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480-334CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-334 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 2B, SITUATED IN THE T. M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 5.358 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 role 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 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural N:/COMMUNITY DEVELOPMENT/WP-FILES\ZBA\PENDING/480 334 DOC Page i 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, 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 N:\COMMUNITY DEVELOPMENT/WP FlLES\ZBA\PENDlNG/480-334 DOC Page 2 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 detem'fined 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2B, situated in the T. M. Hood Survey, Abstract No. 706, and being N:/COMMUNITY DEVELOPMENTM FILES~ZBA/PENDING\480-334 DOC Page 3 approximately 5.358 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 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 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. N.\COMMUNITY DEVELOPMENT\WP FILES/ZBA/PENDING/480 334 DOC Page 4 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. SECT1ON 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 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. N:/COMMUNITY DEVELOPMENT/WP FI LES\ZBA / PENDING/O,80-334.DOC Page 5 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~2000. ATTEST: N:/COMMUNITY DEVELOPMENT/WP FILES\ZBA\PENDING\480-334.DOC Pagc 6 PASSED AND APPROVED on the 2nd reading the ~ day of ~ ,2000. ATTEST: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY //~ DATE: ~./~ ADOPTED: ~ ~,- ~ EFFECTIVE: . I ' N:/COMMUNITY DEVELOPMENT~WP FILES\ZBA\PENDING\480-334.DOC Page 7 EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT~ THAT WHEREAS, KENNETH WAYNE }{ILL AND LORRIE ELAINE HILL, are the owner's of a tract in the Thomas M. Hood Survey Abstract No. 706 situated in the City of Southlake, Tarrant County, Texas, as described in a deed recorded in Volume 13081, Page 409, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a I/2" capped iron found at the Northeast corner of of Lot 34, Block 3, Coventry Manor Phase II, an addition to the City of Southlake, Tarrant County, Texas as shown on a plat recorded in Cabinet A, Slide 3320, Plat Records, Tarrant County, Texas, said point being the Northwest corner of the herin described tract; THENCE $. 89o-26'-38" E. 667.0l feet along the south line of a tract described tn a deed of record in Volume 5169, Page 553, Deed Records, Tarrant County, Texas,to a I/2" iron found in the west line of Shady Oaks Drive for the Northeast corner of the herein described tract; S. 00-45'-54" W. 350.53 feet along the west line of Shady Oaks Drive. to a l/2" iron found in same for the Southeast corner of the herein described tract; N. 89o-25'-36-w. 666.7l feet along the north line Of a tract described in a deed recorded in Volume 11036, Page 2312, to a i/2" iron found tn the east line of Lot 6, Block 3, of Coventry Manor, Phase If, above referenced; N. l°-07'-16" E. 218.70 feet along the east line of Block 3, to a 1/2" iron found in same; N. 0o-02'-41'' E. 131.64 feet continuing along the east line of said Block 3, to the POINT OF BEGINNING and containing 5.358 ~-/- acres. THENCE THENCE THENCE THENCE N /COMMUNITY DEV ELOPM ENT~W P- FILES\ZBA\PENDING\480- 334. DOC Page 8 I ROBIN MO<GKI NJGBIJ;ID PHEASANT u ..,L.. ~ o o <{ I C/) City of Southlake, Texas Tract Map ZAOO-011 BRITTANV ~ REGAL OA~S OAK PLANTATtON ....~.. "1J m -< '-j posT.9fr.KP ,ZA' , <- . , :'r=!;? CYPRESS C G) .' m(j) '" ~ ) lY o <( ~ 0 > W " 0 FOREST Z b 0) ~ \-"\\DD~~<6, f5 z Q (J) I'-' (J) ~. ~ ~' :is: EO m ;,0 ~ o Q: 8 ~S7'~L.L.~ o S ~ ~'r'-\)O ~ ~ ~ a:J <= I,. n!~ ,:L- li~ !- -jm .; : . '0 RA VENAU;X , I ~. :JJi COWNTRYSYOE}n n GARoitN ! 'CI) LAUJREL..~=e t.u: l.JJ _ . _:1-li N0~~IC~ . -- TURr'JBERRY ! F?AVEN.'S' END TRAVI9" I BR1\ZOS.LdVn~G' o.,'E.-~ (]> LLANO .,~v 2000 o N w s if) b (J) I Cl> o -< '0 Cl> A (J) DO\LE 'In I FOX GLEN, HIGHlLl>INO' n ~IGHLAND n.'-,0-' ..' "G ,n~~ \-iG:l n~-r ' ~m n<,(_" .;::0 AscdfllfS;c j . .,.it. ~ I '~j ....T~i.J,,~~-~,,--- .o_..,~p:= ,': omi . I.U,~i!J.r \ , ..if) ::5> CFf~I?EFQ~WN~; ,8/;:' ,-t.",. ..',-" ,. ',-.'..i,; , : i ;o,~..:' ;:::I~j I,. ' -'ALiAM(!j . e.....,j .1'1_" . - 2000 Feet E Surrounding Property Owners ZAOO-Oll -'- -', '. , \ "" "-\ " '" '"'" f '- ' ...., -........... ...... ....-../. .........,,, ..... -....... 8 9 Property Owners Zoning Land Use Designation Acreage I. D. Deck 1. "SF -1 X' 1. Low Density Residential 1. 2.49 acres P. Salinas 2. "AG" 2. Low Density Residential 2. 0.95 acres ~. A. Sanchez "l "AG" 3. Low Density Residential "l 0.50 acres .). .). 4. P. Salinas 4. "AG" 4. Low Density Residential 4. 0.93 acres .:; .J. Phillips 5. "SF-IA" 5. Low Density Residential 5. 1.00 acres 6. D. Ahlers 6. "SF -1 A" 6. Low Density Residential 6. 2.27 acres 7 B. Passmore 7. "SF-IA" 7. Low Density Residential 7. 4.70 acres 8. M. Stevens 8. "SF-IA" 8. Low Density Residential 8. 5.04 acres 9. S. Richardson 9. "SF-IA" 9. Low Density Residential 9. 5.09 acres 10. C. Willingham 10. "AG" 1 O. Low Density Residential 10. 1.67 acres 11. G. Stewart 11. "AG" 11. Low Density Residential 11. 0.79 acres " E Sh . 12. "AG" 12. Low Density Residential 12. 1.30 acres 1_. .k upmg ) j. L. Dixon 13. "AG" 13. Low Density Residential 13. 1.00 acres 14. L. Dixon 14. "R-PUD" 14. Low Density Residential 14.0.74 acres 1 5. W _ Margozewi tz 15. "R-PUD" 15. Low Density Residential 15. 1.00 acres 16. M. Hanan 16. "R-PUD" 16. Low Density Residential 16. 1.00 acres 17. J. Milner 17. "R-PUD" 1 7. Low Density Residential I 7. 1.15 acres 18. E. Jacobson 18. "R-PUD" 18. Low Density Residential 18. 1.00 acres N: Community Development\ WP-FILES\NOTICE\2000 Exhibits\OO-Q II Z.doc iD.3 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 170100501 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 667 N CARROLL AVE Order Number: 17010050 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/7/00 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE.TEXAS—ORDIN I358 1 85 85 LINE $5.79 $492.15 CITY OF SOUOR ID NANCES Sales Discount NO. 480-334 ($423.30) AN G OR OINANCE RDINANCE AMEND- ING 480 AS AMENDED, THE COMPREHENSIVE ZON- NG ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS GRANTING d Net Amount: $68.85 ZONING CHANGE ON A I CERTAIN TRACT OR INACTS OF LAND WITH- IN THE CITY OF SOUTH- LAKE, HLE- GALLY DESCRIB DG AS TRACT 2B SITUATED IN IN T.M. HOOD SURVEY, ABSTRACT NO. 706, AND MATELY 5.358 AACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM AG' AGRICULTUR DISTRICT FAMILY TO SIN- GLERESIDEN- TIALTO HETRSPECISUBJECT C,ERE- QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFI- CIAL ZONING MAP, PRE- SERVING ALL OTHER THE STATE OF ING ORDINANCE;H DETOER- COunty of Tarra IrINT THAT EREST,T MORA PUB- LICHE ANDDEM GENERALANDTHE WELFARE ZONING Before me,a N CHANGES AND AMEND- - ounty and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,publis MENTS HEREIN MADE; PROVIDING THAT THISInc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clippin ORDINANCE SHALL BE CUMULATIVE OF ALL OR- ublished in the above named-paper o •• listed dates: DINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDINGFOR FOR A VIOLATIONS OAL- TY NS `^_ �, Q C HEREOF, PROVIDING ne SUBSCRIBED A VIDING OR PUBLICATION IN THE OFFICIAL NEWS-ME, THIS Wednesday,April 1 2000. PAPER' AND PROVIDING AN EFFECTIVE DATE.. Any.person, firm or corpo- Notary Public i ration, obeys,who omits,latnegldct e s or refuses to comply _ _ _ __ ^ with or who resists the enforcement of any ofDAWN M. KUYKENDALL the provisions of this or- D dinance shall be fined rule.e) =y COMMISSION EXPIRES not more than Two Thou- sand Dollars (S2,000.00) SEPTEMBER 13,2003 Thank You for each offense. Each It day that a violation is permitted to exist shall constitute a separate of _ .�- _•_._ _.e®. w- ,� ——___..�._....._._ Tense. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE, TEXAS, ON LATHIS S THE THE04th DAY OF APRIL, Remit To. MAYOR RICK STACY Customer ID: CIT87 ATTEST: P SANDRA L. LEGRAND, CITY SECRETARY Customer Name: CITY OF SOUTHLAKE APPROVED TAYLOR ASTO FORM: Fl E. JR.,CITY ATTORNEY_ , ___ 761 O 1-2OS 1 Invoice Number: 170100501 Invoice Amount: $68.85 PO Number: Amount Enclosed: :$ 1 9 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 169185811 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/24/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 16918581 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA CITY OF ICESOUTHLAKE,sTE given Publication Date: 3/24/00 NOTICE was hereby given to all interested persons that the City Council of the City of shoed ation Col Depth Linage MU Rafe Amount to all exas, will be hold- ,- a public hearing dur Tit;the regular city coun- CITY OF SOUTHLAKE,1 April 4ting000bea[e17:00 58 l 91 91 LINE $5.79 $526.89 p.m. The meeting will be held in the City Council' Chambers of City Hall, Sales Discount 667 North Carroll Avenue, ($453.18) Southlake, Texas.' Pur- pose of the hearing will be held regarding the follow- . nCIg TY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-334 Net Amount: $73.71 AN ORDINANCE AMENDING ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS.; GRANTING A ZONIN CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF INGULEGALLY DESCRIBED AS TRACT 28, SITUATED IN THE T.M. HOOD SUR- VEY,ABSTRACT NO. 706, AND BEING APPROXIMATE- LY 5.358 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED IN EXHIBIT"A"FROM"AG"AG- RICULTURAL DISTRICT TO "RE"SINGLE FAMILY RESI- DENTIAL DISTRICT SUB- RE- THE STATE OF TEXAS OUIREME TO NTS COE NTAINED ICounty of Tarrant RM1IECTING THISRTTHE NOFIr CIAL ZONING MAP- PRESERV- ING ALL OCHER POR- Before me,a Notary Public OW,-THDETERMINING I State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published by the THAT THA THE PUBLICGNTELS R- t Worth, in Tarrant County, Texas;and who,after being ly sworn,did depose and say that the attached clipping of an adve TAL WELFARE HE ZONING c EMANDD 'the above named paper on the listed dates: AND AMENDMENTS HERE- IN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; SUBSCRIBED AND SWORI PRPYOV CLAUSE; PROVIDING SBING Tuesday,March 2000. FOR A PENALTY FOR VIOQ:::7 - LATIONS HEREOF- PRO- CLDING A AUSE; PROVIDINGIFIOR S IOtary Public e PUBLICATION IN THE OFFI- CIAL NEWSPAPER,' AND PROVIDING AN EFFECTIVE DATE. DAWN M. KUYKENDAL SECTIONn, or �'=�4 COMMISSION EXPIRES Any person, firm or corpo- /\ ration who violates,neglects or SEPTEMBER 13,2003 obeys,omits, neglects or '�[�LYJ' Thank You For YOB refuses to comely with or i_ who resists the enforce- ment of any of the provi- sions of this ordinance shall be fined not more than Two Thousand Dol- lars($2,000.00)for each offense.Each day that a vi- olation is permitted to ex- ist shall constitute a sepa- rate offense. Remit To: Star-TeleSty raL eta Grand Customer ID: CIT57 City of Southlake,TPxas P.O. Box 9U1U51 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 169185811 Invoice Amount: $73.71 PO Number: Amount Enclosed: .$