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480-425OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-425 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 2B & 2C, C. DART SURVEY, ABSTRACT NO. 2003, BEING APPROXIMATELY 2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" 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 X1, 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 Tracts 2B & 2C, C. Dart Survey, Abstract No. 2003, being approximately 2 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. 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 invalid, Page 4 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 19 day of August, 2003. ATTEST: 5 OU TN Ok ••. ....... •• �q f �.,, CITY SECRETARY •' •• ti PASSED AND APPROVED on the 2 °d reading the 2 °d day of September, 2003. ATTEST: ����" "S111 .0 Ty CITY SECRETARY +' •' �'' APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: 9 Page 6 ADOPTED: '9A- 63 EXHIBIT "A" Tracts 2B & 2C, C. Dart Survey, Abstract No. 2003, being approximately 2 acres. 488 459 7k4A 2 AC TR #8 a 7A4C AC AC I AC AC 2 t L Page 7 INVOICE Star-Telegram Customer ID: C1T57 400 W.7th Street Invoice Number: 231078351 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/21/03 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: 23107835 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/21/03 4? � , £ �- g " �.� F , t ,, a :: f � $ I w,, , Rate Amo . �. . 3, ,t ,, .. d.v,, .. ..«... ,,, ,- ,,,,,,,,,a, CITY OF SOUTHLAKE Notice is he 13580 1 113 113 LINE $0.00 $0.00 CITY OF Sales Discount SOUTHLAKENotice is hereby given THE OFFICIAL by the City Council of NEWSPAPER; AND the City of Southlake, PROVIDING AN EF- Texas, that a public FECTIVE DATE. hearing will be held SECTION 7. Misc Fee on September 2, Any person, firm or $481.75 2003, at 6:00 p.m, or corporation who vio- immediately following lates,disobeys,omits, the Work Session, neglects or refuses to during the Regular comply with or who City Council Meeting resists the enforce- to be held in the City ment of any of the $91.53 Council Chambers of provisions of this or- Net Amount: Town Hall, 1400 Main dinance shall be fined Street, Southlake, not more than Two Texas.Purpose of the Thousand Dollars public hearing is to ($2,000.00) for each consider the second offense.Each day that reading of the fol- a violation is permitted lowing ordinance: to exist shall consti- ORDINANCE NO. tute a separate of- 480-425 Tense. AN ORDINANCE City of Southlake AMENDING ORDI- Lori Farwell NANCE NO. 480 AS City Secretary AMENDED, THE - COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS;ING CHANGE ON A CERTAIN THE STATE OFA LAND WITHIN County of Ta THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS Before me,a TRACTS 2B&2C,C. wnty and State,this day personally appeared Christy Holland, Bid and Legal Coordinator DART SURVEY AB- for the Star-1 STRACT NO. 2003, Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the atta( MATELY 2 ACREXS t was published\OR 0 THE INTERNET in the above named paper on the listed dates: BIDS 8t LEGAL DEPT. STAI AND MORE LETELY 817 390- DESCRIBED IN EX- HIBIT"A"FROM"AG" AGRICULTURAL DISTRICT TO "SF- 1A" SINGLE FAMILY Signed RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- SUBSCRIBEI QUIREMENTS CON- TAINED IN THIS IE, THIS Thursday,Au st 28,7 3. ORDINANCE; COR- RECTING THE OFFILdaDdY\ MAP LPRESERVING Notary Public ALLOTHER POR- TIONS OF THE ,�1s- VICKI L.WASON o ZONING ORDI- + NANCE; DETER- • •• MY COMMISSION EXPIRES Thank Yo PUBLIC INTEREST, t i I. ' `j MORALS AND GEN- a •,` AUGUST 28,2004 y ERAL WELFARE LL^ DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE cuA Remit To: AL Customer ID: CIT57 ORIDINANCES PROVIDING A USE- ERABILITY CLAUSE; Customer Name: CITY OF SOUTHLAKE - PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; 76101-2051 Invoice Number: 231078351 PROVIDING A SAV- P OVIDING FLAOF Invoice Amount: $91.53 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 231684981 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/5/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 9/30/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 23168498 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 9/5/03 A.,,,-A, CITY OF SOUTHLAKT" " CITY OF TEMBER, 2003, 1 101 101 LINE $0.00 SOUTHLAKE DURING THE REG- ORDINANCE NO. 480-425 ULAR CITY COUN- CIL MEETING. Mist Fee AN ORDINANCE- MAYOR: AMENDING ORDI Andy Wambsganss $81.81 NANCE NO. 480,rHE ATTEST: Lon Farwell, AMENDED, City Secretary ZONING EHE ORDI- NANCE OF THE CITY OF SOUTHLAKE A ZONING CHANGE Net Amount: $81.81 ON A CERTAIN TRACT OR TRACTS', OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS DARTTSURVEY,,AB- STRACT NO. 2003, BEING APPROXI- MATELY 2 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT"A"FROM"AG" AGRICULTURAL DISTRICT TO "SF- 1A' SINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS THE STATE OF TEXAS ORDINANCE; CORI - County of Tarrant FICIALNG TEZON NG MAP: PRESERVING ALL OTHER POR- Before me,a Nota TIONS OF THE ry Pub ZONING oTDI-y and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-Telegram, NANCE; DETER- County, beingduly p say g p MINING THAT THE gram, Inc.at Fort Worth, in Tarrant Texas; and who, after sworn, did depose and that the attached clippin PUBLIC INTEREST,spublished in the above named paper on the listed dates: BIDS&LEGALS DEQT. STAR TELEGRAM MORALS AND GEN- p p (817) 390-7182. ERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS 1 \_ HEREIN MADE' SI ned ` J PROVIDING THAT g THIS ORDINANCE SHALL BE CUMU- SUBSCRIBED AND SW LATIVE OF ALL'HIS Tuesday, Sep[e ber 0 , 2003. ORDINANCES; Y PROVIDING A SEV- USE,ERABILITY CLAUSE;PENALDTY FOR VIONotary Public LATIONS HEREOF;1 _PROVIDING A SAV- INGSCD)HOLLANDVIC—geJ CLAUSE PROVIDING FOR'HIS PUBLICATION IN �, *' MY COMMISSION EXPIRES THE OFFICIAL Thank You For Yc NEWSPAPER' ANDi PROVIDING AN EF- '.,.,.` JULY 31,2004 FECTIVE SECTION T7. Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who Star-Tel' resists the enforce- Customer ID: C1T57 Remit To: � ment of any of the D provisions of this or- P.O. Boa notes morehthan fined Thousand Dollars Customer Name: CITY OF SOUTHLAKE o$2.000.00' for each FORT W offense.Each da that a violation is perm 01-2051 Invoice Number: 231684981 to exist shall consti- tute a separate of- fense. Invoice Amount: $81.81 PASSED THIS THE 2ND DAY OF SEP- PO Number: Amount Enclosed: $