Loading...
480-530 OFFICIAL RECCiiD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-530 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 WITIDN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 2C2 OF THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 1.0 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 TIDS 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 TIDS 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 of the City ofSouthlake, Texas, does fmd 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 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 SoutWake, 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 2C2 of the A.H. Chivers Survey, Abstract No. 299, being approximately 1.0 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", as subject to the following conditions: 1) Subject to Concept Plan Review Summary No.2, dated August 17,2007. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City ofSouthlake, 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 ofSouthlake, 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 ofthis 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 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 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. PASSED AND APPROVED on the 1st reading the 4th day of September, 2007. A~-~ ~ ~ MAYOR " ATTEST: ",,,III",,, ........\'OUTHI ~"'II .........,!<. S ........-=='~<<"'" f 0.... ....'* \ -.. ~ * ....... # ....... et1\-" :1-: :~: --. . - <.). . .- .. · :C/)E ~. . ~ ... ..... ':; .... .... I '" ........ ,'" " ...' IIII *** ........ "" '""""" PASSED AND APPROVED on the 2nd reading the 18th day of September, 2007. -~-~ YOR ",""11'", .........."OUTHI ~"IIII ...,'" ~~ ~ .......";"'~~" ... ~ .- .. ,'- ~ ~ 0 .- 9. ". -:. ::,)... ,,. * ........0:. S......: ~t'f\: - . .~- --. . - : <.). . .:: ; \ :fJJE ... .... ~, .... ....,$ " .......1iI ,~ .... IIII ** ....,.... 11"""",,, ATTEST: APPROVED AS TO FORM AND LEGALITY: Om-~ CITY ATTORNEY DATE: 11-20-0 ADOPTED:--.9-J~ -07 EFFECTIVE: q. 2J -07 EXHIBIT "A" Being Tract 2C2 of the A.H. Chivers Survey, Abstract No. 299, being approximately 1.0 acre. PROPERTY DESCRIPTION BEING a 1.001 acre (43,624 square foot) tract of land situated in theAH. Chivers Survey, Abstract No. 299, Tarrant County, Texas, and being an that tract of land described in deed to MUls Custom Homes recorded in County Clerf<'s File No. 0207164503, Official Public Records, Tarrant County, Texas, and being more particular1y described by metes and bounds as follows: BEGINNING at a 518 inch iron rod fOund for the common northeast comer of said Mills Tract and the southernmost southeast comer of lot 9. Block B of Carroll Meadows, an addition to the City of Southlake as shown on the plat recorded in Cabinet A. Slide 5945 of the Plat Records of Tarrant County, Texas and being in the west boundary line of a tract of land called Tract" as described in deed to George E & lue Ann Heat recorded in County Clerk's File No. 0204373667 of said Official Public Records, from which a 112 inch iron rod found with cap stamped "Landes" for the northwest comer of said Tract II bears North 00"20'21" East. a distance of 21.91 feet THENCE, South 00035'00. East, along the common east boundary line of said Mills Tract and the west boundary line of said Tract II. a distance of 172.06 feet to a 1/2 inch iron rod found with cap stamped .4888" for the southeast comer of said Mills Tract; THENCE, South 89039'16" West, along the south boundary line of said Mills Tract, a distance of 253.06 feet to a 112 inch iron rod found with cap stamped "488S" for the southeast comer of said Mills Tract; THENCE, North 00037'32" West, along the west boundary line of said Mills Tract. at 10.50 feet pass a point for the southeast comer of lot 3 of the AH. Chivers No. 299 Addition to the Citv: of Southlake as shown on the plat recorded in Cabinet A, Slide 3191 of said Plat Records. continuing along the common west boundary line of said Mills Tract and the east boundary line of said Lot 3, in all a distance of 172.63 feet to a 1/2 inch iron rod found with cap stamped "4888" for the common northwest comer of said Mills Tract and the northeast comer of said Lot 3 and being in the south boundary line of Lot S of the aforesaid Carroll Meadows Addition; THENCE, North Sgo46'59" East, along the common north boundary line of said Mills Tract and the south boundary line ot said lot 8 and the aforesaid Lot 9, a distance of 253.19 feet to the POINT OF BEGINNING and containing 1..001 acres of land or 43,624 square feel. 0[~~! t. 1(1 lb.,. Ih ,Jli ~-~!M ~ 1:11 nu ill f. EXHIBIT "B" CONCEPT PLAN _~_~AC1 __'_"WaAIO~""'MGIl.""lJlI NOwaav66Z~~'H'V.l.~O'1 ~ --. '~~-=I""'''''-'~~ ia~ < < ----,.=----...< , =1 Ii dJI~II' li ~ :Uif I: 'Iz h. '1 J Itil! J PIlI!: 1 ; iht~ 1 111 l~dJ Ii i ~!llfjJt II, Hi', I n iJ H!U r~ .IJ ',"I I .,11 I'll'! ,~ ~!I J'!h It H If ~ jf !Jl.' It~. flI Ii UifU, .! . i ..1 . " ,. J' I!I' I.~ u 'If..! '1 I' IJ 0 I.:. I; iff 1; It '~hil !' i I tIf !l !~I !ie: mIl! Iii -rll 'J!'," J;'!J Uti.': Ir 5 .... I'll 1 11'.v 1'1'1" ..; f II.! l!lH m d Jdi aU t .,1 ~ I j~ I , I I ! J I I I / i / I ,I / / : I I.!~ l ' , I E,- _~ l~ ~:i J I ~ p~~- 1~"''r1DIRID.K I;; i<:: d I ~~ . ~'i i!i I!! 1 ,__ ___Ji____ ~ I! Ii. !;- ii' . i! 9 , , ,. . ,i I~~.I il'"f! ! i I I, 'I Iii i! r ~ I. , Ii ; I., if! I i Ie f I Ii Ie dndil! · ., · V I .-, ' I .: i i ! ! j! i ~ ~"1 \ !~~E1 ro. 'a I ! - I ~!!! n IHHII \ \'" h'~ i 1 'i~ !! I: t! :1;d~E~!!~~~::3Iil s . ~~; ~i~"1 'ill i '1m LlqU! 111!1' ~ 'R fa .Iid ~q ~u TJ 1I1~ .8j !I !II ~H ill n. CONCEPT PLAN ENLARGEMENT .fl' ajU"iIlII" P"\II~ . ~ ~TlDIf1~ ~. PlP:iRll'Ill~ tLI'.11. t.l:.l LOT 9 ZONfIJ: SF -1 A LU,[l. ;;= lOW DlJISI1Y J;![S _r,U) " l'aI-A. 5aJn llaI I." fig _ M1C.T Vo\ll...... n\lJ' '1" ,^ ITYRES. LQT 10 ZQHrD; Sf-1" I-U.D..'" lOW OEJol51'l'r' RES '~',,:1~~1 POINT OF m~' BEGINNING - - - -- - - - -- -- - - - --- ~I>]it-~ 1p~ (Of:OIlGf: F .oIkLOU AN ccmo. D~D"373 0." .ltT C. T A1>OI11~M lilt :r~lILIr' k.~' I tau.' . I rn....cT . ZONED: A I-U.ll - I.tlW DEli . d fI!. II .If' d -~ iil lR^CT J W8>lERRA . SQUJHLAICE. LP. VOlcUt.lf. 12Ei16, p~, ~3~ D.R. T.e. T. INVOICE thaft Star -Telegram Customer ID: CIT57 400 W. 7TH STREET a �0 Invoice Number: 289119551 FORT WORTH, TX 76102- Invoice Date: 9/22/07 (817) 390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/07 Bill To: CITY OF SOUTHLAKE �� ��CRETARY OFFICE 011' ',} `J` PO Number: no po 1400 MAIN ST Order Number: 28911955 STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/22/07 Attn Attn: ACCOUNTS PAYABLE Description Locatio 001 Col' `;Depth Linage,'-' MU Rate Amount , CITY OF SOUTHLAKE ORDINANCE NO I3580 1 108 108 LINE $0.81 $87.48 Net Amount: OCT 1 P2 2007 CHR►5TYL.ti6tb4 -- MY COMMISSION EXPIRES July 31, 2008 THE STATE OF TEXAS County of Tarrant $87.48 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant county, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in th eove,named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Sepfemb¢J ft2007. Notary Public_ Thank You For Your Payment Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 289119551 Invoice Amount: $87.48 PO Number: no po Amount Enclosed: ;$ OF EHE corporation firm or vi- olates, who v omits, disobeys, refuses nts r to lecomply with or who resists the enforcement of of y thOf is a ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is 3ermitted to exist :hall y onstitute a Andy Payne, INVOICE • Str r-Te;egram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 288328791 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/31/07 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/07 Bill To: PO Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 28832879 STE 440 Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 8/31/07 Description K Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 1 22 122 LINE $0.81 $98.82 Net Amount: $98.82 RECEIVED SEP182007 OFFICE OF CITY SECRETARY THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in th above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 911t1Utllilllllll . AMARI� rr4� Signed `r,+ . •• N." SUBSCRIBED AND SWORN TO BEFORE ME,THIS Sunday,September 02,2007. • 4 '2 Notary Public (C,k ra = N) • I s ▪ OF Tti „ i91 10 \\\\\�+ Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 288328791 Invoice Amount: $98.82 PO Number: no po Amount Enclosed: $ s t. \--- CITY OF SOUTHLAKE_ Notice is hereby given by the City Council of the City of Southlake, Texas, that a public hearing will be held on September 18, 2007, at 5:00 p.m. or im- mediately Work (Session during the Regular City Council meeting to be held in the City CTown Hall, Cha 14 of 00 Main Street, South- lake,Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. 480-530 AN ORDINANCE AMENDING ORDI- NANCE NO.480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOGRTpNTINEG A , TEXAS; ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OFE LANDY WITHIN T OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS TRACT 2C2 OF THE A.H. CHIVERS SUR- VEY,ABSTRACT NO. 299 BEING AP- ' PROXIMATELY 1.0', ACRE, AND MORE FULLY AND COM- PLETELY SCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO 30" SINGLE FAMILY RESIDENTIAL DIS- TRICT,AS DEPICTED ON THE APPROVED VED CONCEPT ATTACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B",SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN IS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; ALOTHER PRESERVING PORTIONS OF THE ZONING ORDINANCE; DE- TERMINIG THAT THE PUBLIC INTER- EST, MORALS AND DEMAND THEFARE ZON- ING CHANGES AND AMENDMENTS MADE; HEREIN PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING CLAUSE- INGS PROVIDING FOR PUBLICATION THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVESECTION 7. Any person, firm or corporationd who disobeys, vi- olates, omits, neglects or refuses to comply with or who resists anythe enforcement of heprovisions of this ordinance shall be thaned not Two more ($ousand D 2,000.00) forollars each offense. Each day that a violation is permitted to exist shall constitute a separate offense. City of Southlake Lori Payne 1 City Secretary