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480-498 CITY OF SOUTHLAKE, TEXAS OFfICIAL RECORD ORDINANCE NO. 480-498 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 TRACTS 2C, 2C5, AND 2C6, SITUATED IN THE WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 2.51 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" 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 SoutWake, 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 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 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 ofSoutWake, 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 ofSoutWake, 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 ofSoutWake, 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 SoutWake, 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 Tracts 2C, 2C5, and 2C6, situated in the William H. Martin Survey, Abstract No.1 068, being approximately 2.51 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 further subject to the following conditions: 1. allowing the requested variance. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City ofSouthlake, Texas, to reflect the herein changes in zoning. 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 ofthe zoning affecting any portion of the tract or tracts ofland 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 ofthe 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 ofthe 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. PASSED AND APPROVED on the 1st reading the 18th day of July, 2006. /\~ ~ "5 MAYOR ATTEST: ."""n,,,,, ".....OUTHl...</"", " c:,: 0....0. -~^ ", /<5..... ....;: .. ~ Po. .... \'t (lA ~ = )... ofl'?l ". ~ ~ :. ... ;,... ~ ,;<; ~ _-. ~ 9;]>- \ () \. . ./ (/) !CITY SECRETARY ":--" .e"......oo... ,~ '" *" ,," PASSED AND APPROVED'_,&\~ft'd reading the 1st day of August, 2006. ~-- MAYOR ~-=:. ,,\\," """" ATTEST' ".." OUTH( "'" . ....,'/~ S c,e.ftI'"l8flft A1tf"'''^'~ ,.... x .f!' "'0,.... ~ ~ 03f{Jfl .<It,," ,,~ ::)..: ~ 'i......': : f-: ..,.r? : \:.;:!vou ~ - - .. ....t\ €I {."" - , - (.) . v~ . l> - ~ ~.' ;&,S ~ __ G .... ~......, ...........e..... ....fITY SECRET AR Y "'" *"** """ I"" "" II" "" q'L{/D7 tt3.....I.....O~ ~.....L( -0 (0 DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Being Tracts 2C, 2C5, and 2C6, situated in the William H. Martin Survey, Abstract No. 1068, being approximately 2.51 acres. LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM MARTIN SURVEY. ABSTRACT NUMBER 1068. TARRANT COUNIY, TEXAS, AND BEING ALL OF THAT CERTAIN TRACT I DESCRIB!:O IN Ol:ED TO LARRY G. COKER. RECORDED IN VOLUME 1:W10. PAGE 457. DEED RECORDS. TARRANT COUNTY, TEXAS. BEING AlL OF THAT CERTAIN TRACT II DESCRIBED IN DEED TO LARRY G. COKER. RECORDED IN VOLUME 1:W10, PAGE 457. DEED RECORDS. TARRANT COUNIY. TEXAS, BEING ALL OF Tl-'AT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO LARRY G. COKER, RECORDED IN VOLUME 13019. pAGE 460 DEED RECORDS, TARRANT COUNTY. TEXAS. BEING MORE PAATICUlARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A 11r REBAR FOlJNO AT THE NORTHWE$T CORNER OF SAID TRACT I WHICH BY DEED CALL BEARS NORTH 68 DEGREES 63 MINUTES EAST A DISTANCE OF 843.0 FEET. NORTH A DISTANCE 365.0 FEET. AND NORTH 00 DEGREES 04 MINUTES WEST 360.2 FEET FROM THE SOUTHWEST CORNER OF SAID WILLIAM MARTIN SURVEY AS DESCRIBED IN SAID VOLUME 130111. PAGE 457: THENCE AlONG THE NORTH LINES OF SAID TRACT I. TRACT II AND SAID TRACT OF LAND DESCRIBED IN A DEED TO LARRY G. COKER. RECORDED IN VOLUME 1301D, PAGE 450. NORTH 80 DEGREES 26 MI~TES 00 SECONDS EAST A DISTANCE OF 600.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT OF lAND DESCRIBED IN A DEED TO LARRY G. COKER. RECORDED IN VOLUME 13019. PAGE 400 FROM WHICH A 5/0" REBAR FOlJNO BEARS SOUTH 01 DEGREES 07 MINUTES 10 SECONDS EAST A DISTANCE OF 0.69 FEET; THENCE ALONG THE EAST LINE OF SAID TRACT OF LAN:> DESCRIBED IN A DEED TO LARRY G. COKER. RECORDED IN VOLUME 13019. PAGE Mill, SOUTH 01 DEGREES 07 MINUTES 10 SECONDS EAST A DISTANCE OF 16370 FEET TO A 112" REBAR FOUND AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND DESCRIBED IN A DEED TO LARRY G. COKER. RECORDED IN VOLUME 1301D. PAGE 459; THENCE AlONG THE SOUTH LINES OF SAID TRACT I, TFACT II AND SAID TRACT OF LAND DESCRIBED IN A DEED TO LARRY G. COKER. RECORDED IN VOLUME 13019, PAGE 0460, SOUTH 89 DEGREES 15 MINliTES 29 SECONDS WEST A DISTANCE OF 594 15 FEET TOA 112' REBAR FOUND AT THE SOUTHWEST CORNER OF SAID TRACT I; THENCE AlONG THE WEST LINE OF SAID TRACT I. 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Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 272452171 FORT WORTH,TX 76102 (817)390 776t Invoice Date: 7/15/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/06 Bill To: - CITY OF PO Number: NO PO SOUTHLAKE CITY OF SOUTHLAKE Notice is hereby given 1400 MAIN ST by the City Couflcil of Order Number: 27245217 the City of Southlake, Texas, that a public 2 STE 440 hearing will be held Sales Rep: 073 on August 1,2006,at 5:00 p.m. or immedi- SOUTHLAKE, TX 76092-7604 work Session;gduring Description: CITY OF SOUTHLA the Regular City Council meeting to be Attn Attn: ACCOUNTS PAYABLI: held in the City Publication Date: 7/15/06 Councilu Chambers of Town Hall,1400 Main Street, Southlake,fthe Linage MU Rate Amount [-Description Location Texas.Purpose of the public hearing is to consider the second reading of the fol- CITY OF SOUTHLAKE Notice is he I3580 lowing NO.ordinance: 123 LINE $0.81 $99.63 ORDINANCE 480-498 AN ORDINANCE AMENDING INO. 480RAS COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY RECEIVED OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS JULOF LAND WITHIN UL 2 2006 THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACTS 2C 2C5 AND 2C6,SITUATED OFFICE OF CT IMARTIN N THE WILLIAM H.SECRETARY A S R BEINGRVNO. 1AP- PROXIMATELY 2.51 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS- TRICT (9 IETO AMIL' ! ,+�� '�°'Ix;•; CHRISTY L.HOLLAND RESIDENTIAL DIS- f :+; }. MY COMMISSION EXPIRES TRACT AS DEPICT- i ED dN THE AP- . :Of July 31,2008 THE STATE OF TEXAS PROVED CONCEPT %•f,,qg„.' PLAN ATTACHED County of Tarrant HERETO AND IN- CORPORATED EREIN AS EXHIBIT "B" SUBJECT TO Before me, a Notary Public in and for said County and StatE THE SPECIFIC RE- ape-ared Lisa Wesselman, Bid and Legal Coordinator QUIREMENTS CON- for the Star-Telegram,published by the Star-Telegram, Inc.C TAINED IN THIS it I• nty,Texas;an• ho,after being duly sworn, did depose and saythat the attached clippingORDINANCE COp of an advertise) REC,TING THEZZ OF- 1 t - above named ••per on the listed dates: BIDS& LEGAL DEPT. STAR TLEGRAM MAP LPRESERVING r (817) 390-7320 TIONS T OF PTQHE ZONING ORDI- I ' MIINING THATE THE J .I Signed PUBLIC INTEREST, IL MORALS AND GEN- w ERAL WELFARE SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, DEMAND G ESZAND Y July 4° .....,./ AMENDMENTS HEREIN MADE; Notary Public THIS ORDIN•ANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; Thank You For Your Payment PROVIDING A US ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL Star-Telegram NEWSPAPER AND Remit To: - FERCOTIVENDATE EF D: CIT57 SECTION 7. P.O. BOX 901051 I c0 corporation firm vio- dame: CITY OF SOUTHLAKE lates,disobeys,omits, FORT WORTH, TX 76101-2051 ' comps ith fog Who nber: 272452171 resists the enforce- • ment of any of the provisions of this or- fount: $99.63 durance shall be fined not more than Two Thousand Dollars -• NO PO offense.Each day each t • to hal violation is pennitted toclosed: $ exist WWI co„sti_ onaN- tute a separate of- fense. City of Southlake Lon Farwell , City Secretary • INVOICE `jai- ' , Star-Telegram RECEIVED Customer ID: CIT57 400 W.7TH STREET Invoice Number: 273225741 FORT WORTH,TX 76102 (817)390-7761 AUG 1 7 2006 Invoice Date: 8/4/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days OFFICE OF CITY SECRETARY Due Date: 8/31/06 Bill To: PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27322574 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 CITY OF SOU NANCE Description: CITY OF SOUTHLA NO. 480-498 AN ORDINANCE AMENDING ORDI- Publication Date: 8/4/06 Attn Attn: ACCOUNTS PAYABLE NANCE NO. 480 AS AMENDED THE I COMPREHENSIVE `)tlg Llnagc MU Rate Amount Description LOC ZONING ORDI- "t r+ NANCE OF THE CITY TEXAS;SOUTHLAKE, TEXAS; CITY OF SOUTHLAKE ORDINANCE NO 135E A ZONING CHANGE i 1 i 111 LINE ad.b i $89.91 TRACT OR TRACTS OF LANCD WITHIN THET OF EX- AS BEINGFKLEGAL Y DESCRIBED AS Net Amount: $89.91 TRACTS 2C 2C5 AND 2C6,SITUATED IN THE WILLIAM H. MARTIN 1068 BEING AP- ACRES AND MORE 'FULLY AND COM- PLETELY SCRIBED IN EXHIBIT RICULROURALG AG- T DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DEPICT- PROVdED CONCEP PLAN ATTACHED HERETO AND IN- C O R P O R A T E D HEREIN AS EXHIBIT �;.py. B" SUBJECT TO .•• kt,: CHRISTY L.HOLLAND THE SPECIFIC RE- �� ,'- QUIREMENTS CON- �x MY COMMISSION EXPIRES TAINED IN THIS �tlry 31,2008 ORDINANCE; COR- ';,f•�r ��c RECTINGII THE OF- THE STATE OF TEXAS MAP; PRESERVING County of Tarrant OTHER OF PO E ZONING ORDI- NANCE; DETER- Before me,a Notary Public in and for said County PUBLICMINING TNTEREST erso Ily appeared Lis Wesselman, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Teleg ERA AND GEN-FARE , in ant County,Te s;and who, after being duly sworn,did WEdepose and say that the attached clipping of ar ING DEMAND ZON- blis in the bove med paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM AMENDMENTS HE(817) 390-7320 PROVIDING MAD THIS ORDINANCE SHCUMU- LATIVE L BE OF LL Sig ORDINANCES; PROVIDING A SEV- RNCRSAPOVVIDIGFO SUBSCRIBED AND SWORN TO BEFORE ME,THIS WE PENALTY FOR VIO- 2006• LATIONS PROVIDING OR PUBLICATION IN THE OFFICIAL PROVIDING AN EF- FECTIVE DATE. Thank You For Your Payment Any per TIONson, f7. or 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- dinance shall be fined Star-Telegram not more than Two ustomer ID: CIT57 Remit To: b' Thousand Dollars ($2,000.00) for each P.O. BOX 901051 offense.Each day that a violation is permitted ustomer Name: CITY OF SOUTHLAKE to exist shall consti- FORT WORTH, TX 7610 ensea separate of-lvoice Number: 273225741 PASSED AND AP- PROVED1t .pA THIS THE lvoice Amount: $89.91 GUSCITY DUR- ING E° G NC R O Number: NO PO M �ING.NIAyR Andy . AY- mount Enclosed: $ City notary Fanvell