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480-427 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-427 C~¡iC'AL 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 LEGALL Y DESCRIBED AS TRACT 3G, OUT OF THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMA TEL Y 1.996 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 CONT AINED 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 ofthe 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 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 ofthe land throughout this City; and, WHEREAS, the City Council ofthe City ofSouthlake, 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 ofthose Page 2 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 South lake, 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 ofland, 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 of land 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 3G, out of the H. Granberry survey, abstract no. 581, being approximately 1.996 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-IA" Single Family Residential District. SECTION 2. Page 3 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 provisions of those ordinances are in direct conflict with the provisions of this Page 4 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 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 filled 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 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 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 Page 5 newspaper one time within ten (1 0) 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 2nd day of December, 2003. - ¿\ -c:::::::~ --=- ~~. MAYOR ATTEST: ,~.,~ O\J;H~'i".'-, , ...., ".'..ø.lt.€'- ,,' J ~"ð ;..,. ~"~: ;." . ' /~¡' d).. / .. ""';'\\~ " ;:;: .'. ~ )<. :: ,7\. 11 J I (j , ;;: I- . ~f6.. . » ::: i/ UVI.../'" õ: ~ : en :: CITY SECRETARY ~'; \ / /! '". ."00" ...,~' ,~; "" ".. " '. ~'*-fr","'" , ,,",:' ¡. PASSED AND APPROVED on the 2nd reading the 16tb day of December, 2003. ~- ==- M~~ ~ ATTEST: J; .()~ ~ cA ([M. .' CITY SECRETARY " ,""'~O'~_;~~1:i,';~A r .~ '< c' "ò. ',' ::- o. ..- >"0" ,A".. :)../ ~~~~ :: 1- ; . )( : :õ~ :»: " -en:' ,.' :' ::: - ::: ~~.' ~ , ".',' .~",.."",., Page 6 APPROVED~/~)O FORM AND LEGALITY: /' ) ///A i /- ¡, , --/. ,~ '----:-~'\..-, ...- ), 1./ (.u:.:--~ CITY ATTORNEY DATE: j,~,M ADOPTED: ~.llo' 03 EFFECTIVE: J8 ' ¡q 0, ?y Page 7 EXHIBIT "A" Being Tract 3G, out of the H. Granberry Survey, Abstract No. 581, being approximately 1.996 acres. FIELD NOTES Zoning Exhibit Lenora K. Herron Tract ! ,996 Acres Being all that certain lot, tract or parcel ofland situated in the Hiram Granberry Survey, Abstract Number 581, City of Southlake, Tarrant County, Texas, being all of that certain called 2.00 acre tract ofland described in deed to Lenora K, Herron recorded in Volume 4487, Page 871 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows; BEGINNING at a y/' rcbar found at the southwest corner of said Herron tract, being the northwest comer of that certain tract ofland described in deed to William E. Lafavers recorded in Volume 8602, Page 2321 of the Deed Records of Tarrant County, Texas, from which point, a /j" rebar found at the southwest corner thereof bears southerIy, 109,2 feet (called JOO'), and being on the cast line of that celtain called 13.8609 acre tract ofland described in deed to Richard A. Reutlinger recorded in Volume 6765, Page 807 of the Deed Records of Tarrant County, Texas; THENCE N 02 cOO'OO" E (Record), 226.11 feet, along the east line of said ReutIinger tract and the west line of said Herron tract, to a /j" rebar found at the north\vest corner thereof, being the southwest corner of that certain tract ofland described in deed to Calais Constmction Inc" recorded in Volume 15315, Page 2 of the Decd Records of Tarrant County, Texas; THENCE S 8r 48'19" E, 423,89 feet, along the south line of said Calais Constmction tract and the north line of said lierron tract, to a Si8" rebar found at the northeast corner thereof, being on the west right-of-\vay line of White Chapel Boulevard (variable R.O.W,); THENCE S 21 °15'08" W, 162.47 feet, along the east line of said Herron tract and the west right-of-way line of White Chapel Boulevard, to a Y2" capped rebar (G & A) set at an angle point; THENCE S 3r48'lS" W, 96.88 feet, continuing along said line, to a W' rebar found at the soUtheast corner of said Herron tract and the northeast corner of said Lafavers tract; THENCE N 86°40'07" W, 313.72 feet, along the south line of said Herron tract and the north line of said Lafavers tract, to the POINT OF BEGINNING and containing approximately 1.996 acres of land, kmm:O3217ze wpd Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 235774861 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/19/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/2003 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23577486 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 12/19/2003 .Descriptio .,4 Location ... .Cal Dept Linage`,/,, •.:�.._ a ') kiiii CITY OF SOUTHLAKE ORDINANCE NO I3580 1 102 102 LINE $0.81 $82.62 CITY OF SOUTHLAKE OR DINANCE NO.480- AN •ORDINANCE $82.62 AMENDING ORDI- Net Amount: AMENDE NO.D, 480THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS- GRANTING A ZONING CHANGE ON A CERTAIN OF LAND TRACTS g /� OF LAND WITHIN IIv�_ EUVIED • SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED Of TRACT 3G OUT OF THE H.GRANBERR- In 3 O SURVEY, U�� STRACT NO. 581, BEING APPROXI- MATELY 1.906 ACRES, AND MORE OFFICE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT C1N SECRETARY RICULTOURALG DIS- TRICT TO "SF-1A" SINGLE FAMILY THE STATE OF TEXAS RESIDENTIAL HET`EIFCTTOT SPECIFIC RE-- County of Tarrant °UINEE ENTI•IS TOHIS- ORDINANCE; COR- RECTINGBefore me,a NotaryPur IA THE ity and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,p ALL OTHER POR-legram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say TIONN OF THE ZONINGpublished\OR ON THE INTERNET in the above nam that the attached clippir zoG ORDI- paper on the listed dates: BIDS 81 LEGAL DEPT. STAR TLEGRA• MIINING THAT THE (817) 390-7320 MORALS AND GEN- ERAL .WELFARE DEMAND THE ZON- ING CHANGES AND Signed AMENDMENTS PROVIDING MTHAT. SUBSCRIBED AND SV SHALL ORDINANCE ANCCUMU THIS Tuesday, Dec mbe 003. d.--"Ij LATIVE OF ALL ORDINPROVIDING NA SEV- ERABILITY CLAUSE; Notary Public PROVIDING FOR A PENALTY FOR VIO- LATIONS ARSAAV- Thank You For INGS CLAUSE- PROVIDING FOR ��Yi"'"., C RJST.��HOL Q PUBLICATION IN —r THE OFFICIAL + {; �� NEWSPAPER- AND MY COMMISSION EXPIRES PROVIDING AN EF- FECTIVE DATE.. '�"., fi�`Y JULY 31,2004 SECTION 7. Any person, firm or -Remit To: - corporation who vio_ Customer ID: Cl'1 Star-. rates,disobeys,omits, neglects or refuses to P.O. : comply the or who enforce-nfo Customer Name: CITY OF SOUTHLAKE provisionsaof the oe FOR' dinance shall be fined 76101-2051 Invoice Number: 235774861 not more than Two Thousand Dollars (52.000.00) for each Invoice Amount: $82.62 offense.Each day that a violation is permitted to exist shall consti- PO Number: lute a separate of- fense. -._., ,..........,_ - PASSED AND AP- PROVEDHF Amount Enclosed: 18 DA TY OF TD'E, ¢EMBER, 2003, REG- ULAR CITY COUN- CIL MEETING. MA�YrrOtpR Andy ATTEST:Lon Farwell, City Secretary ................................... ................................... ................................... ................................... INVOICE M:EiI"Antimm Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 235081511 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/28/2003 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/2003 Bill To: 0PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23508151 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/28/2003 ' .Pt'bn I. :... lAta tiaa ti DOpt11t .xnage j\f . . t to �Qun.I CITY OF SOI TTIII,AKE Notice is he I3580 1 115 115 LINE $0.81 $93.15 CITY OF SOUTHLAKE Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held Net Amount: $93.15 on December 16, 2003, at 6:00 p.m. or immediately following the Work Session, during the Regular City Council meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake• rr���} f Texas.Purpose of the E C L5 public hearing is to n, LLB consider the second u reading of the fol- lowing ordinance: ORDINANCE NO. AN ORDINANCE I DEC 9 2003 J AMENDING ORDI-1 NANCE NO. 480 AS COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY TOF S GRANTING OFFICE OF CITY SECRETARY A ZONING CHANGE j . ON A CERTAIN , TRACT OR TRACTS j 1 TTHE LA CIT WITHIN OF SBEKELYASINGEGA DESCRIBED •As TRACT 3G Iic in and for said County and State,this day personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator SURVEY, OUT OF NBERAB-iblished by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say • STRACT NO. 581,,of an advertisement was published in th a v amed paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM BEING APPROXI-> MATELY 1.996 ACRES, AND MORE • \1111111111111111Ip/// FULLY AND CpDME \\\\ //// SCRIBED IN EXHIBIT SignedL/�( ���"\\\P�•AC'K".10,, A" FROM AG" AG- 0 • P U /L TRICRICUTT TO "SF-1RAL A" Q�� Bpi SINGLE FAMILY)RN TO BEFORE ME, THIS Monday, December 01 2003. = Q:• � n RESIDENTIAL DIS- _�: 0 TRICT,r,SUBJECT TO ��(/� _ Z �,� rn - THE SPECIFIC RE- ( - �� d� = /� }Q OUIREMENTS CON- Notary Public `J c5 TAINED IN THIS a ORDINANCE; COR- �lF ci RECTING THE OF- %..... ' FICIAL ZONING EXPIR.•' �bQ MAP; PRESERVING �ii ••......• ALL OTHER POR- �'/i// 08-19.2 TIONS OF THE ////////I/llllllllllll111\\\\`\`T ZONING ORDI- 1 NANCE; DETE7 Your Payment MINING THAT TH J PUBLICINTERES ..._.._........................_... ...... ...._,...„,............, _,„.._,, .,,,.. ...,,. MORALSAND GEN-- ."'"•,.„.„............. ._..._.......... ,................-.„,..............,."""""""`.""" ERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS PROVIDING MTHAT R SHALL ORDINANCE CU UE Telegram Customer ID: CIT57 LATIVE OF ALL ORDINANCES; RO IDI GNA sEv:Box 901051 Customer Name: CITY OF SOUTHLAKE ERABILIT CLAUSE; PROVIDING FOR A PENALTY FOR V10-1 WORTH, TX 76101-2051 Invoice Number: 235081511 CATIONS HEREOF; PROVIDING A SAV- PROVIDININGS LA FOR Invoice Amount: $93.15 PUBLICATION IN NEWSPAPERFIAND PO Number: PROVIDING AN EF- FECTIVE DATE. 7 Amount Enclosed: Any person, firm or ••--- corporation who- vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- rute a-se " �,,�. fens parate of- City of Southlake Lori Ferwau