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480-504 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-504 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 2AI & 2AIC, SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 2.97 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 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, 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 ofthe City of SoutWake, 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 ofSoutWake, 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 SoutWake, 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, 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 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 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 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 Tracts 2Al & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 2.97 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 specific conditions: 1) Subject to the applicant's agreement to move the driveway over 20-feet to preserve the 20-inch elm located in the right-of-way of Pine Drive; Page 3 2) Subject to the applicant's agreement to move the building structure over 15 to 20 feet to preserve the 30-inch elm that is shown within the building site; 3) Subject to the applicant's agreement to move the sports court an additional 25-feet away from the property line; 4) Subject to the following comments on Concept Plan Review Summary No.1, dated September 15,2006: a) Relocate the 6' sidewalk along the east side Pine Drive within the R.O.W. limits. Any portion of the plat that encroaches into the proposed lot will require a pedestrian access easement. 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 ofSoutWake, 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 Page 4 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 ofland 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 of Southlake are expressly saved as to any and all violations ofthe 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. Page 5 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 October, 2006. r~ MAYOR - ~ ~ \I",;'Ii..t"f',.,., ." "UJ ~4"" ,....' aU ' 'n; -4Jc ...., ........ 0 Q"'....~<<I~ij>C ~ ..~ $ ~ ... \te_; .;>.. '\ : 0"". ~ ~~~:. = ).. :,,7 ~ ~ : : ...... ; iI-~'':\ '9 '>>" - : - .. f/~ : en ~ ~O~." .l g ~ ~*Q e.o ~ , .;;r. oQl...... ..., ~~"">l\fo;~~Q ,'" '" ...' "" **11: \\\" 16"",..,,,,, ATTEST: ~~ CITY SECRETAR~ PASSED AND APPROVED on the 2nd reading the 17th day of October, 2006. --A :----~ MAYOR " -- - ""'U"",,, ,\\ -"'4 '" "" a\J 1 'C4k-, "" ....' ~ .,,<t(;.(''-''-''-li, .~ "- ....... <t. o;;tJ'f:.'''' v';;;cv'S ~ ~ 0"" ..<s;,~ ~tt) .,A ~ :;;..{A ~~: - r-- ~ "'<"',-':7 " ~ - : - :; 1/-'1, g ,," : =(.)~ r"'" l;,pOO: ~ ~(,) : :: -:. ..,,, . 0.-:- ~ "4 Q~ :- "" f$a(b~.$G. ,......... "I" ** <j( \\", i'"".."I\\\ ATTEST: ~.~ CITY SECRETAR~ Page 6 APPROVED AS T FORM AND LEGALITY: DATE: ct...L( ..-01 ADOPTED: /() -/J.O~ EFFECTIVE: II)' 2f) .()~ Page 7 EXHIBIT "A" Being Tracts 2AI & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 2.97 acres. BEING A TRACT Of' LAND OUT or THE O.W.. KNlGliT SURvE't. ABSTRACT NO. 899. TARRANT COUNTY. TEXAS. AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0205186274. DEED RECORDS. TARRANT COUNlY. TEXAS. AND BEING UORE PART1CULARl Y DESCRIBED AS fOllOWS: BEGINNING AT A 1/2. IRON fOUND IN THE EAST R.O.w. UNE or PINE DRNE. FOR THE NORTHWtST CORNER or TRACT BErNG DESCRIBED. SAID POINT BEING LOCATED 1~.06 FEET NORTH 89 DECREES 34 UlNUTES 1!!l SECONDS WEST OF LOT 20. O.W. KNIGHT NO. 899 AODIT1ON. AN ADDmON TO THE. CITY or SOUTHLN<E. ACCORDING TO THE PlAT RECORDED IN CABlNET A. SUDE 1310, PLAT RECORDS, TARRANT COUNTY, TEXAS~ THENCE SOUTH 89 DEGREES 34 UlHUTES 15 SECONDS EAST 490.93 FEET AlONG SAID LOT 20. o.W.. KNlGHt NO. 8911 ADDmON fOR THE NORfHEAST CORNER Of TRACT BEING DESCRlBtO: THENCE SOUTH 00 DEGREES 10 U1NUTES 03 SECONDS WEST 280. I 3 FEET AlONG THE WEST lINE Of" SAID LOT 20. O.W. KNIGHT NO.899ADOmON TO A 1/2- IRON PIN FOUND FOR THE SOUTH EAST CORNER or TRACT BEING DESCRIBED. SAlD POINT ALSO BEING IN lHE NOR'IH UNt Of' SlOCK A. CR>>WI - WHITE AQOITJON. AN ADQrTlON TO nu: CITY Of." SOUTHlNCE, TARRANT COUNtY. TEXAS ACCQROlNG TO DEEO RECORDED IN VOlUI.lE 388-201, PAGE 82. DEED RECORDS. TARRANT COUNTY. TEXAS~ THENCE NORTH 89 DEGREES 30 UlNUTES 41 SECONDS WEST 354.78 FEET AlONG THE NORTH UNE or SAID EIl.OCK A. GR.VWoI - wtflTE ADDITION TO A '/)/8"' IRON PIN rOUND rOR THE yOST SOUTHERLY SOUJHWEST CORNER or TRACT BEING DESCRJBED. SAID POINT BEING THE SOtJllOST CORNER Of' A TRACT Of' LAND AS DESCRIBED IN 0[[0 RECORDED IN \/OLUUE 11388. PACE 34~. O[EO RECORDS. TARRANT COUNTY, TEXAS; THENCE NORTH 00 DEGREES 00 UINUTES Oil SE~DS EAST !W.O~ FEET AlONG THE EAST UN[ OF' SAID TRACT Of." lANO AS DESCRlBEO IN DEED RECORDED Iff VOI.UUE 11368. PAGE 34~ 10 A 5/8"' IRON PIN fOUND FOR AN INSlD[ CORNER Of' TRACT BEING o[SCRIBED AND FOR THE NORTHEAST CORNER or SAID TRACT OF LAND AS DESCRSBED IN DEED RECORDED IN VOLUME 11368. PAGE 345~ THENCE NORTH 89 DECREES 32 MNUTES 15 SECONDS WEST '~.2~ FEET AlONG THE NORTH UNE or SAID TRACT OF lAND AS DESCRrStO W DEED RECORDEO IN YOt.uut 11368. PAGE 34$ 10 A S/8- IRON PIN fOUND IN THE EAST UHE OF PINE DR1\IE fOR THE NORTHWEST CORNER or SAID TRACT OF LAND .M, DESCRIBED IN DEED RECORDED IN VOl.UUE 11368. PAGE 345 AND FOR THE I.lOST WESTERlY SOUTHWEST CORNER or TRIoCT BEING DESCRIBED: THENCt NORTH 00 DECREES 01 U1NUTES 12 SECONDS WEST 219.74 FEET AlONG THE EAST UN[ or SAID ANE ORNE TO THE POINT or BECINNINGANl) CONTAINING 2.;~ ACRES or LAND YORE OR LESS Page 8 EXHIBIT "B" I ~.Ix ~J, :~ ~iJ" it. i! ;:: ~ II.. oJ" ", I I~i Ii :~t . i 11 :i!:u ~ t: ! I ~>:" ~'l. ~. ~~~~ ~~ i ~I f..~ut~t~<l ~ i! :0:; q "ll: Cl ~~ DI g ~~ ~ := 6 ~~ ~ Q~ ~ -r g; !I ~ I: CD ~ = = "-, ~ '0 CI.. W C/') f::: t c...:> l:E' It. I~i il i I i'i~f ;11-:1 I! I. ! !. , ~~, ~lfl a ! ! 8 0 I I I ! .1 -It; .. i i ~ i I ~I~ ! . ~ Ii;;:! . I r . "f !'i~i ~ I I 'I! !;, ~ I II' .. I '" ~ ~ t t: .... . ,," l Iii ~~ ~ t "'>: i "'''' ..... 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"€:/ :/'7; 9- <r ~t-': :/' Q-" ~ '---::::--'-- -- ----.... .- ._~.. b zW <r: : .....l- ~ .. ;:a W...J f-<C -u IZlVl W U Z W Cl - IZl W 0::: \.) 0::: W t:O ~ o 0::: f- IZl Page 11 INVOICE PrWalAttSfq fie Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 275503551 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/29/06 Federal Tax ID 22-3148254 aL- 1 6 2006 Terms: Net due in 21 days Due Date: 9/30/06 Bill To:CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: NO PO 1400 MAIN ST Order Number: 27550355 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/29/06 Description _ ,;, Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he 13580 1 123 123 LINE $0.81 $99.63 CITY OF 1C, SITUATED IN SOUTHLAKE I E 0.W. KNIGHT Notice is hereby given R pp by the City Council of T NO. 9eXI. the City of Southlake, BEING APPRO - Net Amount• $99.63 Texas, that a public MATELY zz22 7 hearing will be held ACRES, AND MORE on October 17, 2006, FULLY AND COM- at 5:00 p.m. or im- PLETELY DE- mediately following SCRIBED IN EXHIBIT the Work Session, "A" FROM "AG" AG- during the Regular RICULTURAL DIS- City Council meeting TRICT TO 'SF-1A" to be held in the City SINGLE FAMILY Council Chambers of RESIDENTIAL DIS- Town Hall,1400 Main TRICT AS DEPICT- Street, Southlake, ED TRICT, THE AP- Texas.Purpose of the PROVED CONCEPT public hearing is to PLAN ATTACHED I consider the second HERETO AND IN- reading of the fol- C0P0RATED lowing ordinance: HEREIN AS EXHIBIT ORDINANCE B" SUBJECT TO NO. 480-504 THE SPECIFIC RE- AN ORDINANCE QUIREMENTS CON- AMENDING ORDI- TAINED IN THIS "'"""- - - AMEN D 480 HE ORDINANCE COR-F )' .,�''�: CHRISTY L.HOLLAND COMPREHENSIVE RECTINGI TZONING }; ;;v?^ 4': ZONING ORDI- MAP; PRESERVING i, MY COMMISSION EXPIRES NANCE OF THE CITY ALL OTHER POR •- OF SOUTHLAKE TIONS OF THE F'. :' July31,2008 TEXAS• GRANTING ZONING ORDI- i� "<,,, , THE STATE OF TEXAS ArZONIANG CHANGEI MINING THAT THE - - County of Tarrant FACLTAND WITHIN MORALS INTEREST, GEN- HE CITY OF ERAL WELFARE UTHLAKE TEX- DEMAND THE ZON- B �� EGA ING CHANGES AND Before me,a Notary Public in �BE� . A M E N D M E N T S 'sons appeared Lisa Wesselman, Bid and Legal Coordinator T 2A1 I HEREIN MADE for the Star-Telegram, publisheu v, .cre,.a PROVIDING THAT in Ta t County,Tex s;and who,after being duly sworn,did depose and say that the attached clipping of an . SHALL ORDINANCE b sh the above n med paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM O RIDEI N AON C ALL PROVIDING A SEV- (817) 390 7320 ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- Sign_ PROVVIDING ARSAV- PROVIDING LA FOR 1144-6) SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monc PUELICATIOFFICIAL PROVIDING RAN AND F-- Notal FECSECTIONT7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to Thank You For Your Payment comply with or who resists the enforce- ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars og2,000.p0) for each ffense.Each day that a violation is permitted to exist shall of- CIT57 Remit To: Star-Telegram tute a separateto of-I mer ID: tense. gf So P.O. BOX 901051 Lon FarWoil lake )mer Name: CITY OF SOUTHLAKE city Secretary FORT WORTH, TX 76101-2051 Invoice Number: 275503551 Invoice Amount: $99.63 PO Number: NO PO Amount Enclosed: $