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480-486 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-486 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 TRACT ICI, SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO. 350, BEING APPROXIMA TEL Y 5.82 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 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 ofSoutWake, 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 SoutWake, 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 Tract lCl, situated in the l.W. Chivers Survey, Abstract No. 350, being approximately 5.82 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate 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. 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 South lake, 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 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 ofthe 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 fi fteen (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 4th day of April, 2006. /~- MA YOR ............... <--- ) ",'11111...., ,"".\1"H' A~"', ..' O,V '-'1,\,t'-', ~,~ ...".... ","'" " 'llIi -.I t)- .." ~ ':. .: ~ .- ..,... ,. :0" * ..~~-=:. .. 0 . _ :>-~ ,- :; :t:::i - iC/): :.<.)~ : : \. -fte ..0- i , -., .Q" " ..eG.... ..' " ,'" ""I ** -it "~I"~ "'"'"111''' PASSED AND APPROVED on the 2nd reading the 18th day of April, 2006. ATTEST: Jew' ~ CITY SECRETA~ ~--- ~:: ~ / MAYOR """.11",,, "~,I "TH/ AI 11'1 -' ov ......,,1,..', 'flit.."" c::> eOIJoClO".. y,~ '" .:- ~I $e c. ,"'" , :: o~ .- "'e'" ,.....\ ':. : @9 ~~-:. ::)..t * 'I.~: -~. '~,. 6'- :~: ' .: :o~ :(J)~ -:. . e ~ -=- (Lt.. 0.0 ~ --:. .. ~e. ~ " G(lo4leel)O ..' " ...' "" **1f "~,I "" 'II 111111'" ATTEST: ~. fa CITY SECRETA~ TO FORM AND LEGALITY: CITY ATTORNEY DATE: q,-q~7 ADOPTED: y -I ~ -0(0 EFFECTIVE:~/ 2-1- 0 (p EXHIBIT "A" Being Tract ICI, situated in the l.W. Chivers Survey, Abstract No. 350, being approximately 5.82 acres. "'A18Of117BAe 0t:1UIII'Y0I" 'JMWft" ~ PelarlMe ancf Gmy I..ent ere the CMIllft ora tract oftand IocaI8d In the Joel W. ChIYerI SuIvay, Abelmct No. 3SO, TammlCcunty. T-. and ~. caIEld 5.821 IICl1IIract d land d88aI)ed In 8 deed to PeI8t LIne _ GImy Lane, nlOllfd8d 88 D2034I7888.Deed ReconII. T8IIIII1l County. T.... and belng mDf8 pedIcjady deecrIled _~: BEGINNING lit. tI2" IRln a wtIb. yeIIaw pl8atlcmp atamped "RPLS 5310" _In Ihe East In8 ofRidglcnlJt Road. 30' 5UllIc rQht.of.way dedicated by plat I8COI'ded In CabInet A, SIde 8381 (also Icnr:Mn at the Cl8I'lt8Ifmt of County Roed No. S018). .. lie ~ comer of 8e1d Lane Trac:t. aI80 being In <<' neer the centedlne of I grtMII J 88Ph8I roIId; THENCE NoI'th 01"08'00" Eat,1Iong Il1e E88t line d I8ld RIdQ8a8st Road, a dIIItanc8 of m.OOfl!lel to a 11'1' Iron rod 'WIlb. yelk:lw plaatJc cep *"1P8d"'RPLS 1310-.. at the NorIbweet CCll'TMlf'of BIIId l.8ne tnKlt, and btMg the SouIhweet CIOtnlIr of . tnK:t of land d8IcrIled In I deed to vtneentA. Vettar end De8nne Vetl8r, recanted 88 Jnatrument No. 0191159791, Deed Reconta, TBlI'8I1t County, TI!DlBI; lHENCe In 8fl Eeatedy direction eIongthe comII'IOft n.... of said Lane and saldVeCler Iracla, the foIlowtng CClUI'I88I1l'ld cIlIdanceII: 1) South W01'OO" E8It, a dIIItance of 230.00 feet to . 1J2" .iIQn rod wtth a yeIaw pIaBtlc CGrP 8iUlrrlped "'RPLS 6310- eel tIr oonw; 2) NcIdh 01-o8W E8:st. a dIlltInce of 15.00 feet to. 112'" ton a with . )'8Iow pIIlIttc cap atIIrrIped -RPLS 5310" .. far CDn'I8I'; 3) South 88-01'00" Eat, . distance of 88.48 feet b . 1rr ton rod wIlh 81el1cw pIalIIc CGrP alamped "'RPLS 5310- eetfer ClClmIr; 4) NorIl82"33'lXr E88t, 8 dIIIInce ct99.30 feet eo . 1r.r ton rod wIIh . yeIIaN pIIIUc cap atamped 'RPI.S 5310" eat far comer; 5} North 5Ir12'OCr Eat, . dfstance d 113.53 feet to . 518" ImIl rod found for camer; 8) ScluIh 5fr'2S'OO" EaIt, . cIII8nct d 178.40 feet to . 6'8'\n:xl rod ftuId for aomer; 1} Sal,dh anew -=-. . dllII:II'IcI d 115.40 feet eo . w Iron rod tlund for comer at.. COl'l'lmC:lIl Eat comer rlllUt lMe ... 88ld V....118cta, and being lie SouI'lw8It c:omer d alr8cl d I8nd d8ecIIwId In a deed to tbt Unbd SbdM of AmedcI, IUCGIded In VClIlne 2323. Page 1tT1, Deed Recolda, Tannt CcutIy. T.... and beIrv Ihe most Northern comer of alract 0I1ar'1d d8IcrIled In . deed to Nny Carlan Bend. recorded k\ VCIUn8 10805. Plget1726. DeIId ReoDrdt. T.... COUntJ'. Texas; THENCE SouIh 30"35'00" Welt. a d1Itance of 425:1' feet lD .1J2" Iron rod wrGIe yeIow pfadc cap amped "RPLS 5310" _In Iakt gI'IMlI/IlphaltRlld. 81.. common south comet of AId lane and II8Id Band ~ 8ftd blmg In . ClIlN8 to... right, havtng a racfka of 11UOfeel. a cenInII angle d43-s8"07". end. c;hordwhich beera Nodh 88"52'Q2" West. a dI8lence of 88M tiel; 11iENCE In . Nrx1hw8stsrty dilecllan. COfltImIhQIaIong the SouItIIIn6 d I8ld line tI8ct and IIIld CU'YIt ID lie !1ght.lIIlllOdIttence of 88.841eel1o a 1fl" Iron RId found 81'" end 0( aUt Cl.n'e; THENCE North 44~ West, continuing .-ong eM Soutb line cl eaId Lent lr8ct and &dong ... gravel J 8lIphaII1'Cl8d. . dla'lce d26.50 feet ID a 1J2" Iron rod found b comer at the begR*lg de Q.nIJto tho left, h8vlng. ....1.18 cl105.10 _ a cennI engItd 59"25'19", encl. dw3rd whfcb IIeIn N74"39'21" WIlt" I dIItsnce of 104.18 feel: THENCE In a NoI1IMCll!II8Ity dIrectJon. contirluIng along the SouIh /Ine d AId Lane tract end 88Id curve to eMleIt, en en: dillllnca of 1 08.00 feet 10 . 1J2" WIn rOll found 8th end d I8IcI a.rw; tHENCE SOuth 75-.oc:rW. ~ oIong" SouIh h of tlIId..... AGt and along.8ItId gnMlf I.... road, a dfIt8nc:a d298.t1O "'10" PLACE OF BEGINNING end ClllIIt8Inng 5.821 acre or 253,577 IqU8nl fBet d land. INVOICE DraftOttly ' Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 269035111 FORT WORTH,TX 76102 RECEIVED (817)390 7761 Invoice Date: 4/21/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days MAY - 8 2006 Due Date: 4/30/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26903511 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 4/21/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 103 103 LINE $0.81 $83.43 "A" FROM "AG" AG- RICULTURAL pIS- CITY OF TRICT TO RE" SOUTHLAKE SINGLE FAMILY ORDINANCE NO. RESIDENTIAL ES- 480- fib TATE DISTRICT AN ORDINANCE SUBJECT TO THE Net Amount: $83.43 AMENDING ORDI- SPECIFIC RE- NANCE NO.480 AS QUIREMENTS CON- AMENDED, 'rHE TAINED IN THIS COMPREHENSIVE ORDINANCE; COR- ZONING ORDI- RECTING THE OF- NANCE OFTHECITY FICIAL ZONING OF SOUTHLAKE MAP; PRESERVING TEXAS;ING CHANGE TION OTHERO THER ON A CERTAIN ZONING ORDI- TRACT OR TRACTS NANCE; DETER- OF LAND WITHIN MINING THAT THE THE CITY OF PUBLIC INTEREST, SOUTHLAKE TEX- MORALS AND GEN- AS BEING LEGALLY ERAL WELFARE DESCRIBED AS DEMAND THE ZON- ATTEDTIN THE J.W. AMENADMEENTS CHIVERS SURVEY, HEREIN MADE ABSTRACT NO.350, PROVIDING THAT BEING APPROXI- THIS ORDINANCE MATELY 5.82 SHALL BE CUMU- ACRES, AND MORE LATIVE OF ALL `1..•.,.�•••11r _,...... I FULLY AND COM- ORDINANCES; PLETELY DE- PROVIDING A SEV- ,.�;..,j�i"•,,, SCRIBED IN EXHIBIT ERABILITY CLAUSE; r CHRISTY L.HOLLAND - PROVIDING FOR A c* MY COMMISSION EXPIRES 1 PENALTY FOR VIO • - LATIONS HEREOF; %{�„ +y` JU 31,200e THE STATE OF TEXAS INGSVIDwCLAUSE '--•' "' ti County of Tarrant PROVIDING FOR IN --,,--- O NEWSPAPER FI AND Before me, a Notary Public in and for said Coun: FECOTIVENDGATE EF y personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published bythe Star-Tele y SECTION it 9 An person, firm ,or xth, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping of a iatra°d siobevs onlila,IS u hed in the ab ve named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM neglects or refuses to (817) 390-7320 comply with or who resists the enforce- ment of any of the provisions of this or- dinance II pv Sic t reh than finedw IiVhl Thousand Dollars ($2,000.00) for each SUBSCRIBED AND SWORN TO BEFORE ME,THIS M offense.ion isperh mtted to exist shall enf- tute a separate att of- fense. f- fense. Ni PASSED AND AP- / Vi PROVED FILTDAY O APR 2008 DURING THE REGULAR CITY Thank You For Your Payment MAYUORIL MEETING.G. Wambsganss -ATTEST: Lori Farwell, _ City Secretary • Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 269035111 Invoice Amount: $83.43 PO Number: NO PO Amount Enclosed INVOICE y°niy Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 268161271 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/31/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days APR 1 b cuUb Due Date: 3/31/06 Bill To: -, O Number: NO PO CITY OF SOUTHLAKE OEEICE OF CITY SECRETARt 1400 MAIN ST rder Number: 26816127 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 SOUTHLAKE QF . 1 Description: CITY OF SOUTHLA Notice is hereby given theby the City o thia eof , Publication Date: 3/31/06 City of Southlake, Attn Attn: ACCOUNTS PAYABLF Texas, that a public hearing will be held I •p • on Apnl.186 ?oos, at,pth Linage MU Rate Amount Description Local aiely p'olloowingR1Bthe Work Session, during CITY OF SOUTHLAKE Notice is he I3580 Councileetiing to be 116 116 LINE $0.81 S93.96 held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the public hearing is to consider the second reading of the fol- Net Amount: S93.96 lowing ordinance: ORDINANCE NO. 480-486 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS;ING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 1C1, SITU- ATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO.350, I BEING APPROXI- MATELY 5.82 i CHRISTY L.HOLLAND ACRES, AND MORE MY COMMISSION EXPIRES FULLY AND COM- ' ` . PLETELY DE- J '±rs..y yt July 31,2008 THE STATE OF TEXAS SCRIBED IN EXHIBIT ak.. A" FROM "AG" AG- }•..,41 County of Tarrant RICULTURAL " SINGLE FAMILY RESIDENTIAL ES- Before me,a Notary Public in and for said County a SUBJECT DTO RTHT'sonally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published b the Star-Tele ra SPECIFIC RE in Tarrant County,Texas;and who, after bein dul sworn,did g y g RE- QUIREMENTS CO�y� g y depose and say that the attached clipping of an a TAINED IN THIS lish d in the above med paper on the listed dates: BIDS& ORDINANCE; COR- LEGAL DEPT. STAR TLEGRAM RECTING THE OF- FICIAL ZONING (817) 390-7320 MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- Signe NEHEMIINIG THAT DETER- MININGPUBLIC INTEREST, SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesd ERAL LS WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS /--) ....—d. Notal HEREIN MADE' PROVIDING THA1 THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL Thank You For Your Payment OPR D I NG A s S; ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE• PROVIDING FOR 77TT Star-Telegram THE FFICIALOmer 1L: Remi PUBLICATION IN t To: b' NEWSPAPER AND PROVIDING AN EF- P.O. BOX 901051 FECTIVE DATE. SECTION 7. omer Name: CITY OF SOUTHLAKE Any person, firm or FORT WORTH, TX 76101-21 iat a.d siobeys who ts,ice Number: 268161271 neglects or refuses to comply with or who• $93.96 resists the enforce-ice Amount: ment of any of the provisions of this or- dinance shall be fined umber: NO PO not more than Two Thousand Dollars -, ($2,000.00) for each)unt Enclosed: $ offense.Each day that a violation is permitted to exist shall constl- •tute a separate of- fense.y g Cf Southlake on Farwell Ity Secretary