Loading...
480-450CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-450 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 3A1D1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 3.95 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 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 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 3A1D1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 3.9S acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Single Family Residential 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. Page 3 SECTION 3. That in all other respects the use of the tract or tracts of land 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 ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity Page 4 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 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. Page 5 PASSED AND APPROVED on the 1st reading the 4`h day of January, 2005. MAYOR ATTEST: Y04.e� a --' I CITY SECRETAR PASSED AND APPROVED on the 2nd reading the 18th day of January, 2005. APPROVED S O FORM AND LEGALITY: CITY ATTORNEY DATE: 5-3-0 ADOPTED: i - ( � - QS EFFECTIVE: I - Z I - uS 7�f MAYOR ATTEST: \\\yea �.o` 5plk 0/ CITY SECRETARY o 46.•' Page 6 EXHIBIT "A" Being Tract 3A1D1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 3.95 acres. 1858 East Keller Parkway, Suite D, Keller, Texas 76248 Tel. (817)431-4971 Fax: (866)290-4631 Metes and Bounds Description F. Throop No. 1511 Addition, Lots 15,16, & 17 WHEREAS Douglas J. Barker et ux, Saundra Barker are the owners of that certain tract of land situated in the Francis Throop Survey, Abstract Number 1511 in the City of Southlake, Tarrant County, Texas, the said tract of land being all of the called 3.94 acres of land described in the deed from Williarn"':I Patrick etux, Wilma B. Patrick to Douglas J. Barker et ux, Saundra Barker recorded in Va %e 9983, Page 1332 of the Deed Records of Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follow: BEGINNING at the Northwest of the said 3.94 acre tract at a found 1/2"inch rebar in a North -South fence line ; THENCE North 89 Degrees 56 Minutes 50 Sec, acre tract and the South line of Lot 2, Pecan Volume 388-164, Page 88 of the Plat Records distance of 544.56 feet a found 1/2 rebar at the in all, a total distance of 549.56 feet to a 518. im LAND SURVEYING" set on the West right of v s East with the North line of the 3.94 es according to the plat recorded in Tarrant County, Texas, passing at a itheast comer thereof and continuing, luminum capped rebar stamped "JPH of Sunshine Lane; THENCE South 00 Degrees 50 Minutes 10 Seconds East with the West right of way of the said Sunshine Lane a distance of 313.24 feet to a found 3/8 inch rebar at the Southeast corner of the 3.94 acre tract; THENCE South 89 Degrees 56 Minutes 50 Seconds West along a fence and with the South line of the 3.94 acre tract, parallel with the North line thereof, a distance of 548.99 feet to a 5/8 inch aluminum capped rebar stamped "JPH LAND SURVEYING" set near a fence comer post; THENCE North 00 Degrees 57 Minutes 29 Seconds West along the said North -South fence line and with the West line of the 3.94 acre tract a distance of 313.25 feet to the PLACE OF BEGINNING and enclosing 3.949 acres of land. Page 7 INVOICE Preview Star -Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST ,1 OFFICE OF CITY SECORETARY Customer ID: CIT57 Invoice Number: 251062841 Invoice Date: Terms: Due Date: PO Number: 1 /21 /05 Net due in 21 days 1 /31 /05 Order Number: 25106284 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 1/21/05 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLA THE STATE OF TEX7 County of Tarrant Before me, a Notary Pi for the Star -Telegram, that the attached clippi (817) 390-7320 SUBSCRIBED AND SH Thank You For Remit To: Star-7 P.O. f FORT 13580 1 102 102 1,1NF S0.81 $82.62 Net Amount: CHRISTY L. HOLLM ID ?* ": MY COMMISSION EXPIRES July 31,2008 $82.62 ty and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator !gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say as published in the abovefnameQ paper on the listed dates: BIDS 81 LEGAL DEPT. STAR TLEGRAM Signed d U THIS Monday, January Notary Public fates, disobeys, omits, neglects or refuses to comply with or who Customer ID: resists the enforce- ment of any of the provisions of this or- dinance shall be fined Customer Name: Thousand thfin Two ros� ,$2,000.00) for eaclY 6101-2051 Invoice Number: offense. Each day that a violation is permitted to exist shall consti- Invoice Amount: lute a separate of fense. PASSED AND AP. PO Number: PROVED THIS THE 18th DAY OF JANU- ARY, 2005, DURING Amount Enclosed: THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy W ambsgan ss ATTEST: Lori Farwell, City Secretary CIT57 CITY OF SOUTHLAKE 251062841 $82.62 JAN a State of Texas 19 20c" OFFICE OF CITY SECRETARY INVOICE County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Lisa Wesselman. Bid & Legal Coordinator for the Star-Telegram, published by Star-Telegram, Inc. At Fort Worth, in Tarrant County, Texas and distributed in other surrounding Counties; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: CUSTOMER ID: CIT57 DESCRIPTION: CITY OF SOUTHLAKE INVOICE DATE: 12/31/04 INVOICE 250316811 SALES REP: JANICE GREGORY PO NUMBER NONE LICATION DATE(S): 12/31/04 A INVOICE AMOUNT $93.15 Signed: Subscribed and sworn to before me, this the 3 Day of JANUARY 2005 ? tiP ( P /'..2 Notary Public 's �-- ° o Tarrant County, Texas }Q, • • Lisa Wesselman 9JF of 1` STAR TELEGRAM BIDS AND LEGALS %,�,� •FxPiaEoOb````.�c� PHONE: (817) 390-7320 Oj,, 8/1j1"91..2\`\����r�`� ADDRESS: STAR TELEGRAM Please pay this invoice if not already done. 400 WEST 7TH STREET Thank you. FORT WORTH ,TX 76102 PAGE #1 AD IS ATTACHED ON PAGE #2 PAGE#2 PASTE AD HERE CITY OF SOUTHLAKE • Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on January 18, 2005, at 6:00 p.m. or im- rnediately following the Work Session, during the Regular "iry Council meeting held in the City ocil Chambers of n Hall, 1400 Main ,et, Southlake, xas.Purpose of the olic hearing is to nsider the second ,ading of the fol- in9 ordinance: OwRDINANCE NO. 480-450 AN ORDINANCE 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 TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX-, AS BEING LEGALLY' DESCRIBED AS TRACT 3A1D1, SIT- UATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511 BEING AP- PROXIMATELY 3.95 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- , QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR• RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ING CHANGES AND HEREIN D M MADE PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINAPROVIDINGNA SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING.AN EF- 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- dinance 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 consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary