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480-318CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -318 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 A PORTION OF TRACT 2B SITUATED IN THE JAMES L. CHIVERS SURVEY, ABSTRACT NO. 348, AND BEING APPROXIMATELY 0.14 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 NACOMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 318. 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, NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 318. 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 NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 318. 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 a portion of Tract 2B situated in the James L. Chivers Survey, Abstract No. 348, and being approximately 0. 14 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-IA" 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 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 NACOMMUNITY DEVELOPMENnWP- FILES \ORDINANCES \CASES \480- 318. 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 N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 318. DOC Page 5 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 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 4� day of , 1999. ('�� 4t�'� MAYO N om! ATTEST: f 1,4A CITY SECRETARY N: \COMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 318. DOC Page 6 PASSED AND APPROVED on the 2nd reading the 11— day of kJV , 1999. APPROVED AS TO FORM AND LEGALITY: t�) � - 0)4�, CITY ATTANEY DATE: – 3 ADOPTED: L�� I q I Ml EFFECTIVE: PTA�" �Z - N r AY R ATTEST: SECRETARY NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 318. DOC Page 7 EXHIBIT "A" Being a portion of a tract of land situated in the JAMES L. CHIVERS SURVEY, ABSTRACT NUMBER 348, city of Southlake, Tarrant County, Texas conveyed to Warren Clark Development, Inc., by deed recorded in Volume 13493, Page 190, Deeds Records, Tarrant County, Texas, (D.R.,T.Co.,Tx.), and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pin found in the north line of East Dove Road for the southwest corner of said Clark tract and the southeast corner of a tract conveyed to Becky Oliver by deed recorded in Volume 8116, Page 1262, D.R.,T.Co.,Tx.; THENCE North 00 degrees 44 minutes 28 seconds East, 465.68 feet to a 5/8 inch iron pin found for the northeast corner of said Oliver tract and the most easterly southeast corner of a tract conveyed to John M. Shelton by deed recorded in Volume 4400, Page 846, D.R.,T.Co.,Tx.,; THENCE North 88 degrees 24 minutes 32 seconds East, 14.66 feet to a point in the west line of a tract conveyed to Jim F. Burrows by deed recorded in Volume 4416, Page 254, D.R.,T.Co.,Tx.; THENCE South 01 degrees 05 minutes 20 seconds West, 465.80 feet to the north line of East Dove Road; THENCE South 88 degrees 24 minutes 32 seconds West, 11.83 feet to the POINT OF BEGINNING and containing 0.14 acres (6,163 SF) of land. MTOMMUNITY DEVELOPMENT\ WP - FILES \ZBA \PENDING\480- 3 18.DOC Page 8 TR S TR 5 i I / TR 11 ���• ���� � � �"�- � U2 - - - ---L AC i a 14 AC \ TR 7 \ A� �C�i c V A i Ac -112C TR a 1R I `\ ^ '' • --�� TR 3 I TR :91 162 AC i �--�— I j ��`I , •r" , r� ' \ IN Ac � ��Q�. — \� TR TR 2A T6 3E 248 Ac j 695 AC \ — t 0� TR 1 1R 1G 2621 AC q$ 1R IW TR I= • , 1 o� Te Iz I — 8 VEY A -35 TR Ia TR 1C I TR if I TR 2C TR 2 TR I 9.09 AC TR 1BI 32231 Ac 0 2D1 15.o AC 1402 AC ao Ac AC TR 18 TRIG TR IR .. � I TR IP t: m ��S TR U — - - - TR 982 Ac ' 32 u TR 1 TR u '4 161 to AC 2 I/2 50 Ic I j TB 1 l; AC � � I 519 Ac TR Um TR IB TR a n,� tQ 565@ AC TR f!2 TR LU TR - 30 AC � � � 4 tR t 8�a AC 1L11 AC ( 49 �� i TR fl37 21 AC 41162AC 265 Ac iR 1c p I TR ZAl k 2A2 5 20 1 I I 20.o Ac INIAc TR 4E TR 2C9 TR [A 416Ac d ":CHIVE TR 2 t S W� ' n a� A.CHIV�ERS TR �6Ac� TR 53 QG Ac 5RVEY 300 SLRVEY A -299 TR 5m -�' - - - -- - o � � I r 2AI I KID AC TR 6C TR 6A _ r TR V TR zi t t TR 3Al TR 9 Imo � F TR AC — t TR 5639 AC �� TR 61 � 8 Ac i I I TR 4. .o All 66 Ac TRACT MAP 4 F 3 A i F? 156 Ac TR 6c ���° Q 7 'J TR m TR TR ZB TR \ Tx Ore ( I &3 AC i~ TR MA 210 Ac I ao Ac k 66 Ac TR eC2 TR 4 � � a a - � i 3 2 1 i 9 HU TjYlCll AC ` ` � Ek , 1 � --,�- C 32 1.55 4 � 2 1 9 3 1.876 @ i 7 1.586 �� TR 1C1A (J 3.4 AC TR 281 8 4.0 AC _ 1.565 @ C. BELL .081@ 5A - "SF -1 A" 1. 424 Q. J_ SHELTON A. GUTIERREZ 4 1 @ "S F -1 A" 1.5 1.5 @ 2 TR 1A "AG" 6A I A -R 8.0 AC 1.00 @ J. GILLILAND TR 2A 3 a J. KOLDUS 1.0 AC 1.5 @ 68 1 25 @ "AG" 1.00 L "SF -1 A" In , TR -- -- -- -- _ novF ROAD -- -- -- -- -- -- -- 216 so Rio 18 BRAZOS ELECTRIC POWER . 25 AC CO —OP 1A R "AG" TR 1 A2 ° e 3 C TR 1B L. HESS 2.0 @ g �� 1.3 AC 1.0 X26 La AC „ • TR 1A1C � f AG „ 2.0 AC TR 187 ^ 50 AC A00ft, TR 1 TR 184A TR 1A1A 1Al A1E @ a .335 AC 5.0 AC � � ADJACENT OWNERS 'AC AND ZONING TR 1A2 ° '7 5.19 AC i INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 160309741 FORT WORTH,TX 76102 Invoice Date: 10/22/99 (817)390-7761 , Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/99 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16030974 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Start,Date: 10/22/99 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 77 7,7 LINE $5.51 $424.27 CRY OFTEODU S LAKE, ORDINANCE NO.480-318 ($361.90) Sales Disco AN ORDINANCE NO AMENDING AS AMENDED, THE COMPRE- NANCEEOFZONING THE CITY ORDI- OF SOUTHLAKE, TEXAS GRANTING A ZONING` CHANGE ON A CERTAIN $62.37 TRACT OR TRACTS OF LAND Net Amount: WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS A POR- , TION OF TRACT 2B SITUAT- ED IN THE JAMES L. CHIVERS SURVEY, AB- STRACT NO. 348 AND BE- ING APPROXIMATELY 0.14 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM AG" AGRICULTURAL DISTRICT TO"SF-1A"SINGLE FAMILY RESIDENTIAL DIS- TRICT 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-I ING THE STAT THAT ETHE PUBLIC^INTER County of' AL WELFARESDEMAND GENER- County CHANGES AND AMENDMENTS IDINGSH HEREIN THI Before me, S-RDINANCE ALL BE said County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star- Telegram, r ri COat-IIVE OF IAL AOSEVI-ram, Inc.at Fort Worth, in Tarrant County, Texas;and whn raftar being duly sworn, did depose and say that the attached cli. ING BIOLR APENUALTY FOR 1 was published in the above named paper on the listed dates: VI- OLATIONS HEREOF; PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR • PUBLICATION IN THE OFFI- CIAL IDIG ANNEWSPAPER;AND EF ECtIV.E DATE.D SUBSCRIBE SECTION 7. ORE ME, THIS Tuesday,October 26, 1999. Any person,.firm or corpora-tion n who tss, disobeys, //, /y/�, n omits, neglects or refuses Notary Public ,/A _ ______.( to comply with or who re- �y p lists the enforcement of any _ of the provisions of this orde-Qs nance shall be fined not; +�, n more than Two Thousand rip f eachroffense:EacchOday that r / e a violation is permitted to ex-%a 4.OF ist shall constitute a sepa- _♦-_- rate offense. PASSED AND APPROVED BY Thank Yc CITY COF SOUTHLAKEF TEX ment AS,ON THIS THE 19th DAY OF OCTOBER 1999. _ MAYORRICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY ' APPROVED AS TO FORM: E.ALLEN TAYLOR JR. Remit TO.�I--`ATTORNEY vglatlt - Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 160309741 Invoice Amounti $62.37 PO Number: Amount Enclosed: E$ _____ INVOICE StarTelegr'am Customer ID: CIT57 Invoice Number: 159591431 What do you want to know? -- Invoice Date: 10/8/99 Terms: Net due in 21 days Star-Telegram Due Date: 10/31/99 400 W.7th Street PO Number: FORT WORTH,TX 76102 Order Number: 15959143 (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 SOUTH LAKE.TEXAS NOTIC 1358 1 85 85 LINE $5.51 $468.35 CITY OF SOUTHLAKE. TEXAS Sales Dis NOTICE was hereby given to ($399.50) all interested persons,that Start the City Council of the City of Southlake, Texas, will be Stop Date: 10/8/99 holding a public hearing dur- ing council meet meeting to be held city on Octo- • ber 19, 1999,at 7:00 m. Net Amount: $68.85 The meeting will be held in the City Council Chambers City Hall,Southla67 ke,Car- rollx- as Avepos, l Purpose of din hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-318 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENCOMPRE- HENSIVE ED, THE 0 ZONING ORDI- NANCE DI- NANCE OF THE CITY TYX OF SOUTHLAKE, CHANGEGON AZONING A CERTAIN THE STD TRACT OR TRACTS OF LAND County o WITHIN THE CITY OF SOUTH- , LAKE,TEXAS BEING LEGAL- ' LY DESCRIBED AS A POR- TION OF TRACT 2B SITUAT- Before m ED IN THE JAMES L. r said County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star- CHIVERSTRACT SURVEY, AB- gram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the Telegram STRACT NO. MAT AND .14 attached INC APPROXIMATELY 0.14 ' ACRES, AND MORE FULLY t was published in the above named paper on the listed dates: AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM AG" AGRICULTURAL DISTRICT STRRIIMILY TR"SF 1 A"SINGLE INGL 3 i$neF TRICT SUBJECT TO THE SUBSCRI SPECIFIC REQUIREMENTS`FORE ME THIS Wednesday,October 13, 1999. CONTAINED IN THIS ORDI-F , .`aro:'a2 NANCE; CORRECTING THE<---_---::i.%-I., a4 OFFICIAL ZONING MAP:PRE- ;, �*". SERVING ALL OTHER POR- Otar Public Notary yy��Z/' TIONS OF THE ZONING ORDI- Y �� Public 11A.. a, .i\": NANCE- DETERMINING of Texas 6 �� U THAT THE PUBLIC INTER- EST, MORALS AND GENER-n3.O i)C Thank` ZONING AL WELFARE DEMAND �i t MHS THAT ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES;PROVIDING A SEV- ERABILITY CLAUSE'PROVID- ING FOR A PENALTY FOR VI- OLATIONS PROVIDING A SAVINGS` Remit T PURL CATIONOINDTFIE OING �RI Customer ID: CIT57 CIAL NEWSPAPER•AND PRO- VIDING SAN ECTION DIVE DATE. 1 • Customer Name: CITY OF SOUTHLAKE Aora- tion who violates, disobeys,person firm rrbeys, omits, neglects or refuses TX 76101-2051 Invoice Number: 159591431 to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not w more than Two Thousand Dollars (S2,000.00) for PO Number: each offense.Each day that a violation is permitted to ex- Q.. ist shall constitute a sepa- rate offense. Amount Enclosed: �D Sandra L.LeGrand City Secretary Cif of Southlake,Texas__