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480-520 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-520 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 TRACTS 3H AND 3Hl, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 2.007 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 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 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 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 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 of South lake, 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 3H and 3Hl, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.007 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", and subject to the following conditions: 1. Subject to Concept Plan Review Summary No.3, dated March 16, 2007 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. SECTION 3. That in all other respects the use ofthe 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 ofSouthlake, 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 ofthe 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, 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 ofSouthlake 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. PASSED AND APPROVED on the 1st reading the 3rd day of April, 2007. - ;1.-: ~ MAYOR ""II'"'' "'" """ ~'Y.HLAI(;"'..;\ TTEST: ...' 0 ,,_~,e-b.Go _ ,'" " $" ~ t9<1})@ 1"t:l3:. ~ ~ .: "--~. ~~~,(.~ :0: I>. ':,':. :" J\~ff ~ 'p : -)-" '~'X <l'(f)P :\-: i~ : = .. ~. I .... .. #"'\.. & ... ':. '-" *'t}I .$ ~ ':>-;""" O~O'&3eoO...O"''' ,tI;'Y SECRETARY " *... ,,' 11111' j, 111""'\ PASSED AND APPROVED on the 2nd reading the 17th day of April, 2007. - z:;:k - --::; ~ -' MAYOR \,\~'~~~"""III' ATTEST ",'~'sJ~)~~i:,~~~'r;:"" : "'" -...; v'" ~-". ~', ~ ~ .1fi ~.;lI0 .,-~ ~ E O'l~ ;;;o~:. :: ,,' .~'-, ~, ,t.. :. :-.....; . ~H~(:\' ~>= ~ ~ - ~ lY'...._~ ",,(1)- ... ~0'>'v : g ~ ~ $",(; e,c.0 ~ \, Q.~~e.o...e~~ ,,$ CITY SECRET AR " ,'" "" **iC \", 11"",",,,,,, ~{;/~ CITY ATTORNEY DATE: q~L/-07 t-(--{l-D7 '1-- 2-0 --01 ADOPTED: EFFECTIVE: EXHIBIT "A" Being Tracts 3H and 3H1, situated in the H. Granberry Survey, Abstract No. 581, being approximately 2.007 acres. PROPERTY DESCRIPTION 2.007 ACRE/87,438 S.F. BEING a 2,007 acre (87,438 square foot) tract of land situated in the H. Grandberry Survey, Abstract No. 581, City of Southlake, Tarrant County, Texas, and being all of a tract of land described in deed to Sabri and Gurjie Ajro recorded in County Clerk's File No. D205108682 of the Real Property Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: . BEGINNING at a 5/8 inch iron rod found for the southeast corner of said Ajro Tract and being in the northwest right-of-way line of South White Chapel Boulevard (a variable width right~f-way); THENCE, South 89045'15" West, along the south boundary line of said Ajro Tract, at9.24 feet pass a point for the northeast comer of Lol12 of the H. Granberry No. 581 Addition to the City of S0uthlake as shown on the plat recorded in Cabinet A, Slide 8946 pf the Plat Records' of Tarrant County, Texas and continuing along the common south boundary line of said Ajro Tract andthe north boundary line of said Lot 12, in all a distance of 424,93 to a 5/8 inch iron rod set with blue plastic cap stamped "Tri-Tech DFW Surveying" (hereinafter called 5/8 inch iron rod set) in the east boundary line of Lot 1 of Block 1 of the Reutlinger Addition to the City of Soulhlake as shown on the plat recorded in Cabinet A, Slide 1515 of said Plat Records; THENCE. North 00035'20" West, along the common west boundary line of said Ajro Tract and the east boundary line of said Lot 1. a distance of 190.44 feet to a 5/8 iron rod set for the common northwest comer of said Ajro Tract and being the southwest corner at Lot 3 of the H Granberry No. 581 Addition to the City of South fake as shown on the plat recorded in Cabinet A, Slide 1576 of said Plat Records; THENCE, North 89041'15" East, along common north boundary line of said Ajro Tract and the south boundary line of said lot 3, at 0 76 feet passing a 1/2 inch iron rod found and continuing along- said common line, at 483.81 feet pass a 5/8 inch iron rod found with cap stamped "1237" found for the southeast comer of said Lot 3, and continuing with the north boundary line of said Lot 3, in all a distance of 492.08 feet to a 5/8 inch iron rod found for the northeast comer of said Ajro Tract and being in the northwest right-at-way line of the aforesaid South White Chapel Boulevard; THENCE, South 18049'07" West, along the northwest right-of-way line ot said South White Chapel Boulevard, a distance of 202.09 feet to the POINT OF BEGINNING and containing 2007 acres or 87.438 square feet of land Bearing basis is Grid North, derived from GPS observations including City of Southlake Monuments 30, 43 and 51. Distances are surface with a combined project scale factor of 0.9998502 - Texas State Plane Coordinates, North Central Zone, NAD 83_ EXHIBIT "B" oft:lol."-:'l_I-....~ NOllIaav....r'B7:ON~aNVHD1i .vl ~OJ 1A"U~:JIUl) H i I i'lli ~It! Hi;1 !i ill' It li1-;I~.! 'l~ l'I~! Ii ..,- 1 wUJlI1'- {! '"!:1I t' J.:!H ... flllt · ldi.'" tn'l 1.',llj If .' I; fllll i :1~ !P' I ,'/ ',. ,.jf. ," Iulll', IIi " :i~'='~. fl' ,I i'ijt;, I- 11.1 !a ,;i!f* ~ t f!; t' II l!H n If!I~'l~fll Iil'i hl.l] i, If I' 10 !~. i," P." I' ~I'IH il,. n~llId~ ,W lfiHj' H ,! " . Iii 1", I'U - {IS 'I {. Viti !I .ilMlj .~!l ~O!lf'~ 11': .1:" J!if~U. f;a: i..!ril Jd ~. ,I-I' .," .." "-1 "-I':. L"l ~::i i.~ lit :1:.. i~: ~~'!l l;i~f ;:3;:;;'!j f'.. ., I~H' !i il"li'! ~l" :15"1-1. 'I .'l~l '. I,lj'l!: I'!' Wlf 1~1 U !1m II nnlm Ill!! uim m .J j' ,I ~ ' i-; --*=' ,I ~i "'" '~ '" I a ---- I .1 I I? I I ---- I ---- .1 , I . . I? I ---- ......... I I : I : : I: " i' I: I: " :! it It , , : i !! ili3 11 , I -j I! il II . II I! ll~! h B III .,.!.rrW u ! - ;H..fpj!el'~ ! l!iiilHil!l!l!ldl . I ::Huun!;~I!l!::j. r-.......~ Uln:J:l HUl'Il!NlQ~ ! =-=-==.'f?"I~_-=:'G/'j I . n ~ 6i. ! fl' ; ji! . itl i .:1 , !P II ii! I, .j. II f.;i C H! il :H l: ill I!I ~ I' , d!~! ~ : ~~; , ii~~ ~ . -. e i , ,-~, 7 :~t t lUll lI>lnli/ i...!!!il 2 '!W ~ lill!' 6 - hl'l It ..: !i.r~~~ ~ Ii J!n!~ <!j !!~" "---. ....... .t,~~ .~f..~""""" 4z~ ........ , ........ ........ "- q.{..." ::<;l;. " --....... '--......., I .1 i? 3 CONCEPT PLAN CLOSE-UP ?to ) ~ lie ho' e )~~1-H~?t 3'10... JFf:k '..J ~~1r.v "i;;.;.,,, 9 t __ I ............. '---- III Ii! <~ (ij~ i~ :z N ~ 0 d r- ::i Q ...J ~ ... ca III ,... ~ 0 I- :z 9 >- Ir ffi m Z -0; a: C,) :t .... , .... , "- /'.....,.... ~ '\ .. I I I I I I , I " I ''-I I I -~~ t INVOICE Draft Only Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254C .h .,f i Bill To: MAY YOU/ CITY OF SOUTHLAKE 1400 MAIN ST `'' STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn CITY OF c THE STF County o Before m for the Si say that i TELEGR (817) 39 SUBSCF Thank N Remit T lw.Vd Any person, nrm or corporation who vio- [ negletis orrerefusestto E comply with or who )I-. resists the enforce- ',S ment of any of the iE provisions of this or- dinance shall be fined )I- not more than Two rY Thousand Dollars E ($2,000.00) for each IG . offense. Each day that . a violation is permitted I'E N to exist shall consti- FS tute a separate of - IN fense. )F . PASSED AND AP- X- . PROVED THIS' THE Y 1S 17th DAY OF APRIL 2007 DURING THP CITY JD IN REGOLAR COUNCIL MEETING. 1Y MAYOR: Andy 13- Wambsganss I1, ATTEST: Lori Payne, �� City Secretary_ 1 110 Customer ID: CIT57 Invoice Number: 282908281 Invoice Date: 4/20/07 Terms: Net due in 21 days Due Date: 4/30/07 PO Number: PD W/ MC Order Number: 28290828 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 4/20/07 Linage" MU Rate: Amount 110 LINE $0.81 $89.10 Net Amount: $89.10 RECEIVED MAY - 7 2007 OFFICE OF CITY SECRETARY r�l--�.__ ?4 CHRISTY L:HOLLAND rMY COMMISSXPIRESJuly 3 r f id for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator I by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR Signet ) BEFORE ME, THIS Tt Notary ayment U I l v t U A I t. n SECTION 7. 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 282908281 $89.10 PD W/ MC $..... INVOICE MILMA Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 282136961 ----- ----FORT. WORT_U_TX____76l02 F ° --" r' (817)390-7761 - nvoice Isates _- 3/30/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days APR 1 3 2007 Due Date: 3/31/07 Bill To: PO Number: no po CITY OF MAIN N ST TH 1400 MALAKE OFFICE OF CITY SECREiA�Y Order Number: 28213696 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 3/30/07 CITY OF SOUT. THE STATE Oi County of Tarr, Before me, a N for the Star -Tel say that the aM TELEGRAM (817) 390-7501 or 1 ANI LY NI _D IN SUBSCRIBED AND SWORN T 1 123 123 LINE $0.81 $99.63 Net Amount: $99.63 -- - - - _ APR -,�- - t�U I CHRISTY L. HOLLANL' — " MY COMMISSILN CXPIPES; - - July 31, 2009 - his day personally appeared Deborah Baylor, Bid and Legal Coordinator Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and ied in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR f r, April 0 , 20 . Thank You ForYourRaYrrl6ri'i" -------------------------------------- m.._ . r_ - - Customer - - - Remit To: = - --- -- --- P.O. BOX 901051 Customer Name: CITY -OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 282136961 Invoice Amount: $99.63 PO Number:_ no po-- - - Amount Enclosed: —