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480-315CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -315 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 THE NORTHERN PORTION OF TRACT 1 SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 253, AND BEING APPROXIMATELY 3.093 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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 welfare, all in accordance with a comprehensive plan; and UCITY DOCS \ORD \CASES \480- 315. DOC 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 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 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 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 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, LACITY DOCS \ORD \CASES \480- 315. DOC 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 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- crowding 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 for 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, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby LACITY DOCS \ORD \CASES \480- 315.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 the northern portion of Tract 1 situated in the John Childress Survey, Abstract No. 253, and being approximately 3.093 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. 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 welfare of the community. They have been designed, with respect to both present conditions and r 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 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 full and complete hearing with reasonable consideration L: \CITY DOCS \ORD \CASES \480- 315. DOC Page 4 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 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 zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued U CITY DOCS \ORD \CASES \480- 315. 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 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 Qatm ' 1999. KEim iii MAYO q ATTEST: i CITY SECRETARY L: \CITY DOCS \ORD \CASES \480- 315. DOC Page 6 PASSED AND APPROVED on the 2nd reading the -&— day o 97-1 1999. MAYOR ch ' * S ATTEST: I CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: bw--- CITY ATTORNEY , ADOPTED: EFFECTIVE: LACITY DOCS \ORD \CASES \480- 315. DOC Page 7 EXHIBIT "A" PROPOSED LOT 3 FIELD NOTES BEING A TRACT IN THE JOHN CHILDRESS SURVEY ABSTRACT NO. 253, SITUATED IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS,AND BEING A PORTION OF THE TRACT DESCRIBED IN A DEED TO D.O.FANNING OF RECORD IN VOLUME 2232, PAGE 35, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a 1/2 iron found at the Southerly Southwest corner of a tract out of the above referenced tract as described in a Divorce Decree of record in Vol.10964, Page 815, Deed Records, Tarrant County, Texas,said point being by deed calls, S. 0 21 -W. 626.3 feet, and N. 88 0 -06'- 15" W. 317.5 feet from a stone monument at the Northeast corner of the above referenced Fanning tract; THENCE N. 88 - 06 15 11 W. 277.50 to a point for corner; THENCE N. 1 20 -031 W. 437.81 feet to a point for corner; THENCE N. 42 - 311 -29 W. 75.92 feet to a 1/21 iron found for corner, being the most Easterly Northeast corner of Lot 2, of the J. Childress No. 253 Addition to the City of Southlake, as shown on a plat recorded in Cabinet A, Slide 1966, Plat Records, Tarrant County Texas; THENCE N. 30 140.70 feet along the Easterly line of said Lot 2, to a 1/21 iron found at the Northeast corner of same in the South line of Randol Mill Avenue; THENCE N. 88 - 17 -181 E. 31.32 feet along said South line to a 1/21 iron found in same for corner; THENCE S. 420 - 31 -2911 E. 249.49 feet along a Westerly line of the tract described in Volume 10964, Page 815, above referenced to a 1/4 iron found for corner; THEMCE S. 89 -18' -48 E. 225.09 feet along a Southerly line of the last referenced tract to a 1/2 iron found at a ell corner of same; _ THENCE S.1 57 -39 W. 365.73 feet along the most Easterly Vest line of the last referenced tract to the POINT OF BEGINNING and containing 3.093 acres. LACITYDOCS\OR MCAS ES'.480 -3 I5. DOC Page 8 :re CULYM 3 Z a E moll al J WISM"m Ill W-MMOM.- WE= w SLEEPY HOLL: i Y IS S TR. 1F TR. 1E 85 Ac 1 Ac I 5 Jj O i ( Oil 19A 6 o S. "SF -1 A„ ABOUABDO D.STENGER I 15 12 '9B K. SCHATZ I J. CHARLTON 17A2 I TR.1 G5 2.04 Ac i � i AIL J C R E SS A� DN � 25 *1 N 0 TR.1 G3 1.91 Ac "JA "14T J. TR.1 8.92 Ac TR. i G4 1 D. FANNING "SF +1 A" "AG" TR.2B 15 Ac TR.1 F 6 Ac "AG" 17A1 . I \ e 84 `rD 11 10 9 6, INVOICE Reprint Star-Telegram Customer ID: CIT57 �`-� t �- Invoice Number: 154868521 What do you want to know? .-- Invoice Date: 7/23/99 Terms: Net due in 21 days Star-Telegram Due Date: 7/31/99 400 W.7th Street PO Number: FORT WORTH,TX 76102 Order Number: 15486852 (817)390-7761 Federal Tax ID 22-3148254 Sales Rep: 073 Description: CITY OF SOUTHLA Bill To: CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 I Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 1358 I 77 77 LINT: S2.76 $424.27 Sales Discount ($361.90) Start Date: 7/23/99souTHLAKE, stop Date: 7/23/99 cm OFTEXAS ORDINANCE NO.480-315 AN ORDING I AORDNCE CNO AMENDIN 480, AS Net Amount: $62.37 AMENDED, THE CONIPRE HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE TEXAS(BEING SOUTH- LAKE, EEA - NORTLY HERN IBPORT ON THE OF TRACT 1 SITUATED IN THE JOHN CHILDRESS SURVEY, BEIG ABSTRACT NO. 253, AND APPROXIMATELY 3.093 ACRES, AND MORE THE STATE OF-, FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A County of Tarrant FROM L DI O'A TO G ICU SINGLE FAMILY RESIDENTIAL DIS- Before me,a No TRICT SUBJECT TOTHE RICT lc REQUIREMENTS runty and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the tar Telegram, publish CONTAINED CORRECTINGOTHE c.at Fort Worth,in Tarrant County,Texas;and whi ,frer being duly sworn,did depose and say that the attached clipping OFFICIAL ZONING MAP;PRE Med in the above named paper on t fisted dates: SERVING ALL OTHER POR- TIONS NANC ,. DDONI ETERMIN NG THAT THE PUBLIC INTER EST, MORALS AND GENER- AL WELFARE DEMAND THE SUBSCRIBED AN ZONING CHANGES AND AMENDMENTS HEREIN IE,THIS Wednesday, September 22, 1999. MADE PROVIDING THAT 01111 p /�_THIS ORDINANCE SHALL BE ,"I/l.11Jt1 '// \ICUMULATIVE VI ALL ORDI- P,:AMARIRf�N+ �,�4110, N NCIES PROVIDING A SEV- Notary Publica t �,x o« LITYCLAUSE,PROVID. OR A'PENAI TY FOR VI• • DEBRA ' OLATIONS HEREOF;PROVID- ING A SAVINGS CLAUSE; ,Qa . ,` ; In an PROVIDING FOR PUBLICA- '`= TION IN THE OFFICIAL NEWS- TliaOff .. PAPER,*AND PROVIDING AN 9q« U EFFECTIVE DATE. ,^44C c'.1c6 ,Ic.;'`. 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 ordi- nance shall be fined not Remit To: Star more than Two Thousand Dollars fs2,000.001 for Customer ID: CIT57 each offense.Each day that P.O. st shall costitue permitted sepa- rate offense. Customer Name: CITY OF SOUTHLAKE FOFPTHE COUNCILOOFDTHE CITY CITYF SOUTHLAKE TEX-76101-2051 Invoice Number: 154868521 AS,ON THIS19 THE 20th DAY MOF AYOR RICK STACY Invoice Amount: $62.37 ATTEST: SANDRA L.LEGRAND, CITY SECRETARY PO Number: APPROVED. N T LEAS FORM: ..�..... CITY ATTORNEY OR JR., Amount Enclosed: INVOICE Reptant �t +it• +L Customer ID: CIT57 Invoice Number: 154072511 What do you want to know? Invoice Date: 7/9/99 Terms: Net due in 21 days Star-Telegram Due Date: 7/31/99 400 W.7th Street PO Number: FORT WORTH,TX 76102 Order Number: 15407251 (817)390-7761 Federal Tax ID 22-3148254 Sales Rep: 073 Description: CITY OF SOUTHLA Bill To: CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS NOTIC 1358 1 85 85 LINI S2.76 $468.35 CITY OF SOUTHLAKE, TAS Sales Discount NOTICE wassEEhX[erreeby given to ($399.50) Start Date: 7 tlllie City C uncilo m citlnOff op Date: 7/9/99 1 Southlake, Texas, will be holding a public hearing dur- ing the regular city council $68.85 i meeting to be held on July 20, 1999,at 7:00 p.m.The Net Amount: meeting will be held in the City Council Chambers of City HallP, 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing will be held regarding the follow- ing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-315 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS- THE STATE OF' GRANTINGA ZONING County of Taman CHANGE OR TRACN TS CERTAINLAD WITHIN THE CITY OF SOUTH- LYKEOESCRBEDINAS E THE I Before me,a Not NORTHERN PORTION OF ounty and State,this day personally appeared Tammie,Bryant, Bid and Legal Coordinator, for the Star- Telegram, publish JOHNTCHILDRESS SURVEY nc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping ABSTRACT NO.G 253tin AND lblished in the above named.paper o e listed dates: , ELY 3.093 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG' AGRICULTURAL DISTRICT TO'SF-IA SINGLE FAMILY RESIDENTIAL Dls- Wednesday, September 22, 1999. SUBSCRIBED AN TRICT, SUBJECT TO THE,�1E,THIS -`��c�`�`a7Jlr3`x� SPECIFIC REQUIREMENTS j� (� ,, ^ a � CONTAINED IN THISG ORDI- *,,,r,,"' )n i, Ll�'J'I II,A143 .r+''<' OFFICIALFI ZONING MAP,PRE- ,'lotary Public , a _._ SERVING ALL OTHER POR-.y Public, fl°/ TIONS OF THE ZONING ORDI- Texas ' a k NANCE- DETERMINING V & O a-:..;.. THAT tHE PUBLIC INTER-)1-2000 EST, MORALS AND GENER-, . ThankYififfZONINGFACHANGES D AND �'��U AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE -. CUMULATIVE OF ALL ORDI- NANCES'PROVIDING A SEV- ERABILITY CLAUSE•PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF- PROVIDING A SAVINGS i SCLA Remit To: PUBLICATIONOINHE OF DTOFII- Customer ID: CIT57 CVIDING ANSPAPER EF ECAL f VE DATEE... -AND P SECTION 7. Customer Name: CITY OF SOUTHLAKE Any person, firm or corpora- F ho sfs disobeys, omits, neglects or re . 76101-2051 Invoice Number:. 154072511 to comply with or who re- sists the ns of nt of any Invoice Amount: $68.85 of the provisions of this ordi- nance shall be fined not morethan TwoThousand PO Number: Dollars ($2,000.00) for each offense.Each day that a violation is permitted to ex- [['' """ ist shall constitute a sepa- Amount Enclosed: @$j rate offense. 'Sandra L.LeGrand City Secretary City of Southlake,Texas