Loading...
480-310CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-310 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINAaNCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND 'vVITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 17 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 5.386 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" 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, 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, thc 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 v, elfare, all in accordance with a comprehensive plan: and L: !CITY DOCSO R D/C ASES',480-310 DOC 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 proprieta~ 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 thctors 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 of parking as detennined by requirements of this ordinance for off-street parking facilities; location of ingress and egress *oints Ibr 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 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. L CI i'YDOCSORD/CASES',480-310 DOC Paec 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public neccssi~' 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 rights of those ~ho 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 sat'ety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- c rox~ding of lan& avoids undue concentration of population, and facilitates the adequate provision o l' transportation, water, sc~ erage, 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 tbund 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 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, I cxas. passed on the 19th day of September. 1989, as originally adopted and amended, is hereby L:'CIT¥ DOCSORD/CASES\480- 310 DOC Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 17 situated in the R. D. Price Survey, Abstract No. 992, and being approximately 5.386 acres, and more fully and completely described in Exhibit "A" t'rom "AG" Agricultura 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 Soathlake, Texas, to reflect the herein changes in zoning. SECTION 3. l'hat 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 fur 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, 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 welfare of the community. They have been designed, ~vith respect to both present conditions and the conditions reasonably anticipated to exist in the fbreseeable 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 tull and complete hearing with reasonable consideration L 'CITY DOCSORD/CASES'480 310 DOC Page 4 among other things of the character of the district and its peculiar suitability for the particular uses and ~ith a vie,,,,' of conserving the value or'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 the terms and pro,,isions 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 enfbrcement of any of the provisions of this ordinance shall be f'med 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 effective date of this ordinance; and, as to such accrued L CITY DOC $ORD\C AS ES\480-310 DOC 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 SecretaD' of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalW 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 ne~vspaper 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 __ ,1999. ATTEST: L ,CITYDOCSORD\CASES',480-310 DOC Page 6 PASSED AND APPROVED on the 2nd reading the /9 day of ~ ,1999. ATTEST: APPROVED AS TO FORM AND LEGALITY: EFFECTIVE:k~/~, ~/.) iq 7 7 /7 L CITY DOCSO R D\C ASES\480-310. DOC Page 7 ~'1'~ [E OF ~fEXAS ('OI NT~ OF DENTON EXHIBIT "A" YVHEREAS JIS, LMY L & DANA S. BOYLES are the o',,,ners ora 5.386 acre tract of land s~tuated in the R D Price Sur~ey, Abstract No. 992 in Denton County, Texas as conveyed b,, deed recorded in Volume 4184, Page 588 of the Deed Records of Denton County, Texas and being the same tract or'land (a called 5.50 acre tract) as com, c:ed to W.D. Bums & wife Dott Bums by deed recorded in Volume 390, Page 551 of the Deed Records of Denton County, Texas and being more particularly described as follows: BEGINNING at a point in the existing pavement of N. White Chapel Blvd. That is S 88°21'5Y' E, 26 72' from a found fence comer and assumed west right-of-way line of said N. White Chapel Blvd., THENCE N 88 '21'53" W passing said tbund fence comer at 26.72' and in all 891.90' along an ex~stmg fence line to a found fence comer at the southwest comer of said Boyles tract; THENCE N 00° 17'47" E along an existing fence line for 257.12' to a found fence comer at the northwest comer of said Boyles tract; THENCE S 89°09'47'' E along an existing fence line passing an existing fence comer at 866.1Y and in all 8903 I' to a point in said existing pavement of N. White Chapel Blvd.; THENCE South along the east line of said Boyles tract for 269.56' to the POINT OF BIEGINNING and CONTAINING 234,618 square feet or 5.386 acres of land. L: ClTYDOCSORD/CA$ ES/480- 310. DOC Page 8 I I.G.BEL~ I W.NEDLIN ~4 % '~x SUR\ TRACT MAP ) AC 4.982 AC TR 4B 1.02 AC Z "AG" TR4A 6 AC Z 'AG J. EVANS J. EVANS M. GRIGSBY "AG" "AG" I "AG" SOUTHLAKE-SOLANA LTD "AG" ADJACENT OWNERS AND ZONING 12 TR 11 J~ 10 AC CITY OF SOUTHLAKE "AG" -CITY OF SOUTHLAKE "AG" 1 52 2 51 5 50 49 48 47 7 ~ 46 8 9 ~o! ,~3 ! FED. I D. NO. 22-3148254 Star-Telegram AD ORDER NO. 15046568 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 STATE OF TEXAS nty of Tarrant u t Before me, a Notary Public in ,a ifo.r s �Ri my and State, this day 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: CITY OF 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 May DATE 18, 1999,at 7:00 m.The DESCRIPTION AD SIZE TOTAL RATE AMOUNT meeting will be held in the INCH/LINE City Council Chambers of• City Hall, .x67 North Carroll 5/07M purpose ofoth e hearngke, xwdl -TY OF SOUTHLAK I358 1x 83L 83 QUOTE 67 . 23 be held regarding the follow- 1/0 7-0 5/0 7 mg: CITY O TE XAS LAKE. ORDINANCE NO.480-310 - AN ORDINANCE AMENDING ORDINANCE NO. 480 AS -. AMENDED, THE COMPRE HENSIVE ZONING ORDI. NANCE OF THE CITY X OF SOUTHLAKE. .. ._.. _.. 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 17 SITUATED IN THE R. D. PRICE SURVEY. ABSTRACT NO. 992 AND BEING AP- PROXIMATELY 5.386 ACRES, AND MORE FULLY t AND COMPLETELY DE- SCRIBED IN EXHIBIT A" • FROM "AG" AGRICULTURAL DISTRICT TO"RE" RESIDEN- TIAL _\� "� ^ �� ESTATE DISTRICT,SUB- JECT TO THE SPECIFIC RE- � `�' QUIREMENTS CONTAINED 10th MAY 1999 IfV SUBS, RECTNGTTHEIOOFFFIICALZOON)RN TO BEFORE ME, THIS THE DAY OF I INN MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE DE- TERMINING THAT THE PUB- >a�P��` Notary Public la. •••15. 1..._, LIC INTEREST,W MORALS R••••••.G r r, RHONDA R. COKE i AND ER WELFARE DE- '•a�rr MAND THE ZONING CHANG •..pf, ES AND AMENDMENTS . '•� COMMISSION EXPIRES 1 HEREIN MADE; PROVIDING lam. r , TARRANT COUNTY,TEXAS THAT THIS ORDINANCE SEPTEMBER 8, 1999 SHALL BE CUMULATIVE OF .•-i+-.._ r IALLNG ORAINANSEV PROVTY ING A SEVERABILITY ..e.:a:, PENALTY F OR NG LAUSE; I VIIOLAT ONS PLE- HEREOF-PROVIDING A SAV- GINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! INGS CAUSE- PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND EAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�j PROVIDING AN EFFECTIVE nATC S • Pue��a�aleS r: ee 4 e astlus 1"4 Pees go ie o fouesZA Oa o z use s IIoO duat eipl awau 4,e a,a47to sdagos° 39,8auwopl of -e�otl�o�Ppswelom o4M uoi 'L u...M_uosJan�... Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 15129912 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C IT 5 7 • TL'E STATE OF TEXAS unty of Tarrant Before me, a Notary Public in fN grkelnty and State, this day 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 INCH/LINE 5/21ME 15129912 CITY OF SOUTHLAK I358 1x 76L 76 QUOTE 61 . 56 CITY OF SOUTHLAKE, 0 5/2 1-0 5/21 TEXAS ORDINANCE NO.480-310 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 TRACT 17 SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT 1 NO. 992 AND BEING AP- IPROXIMATELY 5.386 ACRES, AND MORE FULLY • AND COMPLETELY DE- SCRIBED IN EXHIBIT 'A" FROM "AG' AGRICULTURAL DISTRICT TO"RE"RESIDEN- TIAL ESTATE DISTRICT,SUB- JECT TO THE SPECIFIC RE- NV,-Q OUIREMENTS CONTAINED SIG IN THIS ORDINANCE; COR- RECTING THE OFFICIAL ZON- 24th MAY ING MAP- PRESERVING ALL SL OTHER PORTIONS OF THE DWORN TO BEFORE ME, THIS THE DAY OF , ZONING ORDINANCE- DE- IC TERMI ING THAT T, TMORAL$ -116"4.'R!1Tr'li�!� \ AND GENERAL WELFARE DE- ' •`•". '•: it RHONDA R. GOKE �� MAND THE ZONING CHANG- ES ••.n�� Notary Public `"-• �� . ES AND AMENDMENTS $S•1' - '• COMMISSION EXPIRES HEREIN MADE; PROVIDING �,' r THAT THIS ORDINANCE "' /�:��% SEPTEMBER 8, 1999 ALL ORDINANCES�PIROVIOF + '��F�o„±� TARRANT COUNTY,TEXAS ING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREAV- F NGSOCLAUSEIDPROVIADING OFFICIAL NEWSPAPER; THE ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! DAAND PRTE. AN EFFECTIVE—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------j 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 tof the provisions of this ordi- : note shall be fined not more than Two Thousand ram REMIT TO: 400 W.SEVENTH ST. ••FORT WORTH,TEXAS 76102 ($2,000.00) for each of- fense.Each day that a viola- tion is permitted to exist shall constitute a separate ACCOUNT C I T 5 7 AMOUNT 61 . 56 offense. PASSED AND APPROVED BY NUMBER DUE THE CITY COUNCIL OF THE CITY OF SOUTHLAKE TEX- OF'MAYT1999. 1BTF DAY PAGE], O$ IF ANY QUESTIONS, PLEASE CALL(817)390-7885 MAYOR RICK STACY 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 61 . 56 1 • PLEASE WRITE IN AMOUNT ENCLOSED