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480-333CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -333 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 3D SITUATED IN THE J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, AND BEING APPROXIMATELY 5.03 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 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural WCOMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 333. DOC 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 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 - FILES \ZBA \PENDING \480- 333. 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 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 Tract 31) situated in the J. J. Freshour Survey, Abstract No. 521, and being WCOMMUNITY DEVELOPMENT \WP- FILES\ZBA \PENDING \480- 333. DOC Page 3 approximately 5.03 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" 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 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. NACOMMUNITY DEVELOPMENT\WP- FILES \ZBA \PENDING \480- 333.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. 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 the courts. N: \COMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 333. 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 A ) day of , 2000. Moe F®R" -ea Isa- \ ®w . Imo a a t u u U���� � 4�KF ii o ATTEST: SECRET N: \COMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 333.DOC Page 6 PASSED AND APPROVED on the 2nd reading the —f— day of , 2000. / ....... /r �s APPROVED AS TO FORM AND LEGALITY: 9A \j a I =, CITY ATTORNEY �p DATE: ADOPTED: �( EFFECTIVE: - O I I �• g �l ATTEST: AIT U4 41A � — .J . ♦ I kiL I NACOMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 333.DOC Page 7 EXHIBIT "A" LEGAL DESIONNION: BEING A 5.03 ACRE TRACT IN THE J. J. FRESHOUR SURVEY, ABSTRACT NO. 521, TARRANT COUNTY, TEXAS, AND BEING THE REMAINDER OF A CALLED 10 ACRE TRACT AS DESCRIBED IN DEED TO HARVEY FORNHOF, AND WIFE, KATHY FORNHF, RECORDED IN VOLUME 8196, PAGE 1692, OF THE DEED RECORDS, TARRANT COUNTY. TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 1/2 INCH STEEL ROD IN THE NORTH LINE OF SAID J. J. FRESHOUR SURVEY AND IN THE CENTER OF FLORENCE ROAD, AND IN THE NORTHWEST CORNER OF A 1.0 ACRE TRACT AS DEEDED TO OPAL V. CONYERS, RECORDED IN VOLUME 12069, PAGE 1309, OF THE DEED - RECORDS OF TARRANT COUNTY, TEXAS; THEN S01'13'45 "E ALONG THE WEST LINE OF SAID 1.0 ACRE TRACT, 1391.21 FEET TO A FOUND PIPE IN THE NORTH LINE OF LOT 10, BLOCK 2, OF RIDGEWOOD II; THEN S89'10'12'W ALONG THE NORTH LINE OF SAID LOT 10, 159.35 FEET TO A FOUND 80D NAIL IN THE NORTH LINE OF LOT 9, IN SAID BLOCK 2; THEN N00'20'21 "W LEAVING SAID NORTH LINE, 1393.50 FEET TO A FOUND 1/2 INCH STEEL ROD IN THE CENTER OF SAID FLORENCE ROAD;. THEN N90'00'00'E ALONG SAID CENTER UNE, 159.35 FEET TO THE POINT OF BEGINNING, AND CONTAINING 5.03 ACRES OR 219225 SQUARE FEET OF LAND. WCOMMUNITY DEVELOPMENT\WP- FILES \ZBA \PENDING \480- 333. DOC Page 8 City of Southlake, Texas Tract Map ZAO0 -008 N W E S 7c -z City of Southlake, Texas Surrounding Property Owners w ZAOO -008 Property Owners Zoning Land Use Designation 1. T. Ketchem 1. "SF -1 B" 1. Medium Density Residential l 2. B. Bland 2. "SF -1B" 2. Medium Density Residential2 3. B. Bland 3. "SF -1B" 3. Medium Density Residentia13 4. City of Southlake 4. "CS" 4. Public /Semi - Public 5. J. Harrington 5. "AG" 5. Low Density Residential 6. O. Sconyers 6. "AG" 6. Low Density Residential 7. Newcastle Properties LLC 7. "AG" 7. Low Density Residential 8. A. Wells 8. "AG" 8. Low Density Residential 9. K. Thorne 9. "AG" 9. Low Density Residential 10. T. Casillas 10. "AG" 10. Low Density Residential 11. Wells Construction Co. Inc 11. "AG" 11. Low Density Residential 12. H. Logan 12. "AG" 12. Low Density Residential 13. D. Kelly 13. "AG" 13. Low Density Residential 14. Fred Joyce -Mary Myers 14. "SF -20A" 14.Medium Density Residential Ent. Inc. 15. R. Duke 15. "SF -20A" 15. Medium Density Residential 16. K. Burghart 16. "SF -20A" 16. Medium Density Residential 17. W. Roepka 17. "SF -20A" 17. Medium Density Residential 18. D. Brown 18. "SF -20A" 18. Medium Density Residential 19. G. Clark 19. "SF -20A" 19. Medium Density Residential 20. C. Owens 20. "SF -20A" 20. Medium Density Residential \ \SLKSV4001\Loca1\Community Development \WP - FILES \NOTICE\2000 Exhibits \00- 008Z.doc Acreage 1.599 acres 1.000 acres 1.386 acres 4. 5.000 acres 5. 5.000 acres 6. 1.000 acres 7. 1.82 acres 8. 1.72 acres 9. 0.42 acres 10. 1.39 acres 11. 0.66 acres 12. 0.50 acres 13. 1.00 acres 14. 0.686 acres 15. 0.468 acres 16. 0.703 acres 17. 0.485 acres 18. 0.459 acres 19. 0.459 acres 20. 0.628 acres ?C -3 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 170100481 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: 17010048 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/7/00 CITY OF SOUTHLA SOUTHKE,FTEXAS I 1358 1 85 85 LINE $5.79 $492.15 ORDINANCE NO. 480-333 AN ORDINANCE AMEND- ($423.30) Sales Discount ING ORDINANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS GRANTING A ZONING CHANGE CERTAIN TRACT ON OR Net Amount: $68.85 TRACTS OF LAND WITH- IN THE CITY OF SOUTH- LAKE TEXAS BEING LE- GALLY DESCRIBED AS TRACT 3D SITUATED IN IN J.J. FRESHOUR SUR- VEY, ABSTRACT NO. 521 AND BEING AP- PROXIMATELY 5.032 ACRES, AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTUR- AL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDEN TIAL DISTRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS ORDINANCE; -CORRECTING THE OFFI- CIAL ZONING MAP' PRE- SERVING ALL OTHER PORTIONS OF THE ZON- ING ORDINANCE; DETER- MINING THAT THE PUB- THE STATE OF TE)I LIC INTEREST, MORALS AND GENERAL WELFARE County of Tarrant DEMAND THE CHANGES AND AMEND MENTS HEREIN MADE, PROVIDING THAT HIS Before me,a Notary ORDINANCE HALL T BE my and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published I SINANCESIVEPROVIDINGS n at Fort Worth, in Tarrant County,Texas;and wh after being duly sworn, did depose and say that the attached clipping of a sEvER PROVIDING FOR n PENAL shed in the above named paper on the listed dates: TY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS L CLAUSE PRO- i ne VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- SUBSCRIBED AND', ANPENECTIVE DATEIDING THIS Wednesday,April 12 000. / tor ration 7. Any person, firm or corpo- ration who violates, dis- obeys, omits, neglects Notary Public `l "...L.—Ai / ' or refuses to comply _ with or who resists the - - - - - • - - _ _ enforcement of any of. DAWN M. KUYKENDALL the provisions of this or- , dinance shall be fined '�� COMMISSION EXPIRES not more than Two Thou- '/� sand Dollars ($2,000.00) 1 �t�. for each offense. Each SEPTEMBER 13,2009 day that a violation is - Thank You Fo permitted to exist shallt _ - - - - constitute a separate of- fense. m v_ PASSED AND APPROVED- BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE, TEXAS, ON THIS THE 4th DAY OF APRIL, 2000. MAYOR RICK STACY ATTEST Remit To: St,SANDRA L. LEGRAND, Customer ID: CIT57 CITY SECRETARY P. EPALOLEN TAYL R JRRM: Customer Name: CITY OF SOUTHLAKE CITY ATTORNEY FORT WORTH, TX 76101-2051 Invoice Number: 170100481 Invoice Amount: $68.85 PO Number: Amount Enclosed: 1$ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 169185791 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: 16918579 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/24/00 $t age MU :' Rate Amo ; III CITY OF CITY OF SCNOTI SOUTHLAKE, hereby given NOTIC I358 1 91 91 LINE $5.79 $526.89 to all interested persons that the City Council of Sales Discou iake,T x'as, behold- ($453.18) ing a public hearing Bur- in the regular cityy coun- Ap me4,in2000, at 7:00 hm. The 2meebng will be eld in the City Council Chambers of City Hall, Net Amount $73.71 667 North Carroll Avenue, Southlake, Texas. Pur- sde regarding of the hearing follow- will be held "'CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-333 AN ORDINANCE AMENDING ORDINANCE ETHE 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 BE- ING LEGALLY DESCRIB AS TRACT 3D SITUATED IN THE J.J. FRESHOUR SU ASTRAT NO. 521,AND BE BEING APPROXI- THE STA MATELY 5.03 ACRES, County of COMPLEOTELY FEY ESCR BED IN EXHIBIT 'A' FROM 'AG' AGRICULTURAL DISTRICT Before me To sF-tASIDENT FAN, L DIS F -or said County and State,this day personally appeared TAMMIE BR I T, Bid and Legal Coordinator, for the Star- Telegram, TRICT SUBJpECT TO THEegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after ': duly sworn,did depose and say that the REIREattached c CONTAINED INUTHIIS ORD-1t was published in the above named paper o e listed dates: NANTHE CEOFFICIAORRZONING NG MAP; PRESERVING ALL OTHER PORTIONS OF THE C ZONING ORDINANCE; DE- —- TERMINING THAT THE SUBSCRIE ALS PUBLIC INTEREST, OR_EFORE ME,THIS Tuesday,March 2 , 2000. FARE DEMAND THEL� /� ZON- ING CHANGES AND `C AMENDMENTS HEREINREIN NotaryPublic • MADE; PROVIDING THAT THIS ORDINANCE SHALL - - BE CUMULATIVE OF ALL ORDINANCES PROVIDING DAWN M. KUYKENDALL A SEVERPROVIDING FOR CLAUSE; .� COMMISSION EXPIRES PROVIDING FORA PENAL- TY FOR VIOLATIONS HERE- /\PROVIDING A SAV- � SEPTEMBER 19,2009 IN INGS CLAUSE PROVIDING Thank Y FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; anent AND PROVIDING AN EF- FECTIVE DATE. ---- —-- SECTION 7. Any person, firm or corpo- ration who violates, dis- obeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the prow- Remit Tt ssion hall bef fined not is e more Customer ID: CIT57 than Two Thousand Dol- lars for each ;1 Customer Name: CITY OF SOUTHLAKE offense.se.Each day that a vi- olation is permitted to ex- ist Shall constitute sepa- [ TX 76101-2051 Invoice Number: 169185791 rate offense. Sandra L.LeGrand City Secretary $73.71 City of Southlake,Texas Invoice Amount: PO Number: Amount Enclosed $