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480-472 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-472 OFFICIAL RECORr' 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 1A06 & 1A9, SITUATED IN THE W. WINN SURVEY, ABSTRACT NO. 1660, BEING APPROXIMATELY 4.7 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 WHEREAS, a change in the zoning classification of said property was requested by a person or Page 1 corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of South lake, 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 South lake, 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, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Page 2 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 South lake, 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 ofland were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts ofland 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 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being approximately 4.7 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. The following specific requirements and special conditions shall be applicable to the granting of this zoning change request: 1. Granting the requested variance to allow the lots to front on an existing private street; 2. Accepting the applicant's willingness to repair Maranatha Way as needed; 3. Prohibiting wood fencing. Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map ofthe 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 ofland 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 Page 4 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 ofland 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 South lake 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 South lake 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. Page 5 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 6th day of December, 2005. ~~~ MAYOR ATTEST: k'{)~ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 3rd day of January, 2006. ~~-= AYOR ATTEST: ~(JU-' at~ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Oe/{-.J DATE: ADOPTED:~ll EFFECTIVE: 1- t, . Dl.o ,..~""'. ,~ \)THLA~"""'" ~# l:F..._o.;;:.'!r.to." ~~.... -..,...."# t1i' . . ..~ . # .l.-:" 1./ .."~ :t;>.l *' . ,~; =t:!' :>= ! (J\ :C/)E -:. "fo1 : ~ ~ ill/) fJG-:- ~" .Ga......... ......~ '", " "I", **. ",~" """..,,,, "'''''''''''' ",,"'00 THt.t"'", "...~~ ~ .....e.. :.t-~ I" .:- ~ ~. .."," $ 0 ~.. ...# '" ~ :::>...: * ~..r'\': :1-: , .' :')(= =(3= :)>= ': ~ :CIJ~ ~ lO"a _so ~ ~ "'00 IJ!<(J$ $ ...... < loltoe0..c. ," ., ,'" 'I'll **. \\", 8'1,,,..U~"" Page 6 EXHIBIT "A" Being Tracts 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being approximately 4.7 acres. PROPERTY DESCRIPTION Being a tract of land situated in the William Winn Survey Abstract No. 1660, in the City of Southlake, Tarrant County, Texas, being the same tract to Wells Fargo Bank Minnesota, as described in Clerks File No. D205132752 of the Deed Records of Tarrant County, Texas, being more particularly described as follows: Beginning, at the southwest corner of said tract, a 1/2" iron rod set with a yellow cap, stamped SLS 4415, being in the east line of Marantha Way (60' RO.W. ), as described in Volume 7073, Page 1116, in said Deed Records, also being the northwest corner of a tract of land to Don C. Cox, et ux, as described in Volume 6345, Page 178, of said Deed Records; Thence, North 00 degrees 00 minutes East, with the east line of Marantha Way, being the west line of the Wells Fargo tract, for a distance of 516.10 feet, to the northwest corner of said tract, a 1/2' iron rod found, 0.25' - West, also being in the south line of a tract to Gerald Pruitt, et ux, as described in Volume 10981, Page 614, of said Deed Records; Thence, North 88 degrees 49 minutes East, departing the east line of Marantha Way and with the north line of the Wells Fargo tract and the south line of the Pruitt tract, for a distance of 396.43 feet, to a 1/2" iron rod found at the northeast corner of of the Wells Fargo tract, same being the southeast corner the Pruitt tract, also being in the west line of a tract to Thomas Holbein, et ux, as described in Volume 10099, Page 2093, of said Deed Records Thence, South 00 degrees 00 minutes West, with the west line of said tract, and the east line of the Wells Fargo tract, for a distance of 516.10 feet, to a 1/2' iron rod found at the southeast corner of the Wells Fargo tract, same being the southwest corner of the Pierce Addition, as described in Volume 388-174, Page 1, of the Plat Records of Tarrant County, Texas, also being the northeast corner of a tract to Katherine Millard, as described in Volume 12964, Page 451, of said Deed Records; Thence, South 88 degrees 49 minutes West, with the south line of the Wells Fargo tract, and the north line of the Millard tract, and two tracts to Don C. Cox, et ux, as described in Volume 6542, Page 791, and Volume 6345, Page 178, of said Deed Records, for a distance of 396.43 feet, to the Point Of Beginning, containing 204,544.83 square feet or 4.70 acres of land, more or less. Page 7 INVOICE IiiIiiiii Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 264773341 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/6/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/06 Bill To: 1 N t, nPO Number: NO PO CITY OF SOUTHLAKE f �e �'�I 1400 MAIN ST Order Number: 26477334 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/6/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I,580 I 101 101 LINE $0.81 S81.S 1 CITY OF O SOUTHLAKE ORDINANCE NO. Net Amount: S81.81 "71 AN ORDINANCE -T7 AMENDING ORDI O NANCE NO. 480 AS AMENDED, 'THE IT7 „m COMPREHENSIVE• ZONING ORDI- Q m NANCE OF THE CITY Ril OD OF SOUTHLAKE, TEXAS; GRANTING CION O"A G CERTAIN -..a m OFACLAND WITHIN C/7 < THE CITY OF SOUTHLAKE, TEX- ASBEING rri AS BEING LEGALLY ^ m DESCRIBED AS TRACTS 1A06&1A9, SITUATED IN THEW. WINN SURVEY, AB- cr, 1 STRACT NO. 1660, r'j"�y", ( BEING APPROXI- ,�•�'+� CHRISTYL.HOLLAND MATELY 4.7 ACRES , ►'i AND MORE FULL t tMVcMMIEEXPIRES AND COMPLETELYQB DESCRIBED IN EX- 1X,1 V ,,`'' HIB IT"A"FROM"AG" AGRICULTURAL DISTRICT TO "SF- THE STATE OF TEXAS 1A" SINGLE FAMILY County of Tarrant TRICTDESUBJECTDTI DIS- County SPECIFIC RE- QUIREMENTS CON- Before me,a Notary Pu ORDINANCE THIS ounty and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator RECTING THE IE OF- for the Star-Telegram, p FICIAL ZONING g Tele ram,Inc,at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did depose and saythat th MAP• PRESERVING of an advertiseme t was published In the above named paper on the listed dates: BIDS& p ALL .OTHER POR- LEGAL DEPT. STAR TLEGI ZONINGOF OR E DI- NANCE; DETER- (817) 390-7320 MINING THAT THE 1 PUBLIC INTEREST, I f MORALS AND GEN- DEMAND THE Signed •'•►- A 6 ING CHANGES AND mr 1 AMENDMENTS SUBSCRIBED AND SWO1 HERREINNING MADETHA IS Tuesday,JanuaryIf es... THIS ORDINANCE SHALL BE CUMU- ‘;94 tit,/.-(LA--C1) LATI V E OF ALL Notary Public i. .I..cl ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; il PROVIDING FOR A Thank You For Yo PENALTY VIO- LATIONS PROVIDING A SAV- INGS CLAUSE' PROVIDING FOR PUBLICATION IN THE OFFICIAL PROVIDINGRANAND EF- FECTIVE DATE. Remit To: Star-Tel Any SECTION f irm it or Customer ID: CIT57 corporation who vio- P.O. BO. naegle is or rrefus s'tto Customer Name: CITY OF SOUTHLAKE comply with or who FORT Vl resists a ttsofthe anye of`tree 01-205 1 Invoice Number: 264773341 provisions of this or- dinan• ce shall be fined $81.81 not more than Two Thousand Dollars Invoice Amount: ($2,000.00) for each offense. is Each peray mhat itted PO Number: NO PO a violation is permitted • to exist shall consti- tute a separate of- fense. Amount Enclosed:PASSED AND AP- PROVED THIS THE 3rd DAY OF JANU- ARY, 2006 DURING • THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Warnbsganss ATTEST: Lori Farwell, City Secretary INVOICE DrattOnly Star-Telegram Customer ID: CIT57 • 400 W.7TH STREET RECEIVED Invoice Number: 264149501 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 12/16/05 Federal Tax ID 22-3148254 JAN - 9 2006 Terms: Net due in 21 days Due Date: 12/31/05 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST Order Number: 26414950 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA yy Attn Attn: ACCOUNTS PAYABLE ` Publication Date: 12/16/05 . »„e ._y , 1. �i Fi '..��.. '- ,a: ,, .ai^ •Mr .. Rom. a,t�..,n, sir. `' -- ''m' - CITY OF SOUTHLAKE Notice is he 13580 1 114 114 LINE $0.81 �#� $92.34 CITY OF Any y person, firm or Notice is hereby given corporation who yio- ,by the City Council of lates,disobeys.,omits, the City of Southiake, neglects or m refuses to Net Amount: $92.34 Texas, that a public comply with or who hearing will be held resists the enforce- on January 3, 2006, ment of any of the at 6:00 p.m. or im- provisions of this or- mediately following dinance shall be fined the Work Session, not more than Two during the Regular Thousand Dollars City Council meeting' ($2,000.00) for each to be held in the City offense.Each day that Council Chambers of a violation is permitted Town Hall,1400 Main to exist shall consti- Street, Southlake, tute a separate of- Texas.Purpose of the fense. public hearing is to City of Southlake consider the second Lon Farwell reading of the fol.. City Secretary lowing ordinance: ORDINANCE NO. 480-472 AN ORDINANCE •.... Ti.AMENDING ORDI- NANCE NO. 480 AS t AMENDED, THE ; CHRISTYL.HOLLAND COMPREHENSIVE '= MY COMMISSION EXPIRES ZONING ORDI- NVji ANCE OF THE CITY ',II",.le,. JUIy 31,2008 TOEXAS.SOUTHLAKE, R�,,, THE STATE OF TEXAS ON ONA G CERTAIN County of Tarrant OFAOLAND WITHIN THE CITY OF SOUTHLAKE, SS BEINGKLEGALI Y Before me, a Notary Pt DESCRIBED As..ounty and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star Telegram, I sR C T 1A0 THEw:'Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that tl STI RACT NO Y1 so,T of an advertisemen was published in the above named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEG BEING .7 ACRES, 390-7320 ANDS MORE AFULLY AND COMPLETELY DESCRIBED IN EX- HIBIT"A"FROM"AG" AGRICULTURAL Si ned DISTRICT TO "SF- g 1A" SINGLE FAMILY SUBSCRIBED AND SWO' TRICTESNUBJJEC D1 O IS Wednesday, Dee 28,2005. Ci THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- Notary Public RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONSThank You For Y( OF RDI- ZOONINI NG ORDI- NANCE; DETER- MINING THAT THE —--——————— PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ING CHANGES AND 7AMENDMENTS HEStar-Tel PROVIDINGI "THAY Customer ID: CIT57 Remit To: THIS ORDINANCE SHALL BE CUMU- P.O. BC L RIDE N AO, c LL; Customer Name: CITY OF SOUTHLAKE PROVIDING A SEV- FORT \ PPROVIID NG FOR A 401-2051 Invoice Number: 264149501 PENALTY FOR VIO- IPROVVIDNGA HEREOF; Invoice Amount: $92.34 INGS CLAUSE" PROVIDING FOR PUBLICATION IN PO Number: NO PO THE OFFICIAL NEWSPAPER; AND -_...- ii PROVIDING AN EF- Amount Enclosed: $ FECTIVE DATE. SECTION 7.