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480-459CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO.480-459 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 A PORTION OF TRACT 6K1, SITUATED IN THE J.H. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 7.08 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "SF- 20A" 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 "I-1" Light Industrial District under the City's Comprehensive Zoning Ordinance; and 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, 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 a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 7.08 acres, and more fully and completely described in Exhibit "A" from "I-1" Light Industrial District to "SF-20A" Single Family Residential District, and subject to the following specific conditions: 1. Subject to the Planning & Zoning Commission's recommendations of: a. accepting the applicant's willingness to work with the staff between now and City Council meeting to reconsider his utility, drainage, and roadway placement, making whatever Page 3 adjustments are necessary, including significant readjustment of the road in order to preserve the maximum number of trees; b. accepting the applicant's willingness to put a fence along Crooked Lane that is similar in material and quality to the fencing along the Crooked Lane frontage of the Cambridge Place subdivision; c. and, requiring an entry feature; 2. Subject to the City Council's recommendations at first reading of: a. subject to the recommendations of the Planning and Zoning Commission; b. requiring placement of three (3) trees per yard, 3 to 4 inch caliper with minimum of two (2) in front yard; c. entry feature will be substantially similar to the rendering presented; d. temporary turn around will be permanent in appearance; e. and, applicant has agreed to work with adjacent residents on fence agreement; 3. Requiring the planting of three additional trees per lot of 3"- 4" caliper, understanding if there are already two trees in the front yard of 3"- 4" caliper the three trees can be placed at the homeowner's discretion and making this requirement part of the deed restrictions; 4. Requiring the entry feature to be similar to the rendering presented and requiring approximately 30' from the entry feature on both sides will be a fence that will be similar to the Cambridge Place addition's fencing; 5. Requiring the temporary turn around to appear permanent with either the use of paved stones, that meet City standards, or utilizing the same material the street is constructed of; 6. Requiring the developer to work with the adjacent property owners for a fencing agreement; 7. Subject to the following comments on Concept Plan Review Summary No. 3, dated June 3, 2005: a. Provide a temporary turnaround in compliance with City Fire Department requirements. b. Show the approximate 65 LDN contour line clearly noting the affected lots. 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, Page 4 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 Page 5 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. Page 6 PASSED AND APPROVED on the 1st reading the 21" day of June, 2005. ge�g,rcrurrrrysr �pUT S!/�� oee _ e ° a 6 9 ° e pJ�j ® evJ w eo ,� �`vyr �°O.we eoe qye, rr"rairo A7�P80tlR MAYOR ATTEST: da�"g CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 19tb day of July, 2005. yi gl!q''q ✓pU G Hf s � Q ey„ z. •�e.: rrrrrrmd�1� APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 7' 17' ADOPTED:-Q •/9.051 EFFECTIVE: 6 -22•06 MAYOR ATTEST: Page 7 EXHIBIT "A" Being a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 7.08 acres. BEING of a tract of land situated in the JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, City of Southlake, Tarrant County, Texas, according to the deed recorded in Volume 15668, Page 220, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 112 inch iron rod found in the Westerly line of County Road No. 3009, more commonly known as Crooked Lane (a variable width right-of-way), and formerly known as South Kimball Road, said point being by deed calls, a distance of 1,864.79 feet north and 374.4 feet west of the Southeast corner of said Freeman Survey, THENCE, south 89 degrees 01 minute 23 seconds west (basis of bearings for this description) at 12.00 feet passing the northeast corner of Lot 1, Block 2, of the Revision of Cambridge Place East (being a Revision of Lot 8R, Block 1 Greenlee Business Park, Phase 1) according to the plat thereof recorded in Cabinet A, at Slide 2832, Plat Records, Tarrant County, Texas, and continuing on the same course and with the north line of Lots 1 through 6 in Block 2 of said Cambridge Place East an additional distance of 693.65 feet for a total distance of 705.65 feet (deed: 705.53 feet) to a 112-inch 'iron rod found in the east line of Block 2, Cambridge Place, Phase I Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2873, Plat Records, Tarrant County, Texas,; THENCE, north 00 degrees 07 minutes 29 seconds west (deed- north 00 degrees 20 minutes 40 seconds west) with said east line of Block 2, Cambridge Place, Phase I Addition, a distance of 493.08 feet (deed: 492.86 feet) to a 112 inch capped iron rod found in the south line of a tract of land described in deed to Wayne K. Lee, recorded in Volume 7953, Page 2209, Deed Records, Tarrant County, Texas; THENCE, north 89 degrees 01 minute 23 seconds east with the south line of said Lee tract a distance of 467.36 feet to a point for corner, THENCE, south 00 degrees 58 minute 37 seconds east a distance of 273-02 feet to a point for corner; THENCE, south 56 degrees 25 minutes 18 seconds west a distance of 16.16 feet to a point for corner; THENCE, along a curve to the left with a radius of 150.00 feet a distance of 5.76 feet to a point for a corner; THENCE, along a curve to the left with a radius of 100.00 feet a distance of 45.12 feet to a point for a corner; THENCE, south 89 degrees 58 minutes 46 seconds east a distance of 10.00 feet to a point for Page 8 corner; THENCE, north 00 degrees 58 minutes 37 seconds west a distance of 164.23 feet to a point for corner; THENCE, north 89 degrees 01 minutes 23 seconds east a distance of 192.18 feet to a point for corner; THENCE, south 00 degrees 01 minutes 14 seconds west a distance of 357,17 feet to the PLACE OF BEGINNING. Containing a computed area of 308,405 square feet or 7.08 acres of land. Page 9 -------------- -- ----- 10.14 owl 1 0.10 m IM U J . wo '=, � d 's 8 (D < CL Z F— Z0 a— N LLJ �z 2 < s- R— g 0 IRI I. I I -Is I pq 'tit INN, It iT7 Cyr R11i c ;il i I I Page 10 £XGI I 'B' ... . �� . . . 6co NtOd4 �W .. : .. .�:.y Page 11 INVOICE Draft Only Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 258231991 FORT WORTH, TX 76102 RECEIVED Invoice Date: 7/22/05 (817) 390-7761 Federal Tax ID 22-3148254 2005 Terms: Net due in 21 days AUG - 1 Due Date: 7/31/05 Bill To: �/ PO Number: 40196 IT OfFlC SECREARi Order Number: 25823199 MOF AIN STTHLAKE STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 7/22/05 Attn Alm: VICKI . A/P Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO 13580 1 10 W I.INE S0.81 $83.43 CITY OF _ SOUTHLAKE I MATELY 7.08 1 Net Amount: $83.43 J.n. rn"C_"A" V SURVEY, AB- MINIIVU 1 MA I I Mt PUBLIC INTEREST, STRACT NO. 529, BEING APPROXI- MORALS AND GEN- ERAL WELFARE `ti_:Yfp'•,, :+R 1�6= CHRISTY L. HOLLAND DEMAND THE ZON- ING CHANGES AND MY COMMISSION EXPIRES = AMENDMENTS '�;....•+? July 31,2008 PROHERVIIDING MTHAI gAf `' THE STATE OF TEXAS SHALL BEDI CUMU County of Tarrant LATIVE OF ALL O R D I NA NC E S; PROVIDING A SEV- ERABILITY CLAUSE; Before me, a Notary Public in and for said County and PROVIDING FOR Ailly appeared Lisa Wesselman, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram PENALTY FOR VIO- LATIONS HEREOF; Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was pul PROVIDING A SAV- INLAFoFj1ed paper on the listed aces: BIDS 81 LEGAL DEPT. STAR TLEGRAM (817) 390-7320 PUBLICATIONN THE OFFICIAL NEWSPAPER AND PROVIDING AN EF- q'�k S FECTIVE DATE. SECTION 7. Any person, firm or SUBSCRIBED AND SWORN TO BEFORE ME, THIS a°es°dis°obeys o ' —05. neglects or refuses to comply with or who N resists the enforce- men! of any of the dprovisions of this or- inance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that Thank You For Your Payment a violation is permitted to exist shall rmitte - tute a separate of- fense. _ _ _ _ _ PASSED AND AP- _._. -.... _... _ ...._...-.. ,_._...... _ _...........,,.. — —— ...... — ._._ ,_.. — — PROVED THIS THE 19th DAY OF JULY 2005 DURING THE REGOLAR CITY COUNCIL MEETING. ram Star-Tele Remit To: g MAYOR: Andy Wambsganss ustomer ID: CIT57 ATTEST: Lori Farwell, City SecretaryCustomer . P.O. BOX 901051 Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 258231991 Invoice Amount: $83.43 PO Number: 40196 Amount Enclosed: $ INVOICE Draft gn1y, 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 ACCOUNTS.PAYABLE CITY OF SOUTHLAKE Notice is he THE STATE OF TEXAS County of Tarrant Before me, a Notary Pub for the Star -Telegram, pt that the attached ciippin- (817) 390-7320 SUBSCRIBED AND SW- r, R pq � P � rn)] JUL ? OFFICE OF CITY SECRETARY 13580 11 RM Customer ID: CIT57 Invoice Number: 257502871 Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Date: 116 LINE 7/2/05 Net due in 21 days 7/31 /05 40179 25750287 073 CITY OF SOUTHLA 7/2/05 $0.81 $93.96 Net Amount: $93.96 CHRISTY L HOLLAND MY COMMISSION EXPIRES July 31, 2008 Any person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of thiany his heor- e y pp dthrsonall appeared Lisa Wesselman Bid and Legal Coordinator provisiodprovisionsns of inance shall be fined h, in Tarrant County, Texas; and who, after being duly sworn, did depose and say not more than Two Thousand Dollars, nam d pi er on the listed date . BIDS 8i LEGAL DEPT. STAR TLEGRAM ,$2,000.00) for each" offense. Each day that a violation is permitted to exist shall consti- tute a separate of- fense. C[ty of Southleke Lon Farvrell CitySecnlrveon � 0weanesryuay, fury 0 (,2 Notary Public Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 CITY OF SOUTHLAKE 257502871 $93.96 40179 � I