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480-306CITY' OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-306 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 IAI SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, AND BEING APPROXIMATELY 9.996 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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, MOI~4LS AND GENERAL WELFARE DEMAND TilE 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 CI. AUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAl. NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlakc. 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 comprchensix c zoning ordinance and map regulating the location and use of buildings, other structures and land tbr 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 wcllhre, all in accordance ~,,ith a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District nnder the City's Comprehensive Zoning Ordinance; and '~, HEREAS, a change in the zuning 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 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 adequac? of width for traffic reasonably expected to be generated by thc 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 poinls 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 thc 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 lhcilities: and, '~X"HEREAS, the Cit.x Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability Ibr 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 lbr 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 rights of those ~*Iqo bought or improved property ~ith 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- 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 or' land reqnested for a change since the tract or tracts of land were originally classified and therefore feels that tine respective changes in zoning classification tbr the tract or tracts of land are needed, are cai lcd 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 SOUIHLAKE, TEXAS: SECTION 1. That Ordinance No. 480. the', Comprehensive Zoning Ordinance of the City of Southlake. I cxas. 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 l'ract 1Al situated in the Larkin It. Chivers Survey, Abstract No. 300, and being approximately 9.996 acres, and more tully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate 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. 'ihat 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 welt: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 adequate light and air; to prevent over-crowding of land: to avoid undue concentralion of population: and ~o facilitate the adequate provision of transportation, water. scxxerage, drainage and surface water, parks and other commercial needs and development of the commtmil,~. Thev have been made after a t'ull 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 communit?. 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 thc tcrms and provisions of this ordinance shall be deemed to be severable and that il' the validit~ of the zoning affecting any portion of the tract or tracts o['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 enlbrcement 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 x iolations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoniog which have accrued at the time of the effectivc 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 nrdinances, same shall not be affected by this ordinance but may be prosecuted until final disposition b) 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 seuing 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 ne~spaper 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 fnll three and effect from and after its passage and publication as reqnired b.x lax~, and it is so ordained. PASSED AND APPROVED on the 1st reading the g day of ~}~, 1999. Page 6 PASSED AND APPROVED on the 2nd reading the __~ day~ , 1999. ATTEST: APPROVED AS TO FORM AND LEGALITY: CFI'Y ATTORNEY EXHIBIT 'A" SITUATED in the City of 5outhlake,'Tarrant County, Texas, and being o tract Of land in LARKIN H. CHIVERS SURVEY, Abstract No. 3(X), and being that some tract ,o~ conveyed to Tdgg D, and Tract D. Moore by deed reccx'ded in Volume 13447~ of the Tc~Tant County Deed Records, and said tract being mC~'e full~ desk_ follows: BEGINNING at the northwest corne~' of said Moore tract in the center of North White Chapel Boulevard {County Road No. 3016), said point being by descriPtion in the ,weir line of said Chive~s Survey, 415.28 feet South from the northwest camel' of said and being also in the east line of the James J. West survey, AbstracfN?: },6,2~,, ...... THENCE Norl'n 89 degrees, 44 minutes. 50 seconds East (Im:~e becking platl with the nc~h line of said /Vloc~e tact, at'25.3 feet passing a 5J~" p~pe fogn~j.~ place in the east line of said road, at 42.0 feet passing the southwest comer of kot Block 1. Amaya Addition. as shown on plat thereof recorded in Volume 3J~-170, Pa~ 32. ct the Tc~ant Co~Jnty Plat Records, and continuing with the south line of said L~ J,-,B and Lots 2R~1 and 2R-2, said Block 1, as shown on plat in Cabinet A, Sffde !320. Records, Lob 3-A and 3-B, in said BIo~k 1, as shown on plat in Vdlurr~ 388-149, Pa~7,'.. of said I:~at Records, and Lots 4R-1 ~d 4R.-2, in said Block 1, as shown ~n plat inC~t A, Slide 1625, of said Plat Records, in all 956.26 feet ia a 1/2" pipe found in-Place',f,0t northeast comer of said Moo~e tract and a nc~-thwest corne¢ of th?t certain:~.i conveyed to Howard Brian Way'land by deed recorded in Volume 7438. Page 8~, .~..~T~ said Deed Recorc;Ls; .... ;: THENCE South 0 degrees. 16 minutes West with the east kine of said Moore tract a'nd west line of said Way,and tract, 455.75 feet to a 1/2" iron rod found in place f~' the southeast comer, of said Moc~e tract and an "L" comer in said Wayland tract; THENCE North 8<? degrees, 42 minutes. 20 seconds West with tho south ~ tract, with the mast southerly north line O~ ~aid Waytand tract, passing.~ northwest cc~ner of said Waytand:troc't and the ncxiheast corner ".o{. o vwed to c-e ge 3 deed. ecorded in 633, of said Deed R&cOrds, continuing vatb the no-th line of said Davis passing o 60d nail in Said east line of Nc~th White Chapel 8outevarcl, alt 955.98 feet to the sauthwesf comet of said Moore Ir'act in said description being In rne west Line of Saki Chivers Su, wey;, ................ THENCE North 0 de~ees. ;3 n'dm~t®$: ~0 seconds East in saki road, oo.e tract by. the 2~ 194 k A-1620 SURVEY TRACT MAP A.CHI¥,ERS SURVEY A-299 TR 1D .97 AC ~.05 AC 'R 1F 2 AC TR IJ 1.75 AC "S-P-2" WESTERRA SOUTHLAKE LP CITY OF SOUTHLAKE TR 1F 32.231© "SF-1A" TR 11.33 AC W. DAVIS ADJACENT OWNERS AND ZONING H. WAYLAND Star-Telegram rtU I.U. NU. LL U14t5Lb4 AD ORDER NO. 14789856 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 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: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH.LINE RATE AMOUNT 3/26ME 14789856 CITY OF SOUTHLAK I358 1x 74L 74 QUOTE 59 . 94 CITY OF SOUTHLAKE, 03/26-03/26 TEXAS ORDINANCE NO.4*0-306 AN ORDINANCE 480DING 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- LYKDESCRIBEDEAS TRACT 1A1 SITUATED IN THE LAR- KIN H.CHIVERS SURVEY,AB- STRACT NO. 300 AND BE- ING APPROXIMATELY 9.996 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT 'A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ES- TATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIRE- S' ���� MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING 0 HEI 29th MARCH 99 S0 PORTIONS OF THE TONING WORN TO BEFORE ME, THIS THE DAY OF ORDINANCE; DETERMINING AUb71--etet-, � THAT. THE PUBLIC AND INTER _-xt~�, .EST, MORALS AND rt;NER: "1'9�V RHONDA R. GOKE W. AL WELFARE DEMAND THE V...Y. %� NotaryPublic ZONING CHANGES AND '^�rir AMENDMENTS HEREIN „ i• COMMISSION EXPIRES . MASS/ PROVIDINGL THAT .'va. SEPTEMBER 8 1999 THIS ORDINANCE SHALL BE �'.11(1. �j• .�t:' CUMULATIVE OF ALL ORDI- r 11 1.*.(5= TARRANT COUNTY,TEXAS NANCES•PROVIDING A SEV- ERABILI IY CLAUSE'PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF' r PROVIDING A SAVINGS ° CLAUIC/\TIONOVDING OOIR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! PIN THE CIAL NEWSPAPER'AND PRO- - VIDING AN AN EFFECtIVETION DATE. —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A 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 ordi- nance shall be fined not t more than Two Thousand ram Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ist shall constitute a sepa- PASSED AND APPROVED BY ACCOUNT C I T 5 7 AMOUNT 59 . 94 THE CITY COUNCIL OF THE NUMBER DUE CITY OF SOUTHLAKE, TEX- MAYOR R CK STMARCHACY'1999 ATTEST: SANDRA L. LEG- PAGE1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 RAND,CITY SECRETARY APPROVED AS TO FORM; E. ALLEN TAYLOR JR.,CITY AT- TORNEY CITY OF SOUTHLAKE CTY SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 16. SOUTHLAKE, TX 76092-6412 THIS AMOUNT 59 . 941 PLEASE WRITE IN AMOUNT ENCLOSED rtU. I.U. NU. ZZ-j14t)ZO4 Star-TelegramAD ORDER NO. 14 6 8 2 6 6 0 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 THE STATE OF TEXAS , -)unty of Tarrant ".;fore 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 3/06ME 14682660 CITY OF SOUTHLAK I358 1x 83L 83 QUOTE 111 . 22 �, 03/06-03/06 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 March 23,1999,at 6:00 m.The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas.I Purpose of the hearing will be held regarding the follow- ing: CITY OF SOUTHLAKE TEXAS ORDINANCE Nd.480-306 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING S CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- 8th MARCH 1999 J� LAKE,TEXAS BEING TRACT SWORN TO BEFORE ME, THIS THE DAY OF 1A1 SITUATED IN THE LAR- �q�q�-�.•�,e,�,e,�,�,` �~s,q.� V� KIN H.CHIVERS SURVEY,AB- 0 _��� "h 1Y11\^`11 1 �•-� /� Y. STRACT NO. 300 AND BE- ING APPROXIMATELY 9.996 O:' e:�+, RHDNDA fZ. GOIN4tary Public ACRES, AND MORE FULLY -. 4- •-may AND COMPLETELY DE- i�•� COMMISSION EXPIRES # SCRIBED IN EXHIBIT A' ,'4,r FROM AG' AGRICULTURAL c� DISTRICT TO RE" SINGLE i9r,: ....•. .:,+f SEPTEMBER 8, 1999 p TARRANT COUNTY,TEXAS FAMILY RESIDENTIAL ES- h,.q �= TATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE; CORRECTING T ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING I—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------ATHAT THE PUBLIC INTER- - 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- ram ING FOR CLAUSE'PROVID- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 I ING FORA PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS! CLAUSE; CATIONIN PROVIDING THE OF FIR- ACCOUNT C I T 5 7 AMOUNT 111 . 22 PUBLICIAL NEWSPAPER,'AND PRO- NUMBER DUE VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm disobeys,firm or corpora- ti on who PAGE1 011 IF NIY QUESTIONS, PLEASE CALL(817)390-7885 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 `y , , .,F SOUTHLAKE CTY SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE, TX 76092-6412 THIS AMOUNT 111 . 22 PLEASE WRITE IN AMOUNT ENCLOSED