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480-317CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-317 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 8, 9, 18, AND 19, SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING APPROXIMATELY 63.43 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 lN 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 mnend 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 WHEREAS, the hereinafter described property is currently zoned "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 N:/COMMIJNITY DEVELOPMENT/WP FILES/ORDINANCES/CASESI4g0-317 DOC Page 1 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 properly; 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, 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 N:ICOMMIJNITY DEVELOPMENT/WP-F[LES\ORDINANCESiCASES\4$0'317.DOC Page 2 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 8, 9, 18, and 19, situated in the R. D. Price Survey, Abstract No. 992, and being approximately 63.43 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. N:/COMMUNITY DEVELO?MENT/WP-FILES/ORDINANCES/CASES/48(~317.DOC Page 3 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 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 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, N:\COMMUNITY DEVELOPMENT/WP-FILES\ORDINANCES/CASES\480 317 DOC Page 4 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 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 N:/COMMUNITY DEVELOPMENT/WP FILES/ORDIN ANCESICASESt480-317DOC Page 5 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 ~enalty, 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 0~ day o~l~, 1999. ATTEST: PASSED AND APPROVED on the 2nd reading the __ ~ day of ff .~2000. M'-'AY6R ATTEST: Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED:/J ~ 4! Page 7 EXHIBIT "A" BEING all that certain lot, tract, or parcel of land situated in the R. Price Survey Abstract Nt;mber 992 in the City of Southlake. Denton County, Texas, being a part of that certain "First Tract" and all of that certain "Second Tract" conveyed by deed from Gar,is Doyle Gilbert to Mao.' Veda Gilbert, recorded in Volume 3232. Page 515 and ali of that certain tract of land corn,eyed by deed from June Jones Jr. to Darwin La-me Jones et al recorded in Volume 2426, Page 284, Real Property Records, Denton County, Texas, and being more. particularly described ai follows: BEGINNhNG at an iron rod found for comer in the east line of the J. Henry Su~ey Abstract Number 52g and in the. west line of said Price Survey Abstract Number 992, said point being the northwest comer of that certain tract of land conveyed by deed from W. B. Downing to the City of Sunthlake recorded in Instrument No. 0066058, Deed Records, Denton County, Texas; THENCE N 00deg 00' 14" W, 677.15 feet with said common Survey line to an iron rod found for comer; THENCE EAST, 1335.15 feet with Bob Jones Road, a public roadway, to an iron rod found for comer; THENCE S 00deg 00' I0" E, 677.22 feet to an axle found for corner,; THENCE S 89deg 39' 20" E, 1857.31 feet to a fence comer for comer in the west line of White Chapel Road, a public roadway; Tb_ENCE S 00deg 24' 20" W, 674.18 feet with said west line of said White Chapel Road to a fence comer for comer; THENCE N 89deg 37' 44" W, 2540.89 feet to an iron rod found for comer, said point being the southeast comer of that certain tract of land conveyed by deed from June Jones to Linnie Johnson, recorded in Volume 373, Page 195, Deed Records, Denton County, Texas: THENCE N 00deg 06' 04" E, 211.63 feet with the east line of said Johnson tract to a fence comer for comer, said point being the northeast coruer of said Jolmson tract; THENCE N 89deg 53' 56" W, 420.00 feet with the north hne of said Johnson tract to an iron rod tbund for comer in T. W. King Road, a public roadway; THENCE N 25deg 25' 34" E, 43.12 feet with said T. W. King Road to an iron rod found [HENCE N 25deg 25' 35" E, 46.92 feet with said T. W King Road to an iron rod found t'or comer; THENCE N 23deg 03' 04" E, 300.57 feet with said T. W. King Road to an iron rod found for comer;, TI-IENCE N 07deg 50' 45" E, 99.46 feet with said T. W. King Road to an iron rod found for comer in the northeast comer of said W. B. Downing tract; THENCE N 89deg 58' 40" W, 397.17 feet with the north line of said W. B. Downing tract to the POINT OF BEGINNING and containing 63.43 acres of land, more or less. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 164572271 FORT WORTH,TX 76102 Invoice Date: 1/7/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/00 ill To: PO Number: CITY OF SOUTHLAKE Order Number: 16457227 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 1/7/00 -ITY OF SOUTH_LAKE,TEXAS ORDIN 1358 1 76 76 LINE $5.51 $418.76 I CITY OF ORbIONANCLE NO 80 317 ($357.20) wles Discount'AORDIRNANCE NO'AMENDING 40 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF GRANTING E. A ZONING $61.56 CHANGE ON A CERTAIN Net Amount: TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACTS IND N THE R 8 DN PRICE SURVEY,, ABSTRACT NO. 992, AND BEING APPROXIMATELY 63.43 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG'; AGRICULTURAL DISTRICT TO SF-1A" SIN- GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE' DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE THE STATE I ZONING CHANGES AND AMENDMENTS HEREIN County of Tal MD AEbRDINANCE 8 THAT HA BE CUMULATIVE OF ALL ORDI- Before me,a EaB,uSTY cLOAusE PRowo_aid County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,pul OLATIONS PENAL HEREOF•irn, Inc.at Fort Worth,in Tarrant County, Texas;and who,aft ing duly sworn,did depose and say that the attached clipt PROVIDIINGPRowDING SAVI SAVINGS published in the above named pap on e listed dates: CLAUSEFOR PUBLICATION IN THE OFFI CIAL NEWSPAPER'AND PRO- MING AN EFFECENE DATE. SECTION 7. dAny person, firm or corpora- SUBSCRIBEot1O,nn who violates,gs disobeys,)RE ME,THIS Monday,Janua 10,2000. r refuses si to e comp with or who re- sists �-I��\„ sts the enforcement of any J/!/ of the provisions of this ordi- Notary i nance shall be fined not ry Public more than Two Thousand Dollars (S2,000.00) for __ ____ ___ each offense.Each day that _ DAWN . KUYKENDALL a violation is permitted to pa- r ist offehall constitute a sepa- COMMISSION EXPIRES rate offense. �` PASSED AND APPROVED .I,%\I THIS T E 4TH DAY DURINGF THE �, ►,.. SEPTEMBER 13,2003 hank Yc REGULAR CITY COUNCIL nent MEETING. - - -- - - ---- - -- MAYOR:Rick Stacy --——— ATTEST: Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: Wayne K.Olson, City Attorney ''_emit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 164572271 Invoice Amount: $61.56 PO Number: Amount Enclosed: 3 µ f INVOICE t. Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 161222141 FORT WORTH,TX 76102 Invoi ee Date: 11/5/99 817)390-7761 Terms: Net due in 21 days ederal Tax ID 22-3148254 Due late: 11/30/99 Bill To: ry 1 t Y,.uer: CITY OF SOUTHLAKE Orde Number: 16122214 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales, ep: 073 Description: CITY OF SOUTHLA StartPate: 11/5/99 1 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE.TEXAS NOTIC I358 1 84 84 LINE $5.51 $462.84 i. _CITY OFSOUTHLAKE, ($394.80) Sales Discount I NOTICE was hereby given to all interested.persons that t ' the City Council of the City of I1 Southlake, Texas, will be holding a public hearing dur- ing the regular city council meeting to be held on De- cemberAmount:7, 1999, at 7:00 m. The meeting will be held in the City Council Chambers of City Hall 667 North Carroll Avenue,South- ' lake,Texas. Purpose of the hearing will be held regard- ing the following CITY OF OUTHLAKE. ORDINANCE NO.480-317 I AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF y SOUTHLAKE, TEXAS; r GRANTING A ZONING >i CHANGE ON A CERTAIN Ii TRACT OR TRACTS OF LAND It WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- 8AS TRACTS,9 18,R.D.ANDY DESCRIBED19,SITUATED F' IN THE F' PRICE SURVEY, THE STATE OF T ABSTRACT NO. 992, AND r B631.43 AC ES:-AND MORE ROXIMATELY County of Tarrant FULLY AND COMPLETELY DESCRIBED IN EXHIBIT 'A' FROM "AG" AGRICULTURAL Before me,a Notar DISTRICT TO"SF-1A SINGLE unty and .,Late this daypersonally appeared Tammi Rrvant, Bid and Legal Coordinator, for the Star- FAMILY RESIDENTIAL DIS- ! Telegram, publishes TRICT SUBJECT TO THE at Fort Worth,in Tarrant County,Texas;anu wIs,,o.1.cs ueing duly sworn, did depose and say that the SPECIFIC REQUIREMENTS attached clipping of CONTAINED IN THIS ORDI- , ed in t- above named paper o he listed dates: t NANCE; CORRECTING THE OFFICIAL ZOSERVING ALL1NG THER�POR- TIONS OF THE ZONING ORDI- NANCE DETERMINING THAT THE PUBLIC INTER- SUBSCRIBED AND EST, MORALS AND GENER-: THIS Wednesday,Nove ber 10, 1999. t AL WELFARE DEMAND THE'' ZONING CHANGES AND I Pk.hA121.)-- 23P3232a23232323AMDNDMPRTS HEREINMADE- PROVIDING THAT• ty Public 2:.4�.?a`�r THIS ORDINANCE SHALL BE' Notary CUMULATIVE OF ALL ORDI- DEBRA 4 NANCES PROVIDING A SEV- / q ERABILITY CLAUSE'PROVID- a *I 1* in and ING FOR A PENALTY FOR VI- (l�V OLATIONS HEREOF- "„i�-;., Commis CNGg LARAVIDING A USE; PROVIDINGVI FOR d''., ' C'�1��,�j1-y--. PUBLICATION IN THE OFFI- 1 V l4 I'�1 VIDING ANSEFFECTIVE DATE. SECTION 7. --- ___. ..-- __._..-. .__ _ Any person, firm or corpora- .__ i tion who violates, disobeys,I ,� omits, neglects or refuses i. to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not Remit To: Sta more than Two than Too0 ho Thousand for DollarsCustomer ID: . CIT57 each offense.Each day that P.0 rs't'sttil?nonpetimtutiett ad sepa I Customer Name CITY OF SOUTHLAKE rate offense. - Sandra L.tart' d ''176101-2051 Invoice Numbers 161222141 -IT City Secretary City of n_atii�Xe Tee xas _ Invoice Amount" $68.04 PO Number: Amount Enclose $ .1