B AND IA1A2C SITU- ATED IN THE BEN J.FOSTER SURVEY, ABSTRACT NO. 519 AND BEING APPROXI- MATELY 4.279 ACRES,AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT 'A' FROM "AG' AGRI- CULTURAL DISTRICT TO'SF-I 1A" SINGLE FAMILY RESIDENTIAL DISTRICT c i SUBJECT TO THE SPECIFIC J egrelgt1A;N:\g&S. _ REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE; CTING THE OFFIC AL ZONING MAP;PRE- 8th MARCH 1999 0% SERVING ALL OTHER POR- SWORN TO BEFORE ME, THIS THE DAY OF THAT THOF E ZONING TER- NANCE: DETERMINING �-Q)\ IEST, OR PUBLICAND INTER- / �-��/,y ^EST, MORALS AND GENER- �� c9;Jlr tary Publict�4'- ` t?__J;-0,--, AL WELFARE DEMAND THE r Y'� RHONDA R. GOK� ZONING CHANGES AND 4, --- i AMENDMENTS HEREIN ''. �• COMMISSION EXPIRES MADE PROVIDING THAT ,,, SEPfEMBER $ TARRANT COUNTY,TEXAS THIS ORDINANCE SHALL BE 1999 , CUMULATIVE OF ALL ORDI- NANCES-PROVIDING A SEV- ERABILITY CLAUSE•PROVID- �_� ING FOR A PENALTY FOR VI- OLATIONSRI A HEREOF, PROVIDING CLAUSE; PROVIDING FOR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PUBLICATION IN THE OFFI- VIDINGEANSEFFECTIVE DATTEE.L�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 or who re- sists the enforcement of any of the provisions of this ord- nance shall be fined not more than Two Thousand ram Dollars ($2,000.00) for each offense.Each day thatREMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 a violation is permitted to ex- ist shall constitute a sepa- rate offense. ACCOUNT C I T 5? AMOUNT 101 . 84 PASSED AND APPROVED BY NUMBER DUE THE CITY COUNCIL OF THE CITY OF,SOUTHLAKE, TEX- -- MAYOR RICK RSTACYCH 1999 PAGE1 011 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR,JR., CITY ATTORNEY CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-6412 , THIS AMOUNT 101 . 84 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram t EU. I.U. NU. 21 314tf54 AD ORDER NO. 14 5 8 7 3 8 9 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS ;ounty 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 INCH/LINE RATE AMOUNT 2/19ME 14587389 CITY OF SOUTHLAK I358 Ix 84L 84 QUOTE 68 . 04 CITY OF SOUTHLAKE. 0 2/19-0 2/19 TEXNOTICE 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 March 2, 1999, at 6:00 p.m. The meeting will be held in the CCity Hall,ncil Chambers 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing will be held regarding the follow- Ing CITY OF EXASS LAKE, ORDINANCE NO.480-302 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- .. HENSIVE ZONING ORDI- C NANCE OF THE CITY OF SOUTHLAKE, TEXAS; 1CtC�\ GRANTING A ZONING S I G N 'c i.. ; `t\.\'c Cti� CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN IIKE TTHE EXASITY BEING F SOUTH - 22n FEBRUARY 1999 SU LY DESCRIBED As TRACTS ;WORN TO BEFORE ME, THIS THE �AY OF 1 1A1A2B AND 1A1A2C SITU- .,,,�,� ATED IN THE BEN J.FOSTER SURVEY, ABSTRACT NO.519 AND BEING APPROXI- LOKE fl Notary Public 4NAMeL4_ [\)=—.1Lit).2_, MATtLY 4.279 ACRES,AND MORE FULLY AND COM- " (. '` ,l ;' ''d EXPIRES 0 PLETELY DESCRIBED IN EX- HIBIT - HIBIT 'A FROM "AG AGRI- SEPTEKiBER , 199910 CULTURAL DISTRICT TO SF- _ TARRANT COUNTY,TEXAS 1A- SINGLE FAMILY RESIDENTIAL DISTRICT SUBJECT TO THE SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- P NANCALZONIECTMAP;ING PRE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OFFISERVING ALL OTHER POR- , TIONS OF THE ZONING ORDI- NANCE; DETERMINING TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----j _ THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE, ZONING CHANGES AND AMENDMENTS HEREIN MADE- PROVIDING THAT f THIS ORDINANCE SHALL BE iCUMULATIVE OF ALL ORDID- NANCES•PROVIDING A SEV- ram ERABOR CLAUSE FOR VI- ' REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 Stc ING FOR A PENALTY FOR VI- OLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ACCOUNT C I T 5 7 AMOUNT 68 . 04 PUBLICATION IN THE OFFI- CIAL NEWSPAPER,:AND PRO- DUE VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora PAGE1 ( IF ANY QUESTIONS, PLEASE CALL(817)390-7885 tion who violates,disobeys, omits, neglects or refuses to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. Sandra L.LeGrand, City Secretary CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 68 . 041 PLEASE WRITE IN AMOUNT ENCLOSED