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480-319CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -319 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 4, 4G2, 4G4, AND 4J, SITUATED IN THE J. J. FRESHOUR SURVEY, ABSTRACT 521, AND BEING APPROXIMATELY 4.56 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -111" 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 WCOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 319. 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, WCOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 319. 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 N: \COMMUNITY DEVELOPMENT \WP - FILES \ORDINANCES \CASES \480- 319. 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 Tracts 4, 4G2, 4G4, and 4J, situated in the J. J. Freshour Survey, Abstract 521, and being approximately 4.56 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1B" 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 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 N: \COMMUNITY DEVELOPMENT\WP- FILES\ORDINANCES \CASES \480- 319. 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 N: \COMMUNITY DEVELOPMENT\WP -FILES \ORDINANCES \CASES \480- 319. 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 &h &a , 1999. pUU e =y MAYOR ATTEST: 4v4 � auwx---- CITY SECRETARY WCOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 319. DOC Page 6 PASSED AND APPROVED on the 2nd reading the / I day of W" , 1999. 0 WE 0, j W, - W-wimplon R-1 I I ATTEST: =�s YSECRETARY APPROVED AS TO FORM AND LEGALITY: 1/4) 1 r CITY ATTORNEY q DATE: ADOPTED: EFFECTIVE: NACOMMUNITY DEVELOPMENT\WP- FILES \ORDINANCES \CASES \480- 319. DOC Page 7 EXHIBIT "A" WHEREAS, i, Lee 1C Huntley, am the owner of a 4.56 acre tract of laud situated in the J. J- FRESHOUR SURVEY, Abstract No. 521, in the City of Souddake, Tarrant County, Texas according to the deeds recorded in Volume 12049, Page 808 and Volume 11366, Page 2032 of the Dead Ra:or& of Tarrant County, Texas, said tract of land being a portion of that same tract described to Bill J. Kendrick as recorded in Volume 8620, Page 1449, Deal Records, Tarrnt County, Texas and being more parlicuMy described as follows: BEGINNING at the northeast comer of said Kendrick tract at a 112 inch iron rod found for a corner; THENCE South 00 degrees 10 minutes 00 seconds West, 475.02 feet to a 5/8 inch iron pin for comer; THENCE South 89 degrees 47 aniautcs 40 seconds West, 131.88 feet to a 5/8 inch iron pin for coma; THENCE Sauk, 285 -15 fat to a point for a comer is the cmterline of County Road No. 4091 said point being 560.03 fat North 89 degees 43 minutes 42 seconds East from the Southwest corner of the said Fi cshour Survey; THENCE South 89 degrees 43 minutes 42 seconds West, along the ccuterlinc of said county road, 178.13 Let to a point frtr a comer, THENCE Noah 762.96 Lxt to a 5/8 inch iron pin for comer, THENCE Sari 69 degrees 43 minutes 47 seconds East, 31138 feet m the POINT OF BEGINNING and contsiirg 198, 793.20 upmer feet or 4.56 acres of land mom or kas. N: \COMMUNITY DEVELOPMENnWP- FILES \ZBA \PENDING \480- 319. DOC Page 8 IN rA k. TRACT MAP I ; i Iwj I� ..2 1 2 AC 1. I Z I 10 „ s. wEBB } J w CHISUM TR TR 781 I I Q LL 1.10 0 LL. 3 D. TEAGUE B I 9 3 _ co - " A. CRISP 0 10 A N N 7 LL S. WEBS W_ NEWTON 6 11 2 I TR.4J .71 A 2 66$ R. .4G4 S. HIBBEN 5 12 � 3 I R. WOOD WOOD 1.16 Ac I z A. THOMPSON IX 4 + 13 .4 I 4 J. COMPTON CRS+ S .4 Ac � !' TR.4G •3 S. HOUGH co i4 1 + 5 I R. PINDER�"AG'� R A. CD N OSMAN' MATASSA 2 I 15 1 R 7A1 T. THRASHER z m J. OGLES 10 TR., B I A N 1.02 Ac o� E. MITCHELL a TR.1B2 �i „AG„ W o 0 1 53 Ac I tr Z i O C7 w O 0 C7 �I 3 I C7 ~ ..AG.. T:.1B1A I U -j % I A e i 1 114 I .2 Ac "SF All ADJACENT OWNERS AND ZONING i a TR.1 F 7.887 AC z INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 160309771 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 667 N CARROLL AVE Order Number: 16030977 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Start Date: 10/22/99 Description Location Col ' I.. tl0-1 vk Rat ° Ar o»nt CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 77 77 LINE $5.51 $424.27 CITY OF SOUTHLAKE, TEXAS Sales Discount ANR ORDINANCE AVM ($361.90) ORDINANCE NO. 480 AS AMENDED, THE CONlPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE ON A CERTAIN Net Amount $62.37 TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS AS TRACTS 4 4G2 4G4 AND 4J SITUATED Ili THE J.J. FRESHOUR SURVEY, AB- STRACT 521, AND BEING APPROXIMATELY 4.56 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A' FROM "AG' AGRICULTURAL DISTRICT TO "SF-1B' SIN- GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SPECIFIC REQUIREMENTS - CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING ALL OTHER PRE- SERVING OF THE ZONING ORDI- THE STATE 3 r TI AT EtHE PUBLICRNNTER County of Tar-3 EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND Before me,a N. PROVIDINGTHAT County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star- Telegram,publis CUMUMADE6LAOTIVE OF ALL ORDI-Inc.I at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say that the attached clippin:. NANCES•PROVIDING A SEV-`ublished in th above named paper on th listed dates: ERABILITY CLAUSE PROVID ING FOR A PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS! e CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- SUBSCRIBED A VIDING ANNEWSPAPER;AND EFFECi]VE DATE ME, THIS Tuesday, October 26, 1199�,9. /1 'rs:l:::.AAA SECTION 7. �`��/l.-�//WL- �l�i�/ i v Zi L CO Ill: -., Any person, firm or corpora- ,�,�`. 9r� :111•1lion who violates, disobeys, NOta Public,{.fnomits, neglects or refuses rYNto comply with or who re • ,,. sists the enforcement of any ��1 :� of the provisions of this ordi- ''' 'ty4Hance shall be fined not lia OF -, OI more than Two Thousand _�___ Dollars Ise.000.001 for each offense.Each day that a violation is permitted to ex- ist shall constitute a sepa- rate offense. PASSED AND APPROVED BY Thank You THE CITY COUNCIL OF THE Elt CITY OF SOUTHLAKE TEX- AS,ON THIS THE 19th DAY MAYOR RIICBK STACY9 ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: Remit To: V CITY ATTORNEORJR: Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number:: 160309771 Invoice Amount: $62.37 PO Number: Amount Enclosed: 1$�� a _� INVOICE Star-Telegram Customer ID: CIT57 Invoice Number: 159591451 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: 15959145 (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 NO I IC 1358 1 84 84 LINE S5.51 $462.84 CITY OF SODUTHKE. sLA Sales Discount TEXANOTICE was hereby given to ($394.80) all interested persons that the City Council of the City a Stop Date: 10/8/99 Start Date: Southlake,ldigaTexas, will be holding a public hearing dur- ing the regular city council meeting to be held on Octo- Net Amount: $68.04 ber 19, 1999;at 7:00 p.m. The meeting will be he in the City Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake, Tex- as. Purpose of the hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE TEXAS ORDINANCE No.480-319 AN ORDINANCE AMENDING ORDINANCE NO, 480, AS I AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING THE STATE( CHANGE ON A CERTAIN TLAND County of Tar WITHINTOR THE CITY OFTRATSOF SOU H- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACTS SIT Before me,a 1 ATED IN THE'JAJ.FFREJS`HOUR id County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator, for the Star- Telegram, put sAU�RVE.6 BST Xl 'I'E- II, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipp FU LY AND COOMPPLETEELLYY s published in the above named paper on the listed date DESCRIBED IN EXHIBIT "A" FROM "AG' AGRICULTURAL DISTRICT TO 'SF-1B" SIN- �- ia;� _ �' � GLE FAMILY RESIDENTIAL DISTRICT,SUBJECT TO THE SUBSCRIBED CONTAINEDRINQ TH SMORDII-- 'E ME, THIS Wednesday,0OA ber 13, 1999. NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE-ERVING - TIONS OF THE L ZONING ORDI- Notary Public L�, J. 93`h29ZZ2a2aM_,5 NANT E'- PUBLIC DETERMINING - ? , pp EST, MORALS AND GENER- !J:... r AL WELFARE DEMAND THE ZONING CHANGES AND . '', VL AMENDMENTS HEREIN nt • -.o t�'P p; MADE- PROVIDING THAT ',1t —a ''' THIS ORDINANCE SHALL BE t — CUMULATIVE OF ALL ORDI- .;Ei,1iC,e6eg S T' NANCES;PROVIDING A SEV- ERABILITY CLAUSE-PROVID- ING FOR A PENALTY FOR VI- OLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING.FOR Remit To: CIA BLLNEW PAPIN ER AND OFFI-PRO- Customer ID: CIT57 VIDING AN EFFECTIVE DATE. SECTION 7. Customer Name: CITY OF SOUTHLAKE Any person, firm or corpora- tion omi who refuses violates,or disobeys, omits, neglectsTX 76101-2051 Invoice Number: 159591451 to comply with or whq re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars (s c. for PO Number: each offense..Each ch day that a violation is permitted to ex- ,.„,.,,.. „. . ,, ,,,, t shall constitute a sepa- rate o offense. Amount Enclosed: $ Sandra L.LeGrand p City Secretary City of Southlake,Texas ;:!(1"1 1: f • • t 1 • (1;; 1,4 't r 12()261 • i; ,17k,1:k 71!tl I , 1