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480-326CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-326 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 WESTERNMOST PORTION OF TRACT 20 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, BEING APPROXIMATELY 1.249 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SE-lB" SINGLE FAMILY RESIDENTIAL DISTRICT, AND THE EASTERNMOST PORTION OF TRACT 20 SITUATED IN THE R. D. PRICE SURVEY, ABSTRACT NO. 992, BEING APPROXIMATELY 0.841 ACRES, MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "B" FROM "AG" AGRICULTURAL DISTRICT TO "SE-lA" 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 N:/COMMUNITY DEVELOPMENT/WP FILES/ZBA\PENDING\480-326 DOC Page I 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 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 determ/ned 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 N:\COMMUNITY DEVELOPMENTXWP-FILES/ZBA\PENDING/480 326.DOC Page 2 view lo 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 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 tire, 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 ~OUTBLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, N:\COMMUNITY DEVELOPMENT/WP-FILES/ZBA/PENDING\480-326.DOC Page 3 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 legally described as the westernmost portion of Tract 20 situated in the R. D. Price Survey, Abstract No. 992, being approximately 1.249 acres, more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1B" Single Family Residential District, and the easternmost portion of Tract 20 situated in the R. D. Price Survey, Abstract No. 992, being approximately 0.841 acres, more fully and completely described in Exhibit "B" 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, N:/COMMUNITY DEVELOPMENT/WP FILES\ZBA\PENDING/480 326.DOC Page 4 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, 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:\COMMIJNITY DEVELOPMENT/WP FILES\ZBAXPENDING/480-326 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 7 day of//'~A,~ ,2000. ATTEST: N:/COMMUNITY DEVELOPMENT/WP FILES\ZBA\PENDING/480 326 DOC Page 6 PASSED AND APPROVED on the 2nd reading the day of ,2000. APPROVED AS TO FORM AND LEGALITY: >, /- CITY ATTORNEY DATE: 'L N:/COMMUNrfY DEVELOPMENT/WP-FILES\ZBA\PEN DING/480 326.DOC Page 7 EXHIBIT "A" PROPERTY DESCRIPTION - PROPOSED SF- 1B ZONING BEING a t 249 acre *tact of land in the R.D. Price Survey, Abstract No. 992. situated in the City nec ,,hl:,t-,. I~o.,t,-,n tr'm,.nW Texa,~ and he nga nortion of that tract convex'ed to Linnie Johnson N 11B°i4'4 F E, 2 i ~;.89 feel f'rorrl tile 8pparcrl! southwest ¢Orller ct salll rnce Survey, ~mu r.z~.. Nail also being thc southeast comer of a tract conveyed to the City of $outhiake by_ d~ed recorded und~ Deriton County Clerk's File No. 95-R0066058, said P.K.. Nad also bern8 on the north line cfa tracl conveyed to William Lamoreaux m, et al, by deed re~orded in Volume 4298, Page 1766 DRDC]'; .T!a_~NCE N 02°7!'32" E iv T=W King _Road and along the cas! line of said City. of Southlake ,-~,', a a?-_nc,' ,,~ ?no ~6 fc-.t tv a P.K. N~! in a~ha!t fo,,n,t,_ .... .~aid_ ..... P K Nail a].~o b~ng the most THENCE N 88 ~2~ 52" E de ng ~. w. l~mg lxu~u ~uu m~ ~ nu~ u~ ~u ~t~ of tract and along a south line of said Soulhiak~'Soiana, Ltd. tract, a instance o~ zv ~. t t i~t tu {* capped 1/2" iron pm set; THENCE S 00° 12'37" E al,parting the south line of said Sonthlake/Solana, Ltd. tract, a distauce of 215.20 fe~t to a capped 1/2" iron pin set, said iron pin also being on the said north lin~ of the said J.amoreanx, el al, tract; Page 8 EXHIBIT "B" PROPERTY DESCRIPTION - PROPOSED SF-1A ZONING 0.84! ac~.-- L~_c! of!and in the R.D. Price Survey, Abstract No. 992, situated in the City of Scu~Makc, Dent:m County, Texas and !~_.i~g a po~on of that u-act convev~cl to Linnie Johnson (DF, DC"~ and being ..... '~ .,.~,., .~o,-,...~.,.,-t -.,. r~u ,,, · COMiVI~NCi-NG at a P.K. Nail sM in a~phalt mt. ,,. t~ ~,,~,,~, s,,,,~, .K ......... g N 88014'47' E, 213.89 f~t ~om ~e ~m~i sou~w~st com~ or,d PHce Sur~/, ~d P.~ N~i ~ b~ng ~e sou~ com~ ora ~act conv~ m ~e Ci~ of Sou&i~ by de~ ~o~ed ~d~ D~t~ C~ Clerk's F~e No. 95-R~0~8, ~d P.K. Nmi ~so b~g on &~ no~ ~n~ ora ~:convey~ ~ Wflli~ L~o~a~ ~, ~ ~, by d~d r~ed ~ Vol~ 4298, pag~ ! 766 D~; ~N~ N 89~47'2Y' E ~ong ~ no~ l~e of~d L~o~a~, et ~, ~t, ~ ~{~t~ of 261.10 fc~ to a ca~cd 1/2" ~on p~ s~ at ~e Point ofBe~g of~e ..... ~n~,,~.~ *,~" O0 ° ,,.o,' ~ '~'~" ~',,, a '~,,/$tr~ce of 2 ! 520 feet., to -.. c_%~pped 1/2" i.m.~ pin ~et, radd iron pin also bem~ o~ a ~vuu~ une u~ ,, .~,.~ ~,,,,. ~ ................. .. .... ~ deed ._~c_.o~ed ,,,,der THENCE N 88°1 t'57" E along the said south line of said aouthiaa~oula~a, u~v. of 168.19 fee~ to a ~'ence comer post found; THENCE S 00 °18'30" E along a west line of said SouthlakdSolana, Ltd. tract, a distance of _219 87 fe~ to a 1/2" iron pin found, said iron pin also being on the said north line of said t_he ne."~ Eue of_~_id La._m. oreanx, et al, tract, a distance of ,...:.,..; .... ,~ -,,.,,.;,,;,,,. ~$; $; 1 a squa__re ~ ar 0 841 acres of land. Page 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 170100521 FORT WORTH,TX 76102 Invoice Date: 4/7/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 17010052 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/7/00 Description Location Col Depth Linage MU Rate Amount Gift Of SO - ""s CITY OF SOUT SOUTHLAKE )IN 1358 1 98 98 1.INF S5.79 $567.42 NO. 480-326 AN ORDINANCE AMEND- ING ORDINANCE NO. ($488.04) Sales Discount 48THE COOIMIPREHENSIVE AS ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE I TEXAS GRANTING A 1 ZONING CHANGE ON A TS OF LAND WITH-OR OH- $79.38 TRACTS IN THE CITY OF SOUTH- Net Amount: LAKE TEXAS BEING LE- GALLY' DESCRIBED AS THE WESTERNMOST POR- TION OF TRACT 20 SITU- ATED IN THE R. D. PRICE SURVEY, AB- STRACT NO. 992, BEING APPROXIMATELY 1.249 ACRES MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG' AGRICULTUR- AL DISTRICT TO "SF-1B' SINGLE FAMILY RESIDEN- TIAL DISTRICT AND THE EASTERNMOST PORTION OF TRACT 20 SITUATED IN THE R. D. PRICE SUR- VEY, ABSTRACT NO.I 992, BEING APPROXI- MATELY 0.841 ACRES, MORE FULLY AND COM- PLETELY DESCRIBED IN THE STATE OF AGRICULTURALROM DSTRICT County of Tarrai LYO SRESIDENTISINALE FD S- TRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS Before me,a No C NTAINED IN THIS STOR-County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, publisl THE OFFICIAL ZONING Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the MAP: PRESERVING ALL attached clipping OTHERNF published in the above named paper on t listed dates:TJ`(� THEEZOONINGING ORDI- \�\ NANCE- DETERMINING THAT THE PUBLIC INTER- I •���;;J�`� -(� EST MORALS AND GEN- ERAL WELFARE DEMAND THE ZONING CHANGES SUBSCRIBED Al AND AMENDMENTS'ME,THIS Wednesday, April 2,2000. G/C4C. HEREIN MADE; PRONTO-' ING THAT THIS ORDI- NANCE SHALL BE CUMU- LATIVE -OF ALL ORDI- Notary Public • NANCES; PROVIDING FOR - -A PENALTY FOR VIOLA- TIONS HEREOF; PROVID- ING A SAVINGS CLAUSE; PROVIDING FOR PUBLICA- _,_ _ TION IN THE OFFICIAL - - - - - - NEWSPAPER; AND PRO- DAWN M. KUYKENDALL 7, �7 VIDING AN EFFECTIVE ��• PIR Thank You r0at on TE. SECTION fir plates, dis-ont �� SEPTEMBER COMMISSION 1S 20 3S Any person, firm or corpo-o obeys, omits, neglects or refuses to comply _�...- - --- - _ - _ with or who resists the enforcement of any of the provisions of this or- dinance shall be fined not more Man Two Thou-. sand Dollars ($2,000.00) for each offense. Each Customer ID: CIT57 Remit To: day that a violation is permitted to exist shall constitute a separate of- Customer Name: CITY OF SOUTHLAKE fense. PASSED AND APPROVED X 76101-2051 Invoice Number: 170100521 BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE, TEXAS, ON THIS TTHE HE04th DAY OF APRIL, Invoice Amount: $79.38 MAYOR RICK STAGY ATTEST: PO Number: SANDRA L. LEGRAND, CITY SECRETARY APPROVED AS TO FORM: Amount Enclosed: E. ALLEN TAYLOR JR., CITY ATTORNEY INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 165339571 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/21/00 Federal Tax ID 22-3148254 Terms: Net due in 21 day Due Date: 1/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 16533957 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTF.: A Publication Date: 1/21/00 m off sI MURote Amount was hr SOUer,TEXAS xi ws �.: �f s.. ��NOTICE was hereby given to alt interested persons that CITY OI soi,nllake°O rexasth wIIIWbe kS NOTIC I3` 1 84 84 LINE $5.79 $48F..=6 holding a public hearing dur- ing the regular city council meeting to be held on Febru- Sales ($41�._,�� Dif ary 1, 2000, at 7:00 m. The meeting will be held 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: $6 CITY OF Net Amount:SE 4SOUTHLAKE TEXAS ORDINANCE Nd.480-326 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 (tESCRIBED AS TRACT 20 S TUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 992, AND BEING AP- PROXIMATELY 2 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG"AGRI- CULTURAL DISTRICT TO"SF- 1B" SINGLE FAMILY RESIDENTIAL SUBJECT TO THE SPECIFIC THE REQUIREMENTS CON- Coud TAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING RBefor ION f HE ZONING HER OD_nd for said County and State,this dayBRYANT, Bid and Legal Coordinator, for the Star- NANCE• DETERMINING personally appeared TAMMIE Teleg THAT tHE PUBLIC INTER- -Telegram, Inc.at Fort Worth,in Tarrant County, Texas;and who,after being duly sworn, did depose and say that the EST, ND GEER- attacl AL WELFFARESDEMAND THE%ment was published in the above named paper on the listed date : ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES;ERABIL TY CLAUSE;PROVIDING BEFORE ME THIS Friday ,January 28, ING FOR A PENALTY FOR VI- OLATIONS HEREOF; PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR Notary Public • PUBLICATION IN THE OFFI- CIAL NG WSEF PER;AND DATE -'�;• DAWN M. KUYKENDALL SECTION 7. ' \, COMMISSION EXPIRES Any person, firm or corpora- "4!:- SEPTEMBER 13,2003 lion who violates,disobeys, omits, neglects or refuses to comply with or who re- Thanof th tpr enforcement of any payment of the rovisions of this orc% nance shall be fined not more than Two Thousand ----—— Dollars ($2,000.00) foreach offense.Each day that a violation is permitted to•ex- ist shall constitute a sepa- rate offense. Sandra L.LeGrand,!City Secretary of Southlake,Texas .. am Customer ID: CIT57 RemiC�ity��� P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 165339571 Invoice Amount: $68.04 PO Number: Amount Enclosed: