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480-469w If D CITY OF SOUTHLAKE, TEXAS? ORDINANCE NO.480-469 C-1 I_ L L L 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 A PORTION OF TRACT 1F, SITUATED IN THE J. CHILDRESS SURVEY, ABSTRACT NO. 253, BEING APPROXIMATELY 0.04 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 District under the City's Comprehensive Zoning Ordinance; and Case No. ZA05-109 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. ZA05-109 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 a portion of Tract 1F, situated in the J. Childress Survey, Abstract No. 253, being approximately 0.04 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, Case No. ZA05-109 Page 3 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. 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. Case No. ZA05-109 Page 4 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. 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. Case No. ZA05-109 Page 5 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 15+ day of fivvnhn 2005. MAYOR ATTEST. ° 49,,,midol'to" . VTH ,r ° • U C - /v/ C) CITY SECRETARY m`r, •°° °•.•° °°a PASSED AND APPROVED on the 2nd reading the ibk day of W 2005. MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: C - - CITY ATTORNEY DATE: / / Z- ADOPTED: I I • i, - D5 EFFECTIVE: fl j-Cb Case No. ZA05-109 Page 6 EXHIBIT "A" Being a portion of Tract IF, situated in the J. Childress Survey, Abstract No. 253, being approximately 0.04 acres. LAND DESCRIPTION - A PORTION OF THE JO ELLEN CHARLTON REVOCABLE LIVING TRUST Being a tract of land situated in the John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and a portion of that tract of land as described in instrument to Jo Ellen Charlton Revocable Living Trust as recorded in Volume 14345, Page 398 of the Deed Records of Tarrant County Texas, and being more particularly described as follows; COMMENCING at the southwest corner of said Jo Ellen Charlton Revocable Living Trust tract; THENCE, along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, North 01 degrees 57 minutes 39 seconds East, a distance of 182.73 feet to the POINT OF BEGINNING; THENCE, continuing along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, North 01 degrees 57 minutes 39 seconds East, a distance of 153.70 feet to a point for a corner; THENCE, departing the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, South 26 degrees 35 minutes 50 seconds East, a distance of 63.62 feet to the beginning of a non -tangent curve to the left having a central angle of 34 degrees 32 minutes 42 seconds, a radius of 172.50 feet and being subtended by a 102.44 foot chord which bears South 19 degrees 14 minutes 00 seconds West; THENCE, along said curve to the left an are distance of 104.00 feet to the POINT OF BEGINNING and containing 1,804 square feet or 0.041 acres of land more or less. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Basis of Bearings: The final plat of the J. Childress No. 253 Addition, an addition to the City of Southlake, Texas as recorded in Cabinet A, Slide 5226 of the P.R.T.C.T. Case No. ZA05-109 Page 7 INVOICE Draft Only Star -Telegram 400 W. 7TH STREET FORT WORTH. TX 76102 (817)390-7761 Federal Tax ID 22-3148254 RECEIVED D EC - 6 2005 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE Description CITY OLF KE UTH- ORDINANCE NO. %%469 CITY OF SOUTHLAKE ORDINANCE NO AN INAONCE 1 104 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said ( for the Star -Telegram, published by the Stal depose and say that the attached clippinc LEGAL DEPT. STAR TLEGRAM (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, THI Thank You For Your Payment ---------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 7( E Y nrm or ho vio- >, omits• fuses to or who be or - a woiauon "' permmea to exist shall consti- tute a separate of- fense. PASSED AND AP- PROVED THIS THE 15th DAY OF NO- VEMBER, 20E05. DURING LAR CI�yH COUN- CIL MEETING. MAYOR: Andy A aIySeyLntas Farwell, Secretary Customer ID: CIT57 Invoice Number: 263181181 Invoice Date: 11/18/05 Terms: Net due in 21 days Due Date: 11/30/05 PO Number: NO PO Order Number: 26318118 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 11/18/05 Linage MU Rate Amount 104 LINE $0.81 $84.24 Net Amount: `� CHRISTY L. HOLLAND MY COMMISSION EXPIRES ` July 31, 2008 $84.24 day personally appeared Lisa Wesselman, Bid and Legal Coordinator Worth, in Tarrant County, Texas: and who, after being duly sworn, did was publi ed in the above named paper on the listed dates: BIDS & JAA Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 263181181 $84.24 NO PO Q 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 Attn Attn: IN V E DraftOnly' E C H ����C Customer ID: CIT57 Invoice Number: 262327091 NOV — 8 2005 Invoice Date: 10/28/05 Terms: Net due in 21 days OFFICE OF CITY SECRETARYDue Date: 10/31/05 PO Number: 43684 Order Number: 26232709 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 10/28/05 CITY OF SOUTHLAKE Notice is he I3580 1 CITY OF I O T' LAKE NEWSPAPER' AND PROVIDING AN ENP . Notice is hereby given SOUTH by the City, Councl of FECTIVE DATE. SECTION 7. firm or the City o Southlake, Texas, that. a public be held .Any person, yrp9ree.i obeys omits, hearingg will on November 15, 2005, at 6:00 p.m., or neglects or refuses to comply with or who -immediately following resists the enforce - the Work 'Session, ment of any of the during the Regular meeting provisions of this or- I dlnance shall be fined Ci%y Council to be held in the City Council Chambers of II not more than Two I Thousand Dollars Town Hall, 1400 Main Southlake; I' ($2,000.00) for each Each day,that Street, Texas. Purpose of the offense. aviolation is permitted public hearing consider the second to exist shall consti- tute a separate of - reading of the fol- lowing ordinance: ORDINANCE I I fense. f Clty, of Southlake 1 Lori Farwell 480,;459,�.���� City Secretary cr TEAA5 TRACT C County of Tarrant THE � ( I. SOUTHL, R E Before me, a Notary Put, AS C PORTIOr for the Star -Telegram, pl 1 F THE J. IT depose and say that the SURVEYS LEGAL DEPT. STAR TLEGRA. MAYFLY (817) 390-7320 ACRES, FU SUBSCRIBED AND SWORI` Thank You For Yot Remit To: Star-Tele P.O. BO)s FORT W( 116 116 LINE $0.81 $93.96 Net Amount: CHRISTY L. HOLLAND *S 'E MY COMMISSION EXPIRES I"w JUIy 31, 2008 $93.96 )unty and State, this day appeared Lisa Wesselman, Bid and Legal Coordinator elegram, Inc. at Fort Worth, in Tarrant County; Texas, and who, after being duly sworn, did if an,advertiseme was published in the above named paper on the listed dates: BIDS & r� I k N Tuesday, Novembqf O)f 2P05, . Notary Pu °Af Customer ID: VCE n� Customer Name: A )1-2051 Invoice Number: R oF; Invoice Amount: 3AV- FON PO Number: CIAL Amount Enclosed CIT57 CITY OF SOUTHLAKE 262327091 $93.96 43684 INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 261819211 FORT WORTH,TX 76102 k L+ .,`1 v `1J (817)390-7761 Invoice Date: 10/15/05 Federal Tax ID 22-3148254 Terms: Net due in 21 days 07 3 1 2005 Due Date: 10/31/05 Bill To: PO Number: 43672 CITY OF 1400 MAIN ST SOUTHLAKE OFFICE OF CiTY SECRETARY Order Number: 26181921 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 10/15/05 i Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 116 116 LINE 50.81 593.96 CITY OF R INANC COR- SOUTHLAKE D E e Is hereby given ECTING T p by ths city council of ICJAL NING Net Amount: S`�I•`16 TCityof Smelt**, MAP; PRES VING exas,thatSapublic ALL OTHER POR- hearing will be held TIONS OF THE on November 1,2005, ZONING ORDI- at 6:00 p.m. or im- NANCE; DETER- mediately following MINING THAT THE the Work Session, PUBLIC INTEREST, during the Regular MORALS AND EN- City Council meeting ERAL WELFARE to be held in the City DEMAND THE ZON- Council Chambers of ING CHANGES AND Town Hall,1400 Main EI AMENDMENTS Texas, Southlake, PROVIDING THAT Texas. hPearing isof t o THIS ORDINANCE publico hearing c to SHALL BE CUMU- readingr the second LATIVE OF ALL reading of the fol- lowing ordinance: ORDINANCES; A SEV- 480- 469 9 NO. �ERABILITY CLAUSE; AN ORDINANCE PROVIDING FOR A AMENDING ORDI- PENALTY FOR VIO- NANCE NO. 480 AS LATIONS HEREOF; —— — AMENDED, THE PROVIDING A SAV- COMPREHENSIVE INGS CLAUSE• t1 '� %., CHRISTY L.HOLLAND ZONING ORDI- PROVIDING FOFI MY COMMISSION EXPIRES NANCE OF THE CITY PUBLICATION IN 4: i- a OF SOUTHLAKE THE OFFICIAL ry TEXAS;ING CHANGE NEWSPAPER; RANAEF-- 0'�'' Ju 31,2008 THE STATE OF TEXAS ON A CERTAIN I FECTIVE DATE. _.- — TRACT OR TRACTS 1 SECTION 7. County of Tarrant OF LAND WITHIN Any person, firm or THE CITY OF corporation who vio- SOUTHLAKE TEX- fates,disobeys,omits, AS BEING LEGALLY neglects or refuses to Before me, a Notary PORTION OF TRACT resists y theyenfo ce- is day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegran T_IE SITUATED C E IN mprerit of any to g the >rt Worth, in Tarrant County,Texas:and who,after being duly sworn, did or- depose and say tha SURVEY, AB- Hots morehal be fined it as ublished in the above named paper on the listed dates: BIDS& STRACT NO. 253, LEGAL DEPT. STAR TLI BEING APPROXI- Thousand Dollars MATELY 0.04 ($2,000.00) for each (817) 390 7320 ACRES, AND MORE offense.Each day that FULLY AND COM- a violation is permitted I PLETELY DE- to exist shall consti- SCRIBED IN EXHIBIT tute a separate of- A" FROM "AG" AG- tense. RICULTURAL DIS- City of Southlake TRICT TO SF-1A" Lori Farwell SUBSCRIBED AND SWtVLADSTiiisD I City luuuy, ucio0erCi TRICT,SUBJECT TO ,T SPECIFIC EEME NS THSTTAINEDI I Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 261819211 Invoice Amount: $93.96 PO Number: 43672 Amount Enclosed: S __ __