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480-331CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-331 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 5C SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING APPROXIMATELY 7.939 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 DEVELOPM EN~WP-FILES\ZBA\PENDING\480-33 i.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 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, N:\COMMUNITY DEVELOPMENTXWP FILES\ZBA\PENDING\48{~331.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\ZBA\PENDING\480'33 i.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 5C situated in the Hiram Granberry Survey, Abstract No. 581, and being approximately 7.939 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" 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 tbr 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 tmdue 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:/COMMHNITY DEVELOPMENT~WP~FILES\ZBA\PENDING\480.331 .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 fmed 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 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 __ M~A ~//0 R ,2000. N:/COMMUNITY DEVELOPMENT~WP-FILES\ZBA\PENDING\48{~331 DOC Page 6 PASSED AND APPROVED on the 2nd reading the _~ day o~~, 2000. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED~ EFFECTIVE.'~ EXHIBIT "A" N:\COMMUN[TY DEVELOPMENIZWP FILES\ZBA/PENDINGI480-331 DOC Page g City of Southlake, Texas Tract Map ZA99-141 0 CREI 20O0 Feet N S City of Southlake, Texas Surrounding Property Owners ZA99-141 2O Property Owner Zoning 1. D. Diepenbrock 1. "RE" 2. D. Diepenbrock 2. "RE" 3. R. Matz 3. "AG" 4. R. Humm 4, "R-PUD" 5. B. Cepak 5. "R-PUD" 6. R. Hopkins 6. "R-PUD" 7, J. Joyce 7. "R-PUD" 8. R. Colvin 8. "R-PUD" 9. W. Lowe 9. "R-PUD" 10. J. Finn 10. "R-PUD" I 1. T. Beardslee 11. "R-PUD" 12. M. Bray 12. "R-PUD" 13. P. Wirtanen 13. "R-PUD" 14. G. Salazar 14. "R-PUD" 15. S. Burnitt 15. "AG" 16. J. Dismukes 16. "SF-1A' 17. D. Grim 17. "SF- lA' 18, G. Gordon 18. "SF-1A" 19. J. Wetteland 19. "SF-1A' 20. J. Wright 20. "RE" N \Community Development\WP-FILES\NOTICE\99Exhibits\99141Z.doc Land Use Description 1. Low Density Residential 2. Low Density Residential 3. Low Density Residential 4. Medium Density Residential 5. Medium Density Residential 6. Medium Density Residential 7. Medium Density Residential 8. Medium Density Residential 9. Medium Density Residential 10. Medium Density Residential 11. Medium Density Residential 12. Medium Density Residential 13. Medium Density Residential 14. Medium Density Residential 15. Low Density Residential l 6. Medium Density Residential 17. Medium Density Residential 18. Medium Density Residential 19. Medium Density Residential 20. Medium Density Residential INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 168368531 FORT WORTH,TX 76102 Invoice Date: 3/10/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16836853 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA �✓��� .., Z ��$ �d .3'se &— ,,irk c�> o., ,q'„ r. ..4d t�u2E.f'. js'c�. �... Publication Date: 3/10/00 Li E 'NKr CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 76 76 LINE $5.79 $440.04 CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-331 Sales Discount ANORDINANCORDINANCE NOA ENDIAS ($377.67) AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY TEXAS, XA OF SOUTHLAKE, GRANTING A ZONING CHANGE ON A CERTAIN Net Amount $62.37 TRACT OR TRACTS OF LAND LAKEI TY TEXAS ITHN THEI EING FLEEGAL- LY DESCRIBD AS TRACT 5C SIITUAT DE N THE HIRAM GRANBERRY SURVEY, AB- STRACT NO. 581 AND BE- ING APPROXIMATELY 7.939 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT 'A' FROM AG" AGRICULTURAL FAMILY DISTRICT RESIDENTIAL SINGLE ES- TATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP, PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND THE STATE C AMENDMENTS HEREIN MADE- PROVIDING THAT County of Tar TCUMUULATTIVE OF ALL ORDII-- NANCES-PROVIDING A SEV- ERABILITY CLAUSE-PROVID- Before me,a 1' ING FOR OLAT O A PENALTYHEREOF FOR -i County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,pub PROVIDING A SAVINGS` I, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the CLAUSE; PROVIDING FOR attached clippi PUBLICATION IN THE oFFI- published in the above named paper on the listed dates: CIAL NEWSPAPER,AND PRO- VIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpora- tion who violates, disobeys, .omits, neglects or refuses SUBSCRIBED, to comply with or who re- :ME,THIS Tuesday,March A,2000. of th ns of of any /' of the provisions of this ordi- nance shall be fined not more than Two Thousand Notary Dollars ($2,000.001 for Public -- ,_ _• _-- -- - each offense.Each day that a violation is permitted to ex- DAWN M. KUYK-'CALL ist shall constitute a sepa- rate offense. �1 PASSED AND APPROVED BY ' COMMISSION EXPIRES THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEX- AS, Glyywy SEPTEMBER 13,2009 Thank You AS, ON CH 12000. 7TH DAY !ntOF - -- - --- - --- - - - - - -- - - MAYOR RICK STACY ATTEST: SANDRA L.LEGRAND, CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., 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: 168368531 Invoice Amount: $62.37 PO Number: Amount Enclosed: is INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 167000111 FORT WORTH,TX 76102 Invoice Date: 2/18/00 (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 Order Number: 16700011 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/18/00 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS NOTIC I3 5 S I 84 84 LINE $5.79 $486.36 CITY OF ESL HLAKE, • Sales Discount NOTICE was hereby given to ($418.32) 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 March 7,meeting at be The Net Amount: $68.04 meeting will be held in the City Council Chambers of, City Hall, 667 North Carroll, Avenue, Southlake, Texas. Purpose of the hearing will be held regarding the follow- ing: CITY OF SOUTHLAKE TEXAS ORDINANCE Nd.480-331 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE CON{PRE- HENSIVE ZONING ORDI-I, NANCE OF THE CITY OF SOUTHLAKE. TEXAS GRANTING A ZONING CHANGE ON CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LYKDESCR BED E,TEXAS BEING TRACT 5 SITUATED IN THE HIRAM GRANBERRY SURVEY AB- STRACT NO. 581 AND BE- THE STATE OF 1 IPIU ACRES,ANDMMORE FULLY County of Tarrant AND OINPLEXH BIT "A' FROM "AG" AGRICULTURAL, DISTRICT TO "RE" SINGLE Before me,a Noti FAME YDI RESIDENTIALSUBJECT S-county and State, :his day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, publish. TO THE SPECIFIC REQUIRE-Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly s`, did depose and say that the MENTS CONTAINED IN THIS attached clipping. ORDINANCE; CORRECTING Liblished in the above named paper on the listed liti THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER1. PORTIONS OF THE ZONING < ORDINANCE; DETERMINING Ig �V�����r THAT THE PUBLIC INTER- - -- / ESUBSCRIBED AN AL WELFFAREMORALSDEMA AND ND THE. l ZONING CHANGES AND�'IE,THIS Wednesday, Febru �,2000. 4!,AMENDMENTS HEREINAT TMHDEORDINANCENSHALLG HBE No - 1 - J CUMULATIVE OF ALL ORDI- i �- NANCES'PROVIDING A SEV- D""N M. KIIYKENDALI ERABILITY CLAUSE-PROVID- . -I_ ._ ING FOR A PENALTY FOR VI- , '� COMMISSION EXPIRES OLATIONS HEREOF; " PROVIDING A SAVINGS F',- SEPTEMBER 13,2009 CLAUSE; PROVIDING FOR ' PUBLICATION IN THE OFFI- _ - _ _ - - _ VIDING SECT AN PA E R-AN DATEO. Thank You FI ION 7. Lt Any person, firm or corpora- -_....__�..__ ,._ tion who violates, disobeys, omits, neglects or refuses to comply with or who re- sists the enforcement of any of the provisions of the ordi- nance shall be fined not more than Two Thousand Remit To: hro ($.Each for Customer ID: CIT57 St each offense.Each day that a violation is permitted shall Plfe constitute a separate of- . Customer Name: CITY OF SOUTHLAKE Sandra L.LeGrand ,-.,-City F( Secretary e Tex _._ 76101-2051 Invoice Number: 167000111 Invoice Amount: $68.04 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 166999991 FORT WORTH,TX 76102 Invoice Date: 2/18/00 (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: 16699999 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 CITY of SOUTHLAKE,TEXA I Description: CITY OF SOUTHLA NOTICE was hereby given to all City persons ithat of Publication Date: 2/18/00 the City Council of the City of Attn: EVELYN HI Southlake, Texas, will be holding a public hearing dur j`"# , F tw., =; ing the regular city council • meeting Colto be held on March _ ation Depth Linage MU Rate Amount .... „, �,_. _ 7, 2000, at 7:00 p.m. The -- meeting will be held in the CITY OF SOUTHLAKE,T City Hall,Council Chambers Carroll 8 1 96 96 LINE $5.79 $555.84 Avenue. Southlake, Texas. Purpose of the hearing will be held regarding the follow Sales Discount ing: CITY OF ($478.08) SOUTHLAKE TEXAS ORDINANCE NO.4S0-331 AN ORDINANEE NO ORDINANCE AMENDING 480, AS AMENDED, THE COMPRE- HENSIVE NANCE OFZONIN THE CITYROF Net Amount: $77.76 SOUTHLAKE, TEXAS,. GRANTING A ZONIN CHANGE ON CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS TRACT 5 SITUATED IN THE HIRAM GRANBERRY SURVEY AB- STRACT NO. 581 AND BE- IING APPROXIMATELY 7.939 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ES TATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIRE ORDINANCE;MENTS IN THIS TaCOR CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THE STATE OF TEXAS THAT THE PUBLIC INTER- County of Tarrant ALTWELFFA ES EMANDITHE ZONING CHANGES AND AMENDMENTS HEREIN Before me,a NotaryMADE. PROVIDING THAT Public in i THIS ORDINANCE SHALL BE ate,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for tie Star- Telegram,published by the Sta DI- NANCES-PR OF A s V-orth, in Tarrant-County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertise BFOR A PENALETY F PROVID- INGVII above named paper on the •to ates: OLATIONS HEREOF• PROVIDING A SAVINGS CLAUSE; PROVIDING FOR C <\p 77,, PUBLICATION IN THE OFFI- — v •� VIDING AN EFFECTIVE DATEPRD. SUBSCRIBED AND SWORN Ti SECTION 7. dnesday, February Any person, firm or corpora- tion who violates,disobeys, omits, neglects or refuses _ _ _ _ _ _ to comply with or who re- sists the enforcement of any Public j v DAWN M. KUYKENDALL of the provisions of the orth- nance shall be fined not more than Two Thousand n.1104 COMMI88ION EXPIRES Dollars ($2,000.00) for SEPTEMBER 18,40Q8 each offense.Each day that , a violation is permitted shall constitute a separate of- Thank You For Your I Tense. Sandra L.LeGrand City Secretary City of Southlake,Texas _ .____. e__a.__._a _ Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 166999991 Invoice Amount: $77.76 PO Number: Amount Enclosed: $--.._m .