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480-448CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-448 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 3A1A, 3A1A2, AND 3A1D2, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 16.93 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -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 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 Page 1 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 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, Page 2 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 3AlA, 3AIA2, and 3A1 D2, situated in the F. Throop Survey, Abstract No. 1511, being approximately 16.93 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. Page 3 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. 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, Page 4 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. 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 fifteen (15) 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. Page 5 PASSED AND APPROVED on the 1st reading the 19 day of October, 2004. MA YOR ATTEST: ',,�� •••....�M• O -i,� 0 •:� CITY SECRETARY s co PASSED AND APPROVED on the 2nd reading the 9 day of November, 2004. ''�•,,;?�* , \\ ATTEST: r/A CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: /j- q -0q EFFECTIVE: /01.01 ,..••� soUry .,l,. • ' m ' j� v j� Page 6 10 ttaturly Being Tracts 3AIA, 3AIA2, and 3AID2, situated in the F. Throop Survey, Abstract No. 1511, being approximately 16.93 acres. I PROPERTY DESCRIPTION' BEING a 16-93 acre tract of land, currently zoned agricultural, situated in the FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, Tan-ant County, Texas and being the tract owned by Phil Chaffins and Bryan Elliot, described in a deed of record in TR 3AI A, TR 3AID2, and Volume 13275, Page 158, Deed Records, Tarrant County, Texas said tracts being contiguous are considered for the purposed herein as on tract and is more particularly described by metes and bounds as follows. BEING a tract of land more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said tract. THENCE North 00'49'00" West, a distance of 1408.44 feet to the northwest comer of said tract; THENCE EAST, a distance of 550.00 feet to the northeast comer of said ft-act; THENCE South 00 East, a distance of 670.01 feet to an angle point; THENCE South 00'3822" East, a distance of 218.84 feet to the easternmost southeast comer of said tract; THENCE South 89 West, a distance of 62.66 feet to an interior ell comer; THENCE South 00 West, a distance of 519.25 feet to the southernmost southeast comer of said tract; THENCE North 89 West, a distance of 471.34 feet to the POINT OF BEGINNING. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE Page 7 INVOICE ' Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 248746371 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 11/12/04 Federal Tax ID 22-3148254 - .'----"' Terms: Net due in 21 days l Due Date: 11/30/04 Bill To: �1 : DEG 1 5 ►� PO Number: CITY OF SOUTHLAKE ..-..II 1400 MAIN ST OFFICE OF CITY SECRETARYOrder Number: 24874637 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn KATHY DIMAGGIO/SHARON BARRE Publication Date: 11/12/04 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE OI ctrr OF SOUTH- 13580 I 104 104 LINE $0.81 $84.24 ORQINANCE NO. 480-448 AN ORDINANCE AMENDING ORDI- AMENDED 480'THE COMPREHENSIVE Net Amount: $84.24 ZONING ORDI- NANCE OF THE CITY TEXASS GRANTINEG! A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACTS 3A1A, 3A1A2 AND 3A1D2, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. PRIOXIIMATELY MORE ACRES, AND - COMPLETELY DE- SCRIBED IN EXHIBIT 1.4''Ilk., CHRISSTY L.HOLLAND A" FROM "AG" AG- RICULTURAL DIS- =_; *: MY COMMISSION EXPIRES TRICT TO "SF-1A" SINGLE FAMILY "s^�•, F, July 31,2008 RESIDENTIAL DIS- ';f�'p'f F TRICT SUBJECT TO h. THE STATE OF TEXAS THE SPECIFIC RE- County of Tarrant TAINED RE- QUIREMENTS CON- County ORDINANCE; COR- RECTING THE OF- FICIAL ZONING Before me,a Notary Public MAP; PRESERVING id State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,publi; ALL OF POE i, Inc.at Fort Worth,in Tarrant County,Texas; and who, after being duly sworn, did depose and say that the attached clipping of ZONING Pal: iblished in the above named paper on the listed dates: BIDS 8I LEGAL DEPT. STAR TLEGRAM NANCE; DETER- p p (817) 390-7320 MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ;ig ned ING CHANGES AND AMENDMENTS SUBSCRIBED AND SWORD PROVIDING MTHAf THIS ORDINANCES Wednesday, ve a 24, 2004. (44-"i SHALL BE CUMU- LATIVE OF ALL 1 ORDINANCES; SEV=Notary Public ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO-1 LATIONS HEREOF; PROVIDING A SAV- Thank You For Yo1.. PROVIDING LA FOB I PUBLICATION IN _...._..****.,�, -.__._._ THE OFFICIAL, PROVIDINGRAN AND EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- Remit To: ' latgs,disobeys,omits, Customer ID: CIT57 Star-Tele' neglects or refuses to comply with or who P.O. Box remeat the enforce- Customer Name: CITY OF SOUTHLAKE enforce- ment of any of the provisions of this or- dinance shall be fined FORT W not more than Two )1-2051 Invoice Number: 248746371 Thousand Dollars offennse.Each day that a violation is permitted Invoice Amount: $84.24 to exist shall consti- tute a separate of- fense. PO Number: PASSED AND AP- . ,I PR VEp THIS THE 9th DAY OF No- Amount Enclosed:• VEMBER, AEG: DLARR CITY COUN- MAYOR'ETING. Andy W mbiganss A t I EST: Lon Farwell, City Secretary INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 248137391 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/30/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/04 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24813739 STE 440 CITY OF Sales Rep: 073 SOUTHLAKE. SOUTHLAKE, TX 76092-7604 by the is hereby Council of Description: CITY OF SOUTHLA the City of Southlake, Texas, that a public hearing will be held Publication Date: 10/30/04 on November 9,2004, at 6:00 p.m. or im yt ,,'_w , mediately following w c� �� �� .�; a the. Work Session s' tI t� �t�_ .: Amount'-,., t„ � Bunng the Regular i City Council meeting to be held in the City CITY OF SOUTHLAKE Notice is he Council Chambers of 1 16 116 LINE $0.81 $93.96 Town Hall,1400 Main Street, Southlake, Texas.Purpose of the public hearing is to consider the second reading of the fol- lowing NO. Net Amount: $93.96 480-448 '/n'�^ n AN ORDINANCE 11 1 11 11 7} AMENDING ORDI- n S °°11 fff lllllJJl 1 AMENDED 48OTHE COMPREHENSIVE ...j ZONING ORDI- 2004 OFNCESOUTHLAAKE TEXAS GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN OFFICE OF CITY SECRETARY THE CITY OFA SOUTH NAKE,GAL Y DESCRIBED AS TRACTS 3A1A, L---tl,►ati 11.,r rims twr ft" 3A1A2 AND 3A1D2, yea,, SITUATED IN THE F. �jt1s CHRISTY L.HOLLAND THROOP SURVEY, ABSTRACT NO. *I * MY COMMISSION WIRES 1511 BEING AP- ,f PROXIMATELY , ".4„��', Jury91,2008 16.93 ACRES AND MORE FULLY AND - COMPLETELY DE- THE STATE OF TEXAS SCRIBED IN EXHIBIT County of Tarrant RICULTOURALG DAIS- TRICT TO "SF-1A" SINGLE FAMILYSIDENTIAL appeared Lisa Wesselman, Bid and Legal Coordinator Before me,a Notary Public in and for said County a TRICT SUBJECT TO ially pp for the Star-Telegram, published by the Star-Telegra THE PECi FI RE- 1 Tarrant County,Texas;and who,after being duly sworn, did depose and say QUIREMCON- that the attached clipping of an advertisement was f oRDNED IN; cos med paper n the listed dates: BIDS ez LEGAL DEPT. STAR TLEGRAM NCE (817) 390-7320 RECTING THE OF- a FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- SUBSCRIBED AND SWORN TO BEFORE ME, TF PUBLIC INTEREST 'r 10, 4 . MORALS AND GEN- ERAL WELFARE , DEMAND THE ZON- 4-4- Cl - ING CHANGES AND AMENDMENTS HEREINPROVIDING MTHAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; Thank You For Your Payment PROVIDING CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; -"'- PROVIDING A SAV- PROVIDING FOFI PUBLICATION IN THE OFFICIAL D Remit To: Star-Telegram PROVIDINGRANAEF-- Customer ID: CIT57 FECTIVE DATE. P.O. Box 901051 SECTION 7. person, firm or Customer Name: CITY OF SOUTHLAKE Any corporation who vio- lates,disobeys,omits. FORT WORTH, TX 76 neglects or rh refuses who Invoice Number: 248137391 resists the enforce- ment of any of the Invoice Amount: $93.96 provisions of this or- dinance shall be fined not more than Two PO Number: Thousand Dollars ( 000.00) for each offense. vl l�Each day Amount Enclosed: to exist shall consti- tute a separate of- fense. 1 City of Southlake Lon Farwell -I City Secretary