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480-367CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-367 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 2C1 IN THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, AND BEING APPROXIMATELY 1.3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM " AG " AGRICULTURAL DISTRICT TO "SF -Lk" 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 under the City's Comprehensive Zoning Ordinance; and Page 1 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 Page 2 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, 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 TII E 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 2C 1 in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 1.3 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-IA" Single Family Residential District. Page 3 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 Page 4 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 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 t 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 Page 5 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 6 day of , 2001. MXVVR ATTEST: 00 H 0 _; •• f i ' 'te A vao CITY SECRETARY PASSED AND APPROVED on the 2nd reading the � day o , 2001. M A ATTEST: CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: 2 1oo EFFECTIVE: Page 7 EXHIBIT "A" Being Tract 2C1 in the Thomas M. Hood Survey, Abstract No. 706, and being approximately 1.3 acres. BEGINNING at a 5/8 inch rod found on the north line of a tract of land as described in deed to Michael L. Howard recorded in Volume 10973, Page 922 of said Deed Records, said point being the southeast corner of a tract of land as described in deed to Lynn M. Dixon and Valerie N. Dixon recorded in Volume 13555, Page 16 of said Deed Records; THENCE North 1 degree 07 minutes 16 seconds East, along the east line of said Dixon tract, a distance of 154.53 feet to a 5/8 inch rod found on the south line of a tract of land as described in deed to Greg Stewart recorded in Volume 11000, Page 199 of said Deed records; THENCE South 89 degrees 35 minutes 25 seconds East, along the south line of said Stewart tract, a distance of 452.70 feet to a point in S11ady Oaks Drive; THENCE South 00 degrees 37 minutes 30 seconds West, along Shady Oaks Drive, a distance of 154.27 feet to a point; THENCE North 89 degrees 37 minutes 30 seconds West, along the north line of the aforementioned Howard tract, a distance of 455.40 feet to the POINT OF BEGINNING and containing 1.61 acres of land. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 201531331 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/14/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20153133 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 6/14/01 T3ecr tion ►....... Col � CITY OF SOUTHLAKE TEXAS NOTICE I3580 1 117 117 LINE $6.08 $711.36 CITY OF SOUTH- Any person, firm or LAKE, TEXAS corporation who vio- NOTICE was hereby laces,disobeys,omits. given to all interested neglects or refuses to Net Amount: S711.36 persons that the City resi Ps theh enrfore� Council ofe,the City meet of any of the Southlake, Texas will revisions o this or- be holding a public p. hearing during there nota morehthan fined e city council ldo Thousand Dollars meeting to be held on $2 000.00) for each June 19,2001,,in will0 offense.Each day that p.m. The meeting will a violation is permitted be held in the City to exist shall consti- Council Chambers of tute a separate of- Town Hall, 1400 Main tense. Street, Southlake, Sandra L LeGrand Texas.Purpose of the SaCit Secretary hearing will be held C' of Southlake, regarding the follow- Texas ng CITY OF SOUTH- LAKE, TEXAS ORDINANCE NO. 480-367 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OFN S TTEXASS GRANTING ANGE COU ON ZONA G CERTAIN TRACT OF OR TRACTS OF LAND Bef of HI souTHLAKIY= in and for said County and State, .s day personally appeared Shalini Doss, Bid and Legal Coordinator for TEXAS BEING LE-)fished by the Star-Telegram, Inc. e': . rt Worth, in Tarrant County, Texas; and who, after being duly sworn,did GALLY DESCRIBED dep THE TRACT m 2C1 I ttached clipping of an advertisemer- vas published in tkc above named paper on the listed dates: M. HOOD • Y SURVE , -e 0 ABSTRACT SURVEY. 706.' AND BEING AP- Signed ,(.f7L PROXIMATELY 1.3 ACRES AND MORE SU FULLY AND C DE_IN TO BEFORE ME,THi5 Thursday, a 2001. SCRIBED IN EXHIBIT j v A' FROM "AG" AG- AG- RICULTURAL TO L"SF-1 DIS- TRICT " Notary Public SINGLE FAMILY - RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED CHRISTY L.HOLLAND YAWED IN THIS �►�r�"" ORDINANCE; COR- 'i° i FI RECTING THE ZONINGOF- ` '' MY COMMISSION EXPIRES _7., FICIAL ;/ I hal ALLP OTHER PRESERVING,...- al Payment „,,1 JULY 31,2004 TIONS OF THE ,W._•_... ZONING ORDI NANCE; DETER- MINING ��•�� �� �.., THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ING AND T� A M EREIN NAD MEE Ren HE N T S gram MADE Customer ID: CIT57 PROVIDING THAT THIS ORDINANCE I( 901051 Customer Name: CITY OF SOUTHLAKE SHALL BE CUMU- LATIVE •OF ALL ORDINANCES;iORTH, TX 76101-2051 Invoice Number: 201531331 PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- Invoice Amount: $711.36 LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR, ::;.,,„„•,„ ,.......- PUBLICATION IN THE OFFICIAL Amount Enclosed: ',$ NEWSPAPER; AND .... .... PROVIDING AN EF- FECTIVE DATE. SECTION 7 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 201909771 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/22/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 6/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20190977 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA CITY OF Publication Date: 6/22/0I SOUTHLAKE TEXAS CITY OF SOUTH s Description No o ion Col Depth Linage MU Rate Amount 480-367 AN ORDINANCE CITY OF SOUTH NANCEINO. ' '0 13580 1 110 110 LINE $6.08 $668.80 AMENDED, THE COMPREHENSIVE ZONING ORDI- Sales Discount NANCE OF THE CITY ($579.70) OF SOUTHLAKE, A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF $89 ]lo SS BEII GKLEGALI Y Net Amount: DESCRIBED AS TRACT 2C1 IN THE THOMAS M. HOOD SURVEY, AB- STRACT NO. 706, AND BEING AP- PROXIMATELY 1.3 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT A" FROM AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING THE STATE OF MAP; PRESERVING ALL R- County of Tarrar TIONS OTHE OF PTHE ZONING ORDI- NANCE; DETER- Before me, a No PUBLIC INTEREST aid County and State,this day personally appeared Tammie Bryant, Bid and Legal Coordinator for the Star-Tele MORALS AND GEN-; Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn,did ERAL WELFARE depose and say ING AHANHESZAND ing of an advertisement was published in the above named pa on the listed dates: AMENDMENTS HEREIN PROVIDING M E THAT THIS ORDINANCE SHALL BE CUMU- SUBSCRIBED Als LATIVE of ALL E ME,THIS Friday,June '9, 1. 1 ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A NotaryPublic PENALTY FOR VIO- CATIONS HEREOF; S.� PROVIDING A SAV- INGS CLAUSE PROVIDING FOF� PUBLICATION IN .;; •4,; CHRlSTY L.HOLLAND THE OFFICIAL NEWSPAPER AND MY COMMISSION EXPIRES PROVIDING AN EF- ;-'. 71, I FECTIVE DATE. JULY 31,2004 Thank You F SEO Any persoCTIn,N fir7 m or,,nt ""' corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this or- dinance shall be fined not more than Two Remit To: S Thousand Dollars Customer ID: CIT57 ($2,000.00) for each offense.Each day that P a violation is permitted Customer Name: CITY OF SOUTHLAKE to exist shall consti- tute a separate of- F PASSED AND AP-X 76101-2051 Invoice Number: 201909771 PROVED BY THE CITY COUNCIL IL OF Invoice Amount: $89.10 SOUTHLAKE, ON HS HE 19TH DAY OF JUNE, PO Number: 2001. MAYOR RICK STACY ATTEST: SANDRA L. Amount Enclosed: LEGRAND CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR JR., CITY' ATTORNEY