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480-485 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-485 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 CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 3K, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 2.50 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 South lake, 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 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 South lake, 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 South lake, 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 ofthe 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 3K, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.50 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 ofthe City of Southlake, 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 South lake, 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 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 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 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 ofthis 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 5 PASSED AND APPROVED on the 1st reading the 4th day of April, 2006. -~~ M YOR - ATTEST: JQ!,~: (l ~ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 18th day of April, 2006. ---- .. ~t-~ ATTEST: C~/!;A~ APPROVED AS TO FORM AND LEGALITY: CITY ATTORNE DATE: ADOPTED: 4. /,q 0& EFFECTIVE: L/ 2/Ll.t ~ ",,,'"',,,,, ","'ou TH'-1""" ...,...~~ s ........ ~..(\. ", ....... ~ &8 .. ,... , ~ 0 ... ... ~ .A \ ~,. * .....- -;"11 8",.. :1-0 :~- =-: . : -t.). 0 - ;. ~. :",: ":.~.., O,:~ ~ ~ lfG"e ",_I) ~ "", -.088..11 ,'It! ...", ,'" -"'" **.. ,\\\\ III'UIlII"\ --:::> "'"'''''''' '\\\"OUTHI ~"'" ....'fi <:,: .......~'f-~'" ,:."O~ ..- ... '\,... ~ ~... . ..: ...-\ -; ::)... * .....- _ L_ . e \" .. _r-. ' .~: --. . - :t.). · - -;. \ ;CIJ~ ... ~ ..: -:, 13. iJ~': ~... dOUQUeeeOflt!le ,$" ,(/ " 1111 *** ,,\' J I I" II ,"1 "" Page 6 EXHIBIT "A" Being Tract 3K, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.50 acres. s~.s. n:: or :rw.s CCuhTr Of rl!oIt~'11 \itHfR€..AS, To{/O' Tracy 000' Amr.7tldo rt:;:l:::y. 1:> 111<:!: .$~re ~wner Dr o tree! Of rond slluetted #'l O'le H Ct-t:.h'1b4!ny Su~'y, J.bsfr1id No. ~.6t Owtlt\r:;hfp OS sJ'1Cllll"l Ol'l the cl$lId rttc.<ltrCtj,,:j l,Ind~r PeeumE'nt No.. ii2060J2ql, D<:il:dRe:w:Js, r~fal'lt C('ll;.l('lly, TeJ<q:!l. end cl!!ir'9 "r.orc pc;r~ir;;qr,,(ry t:!!$Cfibed t>:; met~s ::ltl~ pO\Jflds ~s f:Alalllsr Being a tn1=f of !3fld :;tt""tcrj In fhe Hlrttm {;r(;:ll)f>erry 5tJrve.y' Absfroct No.. ~1. In t/}t! CJtyof 5ovfhIolte. Tcrron{ Ctriln(.v. 7e1(~'5. Qt',d oeiJ'19 oN 1M! Cerf~ir: !r~ct c( lond "esr:llb!d in 0 de:ri lC 11.1'.:....1:; Rft:/l(ff>ft$(;;n, rcr:;"rd~c; Art VOIvme 120l5, Pag<'! g 70, Clue Re:;r;rd's, r:ln~l'lt CCtmty. 15'-XO$, ( DitTer ), oftd being mOlt partiCJ..tlctrly described by metes a,'ld O:)ullc.l$ ::IS feJlpw:;; 8e9/:ll'll"g eta 1/2 !neh Iron rof;! fot/nd Il'1 !hill' I'tJ:;lhf'IY Ill'll! of Wi1iItl f;hQp'" gevlcvora; soid point 1.>='1)9 t"~ Norlfleo$t CNnlY of .soici R;:;;harc:soo tro~t 000' the SouUleQ$! e"m~r at S/(oUad PorK. 01> AddltiDn tr:r:otdcd t'J Ccbm:-I A. 51(:1e 9J.:J4. ?f<:l( Re::.ods. iorrQ1'1! Ce!,)rrfy,. ,/,p;rol>, (PIner );, Tn =I'l':::= S""JJ In 49deg,aO m/('i, 24 set;, Wes!, olong j"~ ~~:; ten'y Un!! of said I\htIte Chope! 8DufeYOtd. D:fiat.!mCl: of 8-5.5'7 feel Ie ;l 1/2 incn Iron rod ICl)(1(j (Of ~om;:;f. ( O~ca C(rJl: SOJJtr.sf de~, 1" mfn .r;, SIte. Worlst 8S,4f) f<,ct); iflemee Sc-v(.hJJ (l't!g' 15 tl11f1, fa S<lC Wast, l:"onfin"i<?g;;>)l;lf;!i' (Ii<=- Nesterly II.'}!! ot ~QJd White CnapeJ8LlI:t1cllor'./. D aJstO!'lCe ;If T.llSJ feet to (; 1/2 Incn IrM rt::>d fovnd tDr C'~rrll!r. soid PQ.n~ O~J'1g ~(je 5auth!l"stcorn~ of sok:! Riehatd:SM ttoct. (').,.~ !"~ Nwrr,east C'oms( of Lo;l! .!. H Gror.."~f ,NP. S81 A~dJtkJtl, ree::>tded In CcM!'tt'f Ii, SJirit '576. PRTCT, ( De:::ri Colt; S';;VOl JS (jet;. ,4'!3>mir;, 57 s;cc, W~st. rJ.c.JO 1$#t ); Tt.em:e N~,dh BB ce9. 43 mir:. fa $>1'<:, WIl$t.:)jr:mq. tfH~ ::-omtr',or, Un!!! befween soid Rldlords:.n tree! on::f solo L:;t J. a di$tdn::e at :,7(L24 feel 117 0 1/2 II1-(;11 lrem rod fOund {OI com.$r, !J;oJd polM being the S~",tl'<v..t$t C(1m~ of $010 Richo{t!SOfI tract. t.~,!!! Northwest =Ofnl:( of $oafd Lor .3, ai'l'd tltingln Ulf? E!:Ist fin!!! of u tHief of lonel' d'l':::::r!tn#d rn (l deed 10 fUdI,mJA. ReuW'''ger or.':I r,#s, 11'1'(0$0 A. Rcwtifr"l9~(, recorded 111 V~h.tme67B5, Pog= S07. DRreT. ( Deed Call, hle.rth 86 ar:g, JI rnm. 20:.1':';;' West, S 70,,('f fe~ t ), rhe~ee North 00 ce~L 24 mir" .35 s~c. East. oiQrlg t"e CiilmmOt', (,'I'le' Dtl!",eer, sejd RJcf1crds~n and soid Rt:'..I!lingcr ttd'd, a d'.$tOl'lce of 174.05 fed to (I 1,/2 mi:;n iron {lid (Qvnd. sord ~dlr"1t beIng t/1e Notthw:st C(imet Qf $0.11 R,icJ1rm:fsontrcct. Gnd the S~Hlthwczt corn~ of ;!lOra Stt()!fctrd Pork, ( O~eo C>!lJI~ North 02 de:;J, 315 min. :J:S see t: t:tltt, 174,05 Fe!!! ); ThetJliC South 509 de'} ~9 tn.n sa $co::::' cO$I. 01"'-'9 thlt :QmmOfl I.nt: tlerwc<ll'I'J $oJd RJchclt:t$Cn !roel cr,d s.tlkr 5trotfart Par~ {l dfsloo;;c of 707.'0 fe~f fi:l t/':e Poii'll of BegInning, ( Deed Ca1'l; SC"At"I 86 d~, HI mitt. 00 see, fast. 707.:30 feet ), l'jl"Jd eOi"ltcirl.it.9 1,498 Qcr~:!i of IC(1d, morc :Jt Fll's::o Page 7 INVOICE Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 269035101 FORT WORTH,TX 76102 RECEIVED (817)390-7761 Invoice Date: 4/21/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days hA AY - 8 2006 Due Date: 4/30/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26903510 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA I PAYABLE Publication Date: 4/21/06 Attn Attn:ACCOUN" Description Location 'Ini t t , , t CITY OF SOUTHLAKE ORDINANCE NO S CV-T-1 OFKE 1 102 102 LINE $0.81 $82.62 ORDINANCE NO. 480-485 AN ORDINANCE AMENDING ORDI- AMEND NO. 480,rHE COMPREHENSIVE Net Amount: $82.62 ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 3K, SITUAT- GRANBERRY IN ESUR- VEY, ABSTRACT NO. 581 BEING APPROXIMATELY 2.50 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AG- RICULTURAL DIS- TRICT TO 'SF-1A" •,:pv j••.,, SINGLE FAMILY St"' CHRISTY L.HOLLAND RETRSIDENTIAL DIS- *? MY COMMISSION EXPIRES DIS- TRICT,SUBJECT TO 7 THE SPECIFIC RE- �= July 31,2006 i QUIREMENTS CON- '%,;'•••'1` 1 THE STATE OF TEXAS TAINED IN THIS ORDINANCE; COR- County of Tarrant RE CIA ING THE OF- ING MAP; PRESERVING ALL OTHER POR- Before me, a Notary Public in and for said TIONS OF THE is day personally appeared Lisa Wesselman, Bid and Legal Coordinator ZONING ORDI- for the Star-Telegram,published by the Ste NANCE; DETER- trt Worth, in Tarrant Co nty,Texas;and who, after being duly sworn,did depose and saythat the attached cli MINING THAT THE p ppi PUBLIC INTEREST, it a ublished in th bove named paper on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM ERALALS WELFARE (817) 390-7320 DEMAND THE ZON- ING CHANGES AND k AMENDMENTSH PROVIDING MADE; THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL SUBSCRIBED AND SWORN TO BEFORE ME, RDIINANAES 2oDI PR CLAUSE;PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE 7 V V PROVIDING FOR You For Your Payment THELICATIOQFFICI L NEWIN PROVIDINGRANAEF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who Remit To: Star-Telegram resists the enforce- Customer ID: CIT57 ment ,of any of the P.O. BOX 901051 provisions shall this Customer Name: CITY OF SOUTHLAKE not more than Two Thousand Dollars FORT WORTH, TX ($.000.00) for each Invoice Number: 269035101 offense.Each day that a violation is permitted $82 62 to exist shall consti- Invoice Amount: lute a separate of- fense. PASSED AND AP- PO Number: NO PO PROVED THIS THE 18TH DAY OF PRIL __.__.,.. 2006 DURING THE Amount $ REGULAR CITY Enclosed: COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Farwell, City Secretary INVOICE Afton Star-Telegram Customer ID: CIT57 400 W.7TH STREET _ r Invoice Number: 268161261 FORT WORTH,TX 76102 RtCE1!/tiD (817)390-7761 Invoice Date: 3/31/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days APR 1 8 2006 Due Date: 3/31/06 Bill To: PO Number: NO PO CITY OF 1400 MAIN STSOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26816126 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 3/31/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 1 115 115 LINE $0.81 $93.15 ITY OF 2.50 ACRES, AND MORE FULLY AN Notice Is hem given COMPLETELY D - C�y CCouncil of SCRIBED NAGHIB the C ty of Southlake,. Net Amount: $93.15 Texas, that a public RICULTURAL Die; will be held SINIGLETO FAMILY on April 18, 2006, at RESIDENTIAL DIS- 6:00 p.m. orini- TRICT SUBJECT TO ately following g the THE SPECIFIC RE- Work Session,during QUIREMENTS CON- the Regular City TAINED IN THIS i Council meeting to be ORDINANCE; COR- held n the City RECTING THE OF- Council Chambers of FICIAL ZONING Town Hall,1400 Main MAP; PRESERVING Street, Southlake, ALL OTHER POR- Texas.Purpose of the TIONS OF THE public hearing is to ZONING ORDI- consider the second NANCE; DETER- readng of the fol- MINING THAT THE lowing ordinance:ORDINANCE NO. PUBLIC INTEREST, MORALS AND GEN- 48 5 ERAL WELFARE AN ORRDDINANCE DEMAND THE ZON- AMENDING ORDI-,_AS ING CHANGES AND NANCE AMENDEO.480 AS AMENDMENTS AMENDED, rHE COMPREHENSIVE HEREIN MTHAf **mom. - • ZONING ORDI-TY THIS ORDINANCE ,avrrz• NANCE OF THE CITY . TEXAS; GURANTINEd LATIVE B OFCUMALL CH111STY L.HOLLAND , A ZONING CHANGE OR D I N ANC E S; . ... :j MY COMMISSION EXPIRES ' THE STATE OF TEXAS TRACT OR TRACTS ERAOBILDIITNG Y CLAUSE; it��v' July 31,200E PROVIDING FOR A > • County of Tarrant OF LAND WITHIN PENALTY FOR VIO- ` '— THE CITY OF SOUTHLAKE TEX- CATIONS HEREOF; AS BEING LEGALLY PROVIDING A SAV- Before me, a Notary TTRRACTRI3K SITUAT: PROVIDING CLAUSE' day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star Telegran ED IN THE H. PUBLICATION IN ort Worth, in Tarrant County,Texas;and who, after being duly sworn, did CRANBERRY SUR-I THE OFFICIAL- depose and say tha VEY, ABSTRACT' NEWSPAPER; PROVIDING RANAE-?nt w� ublished in the dove named paper on the listed dates: BIDS& NO. ROXIMATELY FECTIVE DATE. p p p D LEGAL DEPT. STAR TLI 4.FP.. SECTION 7. (817) 390-7320 Any person, firm or corporation who vio- lates,disobeys,omits, I r ^ neglects or refuses to ,`J comply with or who resists the enforce 40 - ment of any of the provisions of this or- SUBSCRIBED AND SWORN TO BEFORE ME, dinance shall be fined not more than Two l. 2�6 TSt4L sand Dollars ^� asti- tute a separate of- Thank You For Your Payment fens.. Lo Fervvellthlake 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: 268161261 Invoice Amount: $93.15 PO Number: NO PO Amount Enclosed: $