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480-346CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-346 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 4Gl AND 4H SITUATED IN THE J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, AND BEING APPROXIMATELY 4.0 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 ZON1NG 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 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Page 1 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 concenh~ation 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 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those Page 2 who bought or improved properly 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 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 4Gl and 4H situated in the J. J. Freshour Survey, Abstract No. 521, and being approximately 4.0 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. Page 3 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 heroin 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 commemial 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, Page 4 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 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 thc 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 Page 5 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: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the /~ day of~ MAX/OR ,2000. ATTEST: SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Page 7 EXHIBIT "A" Legal Description Being a portion of the J.J. FRESHOUR SURVEY, Abstract #521 in Tarrant County, Texas and described by metes and bounds as follows: Beginning at a Found 60d Nail in the Centerline of Johnson Road, said nail being 687.03 N 89043'42" E from the Southwest comer of said Freshour Survey; THENCE NORTH, 50.00' to a Found 1/2" Iron Pin; THENCE N 89°43'42" E, 7.00' to a Found 1/2" Iron Pin; THENCE North, 712.96' to a Set 5/8" Iron Pin; THENCE S 89°43'42" W, 312.13' to a Set 5/8" Iron Pin; THENCE NORTH, 492.74' to a Found I/2" Iron Pin; THENCE N 89°43'42'' E, 328.13' to a Found 1/2" Iron Pin in the West line of Lot 10, Block 3, VISTA TRAILS ADDITION, according to plat recorded in Volume 388-82, Page 44, Plat Records, Tarrant County, Texas; THENCE SOUTH, with the West line of said Block 3, 1255.70' to a Found 60D Nail in the Centerline of Johnson Road; THENCE S 89o43'42.. W, with said centerline, 23.00' to the POINT OF BEGINNING and containing 4.00 acres of land, more or less. Page 8 Vicinity Map Tr. 4G1 & 4H J.J. Freshour Survey, Abstract No. 521 CITY OF KELLER 2000 0 2000 Feet N S Case No. Agenda Item Attachment B ZA00-037 7B Page 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 176358761 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/21/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17635876 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 7/21/00 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAI SOUTCITY OF l ,�' KK LINE $5.79 $509.52 HLAKE, TEXAS 135 ORDINANCE NO. AN ORDINANCE AMEND- Sales Discount ING ORDINANCE NO. ($438.24) 480 ON- AS AMENDED, THE INOPREHENSIVE G�ORDINANCE OF ZTHE CITY OF SOUTHLAKE, TEXAS' GRANTING A A CERTAIN CHANGEZONIN TRACT ON OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- Net Amount: $71.28 LAKE TEXAS BEING LE- GALLY DESCRIBED AS TRACH SITUATED S 4 IN THEE 4 J ING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR WITH- IN• ACTS OF THE CITY LANDO OF SOUTH- LAKE TEXAS BEING LE- GALLY DESCRIBED AS TRACTS 4G1 AND 4H SITUATED IN THE J.J FRESHOUR SURVEY, AB- BEI• NG T APPROXIIVIAT ELYY 4.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICUL- TURAL DISTRICT TO "SF THE STA`E OF TEXT 1A" SINGLE FAMILY RESI- County of Tarrant J CT• IAL DISTRICT,SPECIFIC REQUIREMENTS CON- TAINED IN THIS ORDI- Before me,a Notary PI TNAE CEbFFICIAL CCOR ZOCTING NING y and State,this day personally appeared 1 .MMIE BRYANT, id and Legal Coordinator, for the Star- Telegram, published by MAP., PRESERVING ALL;Fort Worth, in Tarrant County, Texas;an who,after being c_ly sworn,did depose and say that the NL attached clipping of an is,., NS OF HOVDINGkR OF�Rya,MR%`,'d in the above named piper on the listed 3tes: HEREO FR PROVIDING NA c--S E0 SAVINGS CLAUSE Pc? RO- IN THE EFORFFICIALI�NEWS- / PAPER AND PROVIDING THIS Friday,July 21, 2 SUBSCRIBED AND WI AN E SECTIONDATE. Any Person, firm or cor- disobe n who violates, Notary Public disobeys, omits, ne- glects, or refuses to , comply with or who re- sists the enforcement of any of the provi- sions of this ordinance , COMMISSION EXPIRES shall be fined not '=� more than Two Thou- sand Dollars _. SEPTA'-�E'R tS, 2003 offer e�-Eachf r each Thank You For a violation is Y that to existp shall permitted Pa separate offenseD .AP „ PROVED BSED Y nTHE CITY COUNCIL OF THE CITY OAS F SOUTH H SEA 8TEX- H DAY OF ATT JULY 2000. Remit To: Star- ST:RICK STACY SANDRA L. LEGRAND, Customer ID: CIT57 P.O. CITYAPPROVED SECRETARY AS TO Customer Name: CITY OF SOUTHLAKE FORM: FOR E. ALLEN TAY;OR JR, 6101-2051 Invoice Number: 176358761 CITY ATTORNEY _ Invoice Amount: $71.28 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 175223891 FORT WORTH,TX 76102 Invoice Date: 6/30/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 17522389 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/30/00 := , Location Col Depth Linage MU Rate Amount CIIY U, CITY OF SOUT NOTIOCE waassKherebyXgi en IC 135S 1 95 95 LINE $5.79 $550.05 to all interested persons that the City Council of ($473.10) the City of Southlake, Sales Discount Texas will be holding a public hearing during the regular city council meet- ing to be held on July 18, 2000, at 7:00 p.m. The meeting will be held in the City Council Cham- bers of City Hall, 667 Net Amount $76.95 North Carroll Avenue, Southlake, Texas. Pur- pose of the hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-346 AN ORDINANCE AMEND- ING ORDINANCE NO. 480 AS AMENDED, THE 'COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A .•ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- 'LAKE TEXAS BEING LE- GALLY' DESCRIBED AS TRACTS 4G1 AND 4H SITUATED IN THE J.J. FRESHOUR SURVEY, AB- THE STATE OI NO. 521. AND BE BEING T APPROXIMATELY County of Tam FU LY AND COMPL TELY DESCRIBED IN EXHIBIT A' FROM "AG" AGRICUL- Before me,a N TURAL DISTRICT ro "SF-d County and State,tn.::,:ay personally appeared TAMMiE BRYANT, Bid and Legal Coordinator, for the tar- Telegram, publ ENTIA G DISTRICT SUB-1, Inc.at Fort Worth, arrant County, Texas;and who, after being duly sworn,did depose and say that the attached ci pil JECT TO THE SPECIFIC s published in the abo.• :..3med paper on the li ed dates: P REQUIREMENTS ON- TAI ED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING Igrte MAP; PRESERVING ALL —.- - OTH1_R PORTIONS OF SUBSCRIBED, THE NANCE;ZONINGDETERMINING 2E ME THIS Friday, 30,2000. THAT THE PUBLIC INTER- EST MORALS AND GEN- ERAL WELFARE DEMANDa..--eZ., THE ZONING CHANGES Notary PL_ AND AMENDMENTS HEREIN MADE; PROVID- ING _ e NA THAT THISE ORDI- NANCE +� DAWN M. KUYKENDALL NA IVE SHALL BE CUMU- LATIVE OF ALL ORDI COMMISSION EXPIRES NANCES; PROVIDING A, •�� SEOVIDINLIIY CLAUSE; ,�� SEPTEMBER 13,2003 PROVIDING FOR APENAL- t�l��y Thank Yoi,' TY HEREO OR PROVOID NG NA lent SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION .— -———— IN THE OFFICIAL NEWS- PAPER- AND PROVIDING AN EFFECTIVE DATE. SECTION 7. Any person, firm or corpo- ration who violates, dis- obeys, omits, ,neglects Customer ID: CIT57 Remit To: or refuses to comply with or who resists the enforcement of any of Customer Name: CITY OF SOUTHLAKE the provisions of this or- dinance shall be fined not more than Two Thou- sand Dollars ($2,000.00) TX 76101-2051 Invoice Number: 175223891 for each offense. Each day that a violation is permitted to exist shallInvoice Amount: $76.95 constitute a separate of- Invoice Amount: $76.95 fense. Sandra L. LeGrand PO Number: City Secretary City of Southlake, Texas _ Amount Enclosed: IS