Loading...
480-584CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-584 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 11A03, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 under the City's Comprehensive Zoning Ordinance; and, 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, Ordinance No 480-584 Page 1 of 8 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, 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 Ordinance No. 480-584 Page 2 of 8 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 11A03, Thomas M. Hood Survey, Abstract No. 706, being approximately .5033 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B". 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 Ordinance No 480-584 Page 3 of 8 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 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. Ordinance No. 480-584 Page 4 of 8 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. Ordinance No. 480-584 Page 5 of 8 PASSED AND APPROVED on the 1st reading the 5th day of May, 2009. C�zLd--'�_c John Terrell, MAYO ATTEST: _ • """ , 0(MIA�4�'° �, J i •o ••®® �` si ® • • Lori Payne, CIT SECRETA PASSED AND APPROVED on the 2nd reading the 19th day of May, 2009. John Terrell, MAY ATTEST: •� O Lori Payne Cl SECRETi4V i, %•• o� a `s APPROV S TO FORM AN LEGALITY: CITY ATTORNEY DATE: l LjQ , ADOPTED - EFFECTIVE: IYhU l9, 2Q�9 . Ordinance No. 480-584 Page 6 of 8 EXHIBIT "A" Being legally described as Tract 11A03, Thomas M. Hood Survey, Abstract No. 706, and being approximately .5033 acres, and being more fully described by metes and bounds as follows: Whereas, James C. and Elizabeth Hendricks are the owners of all that certain 0.5033 of an acre, which is the 0.503 acre tract described in the deed recorded in Document Number D207173265, in the Deed Records of Tarrant County, in the T. M. Hood Survey, A-706, City of Southlake. Tarrant County, Texas and more particularly described by metes and bounds as follows; (all bearings based on the north line of Stock 1, Southridge Lakes. — Phase Vi, an addition to the City of Southloke, recorded in Cabinet A. Slide 1434, in the Plat Records of Tarrant County, Texas, coiled North 87 53' 07" East): BEGINNING at a 1/2* iron rod with a cap stamped "Spry" set for the northwest corner of the herein described tract, common to the northeast .corner of Lot 101 of said Stock 1, Southridge Lakes — Phase VI, in the south line the 72.734 acre tract described in the deed to Terra/Shady Oaks. L.P. recorded in Document Number D206217962 in the Deed Records of Tarrant County, from which a 5/8" iron rod with a cap stamped "SEMPCO" found for the northwest comer of said Lot 101, Block 1. Southridge Lakes — Phase A. bears South 89' 53' 07" West — 135.75', and from which a 5/8' 'iron rod with a cap stamped 'SEMPCO' found for the northwest corner of Lot 104 of sold Block 1, Southridge Lakes — Phase Vl bears South Mr 53' 07" West — 501.35; THENCE North 89' 53' 07" East along the north line of the herein described tract, common to the south lane of said 72.734 acre tract, passing at a distance of 318.48' a 1/2" iron rod with a cap stamped "Spry', set 30' west of the centerline of Shady Oaks Drive (R,O.W. Varies), continuing for a total distance of 323.00' to the northeast corner of the herein described tract, in the west right—of—way line of said Shady Oaks Drive; THENCE South 00' 03' 44" East — 67.45' along the west right—of—way line of said Shady Oaks Drive, to the southeast corner of the herein described tract, common to the northeast corner of tract 1 — 0,,50 M Ms described in the deed to Hugh Charles. and Debra Sue Scherer, recorded in Volume 5372, Page 442 in the Deed Records of Tarrant County; THENCE South 8T 44' 07" West passing at a distance of 4.35' a 1/2" iron rod with a cap stamped "Spry", set 30' west of the centerline of Shady Oaks Drive, passing at a distance of 6.35' a 5/8" iron rod with a cap stamped 'SEMPCO" found for the southeast corner of Lot 21, T. M. Hood No. 706 Addition, an addition to the City of Southlake, recorded in Cabinet A. Slice 10466, in the Plat Records of Tarrant County, common to the northeast conger of Lot 82R, Block 1, Southridge Lakes, Phase V—Section Two, on addition to the City of Southlake, recorded in Cabinet A, Slide 1401, in the Plat Records of Tarrant County, bears South 00' 12' 19" East — 372.67', and from which a 5/8" iron rod with a cap stamped 'SEMPCO" found for the southeast corner of said Lot 82R, Block 1. Southridge Lakes, P17tase V—Section Two bears South 00' 12' 19" East — 592.69', continuing along the south line of the herein described tract, common to the north line of said Tract 1' — 0.50 Acres for a total distance of 323.00' to a 1/2" iron road with a cap stamped "Spry" set for the southwest Garner of the herein described tract, common tothe, northwest corner of said Tract 1 — 0.50 Acres, in the east line of said Lot 101, Brock 1, Southridge Lakes — Phase V1; THENCE North 00' 03' 34" West — 68.30' along the west line of the herein described tract, common to :the east tine of said Lot 101, Block 1, Southridge Lakes — Phase Vt to the POINT OE 9WINNiNG and containing 0.5033 of an acre of tang. Ordinance No. 480-584 Page 7 of 8 EXHIBIT "B" Ordinance No. 480-584 Page 8 of 8 21409-ODY INVOICE Preview Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 304776441 FORT WORTH, TX 76102 Invoice Date: 5/22/2009 (817) 390-7761 Federal Tax ID 26-2674582 �1�Q Terms: Net due in 21 days *ul AKA Due Date: 5/31/2009 Bill To:Pik r,ncra, PO Number: 20900115-000 CITY OF SOUTHLAKE Order Number: 30477644 1400 MAIN ST STE 440 / Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 5/22/2009 Attn LINDA . FREE Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 105 105 LINE $0.81 $85.05 Sales Discount Misc Fee THE STATE OF TEXAS County of Tarrant 'r'r'71VFD J l Net Amount: VECRLETARY ($5.00) $5.00 $85.05 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 publish d in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, May 22, 2009. v- Notary Public = S i •� OF TOP 819120 101`\\\\`��� 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: 304776441 Invoice Amount: $85.05 PO Number: 20900115-000 Amount Enclosed: $ I l _____ CITY OF -- SOUTHLAKE ORDINANCE NO. 480-584 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENTHE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTINfi A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 11A03, TH- OMAS M. HOOD SURVEY, AB- STRACT NO. 706, AND MORE FULLY AND COMPLETELY q" FROM NGRICULTUR- r RICTTO "SF - ANGLE FAM- RESIDENTIAL CT, AS DE - I ON THE ,VED CON - PLAN AT - HERETO NCORPORAT- REIN AS EX- ;B", SUBJECT HE SPECIFIC IREMENTS \INED IN THIS ANCE; COR- VG THE OFFI- ?ONING MAP; RVING ALL 2 PORTIONS HE ZONING IANCE; DE- INING THAT 'UBLIC INTER- VIORALS AND 2AL WELFARE ND THE ZON- HANGES AND N D M E N T S iN MADE; (DING THAT ORDINANCE L BE CUMU- DNS HEKLUF; VIDING A SAV- CLAUSE; VIDING FOR LICATION IN OFFICIAL VIDING ANAND EF-- Any person, firm or corporation who vi- olates, 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. PASSED AND AP- PROVED THIS THE 19th DAY OF MAY, 2009, DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: John Terrell ATTEST: Lori Payne, City Secretary Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 INVOICE Preview Customer ID: CIT57 Invoice Number: 304521531 RM F IVE p Invoice Date: 5/8/2009 Terms: Net due in 21 days MAY 2 2 2009 Due Date: 5/31/2009 PO Number: #20900115-000 .. { ,f JECRCTAnY Order Number: 30452153 I Sales Rep: 073 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 5/8/2009 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 Sales Discount Misc Fee 1 III III LINE Net Amount: $0.81 $89.91 ($5.00) $5.00 $89.91 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 Norwood, 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 publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed �— IIIIIII Hllll/Ij1 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, May 11, 2009. Notary Public OFTEIP`' Thank You For Your Payment 1111 19'20 `01`,° Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 304521531 Invoice Amount: $89.91 PO Number: #20900115-000 Amount Enclosed: $ Texas.• Purpose oT the public hearing is to consider the sec- nnd reading of the EHENS W 20A" -SING DISTRICT, PICTED C APPROVED Any person, firm or corporation- who vi- olates, 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 ThousandDollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake Lori- Payne City Secretary