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480-483 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-483 OFFICIAL RECORD 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 5A3A & 5A3Al, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AND BEING APPROXIMATELY 4.75 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 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 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 5A3A & 5A3Al, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 4.75 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". The following specific requirements and special conditions shall be applicable to the granting ofthis zoning change request: 1. Subject to the following comments on Site Plan Review Summary No.4, dated August 31, 2005: Page 3 a. Provide the deed record volume and page for the current owners in the preamble ofthe legal description. b. Label all existing easements on adjacent properties. A few easements have not been labeled. c. The flood plain easement and the proposed drainage easement need to clearly identify the northern limits. The arrows should refer to the line shown on lots 6 - 9. d. Provide easements for water, sewer and/or drainage in compliance with approved construction plans. e. Correct the net density calculation in the Land Use Schedule Chart. Staff calculated a net density of 0.91 dwelling units per net acre. 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 Page 4 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 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 ofthe 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. Page 5 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. 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 1 st reading the 21 st day of March, 2006. --A~~ MA YOR - ~ . O--~ CI Y~RETAR ,,,,,,,,,:..ft"II,,, ",,\ sOU 7"1-{, ";"" .",,'"- 0<< .....c.II' ~ - '" .:- \. fl.- (,t'!'1t.""7.L-. ~ .. """ . $.-~" ~J....... O-\'.~ ;: - . * ~. :. =0: 0-\: ::: ':m= : .,. 8.)(0: -;. .... ; :bt.' $ ;,.... u'" so- OJ ~ .....,e, -.000...041)011 ......... .., 1#- ...... "I, ** \\" I"",,.,,, I"~"~ ATTEST: Page 6 PASSED AND APPROVED on the 2nd reading the 4th day of April, 2006. ~ A=----~, - MAYOR - ATTEST: APPROVED AS TO FORM AND LEGALITY: ""....."", ""'00 TH~"'" ~ ~ _-'~. 'ii ......~ '1-':<, ~ () .:- ~ .. .. '\.' , .. 0 · e. I' ":. ~.. · ""'" c:. E:>..: \f(\:' CI Y SECRETARY ~ 5i * j~ ~ :. ~ .(J): ;, "'e. s: ~ "; G_. .... $ "... ....... ,-- '; ..' I"" *** "", II",....",,' 0PfL ~~ CITY ATTORNf' DATE: P1IJt ADOPTED: 14.Dlr EFFECTIVE: 4.7 (J {p Page 7 EXHIBIT "A" Being Tracts 5A3A & 5A3Al, situated III the Samuel Freeman Survey, Abstract No. 525, and being approximately 4.76 acres. PROPERTY DI:~!;!YtYJ].oN . (RE.ZONING) Abstract 525, Tracts 5A3A'&; 5A3Al Being a 4.75 atre ItilCloJ land OUt of Illl! SAMUEL fREEM,,1V'4 SURVE:f, Abstract 525 in Tarr~t1t COUll!)', Texas 1!....:! oC$l:dbetl metes &. bowds il$ fullu\\'s: BEGil'H'l/lNG ill. ,Ill ir<m pin for COltlet ill the East Line of County Rt;jd 1131.19 (N. Kimbatl Av~.) and beiJ))? 25.0 feet East and 932.1 feet South from th~ Northwest COiner ()<f ~jd freema.n Sl.lfi'C)'; THENCE North 89 tlegr.ees 46 minules 46 $!x:(lfjds East, 6H.l1 (eel to Jr.OI1 pin f.:xr cornet; THENCE South 01 degrees $8 minutes 45 se<:onds West, 339.10 f~et to iJoo pin for comer; THENCE Scuth 89 degre.es 45 mimUes 45 go:col1ds \Vest, 6f..l7.00 feet tel ir()tl pin for eOrnJ!r in the East Line ofN. Kimlyall A,'cnUiC; TIJE1'1/CE North 00 dcgrees 56 minutes 45 secomh tJlSt, along:said wad, ::B9.l () feet 10 the POINT OF BEGINNING ond containing, 4..iS &cfeS of land, morc Griess. Page 8 EXHIBIT "B" ---<",....:.,;:.:- ~ !l ~ ~ H ~;:! {J ~~ L n ~l n H ~, ~":'!l: .',;,',.',: ~I ~ ! t ! , , 1 ~ ! ~ ~ ! i 11 i j I j ,,: "i j ! 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",I ,I ~ " j ~~ ! l> ~.i ~) ! ~!~~<l !IJ ~; ; i I ~ ' d I i;~i!~, 'J li~ J I Z I" I Ie ~t - !jr~~~' ~ i ',,~"" I i~,',~'l I;r:~:: - ,I l-: z~. j I' .." i t ' I ~ ! i ~ I I I , 'r 1 0 ~" t I :; z=;:: . -' "'''' c- , :~ . . :! , , 1',: >L,~,~_ ~ ,; , !.' ~ ~~i 9 3 ~ ! .loa ~~ a:3... . ... _.~-~""';"''' (~1~~ Page 9 INVOICE DraftDrily Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 268395941 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/7/06 Federal Tax ID 22-3148254 APR 1 8 2006 Terms: Net due in 21 days Due Date: 4/30/06 Bill To: OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: NO PO CITY1400 MAIN ST Order Number: 26839594 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 CITY OF Description: CITY OF SOUTHLA SOUTHLAKE ORDINANCE NO. Publication Date: 4/7/06 Attn Attn:ACCOUNTS PAYABLE p NNCC AN INORDI- Description NANCE NO.480 AS )1 Depth Linage MU Rate Amount AMENDED, THE COMPREHENSIVE ZONING ORDI- CITY OF SOUTHLAKE ORDINANCE NO NFNCEOFTHE,KE 1 110 110 LINE $0.81 $89.10 TEXAS;ING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SO TBE LAKNG L_GALL- Net Amount: $89.10 ASDESCRIBED AS TRACTS 5A3A & 5A3A1,SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO.525, AND BEING AP- PROXIMATELY 4.75 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DIS- TRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- ,•t�ir....,, HIBIT "B", SUBJECT ;r°' !X. CHRISTY L.HOLLAND TO THE SPECIFIC -.: .: REQUIREMENTS MY COMMISSION EXPIRES CONTAINED IN THIS "%y' 'tr Jul 31,2008 ORDINANCE; COR- '•;q'yp,:to.' Y THE STATE OF TEXAS RECTING THE OF- FICIAL ZONING __ _ County of Tarrant MAP;L OTHERER POR- TIONS OF THE ZONING ORDI- Before me,a Notary Public in and for said C NANCE; THADETER- MINING lay personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star Telegram, published by the Star MORALS INTEREST, North, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping DEMAND THELE AR vas publi ed in the bove n ed paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM ING CHANGES AND (817) 390-7320 AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- SUBSCRIBED AND SWORN TO BEFORE ME,THI: PROVIDINYG FORS A 106. PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- LA PROVIDING FOR PUBLICATION IN THE OFFICIAL PROVIDINGRANAEF-- Thank You For Your Payment FECTIVE DATE. SECTION 7. 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 provisions of this or- Remit To: Star-Telegram dinance shall be fined Customer ID: CIT57 not more than Two P.O. BOX 901051 Thousand Dollars ($2,000.00) for each Customer Name: CITY OF SOUTHLAKE offense.Each day that aviexist nshall muted Invoice Number: 268395941 FORT WORTH,TX 7( to exist shall te of- fetes�app separate of- PPSOVED THIDE THE 4th Invoice Amount: $89.10 4th DAY OF APRIL 2006 DURING THE PO Number: NO PO REGULAR CITY COUNCIL MEETING. MA WambsganasAmount Enclosed: =$ ATTEST: Lori Farwell, City Secretary INVOICE brait Star-Telegram RECEIVED Customer ID: CIT57 400 W.7TH STREET Invoice Number: 267544031 FORT WORTH,TX 76102 (817)390-7761 MAR 2 7 2006 Invoice Date: 3/17/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Bill To: CmCE OF CITY SECRETARY Due Date: 3/31/06 PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST I CITY OF SOUTH- Order Number: 26754403 STE 440 Notice iseKe y given Sales Rep: 073 by the City Council of SOUTHLAKE, TX 76092-7604 the City of Southiake,Texas, that a public Description: CITY OF SOUTHLA hearing will be held p on April 4, 2006, at 6:00yp.m. or immedi- Publication Date: 3/17/06 Attn Attn:ACCOUNTS PAYABLE Wok Session,l following ,, the Regular City p s Council meeting to be t H;De t t age 11 I ` 3 ;' } ...w• , held in the City p l' :� .,.._ Council Chambers of Town Hall, 1400 Main CITY OF SOUTHLAKE Notice is he Texas.Purpose of the 122 122 LINE $0.81 $98.82 public hearing is to consider the second reading of the fol- lowing ordinance: ORDINANCE NO. 480-483 AN ORDINANCE Net Amount: $98.82 AMENDING ORDI- NANCE NO.480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE,GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SBEIKLLANGEGA Y DESCRIBED AS TRACTS 5A3A & 5A3A1,SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO.525, AND BEING AP- PROXIMATELY AND RE a '�'"� CHRISTY L.HOLLAND .75 ACRES, AND MORE ZQ' FULLY AND COM- 1 =.: .: PLETELY DE- t. MY COMMISSION EXPIRES SCRIBED IN EXHIBIT ' 1..... , ,..• A" FROM "AG" AG- ! '.. ,�.;4V July 31,2008 RICULTURAL DIS- j.„ TRICT TO "SF-20A" THE STATE OF TEXAS SINGLE FAMILY RESIDENTIAL DIS- County of Tarrant ONI THE APPROVED CONCEPT PLAN ATTACHED HERETO Before me, a Notary Public in and for said Col AND INCORPORAT- lay personally appeared Lisa Wesselman, Bid and Legal Coordinator EX- for the Star-Telegram,published by the Star-TE HIBIHEREIN "BBEI SUBJECT Wort-„ in Tarrant County,Texas;and who, after being duly sworn,did TO THE SPECIFIC depose and say that the attached clipping c REQUIREMENTS has ibJbllshed i the ab e named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM ORDINANCE IN THIS RECTING THE OF- FICIAL (817) 390 7320 MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE;. DETER- MINING THAT THE SUBSCRIBED AND SWORN TO BEFORE ME,THI• MORALS INTE GEN: 2006. DEAL WELFARE l�� DEMAND THE ZON- ING CHANGES AND t4 AMENDMENTS C) PROVIDING MADE_; THIS ORDINANCE Thank You For Your Payment SHALL BE BOFCUAL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE Remit To: Star-Telegram PUBLIICATION FOIN THE OFFICIAL Customer ID: CIT57 N • D P.O. BOX 901051 PROVIDINGRANAEF-- Customer Name: CITY OF SOUTHLAKE FECTIVE DATE. SECTION 7. FORT WORTH, TX 7. Acorporation,who vio- lates, Invoice Number: 267544031 disobeys,omits, neglects or refuses to Invoice Amount: $98.82 comply with or who resists the enforce- ment of any of the PO Number: NO PO provisions o this or- dinartce shall be fined not more than Two Thousand DollarsAmount Enclosed: :`$ (S2,000.00) for each offense.Each day that a violation is permitted to exist shall consti- tute a separate of- fense. City of Southlake Lor Farwell City Secretary