Loading...
480-428 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-428 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 CERT AIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOT 1, BLOCK 1, FATHER JOE ADDITION AND THE ADJOINING AREA DEDICATED FOR JOHNSON COURT, BEING APPROXIMATELY 9.99 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE 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 THA T THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY FOR VIOLA TIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South lake, 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 "CS" Community Service 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 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 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 of land, avoids undue concentration of population, and facilitates the adequate provision oftransportation, 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 elassification 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 South lake, 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 Lot 1, Block 1, Father Joe Addition, an addition to the City of Southlake, Tarrant Countv Texas as recorded in Cabinet A, Slides 859, Plat Records, Tarrant County, Texas, and . , , the adjoining area dedicated for Johnson Court, an addition to the City of South lake, Tarrant County, Texas, as recorded in Cabinet A, Slide 860, being approximately 9.99 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service District to "SF- 1 A" Single Family Residential District. Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map ofthe City of South lake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use ofthe tract or tracts ofland herein above described shall be subject to a]] 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 ofland 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 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 fifteen (15) days before the second reading of this ordinance, and ifthis 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 fu] 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 16tb day of December, 2003. ~~~~ MA OR "" --...., ATTEST: J~'{)~ CITY SECRET AR \,<'<'.'~~'."""i,." ,'. Ù 1 nL4fr " _,"r_O .~...e.. ~' -"-;. . -J.. eo, .A "ð ~' :«. ... .0 ~ ';, " O. * ". .., ':' , . .r. ::>-: ::Þ: =¡-- .en: =õ\ .: E :.~" ..:: ~'. '.. .." ,-~ .~ -....... " '. " -'-"" **~ ,,\\\\ -I:""",." PASSED AND APPROVED on the 2nd reading the 6tb day of January, 2004. ~~~ - ATTEST: -"Y """;'" ~ /)".,/ ~. ' ,'~"~O\):~~.I.,-::!;;;"'", >. /1 -,.1 LA... -r ,"" .... -'.: .)\":., (L./v'- "I f 0'" .~_.'" ~;.:.;:; CITY SECRET AR Y ~ >: :~:;Çi(" : ?,;: -:::1;..: ~ :-1'):;. '-:. v ..' ..- ~,'. 0° >, -..0......0".- -', --"'F **-!< -., Page 6 APPROVED AS TO FORM AND LEGALITY: /) // / / , /' ( r ,/ h-", \" / , CITY ATTORNEY ( DATE: 3/2/'Y¡- ADOPTED: /'W-Oq EFFECTIVE: 1.1JL4 ~ Page 7 EXHIBIT "A" Being Lot 1, Block 1, Father Joe Addition, an addition to the City of Southlake, ~~~t County, Texas, as recorded in Cabinet A, Slides 859, Plat Records, Tarrant County, Texas, and the adjOInIng area dedIcated for Johnson Court, an addition to the City of South lake, Tarrant County, Texas, as recorded in Cabinet A, Slide 860, being approximately 9.99 acres. PROPERTY DESCRIPTION 9.99 acres oHand sItUated in the City of South!ake, Tarra.'lt County, Texas; said 9.99 acres ofland being aU of Lot 1, Block 1, Farner Joe Addition, an aclditi:orno said city Ere-curding to the plat filed- in Cabinet A, Slide 859,Plat Records~ Tarrant County, Texas; said 9.99 ac.res of land also encom~tise~ that portißn of }ohnsorrComT, a 50'.0 fèet wide public street, dun bounds said Lot f, Block 1 on the east side; said 999 acres of land being mor~ particularly d~crfbed by metes and bounds as íblJows' BEGINNING at .a ¡/: inch iron rod set WIth plastic ca<p stamped" Landes & As$Oc. n (hereinafter an al! 1/2 mch iron rods are so marked) at the southwest corner of said Lot I, Btodr} and !R'fITg m th-e- north ROW line of Johnson Road; THENCE N 00° 02' 23" E, 7J 822 t~ct along the west hn-e of Lot 1, B-lòdc 1 to: a- Y2 incltiron rod., found at the northwest comer ofsa.id Lot 1. Block1 ; THENCE S 89° 38' 00" Eo along the north hnc ofLut ì, mocK 1 at 555.59 feet pa$sing the northeast comer of Lot] . Block 1 arn:1 the west ROW hM ú-f Jtt~m C 0tit1 and commuinga-cfOS5" John~on Com1 in aU 605,59 feet to the east ROW line of Johnson Court; THENCE S 00° O}' OS" E, 718.23 fe.et along the east ROW line of Johnson Court to a ~-; inch Iron rod set in the north ROw line- of Johnson R<}ad~ THE.:."JCE N 89" 38' 00" W, a.k;ng the oonh ROW hneof Johnson COtlrt and the south line of LOi- 1, Block 1 :in an 606,32 feet to the POINT OF BEGINNING and containing 9,99 acres ofland. Page 8 INVOICE -# ... Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 236345921 FORT WORTH,TX 76102 117)390-7761 Invoice Date: 01/09/2004 .ederal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 01/31/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23634592 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 01/09/2004 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 I 104 104 LINE $0.81 $84.24 CITY OF A SONAN ING CHANGES AND AMENDMENTS ORDINANCCEE NO.480-428 HEREIN MADE AN ORDINANCE PROVIDING THAT Net Amount: $84.24 AMENDING ORDI- THIS ORDINANCE NANCE NO. 480 AS SHALL BE CUMU- AMENDED, THE LATIVE OF ALL COMPREHENSIVE ORDINANCES; D ^IIIU" ZONING ORDI- PROVIDING A SEV= NANCE OF THE CITY ERABILITY CLAUSE; OF SOUTHLAKE, PROVIDING FOR A TEXAS- GRANTING PENALTY FOR VIO- �I A ZONING CHANGE LATIONS HEREOF; ON A CERTAIN PROVIDING A SAV- OF TRACTS INGS CLAUSE ^ 0 r��� OF LAND WITHIN PROVIDING FOR .. L 4 THE CITY OF PUBLICATION IN Ill JAN SOUTHLAKE TEX- THE OFFICIAL AS BEING LEGALLY NEWSPAPER-PROVIDING AND DESCRIBED AS LOT _ EF- FECTIVE DATE. 1,BLOCK 1 FATHER JOE ADDITION AND SECTION 7. OFFICE OF CITY SECRETARY THE ADJOINING Any person, firm or AREA DEDICATED corporation who vio- FOR JOHNSON lates,disobeys,omits, r - - COURT BEING AP- neglects or refuses to __ PROXIMATELY 9.99 comply with or who ', "`+,, CHRISTY L.HOLLAND ACRES, AND MORE resists the enforce- FULLY AND COM- ment of any of the ,' MY COMMISSION EXPIRES PLETELY DE- provisions of this or- SCRIBED IN EXHIBIT dinance shall be fined `s,� A" FROM 'cS" not more than Two „qr JULY 31,2004 THE S VI EMDISTRICT TO $2,0 Thousand0) for Dollars r - SF-lA" SINGLE offense.Each day that Counr FAMILY • RESIDEp4- a violation is permitted TIAL DISTRICT to exist shall consti- SUBJECT TO THe tute a separate of- Before SPECIFIC RE- fense. this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the TAINED IN THIS PROVED TTHI THE at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say ORDINANCE; COR- 6th AY DURING th RECTING THE OF- \OR ON THE TERNET in the above named paper on the listed dates: BIDS 8t LEGAL FICIAL ZONING THE REGULAR CITY DEPT. MAP; PRESERVING COUNCIL MEETING. ALL OTHER POR- MAYOR: Andy ($1]) TIONSOF THE Wambsganss --...../(1 .---•"' (//0" ".....a.C."---- ZONING ORDI- ATTEST: Lori Farwell, NANCE; DETER- CitytySecretary MINING THAT THE Signed PUBLIC INTEREST. B ed MORALS AND GEN ERAL WELFARE SUBS( DEMAND THE ZON- FO BEFORE ME, THIS Monday,Ja a 1 ,2004. Notary Public Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 236345921 Invoice Amount: $84.24 PO Number: • • Amount Enclosed: