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480-506 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-506 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 IC, SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT NO. 300, BEING APPROXIMATELY 1.82 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, Page I 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 nimproved property with reference to the classification which existed at the time their original investment was made; and, Page 2 WHEREAS, the City Council of the 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 of Southlake, 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 1 C, situated in the Larkin H. Chivers Survey, Abstract No. 300, being approximately 1.82 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 subject to the following specific conditions: 1 ) Requiring an easement to be granted to accommodate a future sidewalk; 2) Subject to the following comments of Concept Plan Review Summary No.2, dated Page 3 September 15,2006: a) Provide a 10' type B bufferyard along the frontage of N. White Chapel Boulevard. 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 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. Page 4 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of South lake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of South lake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition Page 5 of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 3rd day of October, 2006. - A~ MAYOR ~ -.- ,\\\,..'UU',."", ,.\\'c:;ou TI-ILJ,t"',,A TTEST: .........' !<.o$ifJ!.'l/l'rH.!:moli*.Iil' ~ '::, : 0 ~fll' ........ ,.\ -;. :)..;; A ~~~ jt:! ~ i~i ~ fa :u~ ,~ :~= ' -;'''..:~ ~ '.:. u.4J .... $ '''''''' O;;;OQ \\\\"CITY SECRET AR Y "",.. """\\\\\ PASSED AND APPROVED on the 2nd reading the 17th day of October, 2006. --A:~ MA YOR " .- ,\"t''''''''I \\\\\\\ oU THC~""", ...' f., co 0t;....,H:lill.... ~A'\. ~ ~ o~ ~".te I;)frtj>":. ~ ~ ,~9 ~.A-:' E)..;; . !~. '~~: - I- .'"' '~Z4."'. . ~ )( - - );::\'" - =(3: ,0/"".;" :;1>: :. ~ ", : (J) S fIII'~) 'l'l'" -::. "{;i~" fI/.fiJ $ '.". 40eGliliJlO.OV" ,.: "II' " 'I,,,, **~ \\\\\ MI'hIUIIl'" ATTEST: JOAA' Ii CITY SECRETAi...~ Page 6 TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTNE: q~C/-01 j()-J7 /)lj If) - 2f) -()~ Page 7 EXHIBIT "A" Being Tract 1 C, situated in the Larkin H. Chivers Survey, Abstract No. 300, being approximately 1.82 acres. STAtE 01' lDA$ COUrm' or TtIiMflHt ~ lit. ~ UICHtl.Lt EIUSTt1t CMDMO SH~ amtJI _ 1M 5Ifl.MTm .. nc l.MUf H. CNVERS. 'SUfNa'. ~ NO. 300, T~ coo II!ECORDEO IN CXlUH'I'r Ct.ERICS .110. O2OIllt476. Dm) RECORDs. lMJWfT 00IJl!mr. DtSCItIIJED Ic5 rou.ows: BEc:II!NNtG iii A ,. lOLl ~ It1I THIE EJ5I lItE or N.. WHI'It CIW'(L ~ r. nu: NORTHWlST COANER or fRlIICTlIIEING ~ JqJ. POINT BY m.s '4MRlIIS SOUlH NI) I YMG f:AST FlilOU 'PC llIDImfWEST CORNER or TIC ..... ... POINT IIE:M lOCAJ€O 21.OS Rtf $WfH .. tlEGIUS ... WillIES oUt WEsr f'ID.& OF LOT t. 8I.OCK 1 8fiIOfIWODO ~ N4 .AIlOITII:Itt. TO THE CI1'Y or TMIWll COUNTY. ~ TO TIC PlAT ktoRom .. ~ET A,. SUO[UJ804, PlAT . 1: . COUItI'\",. ~ 'hOCE NOR'lH Be DEGIUS .. IlIMITES 48 SlCOlilJS I'A5T 13.0$ fUf 1'0 A C'RPtO ... PIN (HAl) f'OUND FOR 'tHESOU'fHWDT COIlWEJt OF SMO I.Of .. BlOCI( 1, IIRlN'n1llOOO ICIClII'ICltt N'4OCOfIiII'llNUING ~nc: sourH tINE or s.cJ BLOCK t, I!IIIIEN1WOCIO AOOtTION .. Hot .40.8!li F'U'I. TO A 1& BOlT fOUND FOR 'bE .1I('IR1'H(ASf CXIIRNEIIt OF TRACI' IEING 0I:!D8Q. SUI) POIMI' ~ THE: !OInHtAST .~ or LOT 1. SUI) 8U:lCK ,. IlREHTlIOOO AtlOA'OI Nt) 'PC NOInHWUT COItNEIf Of A 'QtACI' OF ..0 AS ~. NIXED .AECOAOEO ... \i!l1WI. 11l1~. PAOE 3JII. OUD. RECOIIIDS, Til!MtlNfCX'II.JfIY. .lDAS: 'DIt1fCE SOUI'M 00 tlECRUS. 2" ~5 .1 SECOIIOS 10f 'IO.CM RET ~ TIC WEst LJItft: or SMI) 1'AJCT Of" WI) 1c5...orscaIE. .. 0 III OEm R!ODIID(D. . IN WWIIE. ,n'5, PAGt ~. TO A I/%'" ... .... FOUND FtIR THE !tIU'IHEII5f COMf[R Ot .fRACf .IIIIG t1[SClleEo. SM) POINT EIEI*i tHE ~m CORNER Of" lOT 2. IJLClQ( A. ~ .MJOFfIOIil, AN IIOOf1'l*TO THE em or sount.NU:. tNlfWff COUNn'. 1'E:ltAS. JilCCClAtlING 10 tHE PUt IIECOlIlOf:O.. \lDt.IM 311-202. .,. 11. PUT JItCORDS. 1ARAlIiNY COUNTY. TtltAS; tHEN(;( SOUtH. .DEGAEES .., MI\IJ1E$ SS SECOIIDS WUT ..0..27 rtO ALONG THE. NORTH lIIIE Of" SND I!I.OC:lC A. llfRASH[RTO " tn- _PIN f'OUNO ... THE EAST uc. Of ,.., tt ~ 0WlEl. ~ relit 1M[ $OU'IHIIES1' OF 1tw::f BE1ttG tl€IOll8EO; THENCE NORTH 10 WItIJ'IES .38 SlCCltCS EAST 1110.40 fUf AI..Qt.IG .. .EJlS1 UNE: OF SIC) ".. ~ ~L TO THE PClItft' OF IIECtMMINC AND ~ 1.821 ACRES OF 1.AtCt. MOAt OR U$S OF " 1IW:1 or l.NC). TO OEiO NIlD ... ~y Page 8 EXHIBIT "B" I - ,/ - - - -tJ1 - - +- -1- .._-( - - -i- - - T/ - -- I \ \ 'i~ e 'I / /' '3'n ,.. , "o~ l ~\ :;; ~ I J r- - - - - ,7, I ~ -~! ~ \.. ( 1\, ~: I ~~~~ ~\I · \ !- - lJ ~!\.l : I f:!5 J" I:f '< ~ .:. ,<, I I ~~ ~ II !I~ ~ ~\ ~ ~ \ ~ I ~~: t1" \ .\ C9 ~. II e; \ m \ 'ffi I! ,f, \ \ ~ II L i~ i \'I~gl ~ r\~ \i~,€~! ~~ \, Q~ :0 ;::, \ . P/l ~ l:jg _ _ _ , l.:_~ lQ \ \ \. ~ g:;1 ~ >- ~ j _~~ \ \ \ \ -,~ \. 1/ I i! <D _ -e I . \ ~" ~ k I B"i;! I :I~~~!~ ~ ) .~ ~i f'tlL:: d: I z ~ ~ ~ i t ~i ,-/ e.\ l\.[ I , : It i ~ \ i : ~ ! ) t ili ,< I / ~ I / ! I , I I J ; t --" i YI II 11'1 ;; I ' I 1 I / 11 ii, - - -Ii) ; t~~- . 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I Page 9 INVOICE %.: 7 "� k Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 275503571 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/29/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/06 CITY OF Bill To: CITY Noticheei chyerebygiven PO Number: NO PO CITY OF SOUTHLAKE il of t,xye City of Southlake, 1400 MAIN ST i Texas, that a public Order Number: 27550357 STE 440 hea in will be a p 6, att 5:00 5: p..rm.. orr 00 Im- Sales Rep: 073 SOUTHLAKE, mediately following TX 76092-7604 the Work Seaeion, Description: CITY OF SOUTHLA during. the Regular City council meets to be itheldChambers the Cof� Publication Date: 9/29/06 Attn Attn:ACCOUNTS PAYABLE Council1,1400M in Town Hall,1400 Main Street, Southlake, . a d r�: - ' =° g g Texas.Purpose of the x w public hearing is to i • i i i consider the second `« reading of the fol- CITY OF SOUTHLAKE Notice is he I3580 I ORDINANCE NO. 122 LINE $0.81 $98.82 480-506 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AE AMENDED, TH pONINGEHE ORDIE- RECEIVED NANCE OF THE CITY Net Amount: $98.82 SOUTHLAKE ZONING CHANGd E ON A CERTAIN �} (� TTRACT OR TRACTS OCT 1 6 2006 TgHHE LA CITYWIT OF AS BEINGKLEGALL DESCRIBED AS TRACT 1C SITUAT- ED IN THE LARKIN OFFICE OF CITY SECRETARY H.NO. I 0ERS, BEING SUR- VEY, ABSTRACT APPROXIMATELY 1.82 ACRES, AND MORE FULLY AND COMPLETELY DE SCRIBED IN EXHIBIT s�''''' CHRISIY L.HOLLAND A" FROM "AG" AG- :aR• `fi,. RICULTURAL DIS- TRICT MY COMMISSION EXPIRES TRICT TO 'SF-1A"I =,d r. July 31,2008 SINGLE FAMILY ,� �i • RESIDENTIAL DIS- - - EDICTdN THEPIAP- PROVED CONCEPT THE STATE OF TEXAS PLAN ATTACHED HERETO AND IN- County of Tarrant CORPORATED HEREIN AS EXHIBIT B" SUBJECT TO THE SPECIFIC RE- Before me,a Notary Public in and for said County and Statl QUIREMENTS CON-app red Lisa Wesselman, Bid and Legal Coordinator TAINED IN THIS for the Star-Telegram, published by the Star-Telegram, Inc.c ORDINANCE; COR- C u ty,Texas;an who,after being duly sworn,did depose and say that the attached clipping of an advertise RECTINGI THE th bove named aper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM MAP;OTHER PRESERVING POR- TIONS OF THE (817) 390-7320 ZONING ORDI- NANCE; DETER- MINING THAT THE Signed PUBLIC INTEREST, g MORALS AND WELFARE ING CHANGES AND Zi:2-146) SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, Oci AMENDMENT S HEREIN MADE- PROVIDING THAT 7A Notary Public SHALL ORDINANCE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; Thank You For Your Payment PENALTYD FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- • Star-Telegram FECTIVE DATE. ), CIT57 SECTION it Remit To: Any person, firm or P.O. BOX 901051 !etas,corpo ison who vio- naeglets orerefus omits, une: CITY OF SOUTHLAKE comply with or who FORT WORTH,TX 76101-2051 enforce-menttsofthany suer: 275503571 provisions of this or- dinance shall be fined not more than Two runt: $98.82 Thousand Dollars ($2,000.00) for each offense.Each day that NO PO a violation is permitted to exist shall consti- -- ____ - __ �_• tuts a separate of- lose& $tense. City of Southlake Lori Farwell City Secretary