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480-409CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-409 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 5A2 SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, AND BEING APPROXIMATELY 7.76 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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 role 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 geueral 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 heating 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 deternfined by requirements of this ordinance for off-street parking facilities; location of ingress and egress poinls 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 Page 2 original investment was made: and, 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 5A2 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 7.76 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-20A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Page 3 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 ail the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. Ali 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 heating 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. Page 4 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. 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 ten (10) 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 Page 5 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in fl~ll 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 19th day of November, 2002. ,,"' ~t4' *~--,,,..ATTEST: %,," ......... ".~rY SUC~,A~ ' PASSED AND APPROVED on the 2nd reading the 3rd day of December, 2002. ATTEST: CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ~ DATE: /~ ~)--J .,~O 3 ADOPTED: /2- ~-© Z EFFECTIVE: ]Z - b ~ 02-- Page 7 EXHIBIT "A" Being Tract 5A2 situated in the Samuel Freeman Survey, Abstract No. 525, and being approximately 7.76 acres PROPERTY DESCRIPTION BEING a 8.014 acre tract of land in the Samuel Freeman Survey, Abstract No. 525, situated in the City of Southlake, Tarrant County, Texas, also being that tract conveyed to Carl Patterson by deed recorded in Volume 7588, Page 83 of the Deed Records of Tarrant County, Texas (DRTCT), said tract being more particularly described as follows: BEGINNiNG at a iron pin for comer in the east line of existing Kimball Avenue (County Road No. 3119) (R.O.W. Varies), said iron pin also being on the original south line of Evergreen Estates, an addition to the City of Southlake, Tan'ant County, Texas, as recorded in Cabinet A, Slide 5225 of the Plat Records of Tan-ant County, Texas (PRTCT); THENCE N 89° 1 TOO" E, along the south line of said Evergreen Estates, 623.20 feet to an iron pipe for comer, said iron pipe also being in the west line ora tract conveyed to Marianne McAllister by deed recorded in Volume 9734, Page 2184 DRTCT; THENCE S 01 °02'00" W along the west line of said McAllister tract, the west line of a tract conveyed to Jerry Wright and wife, Judy Wright by deed recorded in Volume 10530, Page 1194 DRTCT, the west line ora tract conveyed to Lloyd E. Sherwood, Jr. and wife, Dana Sherwood by deed recorded in Volmne 11282, Page 2130 DRTCT, and the west line of a tract conveyed to the City of Southlake by deed recorded in Volume 13083, Page 608 DRTCT, a distance of 563.20 feet to a fence comer, said fence comer also being the northeast comer ora tract conveyed to Luis D. Espinosa and wife E.N. Espinosa by deed recorded in Volume I0017, Page 1792 DRTCT; THENCE S 89°03'02' W along the north line of said Espinosa tract, a distance of 614.44 feet to a l/2" iron pin found, said iron pin also being in the said east line of Kimball Avenue; THENCE N 00°08'33'' E along the said east line of Kimball Avenue, a distance of 545.60 feet to a point for comer; THENCE N 00°00'00" E along the said east line of Kimball Avenue, a distance of 19.90 feet to the Point of Beginning and contai~Jng 349,097 square feet or 8.014 acres of land, more or less. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 221842271 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 12/6/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22184227 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 12/6/02 Description Location Col Depth Linage MU Rate Amount ( I I ti'' CI LA i3EF T X s- TEXAS ORDIN 1 580 I 99 99 LINE. $6.63 $656.37 ORDINANCE NO. 480-409 AN ORDINANCE Sales AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN Net Amount: $80.19 TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 5A2 SITU- ATED IN THE SAM- UEL FREEMAN SURVEY, AB- STRACT NO. 525, AND BEING AP- PROXIMATELY MORE 14AFULLSY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM AG" AG- RICULTURAL DIS- TRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO THE THE TAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONINGn and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator Befo MAP; PRESERVING and who, after being duly sworn, did depose and say for t ALL OTHER POR-bed by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas; TIONS OF THE that ZONING ORDI- NANCE; DETER- an advertisement was published in the above named paper on the listed dates: BIDS Est LEGALS DEPT. STAR TELEGRAM (81 MINING THAT THE PUBLIC INTEREST, `\`J)�/\) MORALS AND GEN- ERAL WELFARE Signed DEMAND THE ZON- g ING CHANGES AND AMENDMENTS HEREIN MADE I TO BEFORE ME, THIS Monday D e er 9, 2002. SUB THOVIDING TNCE THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; Notary Publi i /-A441—/ZI/tJ PROVIDING A SEV- - ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- '��" ''+ CHRISTY L.HOLLAND INGS CLAUSE p f+ Than PUBLICATION FOIN Ir + ayment t, • MY COMMISSION EXPIRES THE OFFICIAL ':,� ------ -- NEWSPAPER- AND PROVIDING AN EF- '7' .. .+_`_...JULY 320A4...._... . FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to 7 Remi comply with or who ,ram Customer ID: CIT57 resists the yenforce- provisions of aof this the 901051 dinance shall be fined Customer Name: CITY OF SOUTHLAKE not more than Two Thousand Dollars )RTH, TX 76101-2051 Invoice Number: ($2,000.00) for each 221842271 offense PASSED AND AP- Invoice Amount: .D�O.19 PROVED THIS THE 3rd DAY OF DE- CEMBER, 2002, r O Number:DURING THE REG- n ULAR CITY COUN- CIL MEETING. Amount Enclosed: $ MAYOR: Rick Stacy ATTEST: Lori Farwell, City Secretary INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 221460021 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/22/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22146002 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 11/22/02 Description Location Col Depth Linage MU Rate Amount NOT': NOTICE OF PUBLIC ARING Notic I3580 1 117 1 17 LINE S6.6; S775.7 I HEARING Notice is hereby given by the City Council of Sales the City of Southlake, Texas, that a public ($680.94) hearing will be held on December 3,2002, at 6:00 p.m. or im- mediately following the Work Session, during the Regular City Council Meeting to be held in the City Net Amount: $94.77 Council Chambers of Town Hall,1400 Main, Southlake Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: IIv_ �1 19 E ORDINANCE NO. u 480-409 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'THE DEC I 0 COMPREHENSIVE 200? 10 ZONING ORDI- NANCE `' NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE OFFICE OF 1 TAIN TRACT OR TRACTS CITYSFC�ET�.Fv I OF LAND WITHIN THII SOUTHLAKE TEX- AS BEING LEGALLY COU DESCRIBED AS TRACT 5A2 SITU- ATED IN THE SAM- Befo UEL SURVEY, FREEMAAB- land for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for t ZrolAO 3EINI. AI=- ied by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say that PROXIMATELY D an advertisement waspublished in the above named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM MORE AFULLY AND p p �B I' COMPLETELY DE- kaium nSCRIBED ING EXHIBITr \FROM "AG" ADIS- Signed IwI,�`/\1vouNo CULTURAL DIS- TRICT TO "SF-20A" SMILY SUB. RESIDENTIALA DIS- TO BEFORE ME, THIS Saturday,November , 002, TH SUBJECT T �/f ./J� THESPECIFIC RE-- 1 QUIREMENTS CON- TAINED IN IN THIS NotaryPublic �'/i44 V" ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- _.fir.. TIONS OF THE ZONING ORDI- CHRISTY L.HOLLAND Than NANCE; DETER- r Payment MINING THAT THE } .@ MY COMMISSION EXPIRES PUBLIC INTEREST, - - MORALS AND GEN- ,� ERAL WELFARE ,„„,„„, ....,._...—I r31,204*—---***- -.-.. DEMAND THE ZON- ING CHANGES AND AMENDMENTS HERN PROVIDING MT AT RemTHIS ORDINANCE Customer ID: CIT57 ; LATIVL E BOFCUA L,ram PROVIDING NA s V- 901051 Customer Name: CITY OF SOUTHLAKE ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO-DRTH, TX 76101-2051 Invoice Number: 221460021 LATIONS HEREOF; PROVIDING A SAV- PROS VIDING LA FOR SE Invoice Amount: $94.77 PUBLICATION IN THE OFFICIAL PO Number: NEWSPAPER; AND PROVIDING AN EF- 1 • FECTIVE DATE. Enclosed: $ SECTION 7. AmountEnclosed. _gnv oersnn fir.,, --