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480-569 CITY OF SOUTHLAKE, TEXAS 1`1AL RECORE ORDINANCE NO. 480-569 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 TRACTS 6G, 6H AND 6K, JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 4.554 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND LIGHT INDUSTRIAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 and "I-1" Light Industrial 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 Page 2 existed at the time their 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 legally described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract 529, being approximately 4.554 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "I-1" Light Industrial Page 3 District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B," and subject to the following conditions: 1. Subject to the requirements of the Erosion and Sediment Control Ordinance No. 946 and the applicant has agreed to proceed with training as soon as it is available. 2. Subject to Concept Plan Review Summary No. 3, dated September 29, 2008. 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 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 Page 4 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 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 Page 5 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. Page 6 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 7th day of October, 2008. MAYO R St.4864$5?,'pol9F ATTEST:, ee I a //~C e,6• ~yy e`er J e • • ' t12 a Tom` v 0 V/ e • CITY SECRETA ` ~r eeee••e• !lHlllltl{{{1 PASSED AND APPROVED on the 2nd reading the 21st day of October, 2008. MAYOR ATTEST: P O • CITY SECRET Y ''ed ,e•~ 'bdd /del. ttt°`APPROVED AS TO FORM AND LEGALITY: C'X~Wjll CITY ATTORNEY . "ZU'D DATE: ADOPTED: 10-21-IV EFFECTIVE: 10-24-09 Page 7 EXHIBIT "A" Being legally described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract 529, being approximately 4.554 acres, and more fully and completely described as follows: LEGAL DESCRIPTION BEING all that certain, lot tract or parcel of land located in the in the JOHN H. FREEMAN SURVEY, ABSTRACT NO.. 529, City of'Southlake, Tarrant County, Texas, and being all of that certain tract of land described in the deeds to ADEL M. ELBORAI filed for record in the County Clerk's File No. D205280441, and the County Clerk's File No. D206156535, Deed Records, Tarrant County, Texas, (D,R.T.C.T.) and being a portion of that certain tact of land described in the deed filed for record in Volume 6253, Page 938, D.R..T.C..T., conveyed to ADEL M. ELBORAI, by the Constable's Deed, filed for record in the County Clerk's File No. D207345602, (D.R..T,.C T.) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod set with a cap stamped "JDJR", for the northeast corner of Miracle Point, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed for, record in Cabinet A, Slide 10928, Plat Records, Tara'ant County, Texas (P.R.T.C..T and being on the west line of Lot 1, Block A, Entek Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed for record in Volume 308-206, Page 15, (P.R.T.C.T THENCE South 88° 5724" West, along the north line of'said Miracle Pointe, a distance of 706.90 feet to a 518 inch iron rod found with a cap starnped "117,111" at the northwest corner of said Miracle Pointe, and being in the east line of Block 2, of Cambridge Place, Phase 1, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed for record in Cab. A, Slide 2873, P R T CX..; THENCE North 00° 07'29" West, along said east line, a distance of 280.33 feet, to a 5/8 inch iron rod set with a cap stamped "-IDJ R", for the northeast corner of said Block 2, of Cambr idge Place, Phase 1, and being on the south line of Kimball Hills, an addition to the City of Southlake, Tan-ant County, Texas, according to the plat filed for record in Cabinet A, Slide 11587, P.R_T.C.T.; THENCE North 8$° 56'54" East, along said south line, a distance of 708 17 feet, to a 5/8 inch iron rod set with a cap stamped ".1 DJ R" for the northwest corner of that certain tract of land described in the deed to David W Nicastro and Marian Nicastro filed for record in the County Clerk's File No. D203170744, D.R.T_C.T.; THENCE South 00" 08'02" West, along the west line of said N icastro tract, passing the northwest corner, of the aforemention Entek Addition, in all a distance of 280 46 feet, to the POINT OF BEGINNING and containing a computed area of 4 554 acres (198,354 square feet) of land, more or less. Page 8 EXHIBIT "B" Concept Plan ~ e L Yre ' .s r v, ..fa 3, Z w w Z £)9 4 UN 4Cjr Wa l: ~Sk` A:,ge ~urx: <F i < t.ORiH _ S ~ p=4Ey . t ~ £r 1a 1tyt= a ' p a ;P4 t 8~ ri a ~ w 1' ~ sii j7y S xr ~ 9 ~cY: e£ ~ ~ 6° ~ is ^ • ) ~ I d"-s 4`' ~7FP 3 Y i - 5 3~ r3prs €3 as i x 1~~' i P Jib.: Y - 3 r= S ^t e t. c ~nmc au~ie arran". _ -:^•~44%,I, ; I _ pY s. ~3„° 31NIOd 310Y~1 ~ ~ 3+~ ~ki~ y ; . 3.t,, s fY_~ g a _ _ 7a Z Page 9 Tree Conservation Plan ewa+as K ~ i ~ aef g ; p4 ^ I 4 3 is~i tg[ 1~Ta~ BS _ Y Nl21CN i NORIN j q ' iy~P ~i a~~ o 8 Ens i <0 an . ii~ $byye g g Ya:$~ ~ ~F 9~~Y a eee y$.d~ gY .eY-oes ~ y ro.zas~ios s` a aix e 1,4 yyg Yr, Nat ILL SFqgk` ILI! Aap ~lnoe ~»visv ~T ~L^^SS i x* y S t~ y~ ° § e e $ to rm sa ";g~~ IE '~.y/S.v, WI _ '3nrdp ayy`on 3@ s ° s r - ~"i P d. `kt ktg} J f R Page 10 INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 301017801 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/26/2008 Federal Tax ID 22-3148254 .E, Terms: Net due in 21 days Bill To: _ � C�� Due Date: 10/31/2008 CITY OF SOUTHLAKE �`� N�V 200 PO Number: no po 1400 MAIN ST 8 Order Number: 30101780 STE 440 \\ Sales Rep: 073 \ SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE-. Publication Dates:10/24/2008 - 10/26/200 Des( Legal Notices MI Notices _ Location Col Depth Linage MU Rate Amount Dietary, Employ- CONTAINED IN THIS ment Assistance, ORDINANCE; COR- CITY( Nursing, Respite RECTING THE OFF'- 13580 I 112 112 LINE $0.43 $95.72 care, Occupational CIAL ZONING MAI', Therapy, Physical PRESERVING ALL Therapy, Speech OTHER PORTIONS Therapy, Supported OF THE ZONING Sales D Employment, Voca- ORDINANCE; DE ($8.50) tional Training. For TERMINING THAT RE�.EN information and to THE PUBLIC INTER- i FF 11 v receive an applica- EST, MORALS AND .r,, y.. MiSC F( tion please see our GENERAL WELFARE $5.00 website at www. DEMAND THE ZON- mhmrtc.org or email ING CHANGES AND us at AMENDMENTS provider.relations HEREIN MADE; NOV @mhmrtc.org PROVIDING THAT IS THIS ORDINANCE hI V CITY SHALL BE CUMU- OF SOUTHLAKE LATIVE OF ALL $92.22 ORDINANCE ORDINANCES; PRO- NO. 480-569 VIDING A SEVER- AN ORDINANCE ABILITY CLAUSE; -- NANCE G ORDI- PROVIDINGNLTYFOR A OFFICE I �,� ; ii{�yi SECRETARY NANCE NO. 480, AS PENALTY FOR VIO- O L cJ \! 1 AMENDED, THE LATIONS HEREOF; COMPREHENSIVE PROVIDING A SAV- ZONING ORDI- INGS CLAUSE; NANCE OF THE CITY PROVIDING FOR OF SOUTHLAKE, PUBLICATION IN TEXAS; GRANTING THE OFFICIAL A ZONING CHANGE NEWSPAPER; AND .,pP� •y Ph, ON A CERTAIN PROVIDING AN EF- O < CHRISTYL.HOLLAND TRACT OR TRACTS FECTIVE DATE. �' � `' OF LAND WITHIN SECTION 7. A. My Commission Expires THE CITY OF Any person, firm or '>q,�! July 31,2012 SOUTHLAKE, TEX- corporation who vi- AS BEING LEGALLY olates, disobeys, DESCRIBED AS omits, neglects or yyyymyymyyyyymyyyyymyyyy THE TRACTS 6G,6H AND refuses to comply 6K JOHN A. FREE- with or who resists COUI MAN SURVEY, AB- the enforcement of STRACT NO. 529, any of the provisions BEING APPROXI- of this ordinance Befo MA ESYAND MO4.5RE 4 more ll be thfined Tnot wo/and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- AC , Telei FULLY AND COM- Thousand Dollars PLETELY 00) for eacht Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the DE- ($2,000. attac SCRIBED IN EXHIBIT offense. Each day led in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM "A" FROM "AG" that a violation is (817 AGRICULTURAL permitted to exist DISHTICT AND R AL shalla constitute a LIGHT INDUSTRIAL separate offense. 20A" SINGLE FAM- ASSEDISTRICT TO "SF- PPROVED THIS THE AND AP- Signed -�� ILV RESIDENTIAL 21st DAY OF OC • - DISTRICT, AS DE- TOBER, 2008 DUR- SUB PICTED ON THE ING THE REGULAR THIS Wednesday OCto;%�g,20O$. APPROVED CON- CITY COUNCIL M CEPT PLAN AT- MEETING. TACHED HERETO MAYOR: Andy AND INCORPORAT- Wambsganss Notary Public ED HEREIN AS EX- ATTEST: Lori Payne, HIBIT"B",SUBJECT City Secretary TO THE SPECIFIC REQUIREMENTS 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: 301017801 Invoice Amount: $92.22 PO Number: no po Amount Enclosed: $ I t • INVOICE Preview Star-Telegram Customer ID: CIT57 400 W.7TH STREET / Invoice Number: 300610671 FORT WORTH,TX 76102 R C ,V b�.D (817)390-7761 Invoice Date: 10/12/2008 Federal Tax ID 22-3148254 Terms: Net due in 21 days NOV 1 1 LUU° Due Date: 10/31/2008 Bill To: PO Number: NO PO CITY OF SOUTHLAKE O.F. ,y Tp 1400 MAIN ST C7F10E C+I SECRETARY"2Y Order Number: 30061067 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Dates: 10/6/2008 - 10/12/200 Description Locatio s`,; ' :1. ;'' ,i' . 't? '' a' m"''''r . is aunt CITY OF SOUTHLAKE Notice is he 13580 1 126 126 LINE $0.42 $107.06 Sales Discount ($8.50) Misc Fee RECEIVED $5.00 NOV © 3 2008 / By: Net Amount: $103.56 \/ qY P illAige CHRISTYL.HOLLANDL,�� My Commission Expires iN 1`), 4��.,- July 31,2012 �J ................1VVVVVIT•VVITVII VVV THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in th ove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Q---D Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, cto r ,2008. 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: 300610671 Invoice Amount: $103.56 PO Number: NO PO Amount Enclosed: $ I. Legal Notices i DISTRICT AND"1-1" LIGHT INDUSTRIAL DISTRICT TO 'SF- 20A„ SINGLE FAM- ILY RESIDENTIAL IDISTRICT, AS DE- PICTED ON THNE APPROVED CEPT PLAN AT- ITACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B',SUBJECT TO THE SPECIFIC REQUIREMENTS OTHIS RD NANCE!ONTAINEDN COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING OTHER PORTIONS OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND DEMANDGENERAFARE L HELZON- ING CHANGES AND AMENDMENTS TE; HEREIN PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO ABILITY INGA CLAUSE;S PROVIDING FOR VIO- LATIONS ORENALTYFHEREOF; PROVIDING AV- INGS CLAUSE: PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTIONf 7. or Legal Notices Any person. who vi- CITY OF SOUTH- olates, disobeys, LAKEby omits, neglects or Notice is hereby given refuses to comply the City Council of with or who resists of the City of the enforcement of Southlake, Texas, any of the provisions that a public hearing of this ordinance will be held on Oc- tober 21, 2008, at more than Two 5:00 p.m. or the Thousand Dollars diatelyfollowingo a ($2,000.00) for each Work Session, offense. Each day dur- ing the Regular City that a violation isi Council meeting to permitted to exist be held in the City shall constitute a Council Chambers of separate offense. Town Hall, 1400 City of Southlake Main Street, South- Lori Payne Ilake,Texas. Purpose City Secretary of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-569 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS'I AMENDED, THE COMPREHENSIVE ZONING ORDI- OFNCE THE CITY SOUTHLAKE TEXAS; GRANTING A ZONING ON CHANGE A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS TRACTS 6G,6H AND A. MAN OS RVEY,RAB STRACNO. 529 BEING T APPROXI- MATELY 4.554 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL