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480-358CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-358 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 LOT M, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, AND BEING APPROXIMATELY 6.8 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF- lA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "RE" 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 "SF-1A" 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 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 thc 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 thc 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 conccntration 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 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, arc called for, and are in the best interest of the public at large, the citizens of the city of SouthIake, 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 OFSOUTHLAKE, 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 Lot M, Block 1, Old Orchard Country Estates, and being approximately 6.8 acres, and more fully and completely described in Exhibit "A" from "SF-iA" Single Family Residential District to "RE" 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. 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 bc 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 afl'ected 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 hcaring 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 thc 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 ~ day of ~, 2001. ,,'""'"'"o, MAYOR '~ ~'~ ,,,'% .,'_ o:. ........ .?~ . a. '~. 1TTF~T' ~ '... ...' ~ ~ t ~ .l h . / PASSED AND APPROVED on the 2nd reading the ~ day of ~ , 2001. MAYOR .- L-' .' '..m~*. ATTEST: ~ i .:-:- s., '.... ....' ~g '"',,,,'"" CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Being Lot M, Block 1, Old Orchard Country Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in cabinet 388-118, page 41, plat records, Tan:ant County, Texas, and being approximately 6.8 acres. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 190654651 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/6/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 19065465 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/6/01 I Description Location Col Depth Linage MU Rate Amount CITY OF SOUTH' &YE' TI V 1pTnlr ''t5R 1 111 111 LINE $6.09 $675.88 C, • Any person, firm o- 8O tim - corporation who vio- LIM lates disobeys, ne- glects c or refuses to ($585.97) Sales Discount ORDINANCE NO. comply with or who �0- resists the enforce- AN p�R! ANCE ment of any of the AANNEING ORDI- provisions of this or- AMENDING EE p. 48041141 notcfin moree sh thanll fined E not Two "r"PREHENSIVE Thousand Dollars ,?44.°+a,'NG ORDI- oo0.00) for each E OF T ense. Each day Net Amount: $89.91 OF that a 'violation is e� E i permitted to exist * PITING q N_ shall constitute a CHANGE ON A aAviefte offense. C_ AIN TRACTOR P KIVE AND HE T ACTS OF LAND PROVED BY THE CITY COUNCIL OF WITHIN THE CITY OF SOUTHLAKE, TTgHEU CITY OF TEXAS BEING LE- AS, ON THI'S THE GALLY DESCRIBED 3RD DAY OF APRIL, AS LOT NI,.BLOCK 2001. 1, OLD ORCHARD MAYOR RICK STACY COUNTRY ATTEST: TE AND SANDRA L. LEG- APPROXIMATELY6.8 ACRES ANDBANS, MORE FULLY AND CITYAPPROVEDDETARY COMPLETELY DE- M AS TO SCRIBED IN EXHIB- , FORM: IT"A"FROM"SF-1A" E. ALLEN TAYLOR, SINGLE FAMILY CITY ATTORNEY RESIDENTIAL DIS - TRICT TO "RE" RESIDENTIAL ES- N STATE C TATE DISTRICT SUBJECT TO THE County of T SPECIFIC RE- E S CON- TAINED INHHI Before me, .. R NG TNECOF- O -r skid County and State,this day personally appeared Shalini Doss, Bic and Legal Coordinator, for the Star- Telegram, p' MAP LPRESERVING gram, Inc. at Fort Worth, in Tarrant Counr , Texas;and who,after beIr;duly sworn,did depose and say that the attached chi ALL OTHER POR-:IY.IS published in the above named paper on the listed : TIONS OF THE ZONING DETERMIN- ING CETHATERTHE Signed PUBLIC INTER- --OtleddatEs ------ ESN_RAORALSL fAE D SUBSCRIBE FARE DEMAND THE FORE ME, THIS Monday,Ap II 0 , I. ZONING CHANGES '- Z:4 , AND AMENDMENTS PROVIDING MTHAY Notary Public THIS ORDINANCE T VELL OFF E ALL ORCUMUDI- NANCES, PROVID- ING A SEVERABILI_ _TY CLAUSE; PROVIDING FOR A A•"' ''''*,, CHRISTY L.HOLLAND PENALTY FOR VIO- 1 CATIONS HEREOF YIYle11t r "i Thank Yo PROVIDING A SAE_J"' F MY COMMISSION EXPIRES ——— INGS CLAUSE; PROVIDING PUBLICATION FOIN "`' '__'--`1 3T'2Q04—— THE OFFICIAL PROVIDING AN NEWSPAPER; AND EF- FECTIVE DATE. SECTION 7. Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 190654651 Invoice Amount: $89.91 PO Number: Amount Enclosed: - 1 INVOICE Star-Tei gr`I;I Customer ID: CIT57 490 W.7th Stret Invoice Number: 189871981 FORT WORTH,T`; ;'S102 on 390-776 Invoice Date: 3/23/01 Federal Tax :0 22-3 A:254 Terms: Net due in 21 days Due Date: 3/31/01 Bill To. PO Number: CITY OF SO JT0 ",KE 1410 MAIN SI Ordr•;-Number: 18987198 sT= 440 Saks Rep: 073 SOUTHLAKE. TX 76092-7604 Dest_raption: CITY OF SOUTHLA i'ubLe2Ition Date: 3/23/01 IDe$ ,_if u Location Col Depth _.If ?'v1� Rate Amount CITY F BOUT ' AKT., TEXASNOTIC I35S 1 119 '.i_ S6.09 $724.52 Sales i CITYF SOUTHLAKE. P THE SPECIFIC T TO RE ($628.13) TEXAS QUIREMENTS CON- NOTICE was hereby TAINED IN THIS given to all interested ORDINANCE; COR- persons that the City RECTING THE OF- Council of the City of FICIAL ZONING Southlake,Texas,will MAP; PRESERVING $96.39 be holding a public ALL OTHER POR- i't Akii,JUnt: hearing during the TIONS OF THE regular city council ZONING ORDI- meeting to be held on NANCE-DETERMIN- April 3 2001, at 7:00 ING THAT THE p.m.The meeting will PUBLIC INTEREST, be held in the City MORALS AND GEN- Council Chambers of ERAL WELFARE Town Hall,1400 Main DEMAND THE ZON- Street, Southlake, ING CHANGES AND Texas.Purpose of the AMENDMENT S hearing will be held HEREIN MADE; regarding the follow- PROVIDING THAT ing• THIS ORDINANCE CITY OF SHALL BE CUMULA- SOUTHLAKE, TIVE OF ALL ORDI- TEXAS NANCES; PROVID- ORDINANCE ING A SEVERABILI- NO. 480-358 TY CLAUSE; AN ORDINANCE PROVIDING FOR A AMENDING ORDI- PENALTY FOR VIO- NANCE NO. 480 AS LATIONS HEREOF; AMENDED, THE PROVIDING A SAV- COMPREHENSIVE INGS CLAUSE; ZONING ORDI- PROVIDING FOR xi NANCE OF THE PUBLICATION IN CITY OF SOUTH- THE OFFICIAL �AL LAKE, TEXAS; NEWSPAPER; AND GRANTING A ZON- PROVIDING AN EF-- ING CHANGE ON A FECTIVE DATE. CERTAIN TRACTOR SECTION 7. State, thisday personally pp Befc TRACTS OF LAND' Any person, firm or nally appeared Shalini Doss, Bid and Legal Coordinator, for the Star- WITHIN THE CITY corporation who vi , TeIE OF SOUTHLAKE, I lates, disoisobeyssTar-AntWorth, in Tar-Ant County, Texas; and who,after being duly sworn, did depose and say that the at.a TEXAS BEING LE- • omits,toneglectscomply or with the SPoye named paper on :he listed dat GALLY DESCRIBED ' fuses with AS, LOT M BLOCK or who resists the 1. OLD ORCHARD enforcement of any of COUNTRY ES- the provisions of this fined TATES, AND BEING ordinance shall be APPROXIMATELY fined not more than 6.8 ACRES, AND lags Thousand))Dol- Monda Marc 26 01. SUL MORE FULLY AND each(offen0.001 for y� COMPLETELY DE- SCRIBED IN EXHIB- day that a violation is IT"A"FRC VI"SF-1A" Permitted to exist SINGLE FAMILY shall constitute a lotary Public _- RESIDENTIAL DIS- separate offense. TRICT TO "RE" Sandra L. LeGrand RESIDENTIAL ES- City Secretary _ TATE DISTRICT, City of - - Southlake, Texas —1 A. ''°- CHRISTY L.HOLLANt) / !'l'• * MY COMMISSION EXPIRES ?:?ar<"' DULY 31,2004 1 Thar- i o_ ayment .1 Rem -t `o: 'St,ir-T..: 2ran1 Customer ID: CIT57 " "l ' 901051 Customer Name: CITY OF SOUTHLAKE `,,'OI:TH, TX i 6101-2051 Invoice Number: 189871981 Invoice Amount: $96.39 PO Number: Amount Enclosed: