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480-519 CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-519 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 1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. ISH, BEING APPROXIMATELY 0.847 ACRE, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" 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 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, WHEREAS, the City Council ofthe 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 ofSouthlake, 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 ofSouthlake, 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 1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 0.847 acre, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" 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 ofthe 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 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, 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 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 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 3rd day of April, 2007. \", \i ,It II" "'I "" O\JTHI "" ....,'~. ~ ee...~.~Jj-~", :-.... ~ _fl'. .llll.,C".: \ =~tio@ , .~"'""'~ ::L' j~' .~: _ r- /lJ J." ... e ~ _ - - . ,-. ' 0')_ :: <..>. .. - ;. \ ;rnj ~ -.. s.e ~ ~" .oeoo...eli>>\\). ,....:- " ...' "" ""** ,\" 'I" If II all"" ~~ MAYOR - -- ATTEST: /au. /& CITY SECRETA~ PASSED AND APPROVED on the 2nd reading the 17th day of April, 2007. ",unu"" \,\ T. 'tt, "" -:;00 N~ "" ...... !< <b,",,@{H,e;~. . ....t ." ,:' 0 .._-<ii '*~"''ij ~ ~ l ~ ~Q(J 0.; .A :. .L. * ~.....- _ r-,g,_ ':'.' e\"- :u~ ". p<= ~ ~ ~.~ .= ~ = :. $. .. Cf) ~ .. e ~.... c;.... q,~Q . (,6t/,,<li .$' " ()CQl8..0fjJ ...... " ...' "",, ""** \\\\\ "U""IIII' APPROVED A DATE: q -L{ --01 t.( -( l-D 7 t.f - 2D -07 ADOPTED: EFFECTIVE: ~ -4~ ~- ~ MAYOR ATTEST: !v~~ CITY SECRET AR EXHIBIT "A" Being Tract 1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 0.847 acre. STATE OF TEXAS COUNTY OF TARRANT WHEREAS, JAMES ANDERSON IS THE SOLE OWNER OF A TRACT OF u.ND SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, COUNTY OF TARRANT, TEXAS, ACCORDING TO THE DEED RECORDED IN COUNTY CLERKS NO.. 0206267128, DEED RECORDS, TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1. IRON PIN FOUND IN THE NORTHERLY LINE OF E. DOVE STREET FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 24.29 FEET SOUTH 15 DEGREES 30 MINUTES 00 SECONDS WEST FROM THE SOUTHWEST CORNER OF LOT 12, F. THROOP NO. 1511 ADDfTlON, AN ADDfTlON TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A. SLIDE 5038, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 47 DEGREES 30 MINUTES 00 SECONDS WEST 145.79 FEET ALONG THE NORTHERLY LINE OF SAID E. DOVE STREET TO A 1. IRON PIN FOUND FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 10992, PAGE 382, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 19 DEGREES 37 MINUTES 39 SECONDS EAST 258.95 FEET ALONG THE EAST LINE OF SAlD TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 10992. PAGE 382 TO A 1. IRON PIN FOUND IN THE SOUTH LINE OF LOT la, SAID F. THROOP NO. 1511 ADDITION FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED AND FOR THE NORTHEAST CORNER OF SAID TRACT OF u.ND AS DESCRIBED IN DEED RECORDED IN VOLUME 10992, PAGE 382: THENCE SOUTH 87 DEGREES 33 MINUTES 18 SECONDS EAST 114.22 FEET ALONG THE SOUTH LINE OF SAID LOT 10, F. THROOP NO. 1511 ADOfTION TO A CAPPED IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 11, SAID f. THROOP NO. 1511 ADDITION; THENCE SOUTH 15 DEGREES 30 MINUTES 00 SECONDS WEST 350.27 FEET ALONG THE . WEST LINE OF SAID LOTS 11 AND 12, F. THROOP NO. 1511 ADDITION TO THE POINT OF BEGINNING AND CONTAINING 0.847 ACRES OF LAND, MORE OR LESS NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, JAMES ANDERSON, BEING THE SOLE OWNER, DOES HEREBY ADOPT THIS PLAT DESIGNATING THE HEREINABOVE DESCRIBED PROPERTY AS LOT 24, FRANCIS THROOP NO. 1511 ADDfTlON, AN ADOITION TO THE CITY OF SOUTHLAKE, TEXAS, ANO WE DO HEREBY DEDICATE THE RIGHTS-OF-WAY (ALLEY, PARKS) AND EASEMENTS SHOWN THEREON TO THE PUBLIC'S USE UNLESS OTHERWISE NOTED. WITNESS MY HAND AT SOUTHLAKE, TARRANT COUNTY, TEXAS THIS THE 2007. DAY OF JAMES ANDERSON STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED JAMES ANDERSON, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE ABOVE AND FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME FOR THE PURPOSE AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE ON THIS THE DAY OF , 2007 NOTARY PUBLIC COMMISSION EXPIRES THERE ARE NO LIENS AGAINST THIS PROPERTY 'p-a ,O't" - - I . I I I ;1 ,I I I I I I L_ i J. :'5~~ 'i;~1 "h!---:O.-_ 'r ~ ....- ~- ";::> ..n \1\- 0..0 o~ o ~"" ~u ",,4. t;t.. tf}"" _\1\ UQ:>. ~J!t. 4- ~ 1.>.0. ~- I! I!i ; Iii: I t~1 I 12~ I !11'1 I '3:1 l5\ I~I m:!l I !i ~f"~ U~! I; - EXHIBIT "B" lip !,I J 1'1 ! !~ j ill U!~ I I"l!! ~ "d I"P j !~d ~ll"t' ;diti I ____.2"'...:' ~I)~... ~~ __ .......... !!>, ~At.... .......... ........ ...., "V7 ~h ~............... ~. ..;;",..' 6?........ --...\lllr. .cr ....... ~i~~1 !! / - / / 'i E2"t i ""I i~~ T J. "'5~' ~;;~I i~ !9 ~I~i .S .. ~i J ." l,ii 1'111 (Iii I: l~~l 'I ,':' ! ~1~.!Ii I I'~ !III l;j! S IE "~I: :1:1 : ~ ifil '11,1 ! ~ !s' lOill l " Ifi6 !5"1 i! ",C ilSl ~i. ~ lIa :111 ~Ii! gl I~~I &a:i.. U'~il r~ H " ~ CONCEPT PLAN CLOSE-UP / TREE CONSERVATION PLAN I UNA. UARID ETUX >>lOll: L. 010992, PC. 0382 D.R.T.CT. ZONING /.C LOT 1\ Y. THROOP NO. ,~U tAB. A. WOE :\0 P.R.T.C.T. ZONlNC Sr~30 "'-.- - -- ':s' .--.. ~~'- LOT t2 f THROOP NO. 15tl ADorno.. ~. A. SUn( ro38 P.R.T.C.l. ZONttiG sr-30 "'. '" 'oJ! lb' "" ~!r;j / V/ / / INVOICE Draft only, Star -Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 282908301 FORT WORTH, TX 76102 (817) 390-7761 Invoice Date: 4/20/07 Federal Tax ID 22-3148254 _ - Terms: Net due in 21 days IV Due Date: 4/30/07 Bill To: � MAY - 4 Z007 PO Number: PD W/ MC CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 28290830 STE 440 = Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/20/07 Attn Attn: ACCOUNTS PAYABLE Description ` ,.. Lacatont CAo Linage .: MU : ;Rate Amount CITY OF SOUTHLAKE OR Legal Notices Legal Notices 109 109 LINE $0.81 $88.29 ZONING NANCE OF THE ORDI- CITY ERAL WELFARE DEMAND THE ZON- OF SOUTHLAKE TEXAS- GRANTING., ING CHANGES AND AMENDMENTS A ZONING CHANGE ON A CERTAIN HEREIN MADE, PROVIDING THAT TRACT AND WITHIN SHALL ORDINANCE Net Amount: $88.29 THE CITY SOUTHLAKE OF TEX- LATIVE OF ALL O R D I N A INC E S; AS BEING LEtGALLY DESCRIBED AS PROVIDING A SEV- ERABILITY CLAUSE; TRACT 1A1 ATED IN tHE SITU- F. PROVIDING FOR A PENALTY FOR VIO- THROOPABSTRA SURVEY, ABSTRACT 1511 BEING d NO. AP- E HEREOF; LATIOPROVIDING PROVIDING A SAV- INGS CLAUSE RECEIVED PR X I M A T 0.847 ACRE, L Y AND PROVIDING FOF PUBLICATION IN MORE FULLY COMPLETELY SCRIBED IN EXHIBIT AND DE- THE OFFICIAL NEWSPAPER, AND PROVIDING AN EF- "A" FROM "AG" RICULTURAL TRICT TO "SF-30" AG- DIS= FECTIVE DATE. SECTION 7. Any firm or - ^�O� MA MAY SINGLE FAMILY person, corporation who vio- [ RESIDENTIAL TRICT, AS DEPICT- DIS- lates, disobeys, omits, neglects or refuses to ED ON THE AP- comDly with or who THE STATE OF TEXAS COUn SO CITY ORDINANCE NO. 480-519 Befoi, AN ORDINANCE AMENDING ORDI for th NANCE NO. 480 AS AMENDED, 'rHE say COMPREHENSIVE TELtuKAm (817) 390-7501 na or- C1 SECRETARY ied +ewx+weR,�ay wo ���1,1�1,Y 11,I _ ars aR`"% CHRISTY L. HOLLAND ai*i MY COMMISSION EXPIRES a vtoiation is permined JU 31, 2008 to exist shall consti- pig,`' l tute a separate of- fense. PASSED AND AP- PROVED THIS THE 17th DAY OF APRIL 2007 DURING THE! tonally appeared Deborah Baylor, Bid and Legal Coordinator REGOLAR CITY . COUNCIL -MEETING, In Tarrant County, Texas; and who, after being duly sworn, did depose and MAYOR: a bsganss Andy ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April Notary Public, Thank You For Your Payment ` Remit To: Star -Telegram Customer ID: P.O. BOX 901051 Customer Name: FORT WORTH, TX 76101-2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 282908301 $88.29 PD W/ MC !J INVOICE m 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 Attn Attn: ACCOUNTS PAYABLF CITY OF SOU THE STATE County of Ta Before me, a for the Star-T say that the TELEGRAM (817) 390-7' SUBSCRIBEI -Thank Yot Ibemit TO: on April 17, 5:00 p.m. or lid RECEDED Customer ID: Invoice Number: CIT57 282136991 Invoice Date: 3/30/07 - APH 1 3 2007 Terms: Net due in 21 days Due Date: 3/31/07 OFFICCr c OF CITY C�nCT J C PO Number: no po I�CI�Y Order Number: 28213699 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/30/07 Legal Notices SHALL BE CUMU- LATIVE OF ALL 0RDINANCES;I PROVIDING A SEV- ERABILITY CLAUSE PROVIDING FOR A LATIONS FHOEREOF; PROVIDING A SAV- PROVIDING LA FOR PUBLICATION IN THE OFFICIAL PROVIDINGANNEWSPAPER- AND DATE. SECTION 7. Any person, firm 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 a violation is pern to exist shall c, tuts a separate fense. City of Southlake Lori Farwell 1 i22 122 LINE $0.81 $98.82 Net Amount: $98.82 IVIED APR 1 0 2007 BY: CHMTY L. HOLLAW - ' MN'COMMISSION EXPIRES i �,.• —July 31, 2008 Ir said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and advertisement was published in -the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR Signed \�,J RE ME, THIS Monday, Notary Public Lent 7ANULS ANU --- -- `- - V D M MADTE - -----Customer ID: DORDINANCEI5 1 Customer Name: TX 76101-2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed CIT57 — — CITY OF SOUTHLAKE 282136991 $98.82 no po $ -