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480-457CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-457 F I C I L 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 2A, 2A1, 2A6, & 2A7, SITUATED IN THE C. DART SURVEY, ABSTRACT NO.2003 AND TRACTS 4A1 & 4D, SITUATED IN THE W. MARTIN SURVEY, ABSTRACT NO.1068, BEING APPROXIMATELY 13.28 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 Case No. ZA05-033 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, Case No. ZA05-033 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 Tracts 2A, 2A1, 2A6, & 2A7, situated in the C. Dart Survey, Abstract No. 2003 and Tracts 4A1 & 41), situated in the W. Martin Survey, Abstract No. 1068, being approximately 13.28 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-lA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Case No. ZA05-033 Page 3 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. Case No. ZA05-033 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 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. Case No. ZA05-033 Page 5 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 17i-h day of , 2005. MAYOR ATTEST: 'i'- a 444a CITY SECRETARY PASSED AND APPROVED on the 2nd reading the —4— day of, 2005. APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: OZ- ADOPTED:, �5 EFFECTIVE: b • 10 V� MAYOR ATTEST: `w11111110/,,,,. k3THIA e /� n • O CITY SECRETARY • 4Qooe o•. `e` Case No. ZA05-033 Page 6 EXHIBIT "A" Being Tracts 2A, 2A 1, 2A6, & 2A7, situated in the C. Dart Survey, Abstract No. 2003 and Tracts 4A 1 & 4D, situated in the W. Martin Survey, Abstract No. 1068, being approximately 13.28 acres more particularly described as follows: BEING a tract of land in the 14EIRS OF C14RISTOPHER DART SURVEY, ABST, No. 2003, situated in the City of Southlake, Tarrant County, Texas, and being a portion of a tract described in a deed to Owen W. L. Barnett of record in Vol, 5904, Page 98, Deed Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Northwest comer of Lot 3, Block 3 of Dove Acres as shown on a plat of record in Volume 388-132, Page 79, Plat Records, Tarrant Cowity, Texas, said point being in the North line of the tract described in Volume 5904, Page 98, above referenced; THENCE S. 0 deg. 07 min. 3 8 sec. E, 544,43 feet to an iron pin at the Southeast corner of Lot 10, Block 2, of said Dove Acres for the Smitheast corner of the herein described tract, THENCE West 881,47 feet along the Northerly line of said Black 2 to an iron pin in the same for comer; THENCE North 0 deg, 07 min. 38 sec. W. 5422.75 feet to an iron pin in the North line of the tract described in Volume 5904, Page 98, above referenced. THENCE N. 89 deg. 53 min. 28 sec. Cast 881.47 feet along the Noith line of the last referenced tract to the POINT OF BEGINNING mid containing 11.00 acres. Case No. ZA05-033 Page 7 BEING a tract of land in the WM H. MARTIN SURVEY ABSTRACT NO 1068, situated in the City of Southlake Tarrant County, Texas and being the tracts described in deeds to Jeanie Hancock at record in Volume 10117, Page 175 and contiguous are considered for the purposes herein as one tract and is more particularly described by metes and bounds as follows: BEGINNING at a Vz inch iron found at the Northwest corner of the tract described in Volume 9946. Page 284 above referenced, said point being South 313.21 feet from a 10 inch Post Oak in the North line of said Martin Survey, said Post Oak being the NortliNvest comer of a called 51.943 acre tract of record in Volume 3256, Page 95, Deed Records, Tarrant County, Texas; THENCE- N. 89 deg, 45 min. 20 sec, E, along the North Line of the last referenced tract and continuing along the North line of the tract described in Volume 10117. Page 175, above referenced, 398,35 feet to a V2 inch iron found at, the Northeast corner of same; THENCE S. 0 deg, 07 min. 38 see. E. 230.,81 feet along the East line of the last referenced tract to a Y-2 inch iron found in the North line of Lot 2. Block 2, or Dove Acres as, shown on a plat of record in Volume 388-132, Page 79, Plat Records, Tarrant County, Texas; THENCE West 186,46 feet along the North line of said Block 2 to a '/3 inch iron found in same for comer; THENCE S. 99 deg. 47 min. 48 sec. W 208-60 feet continuing along the North line of said Block 2 (bearing called West on plat) to a V2 inch iron found at the most Westerly Southwest comer of the last referenced tract in the Easterly line of Randol Mill Road; THENCE N. 0 deg- 56 min, 52 sec. W. 229.88 feet along said East line to the POTNT OF BEGMTNING. Case No. ZA05-033 Page 8 INVOICE 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 STE 440 SOUTHLAKE, TX 76092-7604 A CITY OF SOUTHLAKE OR THE STATE OF TEXAS County of Tarrant Before me, a Notary Public i for the Star -Telegram, publis that the attached clipping of (817) 390-7320 SUBSCRIBED AND SWORN Thank You For Yo Remit To: Star -Tel P.O. Bo FORT �0 R0( 0 W N AM 2 2 OFFICE OF CITY SECRETARY PAYABLE CITY OF SOUTH - LAKE ORDINANCE NO. 480-457 � _,,,ORDINANCE 13580 1 Customer ID: CIT57 Invoice Number: 256510061 Invoice Date: 6/10/05 Terms: Net due in 21 days Due Date: 6/30/05 PO Number: NO PO Order Number: 25651006 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/10/05 108 108 LINE $0.81 $87.48 Net Amount: $87.48 CHRISTY L. HOLLAND *0 MY COMMISSION EXPIRES 01 July 31, 2008 %� 48 it. A State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator n, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say blished in the agQve named paper on the listed dates: BIDS a LEGAL DEPT. STAR TLEGRAM I �l I A Signed i IS Tuesday, 1 e 14, K Notary Publi firm or who yio- ys, omits, efuses to or who tins or - be fined 0 1 -2051 — Tu a violation is permitted to exist shall consti- tute a separate of - fens PASSED AND AP- PROVED THIS THE 7th DAY OF JUNE 2005 DURING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy ambaganss A EST: Lori Farwell, City Secretary Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 256510061 $87.48 NO PO Q INVOICE Preview Star -Telegram ------ - Customer ID: CIT57 400 W. 7th Street O Invoice Number: 255874871 FORT WORTH, TX 76102 � �� ' FOR 390-7761 t ; Invoice Date: 5/26/05 Federal Tax ID 22-3148254 1 `UN Terms: Net due in 21 days Due Date: 5/31/05 Bill To: C-F-FICE OF CITY SECRZTARY PO Number: NO PO CITY OF SOUTHLAKE -" CITY OF SOUTH- Order Number: 25587487 1400 MAIN ST LAKE STE 440 Notice is hereby giv Sales Rep: 073 by the Ci Council the City o Southlake, SOUTHLAKE TX 76092-7604 Texas, that a public hearing will held on June 7, 2005, Description: CITY OF SOUTHLA 6:00 p.m. or immedi- ate)y following the work Session, during Publication Date: 5/26/05 Attn Attn: ACCOUNTS PAYABLE the Regular City Council meeting to be held the Description Council Chin Ci[y ambers of A Depth Linage MU Rate Amount Town Hall. 1400 Main CITY OF SOUTHLAKE Notice is he THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said Coun for the Star -Telegram, published by the Star -Tell that the attached clipping of an advertisement w (817) 390-7320 SUBSCRIBED AND SWORN TO BEFORE ME, Thank You For Your Payment --------------- Remit To: Star -Telegram P.O. Box 901051 FORT WORTH, TX Street, Texas. P public h consider reading lowingg o ORDIN, ng is" to— 1 121 121 LINT: 50.81 S98.01 second the fol- E Net Amount: AND TRACTS 4A1 & 4D SITUATED IN THt W. MART SURVEY, AB- STRACT NO. 1068. BEING APPROXI- iD' CHNSTYLHOLLWD MATELY 1 a.28 �: r 's t MY COMMISSION EXPIRES ACRES, AND MORE FULLY AND COM- i�j• �.���,•`• July31,2M PLETELY DE- SCRIBED IN EXHIBIT 'A FROM "AG" AG- RICULTURAL DIS- TRIr`T T! 1- 1 A 1 ,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 offense. Each dafor y that a violation is permitted to exist shall consti- tute fens e. a separate of - City of Southlake Lori Farwell City Secretary $98.01 sonally appeared Lisa Wesselman, Bid and Legal Coordinator , in Tarrant County, Texas; and who, after being duly sworn, did depose and say named paper on the listed date BIDS 8E LEGAL DEPT. STAR TLEGRAM Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed. CIT57 CITY OF SOUTHLAKE 255874871 $98.01 NO PO J7