Loading...
480-466CITY OF SOUTHLAKE TEXAS` €'C^r, ORDINANCE NO.480-466 � °' n 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 1G3, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO.350, BEING APPROXIMATELY 1.035 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 Case No. ZA05-051 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, Case No. ZA05-051 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 Tract 1 G3, situated in the J. Chivers Survey, Abstract No. 350, being approximately 1.035 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B" and subject to the following: 1. The fence line along the south property line being wrought iron for approximately 174 feet (lot 16) with the remaining portion to be wood fencing (lot 15). Case No. ZA05-051 Page 3 2. The following considerations regarding compliance with the Land Use Plan: a. this property can be considered part of the overall Oak Pointe project and as a result, it equates to approximately one house per acre; b. these two new lots abut the open area; C. it will eliminate an eyesore 3. Concept Plan Review Summary No. 3, dated September 2, 2005: 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 Case No. ZA05-051 Page 4 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 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. Case No. ZA05-051 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 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. PASSED AND APPROVED on the 1st reading the day of 1, 2005. MAYOR ATTEST: -.LA- a 4,'� CITY SECRETARY PASSED AND APPROVED on the 2nd reading the q+h day of ,(' , 2005. MAYOR q���:YPGPtityyt�i so a•co w ATTEST: ,,o SO-rjj o. ° e P • • Case No. rpfl `>•, ZA05-051 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 2.7- ADOPTED: flfv EFFECTIVE: �� 10105 Case No. ZA05-051 Page 7 EXHIBIT "A" Being Tract I G3, situated in the J. Chivers Survey, Abstract No. 350, being approximately 1.03 5 acres. Area Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS 135 Sheiffield Drive Fort Worth, TX 7613.4 8111-29315684 FIELD NOTES Description for a tract of land in the Joel W. Chivers Survey, Abstract Number 350, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land of land described in a deed to James Starling McPherson, recorded in Volume 2875, Page 36, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a point in Ridgecrest Drive at the northeast corner of a 1.416 acre tract of land described in Volume 6064, Page 800, Deed Records, Tarrant County, Texas, said being by deed call, South 88 degrees 40 minutes East, 1690.77 feet and South 01 degrees 21 minutes West 1026.43 feet from the northwest corner of said Chivers Survey; THENCE South 89 degrees 53 minutes 03 seconds West a distance of 362.90 feet to a 5/8" iron pin found in the east line of Lot 8, Block 2, OAK POINTE, according to the plat recorded in Cabinet A, Slide 9362, Plat Records, Tarrant County, Texas; THENCE North 02 degrees 20 minutes 04 seconds East a distance of 124.72 feet along the east line of said Block 2, to an axle found for an angle point in the east line of Lot 7 of said Block 2, and for the most southerly southwest corner of Lot 14 in said Block 2; THENCE North 89 degrees 53 minutes 03 seconds East at 334.47 feet passing a 1/2" iron pin found with cap marked, "AREA SURVEYING" for the southeast corner of Lot 14, in all, a total distance of 360.80 feet to a point in Ridgecrest Drive; THENCE South 01 degree 22 minutes 12 seconds West a distance of 124.65 feet to the POINT OF BEGINNING, said described tract containing 1.035 acre of land, and being the same tract described in a deed to H Creek Development, L.L.C., recorded in County Clerk's File Number D204191758, Deed Records, Tarrant County, Texas. CA1r0*-tSWA603W46M Reid Notes.doc Case No. ZA05-051 Page 8 EXHIBIT `B" y zA -14 i / o ,z 8 c r` 'f'L E y ati 'aWniO� 'uan✓Y // �h 0 w x 3- � �'"°¢ 7 ti 9 'a5 o V hg ii 9�Y aNc ins NV E il- C 1. i < dlNi LO i V1' � a iYF ej 14 0 I1 c ,� / � tenu.wsoa nro oo Mm=em ' ja i 3 er Yr�1LL� 4y� es§ Piszi>u, Case No. ZA05-051 Page 9 Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 INVOICE RECEIVED OCT 1g2W5 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 ABLE CITY OF SOUTHLAKE ORDINANCE NO I3580 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said Cc for the Star -Telegram, published by the Star-T depose and say that the attached clipping c LEGAL DEPT. STAR TLEGRAM (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thank You For Your Payment --------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 7 tsorr r with the of an v� t Mk Customer ID: CIT57 Invoice Number: 261436501 Invoice Date: 10/7/05 Terms: Net due in 21 days Due Date: 10/31/05 PO Number: 42599 Order Number: 26143650 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 10/7/05 1 108 108 LINE $0.81 $87.48 Net Amount: $87.48 personally appeared Lisa Wesselman, Bid and Legal Coordinator th, in Tarrant County, Texas; and who, after being duly sworn, did rblished in the,pbove named paper on the listed dates: BIDS & 'vWSE io P , J pUe.O,L , iEOF; 9- !� SAV- P FOB 1, _- �: O N IN z V EF-Tn or Og-19 sea to /�/g111111111I111t1\U r who tnis or - be fined Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 261436501 Invoice Amount: $87.48 PO Number: 42599_ Amount Enclosed: $� INVOICE - Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 CITY OF SOUTHLAKE Notice is he THE STATE O County of Tarr Before me, a N for the Star -Tel that the attache (817) 390-72 SUBSCRIBED E Thank You Remit To: Customer ID: CIT57 RECEIVED Invoice Number: 260633081 Invoice Date: 9/18/05 Terms: Net due in 21 days OCT 1 7 2005 Due Date: 9/30/05 PO Number: 42580 OFFICE OF CITY SECRETARY Order Number: 26063308 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 9/18/05 13580 Any person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the gprovisions of this or- inance 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 consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary 1 121 121 LINE $1.34 Net Amount: E CHRISTY L. HOLLAND * MY COMMISSION EXPIRES July 31, 2008 $162.14 $162.14 lid County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say ament was published in the above named paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM t n , t . 'I Signed RE ME, THIS Thursday, Sepjmjl I� 19, 2005. Notary Public iI TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 260633081 $162.14 42580 1$