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480-423CITY OF SOUTHLAKE, TEXAS OFFICIAL RECOR,- ORDINANCE NO. 480-423 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 3L, 3M, 3N, 3N1 & 3N2, SITUATED IN THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING APPROXIMATELY 14.6 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL 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 District and "SF -IA" Single Family Residential 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 Page 1 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 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 Page 2 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 Tracts 3L, 3M, 3N, 3N1 & 3N2, situated in the H. Granberry Survey, Abstract No. 581, being approximately 14.6 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF -lA" Single Family Residential District to "SF -20A" Single Family Residential 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. Page 3 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. 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 Page 4 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. 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. Page 5 PASSED AND APPROVED on the 1 reading the 5th day of August, 2003. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the 19 day of August, 2003. �%�'O%JTH AM Mm �ftft ATTEST: ��uTH''•,,. Qty 6( CITY SECRETA Y = v APPROVED S TO FORM AND LEGALITY: CITY ATTORNEY DATE: 11- 4 ADOPTED: Tlq- EFFECTIVE: 3.cto -f33 Page 6 EXHIBIT "A" Being Tracts 3L, 3M, 3N, 3N1 & 3N2, situated in the H. Granberry Survey, Abstract No. 581, being approximately 14.6 acres. FIELD NOTE DESCRIPTION ALL of that certain lot, tract or parcel of land situated in the HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581 in the City of Southlake, Tarrant County, Texas and being that same tract of land described in deed to Aaron Glenn and wife Devaney Glenn as recorded in Volume 14623, Page 384, Deed Records, Tarrant County, Texas and also being a portion of that same tract of land described in deed to Ronnie Malone and Michael D. Vouklizas as recorded in Volume 10904, Page 1307, said Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch steel rod with cap stamped "MOAK SURV INC" found in the easterly right —of —way line of South White Chapel Road (a variable width public right —of —way), said rod being the northwest corner of Lot 1R, Aubrey Estates, an Addition to the City of Southlake according to the plat recorded in Cabinet A, Slide 4514, Plat Records, Tarrant County, Texas from which a 1/2 inch steel rod found for the inner comer of said Lot 1R bears South 15 degrees 15 minutes 41 seconds East (the basis of bearings of the herein described tract) at 289.18 feet; THENCE South 75 degrees 22 minutes 37 seconds Nest across South White Chapel Road to a 1/2 inch steel rod found for the southeast corner of said Glenn tract, said rod being in the westerly right —of —way line of said road and being the PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE North 88 degrees 29 minutes 58 seconds Rest with the southerly boundary line of said Glenn tract a distance of 707.48 feet to a 1/2 inch steel rod with cap stamped "HORIZON SURVEY CO" found for the southwest corner of same; THENCE North 00 degrees 28 minutes 43 seconds East with the westerly boundary line of said Glenn tract, passing at 277.85 a 1/2 inch steel rod with cap stamped "HORIZON SURVEY CO" found from which a 5/8 inch steel rod found bears North 82 degrees 16 minutes 04 seconds East at 1.19 feet and continuing a total distance of 616.48 feet to a concrete monument found for the northwest comer of said Malone tract; THENCE South 89 degrees 24 minutes 40 seconds East with the northerly boundary line of said Malone tract a distance of 1258.69 feet to a 5/8 inch steel rod found in the westerly right —of —way line of said road, said rod being in a curve to the right whose center bears North 62 degrees 38 minutes 54 seconds Nest at 1146.50 feet: THENCE southwesterly with said right —of —way line and said curve through a central angle of 13 degrees 51 minutes 29 seconds and an arc length of 277.30 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set for the end of said curve to the right and the beginning of a curve to the left whose center bears South 48 degrees 47 minutes 26 seconds East a distance of 512.00 feet; THENCE southwesterly continuing with said right —of —way line and with said curve through a central angle of 10 degrees 41 minutes 55 seconds and an are length of 95.60 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set for the end of said curve; THENCE South 30 degrees 30 minutes 39 seconds Rest continuing with said right —of —way line a distance of 22.52 feet to a 1/2 inch steel rod with cap stamped "MOAK SURV INC" set for the beginning of a curve to the right whose center bears North 59 degrees 29 minutes 21 seconds Nest at 238.00 feet; THENCE southwesterly continuing with said right —of —way line and with said curve through a central angle of 06 degrees 47 minutes 16 seconds and an are length of 28.20 feet to a 1/2 inch steel rod with cap stamped "HORIZON SURVEY CO" found for the end of said curve, said rod being the northeast corner of said Glenn tract; THENCE South 49 degrees 17 minutes 25 seconds Nest with the easterly boundary line of said Glenn tract and continuing with said right —of —way line a distance of 419.05 feet to the PLACE OF BEGINNING and containing 14.6295 of land, more or less. Page 7 EXHIBIT "B" api N; i i:1 sak 0 K4 III if 9 �r. M r � e fa -gill O �I f TIE! !Ilf 0i 7 4 1 lij 1 a � =yo��:I �Yaye811� 1�� 3 s` ll�i j�*za I� �i£s F }� ��� e � . IN11 Kill, il Iii gri :w 11n Page 8 Yy I § -A,q j "; F t� Iii gri :w 11n Page 8 Yy I § -A,q j "; Iii gri :w 11n Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 230366941 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/3/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23036694 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/3/03 ems# i"P ra'A t-.�,,; '��°° .,. §��� �' �.�"ra�z� kr�v,'&P4 i 0 a..,,`.+s,''�ko 0 ��Dept� �,R,J�� I . ,�� � m me CITY OF SOUTHLAKE scs THaKE I3580 1 119 119 LINE $0.00 $0.00 Notice le hereby given Sales Discount 1 Texas that a tpubhc hearing will be held ($364.45) on Auupg gpust 19, 2003, mediatelp.m. mfolllowing r im- Misc Fee $523.91 the Work Session, during the Regular City Council Meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the Net Amount: $159.46 public hearing is to consider the second reading the fol- lowing ordinance: ORDINANCE NO. 480-423 AN ORDINANCE AMENDING ORDI- NANCE NO. 480,fAS AMENDED, COMPREHENSIVE ZONING ORDI- NANCE E (�(VUj E OFTHECITY CITY U \\3, OF SOUTHLAKE, A ZONING CHANGE ON A CERTAIN TCTS OFACLAND WIT OR THIN THE CITY OF n�6 SOUTHLAKE TEX- THE f1 STATE OF TEXAS AS BEING LEGALLY k DESCRIBED AS County of Tarrant TRACTS 3L,, 3M 3N, 3N1 8 3N2 SITU- ATED IN THE H. •FFICE OF CITY Before me,a NotaryPublic it VEY NBE ABSTRACT 1d State this day personally appeared KAREN W "• r ga oordinator for the Star-Telegram, No OX BEING n, Inc.at Fort Worth,in Tarrant County,Texas;and who,after beingdulysworn,did depose and g , pUbl15� 146 ROCXRIES, AND tyr p say that the attached clipping of MORE FULLY ANDablished in the abov named paper on the listed dates: BIDS ez LEGALS DEPT. STAR TELEGRAM (817) 390-7182. COMPLETELY IN EXHAG TY � A" FROM "AG",-;Isft , RICULTURAL ; TRICT AND FAMILY SINGLE Signed RESIDENTIAL DIS-, TRICT TO SF-20A SIN SUBSCRIBED AND SWORT GLE FAMILY RESIDENTIAL pis-S Friday,Augus 08 - TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS a,, Public OR INANCE,NG THE COR- rY ERDCTI OF- FICIAL ZONING - MAP; PRESERVING 'a;kY#�"' CHRISTY L.HOLLAND ALL OTHER POR 'O � TIONS OF THE r�I � �+5 Thank You For You ZONING DETERI_ ,a r( MY COMMISSION EXPIRES NANCE, .�!!!//����, MINING THAT THE >r10___ -L J_ 2nn4_ PUBLIC INTEREST, MORALS AND GEN- ERAL DEMAND THE ZON- ING CHANGES AND AMENDMENTS Star-Tele PROVIDING MADE Remit To: g THIS ORDINANCE Customer ID: C1T57 SHALL BE CUMU- P.O. Box ! RTIVDE N AON C ALL Customer Name: CITY OF SOUTHLAKE ERABILDITY CLAUSE; FORT WC PROVIDING FOR At-2051 Invoice Number: 230366941 PENALTY FOR VIO- LATIONS HEREOF;PROVIDING A SAS. Invoice Amount: $159.46 PROVIDING FOFI PUBLICATIOFFICIAL PO Number: THE NEWSPAPER; AND ..._,.�.,,,, _.. PROVIDING AN EF- $ FECTIVESECT DNTE 7. Amount Enclosed. Any person, firm or corporation who vio- lates,disobeys,omits, neglectsmlyoitrefuses who comply resists the enforce- ment _of-any of thre ♦nos n!.