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480-340CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -340 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 2C2A SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 7.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, 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 N: \COMMUNITY DEVELOPMENT\WP- FILES \ZBA \PENDING \480- 340.DOC Page 1 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 NACOMMUNITY DEVELOPMENT\WP- FILES \ZBA \PENDING \480- 340.DOC Page 2 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 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 of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land 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 2C2A situated in the Obediah W. Knight Survey, Abstract No. 899, and N: \COMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 340.DOC Page 3 being approximately 7.0 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the 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 of land 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 Southlake, 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. N: \COMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 340. DOC 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 of land 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 Southlake 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. N: \COMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 340.DOC Page 5 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 ten (10) 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 , t day of ' 2000. W . W ... �w m ax te 10 jj < V/ ¢ y�� �o s Og s rs� i �,�� •...., •• °\` ATTEST: F 1 1 1K,.. _ ' E T A ' NACOMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 340. DOC Page 6 PASSED AND APPROVED on the 2nd reading the _�_ day of , 2000. rolm"T.5. luvEw ATTEST: - " A kku"i. CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: bet EFFECTIVE: I 06 NACOMMUNITY DEVELOPMENT\WP- FILES \ZBA \PENDING \480- 340. DOC Page 7 EXHIBIT "A" FIELD NOTE DESCRIPTION ALL that certain tract or parcel of land situated•in the 0. W. KNIGHT SURVEY, ABSTRACT NO. 899, Tarrant County, Texas and containing the tract described In the deed to B. L. Marriott and wife, Nancy Marriott as recorded in Volume 9609, Page 908, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch steel rod found for the southwest corner of sold Marriott tract and being the southeast corner of the tract described in the deed to V. Carlile as recorded in Volume 11581, Pace 495 of said Deed Records, said point being in the northerly boundary line of.. Lot 19, Block 2, Timarron, Phase One, Section One, The Highlands as recorded In Cabinet A. Slide 1014, Plat Records, Tarrant County, Texas: THENCE NORTH with the westerly boundary line of sold Marriott tract, passim a 1/2 inch steel rod found at 806.40 feet, continuing a tot-of: distance at 825.98 feet for the northwest corner of some and being in Lilac Lans; THENCE South 89 degrees 09 minutes 07 seconds East with told Lilac Lane, 369.20 feet; THENCE South 00 degrees 00 minutes 39 seconds Vilest with the easterly boundary line of said Marriott tract, 528.30 feet to said northerly boundary lint of Block 2, Timorron; THENCE North 89 degrees 00 minutes 07 seconds Wast with .said northerly boundary line, 389.05 feet to the place of beginning and containing 7.0 acres of land, more or less. NACOMMUNITY DEVELOPMENT \WP - FILES \ZBA \PENDING \480- 340.DOC Page 8 Tract Map ZA00 -039 2000 0 2000 Feet N W E S 7E'3 Property Owner 1. S. Talley 2. W. Ryon 3. B. Williams 4. Jeff Mercer Inc. 5. E. Stevens 6. M. Cosway 7. P. Marshall 8. B. Wilson 9. J. McSweeney 10. A. Mitro 11. W. Harper 12. G. Maher 13. G. Reis 14. G. Jones 15. N. Whittington 16. R. Rietig 17. J. Wagner 18. R. Milling 19. D. Holmberg 20. G. Weber 21. M. Parsons 22. J. Krause 23. C. Hunter 24. J. Welch 25.B Cepak 26. V. Carlile 27. J. Fultner Zoning Land Use Designation 1. "SF -IA" 1. Low Density Residential 2. "SF-IA" 2. Low Density Residential 3. "SF -IA" 3. Low Density Residential 4. "SF-IA" 4. Low Density Residential 5. "AG" 5. Low Density Residential 6. "SF -20A" 6. Medium Density Residential 7. "SF -20A" 7. Medium Density Residential 8. "SF -20A" 8. Medium Density Residential 9. "SF -20A" 9. Medium Density Residential 10. "SF -20A" 10. Medium Density Residential 11. "SF -20A" 11. Medium Density Residential 12. "SF -20A" 12. Medium Density Residential 13. "SF -20A" 13. Medium Density Residential 14. "R -PUD" 14. Medium Density Residential 15. "R -PUD" 15. Medium Density Residential 16. "R -PUD" 16. Medium Density Residential 17. "R -PUD" 17. Medium Density Residential 18. "R -PUD" 18. Medium Density Residential 19. "R -PUD" 19. Medium Density Residential 20. "R -PUD" 20. Medium Density Residential 21. "R -PUD" 21. Medium Density Residential 22. "R -PUD" 22. Medium Density Residential 23. "R -PUD" 23. Medium Density Residential 24. "R -PUD" 24. Medium Density Residential 25. "R -PUD" 25. Medium Density Residential 26. "AG" 26. Low Density Residential 27. "AG" 27. Low Density Residential - 715 - -- q Acreaee 1. 2.26 acres 2. 1.34 acres 3. 1.41 acres 4. 1.36 acres 5. 4.84 acres 6. 0.52 acres 7. 0.51 acres 8. 0.51 acres 9. 0.51 acres 10. 0.51 acres 11. 0.53 acres 12. 0.50 acres 13. 0.67 acres 14. 0.52 acres 15. 0.48 acres 16. 0.33 acres 17. 0.42 acres 18. 0.32 acres 19. 0.36 acres 20. 0.33 acres 21. 0.32 acres 22. 0.33 acres 23. 0.30 acres 24. 0.33 acres 25. 0.36 acres 26. 3.54 acres 27. 0.45 acres Surrounding Property Owners ZA00 -039 INVOICE Star—Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 172660101 FORT WORTH,TX 76102 Invoice Date: 5/19/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 5/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 17266010 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 I CITY OF Description: CITY OF SOUTHLA SOUTHLAKE, TEXAS NOTICE was hereby given Publication Date: 5/19/00 to all interested persons that the City Council of the City of Southlake ,ram , z `% "' � Texas, will be holding a � s��a q! � _ at � � s�d� �^' MIV ,� �. ".' public hearing during the..>, ,. f ,w. F a ..3;, ., . „� _._�... . i.,,< Rate �r,, ! ' - - ---'-^"' regular city council meet- ing to be held on June CITY OF SC T..e2meefingatwl. be -,..1- OTIC I358 1 95 95 LINE $5.79 $550.05 in the City Council Cham- bers of City Hall, 667 North Carroll Avenue,Sales Discot Soe lo ethe Teas. Pur- ($473.10) pe held regarding 'COI! lowing: CITY OF SOUTHLAKE, TEXAS ORDINANCE 480-340N0 Net Amount: $76.95 AN ORDINANCE AMEND-ING ORDINANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITH- IN THE CITY OF SOUTH- LAKE TEXAS BEING LE- GALLY' DESCRIBED AS' TRACT 2C2A SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, AB- STRACT NO. 899 AND BEING APPROXIMATELY 7.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICUL- TURAL DISTRICT TO "RE" SINGLE FAMILY RESIDEN- TIAL ESTATE DISTRICT, THE STA' ISUBJECT UIREMENTS PEON- County of NANED IN CORREC G THE O IN FFICIAL ZONING MAP ESEVIN Before me OTHER PRPORTIONs of >r said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- THE ZONING ORDI- Telegram, NANCE• DETERMINING!gram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached I THAT MORALSBAI Dl"GEN-It was published in the above named paper on• e listed dates: ERAL WELFARE DEMAND' THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID- ING THAT THIS ORDI- NANCE SHALL BE CUMU- May 22,Y SUBSCRI LATIVE OF ALL ORM.EFORE ME,THIS Monday, NANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOVIOLAT PENAL- TY FOR IONS Notary Publica'Ajj...-27\---- / HEREOF: PROVIDING A SAVINGS CLAUSE PRO-, VIDING FOR PUBLICATION - IN THE OFFICIAL NEWS- , PAPER' AND PROVIDING DAWN M. KUYKENDALL AN EFFECTIVE DATE. SECTION 7. i 1 COMMISSION EXPIRES Any person, firm or corpo- ���� SEPTEMBER 13,2003 obeys who violates, cis- Thank obeys, omits, neglects complyiyment <<_ or refuses to comply .7 with or who resists the _..._._®. enforcement of any of- the provisions of this or- dinance shall be fined not more than Two Thou- sand Dollars ($2,000.00) for each offense. Each day that a violation is Remit r permitted to exist shall1 Customer ID: CIT57 constitute a separate of-� fence. Sandra L. Ley Grand 051 Customer Name: CITY OF SOUTHLAKE City of Southllake Texas FORT WORTH, TX 76101-2051 Invoice Number: 172660101 Invoice Amount: $76.95 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 173895401 FORT WORTH,TX 76102 Invoice Date: 6/9/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 17389540 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 6/9/00 CITY OF CITY OF SOUTI SOce Ho.s IN I358 1 86 86 LINE $5.79 $497.94 also-uo AN ORDINANCE AMEND- ING 4488o ORDINANCE AMENDCE Sales Discount D, THE COMPREHENSIVE ZON- ($428.28) ING ORDINANCE OF THE CITY OF SOUTHLAKE TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR $69.66 WITH- IN THE CIITY OAT O F UTH- Net Amount: LAKE TEXAS BEING LE- GALLS' DESCRIBED AS 2C2A SITUATED IN THE OBEDIAH W. KNIGHT SURVEY ABSTRACT NO. PROS(IMAND TEELY BEING 7.0 ACRES AND MORE FUL- LY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTUR- AL DISTRICT TO -RE- SIN- GLE FAMILY RESIDEN- TIAL ESTATE DISTRICT, SUBJECT TO THE SPECIF- IC REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE• CORRECTING THE OFFICIAL ZONING MAP- PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE DETERMINING THAT THE PUBLIC INTER- THE STATE OI EST MORALS AND GEN- ERAL WELFARE DEMAND County of Tarn THE AND ZONING MENDMENTS HEREIN MADE; PROVID- Before me,a N NANCE SHALL BF c°uMt 1 County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- , of ALL ortDl- Inc. t Telegram,punt NANCES; PROVIDING A r TarrantCounty,Texas; who, duly Fort Worth, in and after beingsworn,did depose and say that the attached clippir PROVIDING OR CLAUSE'P - published in the above named paper on the .ted dates: TY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWS- SUBSCRIBED, ANPEFfECTIVE DAT AND E. E ME,THIS Tuesday,June 13, 2 SECTION 7. Any person, firm or corpo- ration who violates, dis- obeys, omits, neglects Notary or refuses to comply _ __ __ _ „ __ _ _ _ _ _ _ _„ with or who resists the DAWN M. KUYKENDALL enforcement of any of the provisions of this or- n more shall Twobe fined r), COMMISSION EXPIRES notn ol than 0.00) sand Dollars ease. Each SEPTEMBER 19,2009 for each offense. Each `��y� Thank You day that a violation is permitted to exist shall ent constitute a separate of- fense. _ _ ®PASSED AND APPROVED— BY THE CITY COUNCIL OF THE CITY OF SOUTH- LAKE, TEXAS, ON THIS THE 6th DAY OF JUNE, 2000. MAYOR RICK STACY Remit To: Customer ID: CIT57 ATTEST: CITY SECRETARYAND, APPROVED AS TO FORM: SOUTHLAKE E. ALLEN TAYLOR JR., Customer Name: CITY OF CITY ATTORNEY FORT WORTH, TX 76101-2051 Invoice Number: 173895401 Invoice Amount: $69.66 PO Number: Amount Enclosed: $ �� ��