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480-477 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-477 OfFICIAL RECORD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERT AIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2BIA, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 348, BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" 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 WHEREAS, a change in the zoning classification of said property was requested by a person or Page 1 corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of South lake, 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 ofthe 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 Page 2 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 South lake, 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 ofland were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts ofland 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 Tract 2B1A, situated in the J. Chivers Survey, Abstract No. 348, being approximately 2.00 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of South lake, Texas, to reflect the herein changes in zoning. Page 3 SECTION 3. That in all other respects the use of the tract or tracts ofland 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 ofthis ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts ofland described herein shall be declared to be invalid, Page 4 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 South lake 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 South lake 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 5 PASSED AND APPROVED on the 1st reading the 7th day of February, 2006. ~~ MAYOR ""''''''',, ATTEST: ....\\\ "TH' A"'" ....' QU ~.~', ...," /i c:o ..S...... "I~ ", ... ~. e.", ~ 0 .0. e.; ~ ~ :::..: ~ ~~: J " /J fl ~()17% 5 ~ 11'1. i ~ ~ ~A U ~s.... .... i CITY SECRET AR Y "'" ............ ....~ ", " lill, ** -fr \\\\.. "",...""" PASSED AND APPROVED on the 2nd reading the 21st day of February, 2006. .~-= ~_... ATTEST: ",UHII"" ........'\\OUTHI ~'"" ......' ~ C2) ..o...&~;f-....t\'''' $ 0 ._e- ....'; ~-;.. ~ ff~l *. \~~ r :1-: . . :t"\'\: rk~^- 0- ~ 0\. j~g CITY SECRETARY \. ...... .....O! "".' .0e..0 ,'" '" " II'i ** -fr \\..\ "'1," II II" \' APPROVED AS TO FORM AND LEGALITY: 0eiLJ CITY ATTORNEY DATE: ADOPTED: 2.2iOlt EFFECTIVE: 2.24 . DIt Page 6 EXHIBIT "A" Being Tract 2BIA, situated in the J. Chivers Survey, Abstract No. 348, being approximately 2.00 acres. SEING A TFACT Of LAND OUT OF THE J.L CHIVERS SURVEY, ABSTRACT NO. 348. TARP.ANT COUNTY. rEY.AS. AND BEING THE SAME TRJ>,CT Or LAND AS DESCRIBED tN DEED RECORDED !N VOLUME 4495. PAGE 839. DEED RECORDS, TARRANT COUNTY. TEXAS. AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN SET IN THE NORTH LINE OF E. DOVE ROAD fOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED. SAID POINT BY DEED SEING LOCATED 25.0 FEET NORTH AND 163.0 FEO EAST FROM THE: SOUTHWEST CQRNE:R OF A TRACT OF LAND AS OESCRIBED IN DEED RECORDED IN VOLUME 1687, PAct 249. DEED RECOROS, TARRANT COUNTY. TEXAS. SAID POINT ALSO BEING THE SOUTHEAST CORNER OF A tRACT OF LAND AS DESCRI8ED IN DEED RECORDED IN VOLUME 11739, PAGE 53o.0EED RECORDS. TARR,6,NT COUNTY. TEXAS; THENCE NORTH NORlH 00 DEGREES 09 MINUTES 49 SECONDS EAST (DEED CALL NORTH) 458.50 FEET ALONG THE EAST UNE: Of' SA1D TRACT Of \jI.,ND AS CiESCRl8ED IN DEED RECORDED IN VOLUME 11739. PAGE 535 TO A CAPPED IRON PIN fOUND fOR AN lN$U)E CORNER or SA10 TRACT OF' LAND AS DESCRl8ED IN OEEORECOROEO IN VOLUME 11739, PAGE 535 AND FOR THE NORTHWEST CORNER OF TRACT BErNG DESCR!SED: THENCE EAST 190.00 FEEl ALONG THE SOUTH llNE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDEOIN VOLUME 117.39. PAGE 535 TO A CAPP(O IRON PIN SET IN THE WEST liNE Of lOT 4, alOCK A-R. REPLAT OF HUNMel< ESTATES. AN AoomON TO THE OIlY OF SOUTHLAKE. TARR."NT COUNTY. TEXAS, ACCOROING TO THE PLAT RECORDED IN VOLUME 388-182. PAGE 75, PLAT RECORDS. TARRANT COUNTY, TEXAS: THENCE SOUTH 00 DEGREES 09 MINUTES 49 Se:CONDS WEST (CI(ED CAll SOUTH) 458.50 fEET ALONG THE WEST LINE Of SAID LOT 4, SLOCK A-R. REPlAT OF HUNTW'ICK ESTATES AND ALONG THE: WEST LINE OF A TRACT Of LAND AS DESCRI6€O IN DEED RE.CORDED IN VOLUME 4195. PAGE 161, DEED RECORDS. TARRANT COUNTY, TEXAS TO A CAPPED IRON PfN SET IN THE NORTH UNE OF SA!D E. Dove: ROAD FOR THE SOUTHWEST CORNER Of SAID TRACT Of lAND A$OESCRt8ED IN C'EW RECORDED IN VOLUME 4- t 90. PAGE 161 AND FOR THE SOUTH(AST CORNER OF TRACT BErNG DESCRIBED: THENCE WEST 190.00 AlONG THE NORTH LINE OF SAID E. (JovE: ROM TO THE: POtNT Of BEGfNNING AND CONTAINING 2.00 ACRES OF LAND. MORt: OR lESS Page 7 INVOICE Draft Only. Star-Telegram Customer ID: CIT57 400 W.7TH STREET _ _ 11� Invoice Number: 266644111 FORT WORTH,TX 76102 R ,C ;, V V (817)390-7761 Invoice Date: 2/24/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days MAR - 7 2006 Due Date: 2/28/06 Bill To: PO Number: NO PO CITY OF 1400 MAIN ST SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26664411 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 2/24/06 Description Location Col Depth Linage MU Rate Amount C11Y OF SOU].HLAKE ORDINANCE NO 13>St) 1 103 103 LINE $0.5 I S83.43 CITY OF • INYAPPROX- SOUTHLAKE M,- ORDINANCE NO. pC� - A S83.43 480-477 e Amount:• AN ORDINANCE AMENDING ORDI- SCRIBED IN EXH = NANCE NO. 480 AS "A" FROM "AG" c- AMENDED THE RICULTURAL DiS- COMPREI:iENSIVE TRICT TO "SF-1A" ZONING ORDI- NANCE SINGLE FAMILYp OF THE CITY RESIDENTIAL S- OF SOUTHLAKE TRICT SUBJECTTO RE- TEXAS; GRANTINC4 THE SPECIFIC ZONING CHANGE TAINED IN THIS ON A CERTAIN ORDINANCE COR- TRACT OR TRACTS RECTING THE OF- OF LAND WITHIN FICIAL ZONI G THE CITY OF MAP; PRESERVING SOUTHLAKE TEX- ALL OTHER POR- AS BEING LEGALLY TIONS OF THE DESCRIBED ASAS ZONING ORDI- ATED IN THE SITU-. NANCE; DETER- CHIVERSN SURVEY, MINING THAT THE ABSTJtACT NO.348, MORALS INTEREST, GEN- ERAL WELFARE oi+ ....,,,, CHRISTY L.HOLLAND DEMAND THE ZON- - : ING CHANGES AND =z' AMENDMENTS "i '. MY COMMISSION EXPIRES HEREIN MADE July 31,2008 PROVIDING THAT +i:••�•1' THIS ORDINANCE ��Y�• SHALL BE CUMU- " THE STATE OF TEXAS LATIVE OF ALL ORDINANCES; County of Tarrant PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- Before me,a Notary Public in and for said Cot LATIONS HEREOF; ay personally appeared Usa Wesselman, Bid and Legal Coordinator PROVIDING A SAV- for the Star-Telegram,published by the Star-TE INGS CLAUSE Vorth, ' Tarrant County,Texas;and who,after being duly sworn, did depose and say that the attached clipping o PROVIDINGPUBLICATION FOIN 'as pu lished in the a ove named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM THE OFFICIAL NEWSPAPER; AND I 817 390-7320 PROVIDING AN EF- FECTIVE pers DATE. /Q /_ SECTION 7. /!f/��/�� Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to SUBSCRIBED AND SWORN TO BEFORE ME,THIS comply thewh or who resists enforce- r ment of any of the • cd-leiblAA-C/L provisions this or- dinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense.Each day,that is Thank You For Your Payment a to exist son violation h permitted hall of- fense. a separate to of- fense. PASSED THIS THE 21st DAY OF FEB- RUARY 2006 DUR- ING TIDE REUULAR CCIETING.COUNCIL Remit To: Star-Telegram Wambsgenss And f'ustomer ID: CIT57 ATTTTT TEST: Lary Farwell, P.O. BOX 901051 lustomer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 266644111 Invoice Amount: $83.43 PO Number: NO PO Amount Enclosed: $ INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 265817371 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 2/3/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days FEB 2 0 2006 Due Date: 2/28/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST OFFICE OF CITY SECRETARY Order Number: 26581737 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 2/3/06 D+.c�da1 N R fro i4 - a- P 1i,i i� 4 ,i ' -aaSin 't� c�€� $ 4 4 y CITY OF SOUTHLAKE Notice is he 13580 1 115 115 LINE $0.81 $93.15 CITY OF ACRES. AND MORE SOUTHLAKE FULLY AND COM- Notice is hereby given PLETELY DE- by the City Council of SCRIBED IN EXHIBIT the City of Southlake; A" FROM "AG" AG- Texas, that a public RICULTURAL DIS- Net Amount: $93.15 hearing will be held TRICT TO 'SF-1A" on February 21,2006, SINGLE FAMILY at 6:00 p.m. or im- RESIDENTIAL DIS- mediately following TRICT SUBJECT TO the Work Session, THE SPECIFIC RE- during the Regular QUIREMENTS CON- City Council meeting TAINED IN THIS to be held in the City ORDINANCE; COR- Council Chambers of RECTING THE OF- Town Hall,1400 Main FICIAL ZONING Street, Southlake, MAP; PRESERVING Texas.Purpose of the ALL OTHER POR- public hearing is to TIONS OF THE consider the second ZONING ORDI- reading of the fol- NANCE;. DETER- lowing ordinance: MINING THAT THE ORDINANCE NO. PUBLIC INTEREST, 480-477 MORALS AND GEN- AN ORDINANCE ERAL WELFARE AMENDING ORDI- DEMAND THE ZON- NANCE NO. 480 AS ING CHANGES AND AMENDED, THE AMENDMENTS _--__-______— COMPREHENSIVE HEREIN MADE; r ----- ZONING ORDI- PROVIDING THAT 1 ""v""• OHRISIY L.HOLLAND NANCE OF THE CITY THIS ORDINANCE �l fN '' OF SOUTHLAKE SHALL BE CUMU- IF A4Y COMM15Si0N EXPIRE` TEXAS; GRANTING LATIVE OF ALL '' A ZONING CHANGE ORDINANCES; 1,;., �N Jury 31,MB ON A CERTAIN PROVIDING A SEV- •'%.•••a�' THE STATE OF TEXAS TRACTOR TRACTS ERABILITY CLAUSE; ----- ^""" OF LAND WITHIN PROVIDING FOR A County of Tarrant THE CITY OF PENALTY FOR VIO- SgOgUTHLAKE TEX- LATIONS HEREOF; DESCRIBED�GA AS INGSOVIDIN PROVIDING Before me, a NotaryPu ATEDT IN 1AYHEIT J. PUBLICATION FON day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, pi' ABSTRACT NO Sae; NEWSPAPER FIAND Worth,in Tarrant County,Texas;and who,after being duly sworn, did depose and say that tht MAYFLY APPR000' PROVIDINGTIVE AN EF as blished in the a ove named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGR, iv. SECTION 7. Any person, firm or (817) 390-7320 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- SUBSCRIBED AND SWORN TO BEFORE ME,THI: notes morehathan fined 17, 20 6. • Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted to exist shall consti- tute a separate of- fense. Thank You For Your Payment Loo`x Far�;thlake I City Secretary 1 Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 265817371 Invoice Amount: $93.15 PO Number: NO PO Amount Enclosed: $