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480-430OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-430 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 6F1, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 1.522 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" 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 Xl, 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 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 Page 2 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 6F1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1.522 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" 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. SECTION 3. Page 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 invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described Page 4 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 0 PASSED AND APPROVED on the 1st reading the day of February, 2004. ATTEST: ��` G J.ouoas�Q.� - > - CITY SECRETARY ••••' " "'�•••••• li PASSED AND APPROVED on the 2nd reading the bC day of February, 2004. MAYOR ATTEST: ,```%• HT CITY SECRETAIkY •' /o/ •1..yNy.• a> APPROVED AS TO FORM AND LEGALITY: _0�kJ5�4 CITY ATTORNEY DATE: 3, 9 0- 0q ADOPTED: a • I Ud EFFECTIVE: J • cl-m Page 6 D 0 . 3 1 Being Tract 6F1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1.522 acres. MIX 4 1.622 ,,iM TRACT OF LAND AS SITUATED IN TM JESSZ r^ AU" SDRVZY ABSTRACT 00 18. AND 84MO I*HAT CM?ArY TRACT OF LAND AS J 'L!8`D TO J RRY T. J{CcCJ:SNDON AS JUW" D IN' YOLI A °5881, A40J? 812. DEJ513 RMONW. rAMUS? CDtt= ?'J XA.S. AND AM IX MORE PARTJCULARLY DZSCRI,BED? BY J4tE= AND BOUNM AS FOLLOWS: DEGINAM ,AT A 1,/2 Iwo,IROJV ACD FOM AND BEIJVt: 7W SO MUAST COMM OY TIIB DSAtD McCU1tL M T ACr AND BEIJV Tfig llWr SOVTA TTY SOTJDPD45ST CORIVJL�I' OF A T'.RACr OF I. M AS DIZAND ° M A&BI`0N AALLA5 1+tiSS'J"DENT1AL ;LL 0, a TEXAS t�#ar OW ti"UU" y com AS RD1C.'OJ!EIxB'D IN VOZtWZ PACS 187, SAID DX= 1tE1G'0PM'AJM B&M IN TV J ?RT1f l'.ION OJP UJWQJW CW=Ii ROAD (Ca7uwr JROAD NO. wga THEWU S..80'!4'P" It. ALONG TBV ,aAIV Xf?ltFM LIJVX .ANA! SVVrA ,LiXV OF SAM 3fC=NWN T`BAG 148:00 F8$7 To A f1; INCH IJWJV JWD SBT AND BEIM TAT SMMNW T CVAW4 OF THE J1c=J0OX rA4CT. TJMWE N O*Lff'51" W, PASSING AT 8.14 - ?Z& TJW SOUTI<IEAST CORMZR OF TW. J..C..ALI,BN N0. M .4DDmax A5 R=RDED IN CABINET A. SI IIIE• ,25w. PLAT REC'QJpS. TARRANr ZvowT 2 : TJ. us. ANr PASSIJIV AT 28,.81 PZ47`TIiE SOZITUZAST CORDER OF LDr 8. SAID J.G. ALLEJST JAG 18 ADDITIQN. PASSING' AT 440. 68 PEET AND 2.75 FZZT TO RXhT iW VXZ A 5l8 J1c ntaA' ROD FtttTAJT. CONTIJVP M Ar •its -44 ^.47 F9?D;"T` TO A Y12 Lwu IRON R11D mTND AND strwc TIlE "JVOmI<mEAST COMM OP SAW LOT 8; rJTSA 2 S SM 48 X 150.92 FEET M. A 112 INCH "I,WM ROD SEAM AND B"M !"XTs' NORTHEAST coamn ar• z IE SA D J1ifcc(.8'TVDOm TRACT; T'hFMV'S 00 -57" W, 440.00 FEET TO TI S POINT OF BICIAWIX AND CONTAIND C 1. 522 ,ACCRES OF LAND MORE PR LESS. Page 7 INVOICE Print Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 237989861 FORT WORTH,TX 76102 817)390 7761 Invoice Date: 02/20/2004 '"ederal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 02/29/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23798986 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 02/20/2004 Dee + f4.. Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 102 102 LINE 0.';I $82.62 CITY OF SOUTHLAKE' — ORDINANCE NO.480-II PROVIDING FOR 430 PUBLICATION IN AN ORDINANCE THE OFFICIAL AMENDING EWSP NANCE NO. 480RAS PROVIDINGRANAEFD- AMENDED, 'THE FECTIVE DATE. Net Amount: $82.62 COMPREHENSIVE SECTION 7. I ZONING ORDI- Any person, firm or NANCE OF THE CITY corporation who vio- OF SOUTHLAKE fates,disobeys,omits, TEXAS; GRANTING neglects or refuses to A ZONING CHANGE I comply with or who ON A CERTAIN resists the enforce- TRACT OR TRACTS ment of any of the OF LAND WITHIN provisions of this or- THE CITY OF dinance shall be fined SOUTHLAKE TEX- not more than Two AS BEING LEGALLY Thousand Dollars DESCRIBED AS ($2,000.00) for each TRACT 6F1, SITU- offense.Each day that ATED IN THE J.G. a violation is permitted ALLEN SURVEY, to exist shall consti- ABSTRACT NO. 18, tute a separate of- BEING APPROXI-i fense. MATELY 1.522 PASSED AND AP- ., - • ACRES, AND MORE PROVED THIS THE FULLY AND COM- 17th DAY OF FEB- CHRISTY L.HOLLAND PLETELY DE- RUARY 2004 DUR- "A RFROM "AG" AG- CITYT�E COUNCIL L AR lh ` MY COMMISSION EXPIRES RICULTURAL DIS- MEETING. TRICT TO "SF-lA" MAYOR: Andy �'";A��„ JULY 31,2004 SINGLE FAMILY Wambsganss �_-.-.�...�,...,�._,..,i, RESIDENTIAL DIS- ATTEST: Lori Farwell, THE STAT TO City Secretary RE- County of QUIREMENTS TH IS CON- TAINEDH ORDINANCE; COR- RECTING THE OF- Before me, MAP;FICIAZONING L or said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Stal ALL OTHER POR- the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say TIONS OF THE that the ati ZONING ORDI- ertisement was published in the above named per on the listed dates;°; BIDS 8,1 LEGAL DEPT. STAR TLEGRAM NANCE- DETER- (817) 39 MINING' THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL DEMAND THEFARE ZON- Signed ING CHANGES AND AMENDMENTS SUBSCRIB PROVIIDING MADE EFORE ME, THIS Monday,March 01, 4 THISORDINANCE /-ifia-44 SHALL BE CUMU- LATIVE O ORDINANCES; Notary Public PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- Thank Yot INGS CLAUSE; ment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 237989861 Invoice Amount: $82.62 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 237161321 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 02/01/2004 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 02/29/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23716132 STE 440 Sales Rep: 073 CITY OF SOUTH}- , SOUTHLAKE, TX 76092-7604 LAKE Notice i$hereby given Description: CITY OF SOUTHLA by the City Southlake, Councilo Texas, that a public Publication Date: 02/01/2004 hearing will be held on February 17,2004, {.• * : at 6:00 p.m. or ing De 4h n+t IG�, d M Rater A.mo .nt > 011:a.tptal.+nnl thediately following p g �' the Work Session, � � �� Curying ouncil Regular CITY OF SOUTHLAKE Notice is he to be.rield in the City 115 115 LINE $1.34 $154.10 Council Chambers of Town Hall,1400 Main. Street, Southlake, Texas.Purpose of the consider@ he second $154.10 reading of the fol- Net Amount: ORDINANCE NO. 480-430 AN ORDINANCE AMENDING ORDI- AMENDED 48O'rHE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 6F1, SITU- ATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXI- MATELY 1.522 ACRES, AND MORE - FULLY AND COM- CHRISTY L.HOLLAND PLETELY DE- SCRIBED IN EXHIBIT (ilt MY COMMISSION EXPIRES THE STATE OF TEXAS A" FROM "AG" AG- TRICTTTO L"SF-1A" JULY 31,2004 County of Tarrant SINGLE FAMILY . RESIDENTIAL DIS- TRICT,Before me,a Notary Public in and for said Coun SUBJECT E O THE SPECIFIC RE- QUIREMENTS CON- for the Star-Telegram, ty 'ORDITAINENANCE; w THIS dly appeared Lisa Wesselman, Bid and Legal Coordinator g ,published by the Star Tele r oaD1NANCE; coR- that the attached clipping of an advertisement was FICIALNG TZN Tarrant County, xas;and who, after being d ly sworn, did depose and say (817) 390 7320 MAP; PRESERVINGed paper on the list d dates: BIDS 8T LEGAL EPT. STAR TLEGRAM ALL OTHER POR TIONS OF THE: ' ZONING ORDI_ MINING DET R MINING THAT T. i PUBLIC INTER£ T, MORALS AND'SUBSCRIBED AND SWORN TO BEFORE ME, 1 E AL THE A ERAL WELFAI�� f ING CHANGES AND 20 4 • AMENDMENTS'• HEREIN MADE PROVIDING THAT. (rA' THIS ORDINANCE. SHALL BE UMU- LATIVE OF ALL Thank You For Your Payment PROVIDING RABllu°i vGCLAUSE; PROVIDING FOR A .,...,„.,.-_.o,___ ._ ...... -PENALTY FOR VIO- ,m.. - ....., ,....:.,,�®,,.a. .�.,..m....®®——:— CATIONS HEREOF; PROVIDING A SAV-', INGS CLAUSE• ' PROVIDING FOR,' PUBLICATION IN THE OFFICIAL NEWSPAPER; AND Remit To: Star-Telegram PROVIDING AN EF- lustomer ID: CIT57 FECTIVE DATE. P.O. Box 901051 Any personONfi m qr 'ustomer Name: CITY OF SOUTHLAKE corporation who vio- FORT WORTH, TX 7E neglects or or refusesito voice Number: 237161321 comply with or who resists the enforce ment of any of the 1voice Amount: $154.10 provisions of this or- dinance shall be fined not more than Two 'O Number: 'Thousand Dollar& ($2,000.00) for each -........................................ - offense,Each day that a violation is permitted. ,mount Enclosed: • to exist shall f a 01.7 City of Southlake Lod Farwell City Secretary