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480-599 OFFICIAL RECOR[ CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -599 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 LOT 1, BLOCK 1, CHARLES W. HALFMAN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND TRACT 9D6, J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.657 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "SF -2" 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, Ordinance No. 480 -599 1 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 "SF -1A" Single Family Residential District and "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 Tight 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 Ordinance No. 480 -599 2 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, Ordinance No. 480 -599 3 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 described as Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, an addition to the City of Southlake, Tarrant County, Texas and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, Southlake, Tarrant County, Texas, being approximately 4.657 acres, and more fully and completely described in Exhibit "A" from "SF -1A" Single Family Residential District and "AG" Agricultural District to "SF -2" 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 Revised Concept Plan Review Summary No. 1, dated September 29, 2010. 2. Prior to occupancy of any new residential structure, the existing dwelling unit must be brought into conformance with Zoning Ord. No. 480 as amended. This could be accomplished by converting it to an accessory building that does not meet the definition of a dwelling unit or by obtaining approval of an Special Exception Use permit for a family quarters. Or, the structure could be removed. 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 Ordinance No. 480 -599 4 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 Tight 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. Ordinance No. 480 -599 5 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 Ordinance No. 480 -599 6 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 1 reading the 19th day of October, 2010. _,/, cmice MAYO ATTEST: ,1a e . f W 'i S ^ N j o}A: p CITY SECRE7 e------' " Y 'E- 'yJ e•O AYw Ubb4 ® 40.a 1 9 Ordinance No. 480 -599 7 PASSED AND APPROVED on the 2 "d reading the 2nd day of November, 2010. C ' 4!A ell MAYO - ATTEST: Riau CITY SECRETS m a ..� J y '° r ya ,di i:X, APPROVED AS TO FORM AND LEGALITY: e aa- , CITY ATTORNEY DATE: j 2---7 -(O ADOPTED: )/ - 2 - /O EFFECTIVE: / / 0 Ordinance No. 480 -599 8 EXHIBIT "A" Being described as Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1, Charles W. Halfman Addition, an addition to the City of Southlake, Tarrant County, Texas and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, Southlake, Tarrant County, Texas, being approximately 4.657 acres, and more fully and completely described below: STATE OF TEXAS COUNTY OF TARRANT WHEREAS WE, PATRICK ALLEN AND RANOI WORSITYAI ARE THE SOLE OWNERS OF A TRACT OF LAND SITUATED H THE J.J. FREZHOUR SURVEY, ABSTRACT NO. 521, TARRANT COUNTY, TEXAS, BEING U31 1, BLOCK 1, CHARLES W. HALFMAN ADDITION, AN ADDITION TO THE CRY OF SOUTIR.AKE, TARRANT COUNTY. TEXAS. ACCORDING TO PLAT RECORDED N YOLUME 388.180, PAM 57, DEED RECORDS, TARRANT COUNTY, TEXAS, AND A TRACT OF LAND TOGETHER DESCRIBED RN DEED RECORDED N COUNTY CLERKS N0. 0205098265, DEED RECORDS, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY OESCRIBED AS FOLLOWS: BEGINNING AT AN 'X' FOUND AT THE SOUTHEAST INTERSECTION OF LODESTAR DRIVE AND FLORENCE ROAD FOR THE NORTHDEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF SAND LOT 1. BLOCK 1. CHARLES w. HALFYAN ADDITION; THENCE EAST 226.00 FEET ALONG THE SOUTH LXIE OF FLORENCE ROAD TO NORTHEAST CORNER OF SAO LOT 1, BLOCK 1, CHARLES W. HIAL.FUAN ADDITION; THENCE NORTH 00 DEGREES 25 MINUTES 28 SECONDS EAST 5.00 FEET 10 THE NORTHWEST CORNER OF OF TRACT BEING DESCRIBED; THENCE EAST 61.45 FEET TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 25 MINUTES 28 SECONDS EAST 32.00 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 1, OREWERTON ADDITION, AN ADDITION TO THE CITY OF SOUTIS.AKE, TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED RN CABINET A, SLIDE 169. PLAT RECORDS. TARRANT COUNTY. TEXAS. AND CONTINUING ALONG DE WEST UNE OF SAID LOT 1 BLOCK 1. BREWERTON ADDITION 709.70 FEET IN AU. TO A 3/4" IRON PIN FOUND 11 THE NORTH LINE OF LOT 11, BLOCK 1, HILLSIDE ESTATES, AN ADDITION IN TARRANT COUNTY. TEXAS. ACCORDING TO PLAT RECORDEO IN VOLUME 368 -181, PAGE 6, PLAT RECORDS TARRANT COUNTY. TEXAS. FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED. SAID POINT BENG THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 BREWERTON ADDITION; THENCE WEST 287.45 FEET ALONG INC NORTH UNE OF MO BLOCK 1. HILLSIDE ESTATES TO A B 1 2" IRON PIN FOUND IN THE EAST LINE OF LODESTAR DRIVE FOR THE SOUTHWEST CORNER OF TRACT NG DESCRIBED, SAID POINT BEING THE NORM/EST CORNER OF LOT 9. SAID BLOCK 1, HILLSIDE ESTATES; THENCE NORTH 00 DEGREES 25 IAIHLUTES 28 SECONDS WEST 704.70 FEET ALONG THE EAST LINE OF SW LODESTAR DRIVE TO THE POINT OF DEGINMNG AND CONTAINING 4.657 ACRES OF LAND, MORE OR LESS Ordinance No. 480 -599 9 EXHIBIT "B" CONCEPT PLAN SUBMITTED SEPT. 21 2010 P.R.T.C.r. I f { 1' 01 ATLLRR « r OF SOUTXL.IXR .4... P 'oPJNcir J ID s vn. WM vrcvs-W hr IIOMMT EAST 226.00 r 1 4 tii — — — — VINT OF ' 287.4x = !—RO.= DEDICATION 111.1W? roman a KW. r►c - 111.1W? ACM deco / y 4 0' B.L. _ V r j rl'� 1 z 4 + 1, R cac. s'Ia.Q : r 4 r b ' x ` t c [89 U agora r LOT , mop( OPt y k��s�T 4.&5O ACRES ni G� &� 5tSOX t 4 d P.R.T. ►. ' ? NI rQ� a 9 % 0 O O ) tr . 1.6.e Rag r, +rw �6. 4r as 4 -.raa r er !` 1c rots LY?Zi: L T _ ." - '?!(�Ta E � £ t Ott ' ` " WARI�HALS TQ YEO IF POSSAKE pROSEO PAD SITE EX35T1NG ROCK, STUCCO & fAA.VE ■•• RESIDENCE — IS i ll 111 III SMCO I' au (dl C•E) _ S' ul LS -110. a Sf „.. L 13 Ot�•.Gt s vnlf�G4.t IR KM r WEST 237.45 1.a carrot • 1" sue. � t r (a+wx ;WIN; 1.••1 LOT 9, BLOCX 1 LOT 10, Blob( 1 RAMIE ESTATES WELSIOf ESTATES VOL 388 PQ, 6 VOL. 56E -161. PC. e P.R.T.CS. PR.T.C_ . Ordinance No. 480 -599 10 TREE CONSERVATION PLAN MY MEC 1 1 i L ..... _____. HfY M R?Lt/!t 4 ° --- -- - --� ,- ° - - -- FLORENCE RAAD - - - - azua & n ■ Zi C " w A A aac::ii ,. +60 ' RR i- Fib .y. AY as 3 7 Y YY 3 .SSA .. '� ! I [ SR &Sac 4,. `,.. � ' �: 3. b F3� _ . ' ..I a I A'A E • �` r�� .7-....:,.. Q :lire t-_: " TREE PRESERVATION AREA • � ti iOYr r 13, J�; 1 .6.5 i. AffP.4 {L • - OR.O S..S 4 1 ?.Ili.'T. Lii " tea. ea:1::;;T: • . • _.: L r TREES SAVED IF POSSIBLE r .t W CTMfa 1.4:$ L tai: 00.'[ 4 rdri 11 Ordinance No. 480 -599 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 312657621 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 10/15/2010 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 10/31/2010 Bill To: PO Number: 21100072 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 31265762 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA CITY OF SOUTHLAKE (ABLE Publication Date: 10/15/2010 Notice is hereby given by the City Council of the City of Southla Texas, that a public hearing will be .,.. )C,oCa keif6n CoI Depth Linage Rat , Amount" : 1 MU ; ,; �... ' held on November 2, 2010, at 5:30 CITY Work Session, durior ng the Regular he I3580 1 66 66 LINE $0.81 $53.46 City Council meeting to be held in the City Council Chambers of Town MISc Hall, 1400 Main Street, Southlake, $59.40 Texas. Purpose of the public hearing is to consider the second reading of the following ordinance: ORDINANCE NO. 480-599 AN ORDINANCE AMENDING ORDI- NANCETHE COMPREHENSIVE ZONING Net Amount: $112.86 ORDINANCE OF THE CITY OF Nov_ Olio SOUTHLAKE, TEXAS; GRANTING A 1 ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND TEITHIN XAS THECITY OFSOUTHLAKE, LADE- \``11L 111�I/0, SCRIBED AS LOT 1, BLOCK 1, ° N%%` C i CHARLES W. HALFMAN ADDITION,}l 1 `' + 1 ;' Q AN ADDITION TO THE CITY OF 4 ' `Z:' �Q �B•'• i SOUTHLAKE, TARRANT COUNTY, A V zC, TEXAS .AND TRACT 9D6, J.J. S FRESHOUR SURVEY, ABSTRACT 2 ; NO. 521, SOUTHLAKE, TARRANT of COUNTY, TEXAS, BEING AP- PROXIMATELY 4.657 ACRES, AND 9 OFyP•,' MORE FULLY AND COMPLETELY i ,•'• FkpIRES.•' DESCRIBED IN EXHIBIT "A" FROM RESI- DENTIAL LTUDISRAL DII DISTRICT AND TTO'' " �/f1,13111111%?`\```` TF 2" SINGLE FAMILY RESIDENTIAL CC DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN AT- TACHED HERETO AND Be RATED HEREIN AS EXHIBIORB", )r said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the SUBJECT TO THE SPECIFIC RE- Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE 'rti the sement was publis in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (g OFFICIAL ZONING MAP PRE- ` SERVING ALL OTHER PORTIONS `, \ OF THE ZONING. ORDINANCE; . DETERMINING THAT THE PUBLIC Signed G INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE SL ZONING CHANGES AND AMEND- =FORE ME, THIS Friday, Oc be 010. MEATS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- PAPER, Tha F CTIVE DATE.ROVIDING AN EF Jment City of Southlake m_ Lori Payne —._..—.._. — ._...-.... _._ — _._ _..._.-.._- ._..._..— ._.._. —. _ _ .-._..._.. — — _.. — __..._....._..— _. — — City Secretary Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 312657621 Invoice Amount: $112.86 PO Number: 21100072 Amount Enclosed: $