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480-322CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-322 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 TRACT 2C SITUATED IN THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 12.469 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 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 N:\COMMUNITY DEVELOPMEN"D,WP FILES\ZBA\PEND[NG/480 322.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 proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public heating 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, N:\COMMU N[TY DEVELOPMENT~WP'FILES\ZBA\PENDlNG/~'80.322.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:/COMMUN[ FY DEVELOPMENT~WP-H LES\ZBA\PENDlNG/480-322 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 2C situated in the Absolom H. Chivers Survey, Abstract No. 299, and being approximately 12.469 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" 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 heating with reasonable consideration N:\COMMIINI FY DEVELOPMENT~,WP'FILES'~ZBA/PENDING/480'322'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 xCOMMUNITY DEVELOPMENT~WP FILES\ZBA\PENDING/480-322.DOC Page 5 zoning wtfich 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 S outhlake. 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 o~4~ ,2000. ATTEST: Page 6 PASSED AND APPROVED on the 2nd reading the I day of~, 2000. I ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEX, ADOPTED: ~;. ~'~ EXHIBIT "A" BEGINNING at a 5/8" iron pin found in the west line'of said Thrailkill tract for the southwest corner of a tract of land described in a deed to Lanny M Tare and wife, Carolyn Kay Tate, recorded in Volume 6435, Page 944, Deed Records, Tarrant County, Texas, said pin lying by deed call, 377.6 varas South, 1280 feet North 89 degrees 14 minutes East and 297.4 feet, South 01 degrees 33 minutes East of the northwest corner of the A. H. Chivers Survey; THENCE EAST at 1,275.96 feet passing a 5/8" iron pin in the west line of North Carroll Avenue for the southeast corner of said Tate tract, in all, a total distance of 1,291.91 feet to the center of North Carroll Avenue and to the east line of said Thrailkill tract; THENCE South 00 degrees 47 minutes 47 seconds West a distance of 490.26 feet along North Carroll Avenue to the most easterly southeasterly comer of said Thrailkill tract; THENCE North 89 degrees 16 minutes 13 seconds West at 17.10 feet passing the existing west lie of North Carroll Avenue, in all, a total distance of 208.25 feet to a lA" iron pin found for s southeast corner of said Thrailkill tract; THENCE South 00 degrees 16 minutes 58 seconds East a distance of 22.56 feet along an east line of said Thrailkill tract to a 5/8" iron pin found; THENCE North 89 degrees 15 minutes 25 seconds West a distance of 253.06 feet to a %" iron pin found; THENCE North 89 degrees 08 minutes 50 seconds West a distance of 252.88 feet to a ~' iron pin found; THENCE North 89 degrees 04 minutes 25 seconds West a distance of 249.55 feet to. 3/8" iron pin found; THENCE North 00 degree 10 minutes 41 seconds East a distance of 316.04 feet to a fence post for the northeast corner of a tract of land described in a deed to Robert J. Morganstean and wife, Margie D. Morganstean, recorded in Volume 7246; Page 1110, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 25 minutes 43 seconds West a distance of 324.44 feet to a %" iron pin found in the west line of said Thrailkill tract for the northwest comer of said Morganstean tract; THENCE North 00 degree 35 minutes 42 seconds East a distance of 179.78 feet to the POINT OF BEGINNIG, said described tract containing 12.469 acres of land. N:\COMMUNITY DEVELOPMEN'i~WP-FILEStZBA\PENDING\480 322.DOC Page 8 City of Southlake, Texas Tract Map ZA99-114 iTR¥SIDE ID ..... HIGHLAND 20O0 200O Feet City of Southlake, Texas Surrounding Property Owners ZA99-114 PRIMROSE Property Owners Zoning Land Use Designation I. L. Tate 2. C. Richardson 3. H. McGuire 4. R. Bartholomew 5. D. Rockenbaugh 6. D. Rockenbaugh 7. A. Cercone 8. W. Booker 9. W. Booker 10. ¥. Mmin 11. G. Roberts 12. G. Ragnarsson 13. V. Staley 14. R. Morganstean 15. K. Mussina 1. "AG" 2. "AG" 3. "AG" 4. "SF- lA" 5. "AG" 6. "AG" 7. "AG" 8. "AG" 9. "AG" 10. "AG" 11. "SF-20A" 12. "AG" 13. "AG" 14. "AG" 15. "AG" 1. Low Density Residential 2. Low Density Residential 3. Low Density Residential 4. Low Density Residential 5. Low Density Residential 6. Low Density Residential 7. Low Density Residential 8. Low Density Residential 9. Low Density Residential 10. Low Density Residemial 11. Low Density Residential 12. Low Density Residential 13. Low Density Residential 14. Low Density Residential 15. Low Density Residential \\SLKSV4001 \Local\Community Development\ArcView\Council Exhibits\02-01-00.doc INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 166203281 FORT WORTH,TX 76102 Invoice Date: 2/4/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/29/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 16620328 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/4/00 Attn: �, ..� �,„..W » CITY OF sOuTN1.AKE, CITY OF 9 ORTEXAS 4s0-322 ;ORDIN I358 1 75 75 LINE $5.79 $434.25 AN ORDINANCE AMENDING ORS AMENDED NO 48CO E- ($373.50) SaleS DISC( HENSIVEIVD ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS• GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHINK , THE CITY OF SOUTH- Net Amount: LAKE,TEXAS BEING LEGAL- $60.75 LY DESCRIBED AS TRACT 2C SITUATED IN THE ABSO- LOM H. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 12.469 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM AG' AGRICULTURAL DISTRICT TO'SF-1 A"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- NANCE, DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN G THAT THIS OR DINANCE SHALL BE THE Si, CUMULATIVE OF ALL ORDI- COunt) ERABILSYY C AUISE PROVID- ING FOR A PENALTY FOR VI o Tlolvs HEREOF;Id for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the tar- Before � �Io1NGPRovIDlrvcYlFOR Telegram, Inc.at Fort Worth in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the e'er PUBLICATION IN AND PRO- nent was published in the •hove named paper the listed dates: attache VIDING SN EFFECTIVE DATE. \ SECTION 7. Any person, firm or corpora- tion who violates, disobeys, —` omits, neglects, or refuses to comply with or who re- SUBSIsists the enforcement of any of the provisions of this ordr BEFORE ME,THIS Thursday,March 09,2 nonce shall be fined not / more than Two Thousand Dollars ($2,000.00) for Notary Public ()21 each offense.Each day that isvoslo nc ion psertumtiett ead is rate peax- - offense. PASSED AND APPROVEDTH ARY T2000 DURING t EBTHE DAWN M. KUYKENDALL REGULAR CITY COUNCIL �MEETING COMMISSION EXPIRES . /\ MAYOR:Rick Stacy �..4, SEPTEMBER 18,2003 Thank ATTEST:Sandra L LeGrand, ayment City Secretary APPROVED AS TO FORM: ———_ Wayne K.Olson, — City Attorney Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 166203281 Invoice Amount: $60.75 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 165356181 FORT WORTH,TX 76102 Invoice Date: 1/21/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16535618 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 1/21/00 LDescription Lo 7ation Col Depth Linage MU Rate Amount 1 CITY OF SOUTHLAKE.TEXAS NOTIC 135 3 1 84 84 LINE $5.79 $486.36 CITY OF SOUTHLAKE,TEXAS NOTICE was hereby given to ($418.32) Sales DISCO 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 Febru- ary 1, 2000, at 7:00 p.m. The meeting will be held in Net Amount: $68.04 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.480-322 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 2C SITUATED IN THE ABSO- LOM H. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY THE STA FULLY AND COMPLETELY ESCLY County O DESCRBED FFROMIAG' AGRICULTURAL DISTRICT TO "SF-1A" SIN- Before mt DDISTRICAT,SUBJ RESIDENTIAL or said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, CONTAINEDRIN TIHIS ORDIS-egram, Inc.at Fort Worth,in Tarrant County,Texas;and who after being duly sworn, did depose and say that the attached e o FIC AL ZONING MAF PR"E it was published in the above named pape on the listed dates. SERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE• DETERMINING • es THAT THE PUBLIC INTER- MORALS AND GENER- THE SUBSCRI ZONING FACHANGES DEMANDRE ANDEFORE ME,THIS Friday,January , AMENDMENTS HEREIN THAT THIS ORDINANCE MADE; PROVIDING BE CUMULATIVE OF ALL ORDI- Notary Public • NANCES-PROVIDING A SEV- ERABILITY CLAUSE,PROVID- ING FOR A PENALTY FOR VI- / DAWN M. KUYKENDALL PROIDNS HEREOF; COMMISSION EXPIRES PROVIDING A SAVINGS CLAUSE; PROVIDING FOR v '%4 PUBLICATION IN THE OFFI- �.- SEPTEMBER 13,2003 CIAL NEWSPAPER AND PRO- t•� TIDING SECTION D Thank�( EFFECTIVE DATE.yment — 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 ordr nance shall be fined not more than Two Thousand Dollars ($2,000.00) for Remit T each offense.Each day that Customer ID: CIT57 a violation is permitted to ex- ense.constitute a sepa- rateo offense.t shall1 Customer Name: CITY OF SOUTHLAKE Sandra L.LeGrand, City Secretary City of.S&Aak=yrf�xvni TX 76101-2051 Invoice Number: 165356181 Invoice Amount: $68.04 PO Number: Amount Enclosed: