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480-583OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-583 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 DESCRIBED AS TRACTS 1G1, 1G, 1V1, 1V, F. THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.536 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" 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, 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 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 1G1, 1 G, 1 V1, 1 V, F. Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas being approximately 1.536 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" 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 Concept Plan Review Summary No. 2, dated February 25, 2009; and requiring that prior to a Certificate of Occupancy being issued an adequate water supply is present for the subject property. 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 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 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. PASSED AND APPROVED on the 1st reading the 215t day of April, 2009. (L &—) MAY R a�- ATTEST: //4'�� A y Al e f �'' ..gym • u,l v 1/! . �. 1 IV If/ CIT/YA,AISECRETARY °•••.•a9wU�•"°� �` a ����eaea�laeee°@ve PASSED AND APPROVED on the 2nd reading the 5th day of May, 2009. MAYOR ATTEST:='C,,.•°` i b epy� CITY SECRETARY • •�I w 94®,• 60. APPROVED AS TO FORM AND LEGALITY: O�P�'j "�'q CITY ATTORNEY DATE: g-q,� ADOPTED: 5-breq EFFECTIVE: 5-3-M *I'M W I dV-1% Being legally described as Tracts 1G1, 1 G, 1 V1, 1 V, F. Throop Survey, Abstract No. 1511, Southlake, Tarrant County, Texas being approximately 1.536 acres and more fully and completely described as follows: BEGINNING at a 1/2" iron found in the west right—of—way fine Kimball Avenue said point also being the southeast corner of the herein described tract and the northeast corner of a tract described in Volume 7629, Pogo 294, CRTCT, said point being north 120.00 feet from the northeast corner of Meodowmere Southloke Addition as shown on a plot recorded 7n Volume 388-200, Page 97, Plot Records. Tarrant County, Texas; THENCE S. 89'-56'-50"W. with the north line of the last referenced tract 363.58 feet to a t/2" iron found in the east line of a Torian Lane (not opened) some being a west lire of the herein descr+bed tract; THENCE N. 00'-00'-00" E. 114.29 feet with the east I;ne of the lost referenced tract to a 1/2" iron found for corner; THENCE N. 87'-52'-26"W. 61.88 feet with the north line of said Torion Lane to a 5/8" copped iron set for corner in the east line of a tract described in a deed filed in Volume 8340, Page 437, ORTCT; THENCE N. O 1'-02' - 1 8"W. 89.95 feet to a point 1/2" iron found at its intersection with a southerly line of tract of land described in a deed filed under Clerk's File No. D20W7993; THENCE N. 30'-06'-00"E. 6.75 feet to o point for corner; THENCE S. W-43'-56"E. 184.10 feet to a 1" iron found in ;he west edge of the perimeter of a cul—de—sac at the terminis of Elaine Court having a radius of 50 feet; THENCE with said 50.00 foot perimeter and whose long chord bears S. 50'-16'-09"E. 64.81 feet an orc distonce of 70.51 feet to a 5/8" capped iron found at its ;ntersection with the west tine of a tract described in a deed filled in Volume 6043, Pogo 162, DRTCT; THENCE S. 00—00'-00"W. with said west line 69.42 feet to a 5/8" capped iron set for the southwest corner of the lost referenced tract; THENCE S. 99-00'-00"E. 189.72 Beet with the south line of the last referenced tract and a north fine of the herein described tract to a 1/2" iron found, in tl-e west r;ght—of—way line of said Kimball Avenue, for corner; THENCE S. OT-00'-00"W, with said west right—of—way line a distance of 100.32 feet to the POINT OF $EGINN;NG and containing 65.924 Sq.Ft. = 1.536 =/— acres. EXHIBIT "B" CONCEPT PLAN I Tw . . . ........ . .... . - - - - - - .... - STRAIT RESIDE CE 190N. KIM BALL AVE. RIM SOUTHILAKE, TEXAS z .. . ........... . . L TREE PRESERVATION PLAN 1111"I'a HI11,11 zF STRAIT RESIDENCE 1 900 N. KIMBALL AVE. SOUTHLAKE, TEXAS INVOICE Preview 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 Attn BARRY . LEWIS MR-F IVE C-1 MAY 2.9 2009 OFFICE �;� �- y-w'RETARY Customer ID: CIT57 Invoice Number: 304521521 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 5/8/2009 Net due in 21 days 5/31 /2009 PO#20900115-000. 30452152 073 CITY OF SOUTHLA 5/8/2009 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKELegal I I Notices CITY ( CE 13580 1 120 120 LINE $0.81 $97.20 NRDINA . 4803ORDINANCE RECTING THE OFFI- AN CIAL ZONING MAP; AMENDING ORCEDI- PRESERVING ALL Sales ] NANCE NO. 430, AS OTHER PORTIONS �$5•00) AMENDED, THE COMPREHENSIVE NG OF THE DE ORDINANCE;; ZONING ORDI- AT NG THAT THE M1sc Fi NANCE OF THE CITY OF SOUTHLAKE, PUBLIC THE PUBLIC S AND EST, MORALS AND $5.00 TEXAS; GRANTING GENERAL WELFARE A ZONING CHANGE DEMAND THE ZON- ON A CERTAIN ING CHANGES AND TRACT OR TRACTS A M E N D M E N T S OF LAND WITHIN HEREIN MADE; THE CITY OF PROVIDING THAT SOUTHLAKE,T AS BEING DE- THIS ORDINANCE Net Amount: $97.20 SCRIBED AS SHALL BE CU ALL! OF ALL; TRACTS 1G1, 1G, ORDINANCES; PRO- ORDINLATIVANCES; 1V1, 1V, F. THROOP AIDING A SEVER- AB- SURVEY,STRACT ABILITY CLAUSE; NO. 1511, PROVIDING FOR A SOUTHLAKE, TAR- PENALTY FOR RANT COUNTY,I HEREOF; HEREOF; TEXAS BEING AP- PROVIDING A SA PROVIDILATIONNG PROXIMATELY INGS CLAUSE• 1.536 ACRES AND PROVIDING FO PRO MORE FULLY AND PUBLICATION IN COMPLETELY DE- THE OFFICIAL SCRIBED IN EXHIBIT NEWSPAPER; AND "A" FROM "AG"� PROVIDING EF- AGRICULTURAL FECTIVE DATE. DISTRICT TO SECTION 7. "SF1A" SINGLE- Any person, firm FAMILY RESIDEN- corporation who vi- TH TIAL. DISTRICT, AS odisobeys, DEPICTED ON THE omits, neglects CO APPROVED CON- refuses to comply l ly CEPT PLAN AT- with who resists TACHED HERETO the enforcement of Be AND INCORPORAT- ED HEREIN AS EX- any of the. provisions of this ordnance and State, this da �Y y personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the HI BIT "¢", SUBJECT HI THE SPECIFIC To THE shall be fined not 3m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say tha E M E N T S more than Two Th d ollars 3s published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM CONTAINED IN THIS ousa fo each (81 ORDINANCE; COR- Each offense. Each day ---- --- that a is permitted to exist shall constitute a Signed separate offense. ASSED PS \ti; SUBSCRIBED AND SW( THE h0 DAD TO D MAY, THIS Monday,May 11, 2009, DURING THE 200 . �jp�ARYp(iB�'�if'� REGULAR CITY COUNCIL MEETING. MAYOR: Andy 0 q y� L / /_ �.._ Notary Public (!�h(, f `• t..�N- _ Wambsganss ATTEST: Lori Payne, Secretary_ (P 2 _City _ Z i �OFTE�P� �' _4RES.. 19-201NO`\\\ 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: 304521521 Invoice Amount: $97.20 PO Number: PO#20900115-000. Amount Enclosed: $ I INVOICE I,� otar-Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bile To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Customer ID: CIT57 Invoice Number: 304194211 4/17/2009 Net due in 21 clays 4/3 0/2009 PO#20900115-000 304' C1 ,.-r2,1 073 CITY OF SOUTHLA Attn Attn: ccouiyTs PA r�PIL _.�..___ _.. .. 4/17/2009 Pe ription Location.. Col Depth Linage MU Rate <� r Invoice. Date - Terms: Due Date: Dn _NT. Sales Rep: Description: PPh11-gfin" Dnfr'• CITY OF SOUTHLAKE Notice is he 13580 1 125 125 LINE $0.81 $101.25 Misc Fee $5.00 R =jVC MAY 8 2009 URIC` y� t ti.s!t i �';Mf��dP THE STATE OF TEXAS County of Tarrant Net Amount: $106.25 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 din the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed I SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, April Notary Pub o � 5 's q;XPIFiP' •\\\\�� 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: 304194211 Invoice Amount: $106.25 PO Number: PO#20900115-000 Amount Enclosed: $ durinc City Cc to be City C( 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 ($2 000 00) foroeach offense. Each day, that a violation _ is shallpermitted constitute e Asa separate offense. City of 5outhlake Lori Payne City Secretary