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480-600
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480 -600 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 2B2A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068 SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.058 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 Ordinance No. 480 -600 Page 1 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 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 Ordinance No. 480 -600 Page 2 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 Tight 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 described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 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) Granting the variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street with the following conditions; Ordinance No. 480 -600 Page 3 a. the applicant acknowledges that the city will not be constructing and maintaining a public roadway to the site and that whatever access the owner has they will have on the private drive or roadway as it currently exists without maintenance and support from the city; b. the required eight -inch water line to the northern property line on Our Lane will be installed by the builder prior to issuance of a building permit. 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. Ordinance No. 480 -600 Page 4 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. Ordinance No. 480 -600 Page 5 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 1 reading the 19th day of October, 2010. 46 MAYO - ATTEST: ?, CITY SECRETA PASSED AND APPROVED on the 2 reading the 2nd day of November, 2010. Ordinance No. 480 -600 Page 6 da MAYOR ATTEST: (i0./ CITY SECRETA APPROVED AS TO FORM AND LEGALITY: ( Gee. _.)/ • CITY ATTORNEY ,) DATE: 12-1-1 ADOPTED: II 2- ID EFFECTIVE: I1.5 - I0 Ordinance No. 480 -600 Page 7 EXHIBIT "A" Being described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely described below: Description OF 1.058 ACRE TRACT OF LAND WHEREAS Kathleen E. Spencer Is the owner of that certain called TRACT 2B2A (1.058 Acres) situated In the Wfiliam Martin Survey, Abstract No. 1068, Tarrant County, Texas and being a part of that certain coped 1.40 acre tract of land described In Deed from Dean Babbitt and wife, Arlefta B©bbltf to Charles G, Spencer and wife, Kathleen E. Spencer recorded in Volume 525 ?, Page 712 of the Deed Records of Tarrant County. Texas said 1.058 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a 1' Iron rod found far corner in Our Lane (60 foot wide pub& road easement) at the Northeast of the above referenced 1.40 acre tract of land that bears North 8834`02" East = 1441.71 and North 00'30'16" West - 343.71 from the Southwest corner of the above referenced William H. Martin Survey; THENCE South 00'30'16" East with said road, the East line of said 1.40 acre tract a distance of 20.03 feel to a 1/2" Iran rod with plastic cap marked "JS COLE 5411" set for comer al Northeast corner of the herein described 1.058 acre tract of land, same being the most Easterly Southeast comer of that certain called 0.0631 acre tract of land described in deed form Roger L Pratt, el ux to Bruce C. Breisch. et ux and recorded in Volume 7838, Page 7821 of said Deed Records and also being in the West line of that certain called 1.366 acre tract of land described in Deed from Leroy E. Norton and Marcia Thorne to Kelly Leigh GUI and recorded by County Clerks File No. 0208020201 of sold Deed Records, and being at the POINT OF BEGINNING; THENCE South 00'30'18" East with said road, the East line of said 1.40 acre tract and the West line of said 1.366 acre tract a distance of a distance of 161.22 feet to a 1/2" Iron rod with plastic cap marked "J5 COLE 5411" set for corner at the Southeast corner of said 1.40 acre tract. same being the Northeast corner of that certain called 0.83 acre tract of land described in Deed from Earnest Vann, et ux to Berwyn Henderson, et ux and recorded in Volume 9561, Page 789 of said Deed Records; THENCE South 88'34'02" West with the South line of said 1 acre tract and the North line of said 0.83 acre tract a distance of 334.18 feet to a 1/2" iron rod with ptastic cap marked 'J5 COLE 5411" set for corner at the Southwest corner of said 1.40 acre tract, some being the Southeast comer of that certain called 1.93 acre tract of land described in Deed from Anthony G. Peters, Jr., el ux to William Rufus Webb, Jr., et ux and recorded In Volume 5522, Page 675 of said Deed Records and being in the North line of that certain called 2.50 acre tract of land described in Deed from Raymond F. Lund. et ux to James 0. Vann, et ux and recorded in Volume 6002. Page 373 of said Deed Records; MICE North 00'26'46" West with the West line of .said 1.40 acre tract and the East line of said 1.93 acre tract a distance of 91.95 feet to o 1/2" Iran rad with plastic cap marked ".15 COLE 5411" set for comer at the Southwest corner of that certain called 0.2712 acres Roger L Pratt, et ux to Bruce C. Breisch,. et ux and recorded in Volume 7166, Page 1228 of said Deed Records; REECE North 88'41'14" East across said 1.40 acre tract and with the South line of said 0.2712 acre tract a distance of 100.00 feet to a 1/2" Iran tad with plastic cap marked "JS COLE 5411" set for corner at the Most Southerly Southeast corner of said 0,2712 acre tract; THENCE North 00'26'46" West with the East line of said 0.2712 acre tract a distance of 43.00 feet to a 1/2" iron rod with plastic cap marked "JS COLE 5411" set for corner in said fast fine and being at the Southwest corner of the above referenced 0.0631 acre tract; THENCE North 66'1136" East with the South iioe of said 0.0531 acre tract a distance of 70.49 feet to a 1/2" iron rod found for corner in said South line; THENCE North 88'41'14" East continuing with said South line a distance of 169.29 feet back to the POINT OF BEGINNING and CONTAINING: 46,103 square feet or 1.058 acres of land, more or less of which 4,837 square feet or 0.111 acre of land 11e within said public road easement. 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Norton �o Marcia Thome la ill ' I I Josh Lou Shelley Gerald Pruitt, et at W 1 I Volume 11812, Page I313 Kelly Leigh 0111 Volume 10961• Page 611 Li Ct R. P.R. I.C. T. [CI 0108020101 J 'I I O.R.T.C.T. 1-.. Q 'I OUR L A N L ~ ,1 ■ T sr S ! 4 CO 1` ;I y � a ! _ a m C y 'I C° C W; D Y a a_ c !!.:: . 1 em �� ! $ Fp aI N ,1 • a E I I - QD a e re c I 1 � .ietipa o: o O. - 1 I D I ' I + � m one � . I. \a P fY° ° E � �� _ _ ,, ' Ft § 1 V `' — Th.•!. 11 4 a ir _ A n a 8� a - m nz 1 , h • Ig 8 a F C I °y 9 ; I 1N� a e1 : 'I i¢ 2� I Ni «dF E x it' 62 c =e �I % Da a catl — I 1 of EE O I$ 1 1 I .;;;:l .o • a M00 s.roee. 1 ¢° >° U 1 o e, � Z It } D e — a °e 7 ti o ai I - °° ''''' ki NOrletrw st.ssii' i > 2 1 ..1 v nc a AG Zoning y m g Lz . ' C 3R called /.9J o xg[ II f l u ° Anthony G. Pelee c Jr., ex eX e b G A $ 'I I 6) ! I ' I William Rulus We6b, Jr., el us �$�°.°�.L 'I I I Volume 5522, Page 675 I O.R. T.G. r.. 1 'I ■ 1 Ordinance No. 480 -600 Page 10 INVOICE 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: Attn: ACCOUNTS PAYABLE Customer ID: CIT57 Invoice Number: 312657611 Invoice Date: 10/15/2010 Terms: Net due in 21 days Due Date: 10/31/2010 PO Number: 21100072 Order Number: 31265761 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 10/15/2010 CITY OF SOUTHLAKE DCS Notice is hereby given by the City Location Col" i Depth :Linage MU Raie, AmiOunt" Council of the City of Southlake, Texas, that a public hearing will be CITY held on November 2, 2010, at 5:30 e 13580 1 60 60 LINE $0.81 $48.60 p.m. or immediately following the Work Session, during the Regular Misc F: City Council meeting to be held in the City Council Chambers of Town $54.00 Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordinance: , ° • :. t., } '- ORDINANCE NO. '480-600 AWORDINANCE AMENDING ORDI- Net Amount: $102.60 NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF NOV - 4 2010 SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN ,�11i11111111///// TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, `\\\\ 1_. L I 10///!` i/' _ �\ 't�. TEXAS BEING LEGALLY DE- SCRIBED AS TRACT 2132A, WILL- / r, • • • • , 7 t`Y ��Q �� F1Y PU •'•• Y,/'�i IAM H. MARTIN SURVEY, AB- t STRACT NO. 1068 SOUTHLAKE; TARRANT COUNTY, TEXAS, BEING ACRES, 1 : APPROXIMATELY 1.058 AND MORE FULLY AND COM- 7C „• PLETELY DESCRIBED IN EXHIBIT 9jF "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE i OF i •••• PIREo'.•' FAMILY ICTEDPONN ELATTAAPPROVED THE CONCEPTAS ED HERETO AND INCORPORATED COur HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; Befc CORRECTING THE OFFICIAL ZON- said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the ING MAP; PRESERVING ALL OTHER R- : ar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say PORTIONS OF THE ZONING OR- that DINANCE; DETERMINING THAT Bement was publis in the above named paper on the listed dates: BIDS 8, LEGAL DEPT. STAR TELEGRAM (817 THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; Signed PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE SUB OF ALL ORDINANCES; PROVIDING ORE ME, THIS Friday, Octob 15, 01 A SEVERABILITY CLAUSE; PRO- VIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING Notary Public A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVID- ING AN EFFECTIVE DATE. City of Southlake Lori Payne City Secretary ThanK r ou ror r our rayment ----------------------------------------------- Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 312657611 Invoice Amount: $102.60 PO Number: 21100072 Amount Enclosed: $