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480-371CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-371 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 3D1, 3D2A, AND 3D2 SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, AND BEING APPROXIMATELY 5.0 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 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 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 3131, 3132A, and 3D2 situated in the J.J. Freshour Survey, Abstract No. 521, and being approximately 5.0 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 at least ten (10) days before the second reading of this ordinance, and if this Page 5 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 -11— day of 2001. ��� MAY soUTH� •,, AN ue .►';ATTEST: 'm= * ** CITY SECRETARY PASSED AND APPROVED on the 2nd reading the � L day o 2001. g&....�F'•� MAY �- ATTEST: 091 ' C Y SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: Page 7 EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT That WHEREAS, L. L. Wesley is the owner of a part of the J. J. FRESHOUR SURVEY, Abstract No. 521 situated in the City of Southlake Tarrant County, Texas; embracing all of the 5 acres Tract described in the deed to L. L. Wesley recorded in volume 1477, page 347 of the Deed Records of Tarrant County, Texas and described by metes and bounds as follows: Beginning at the northwest corner of said 5 acres Tract in the approximate centerline of Florence Road and in the north line of the said FRESHOUR SURVEY, from which a 5/8" capped iron set bears south 30- 77/100 feet. Thence east, along the north line of said 5 acres Tract, 156- 30/100 feet to the northeast corner of said 5 acres Tract. Thence south, along the east line of said 5 acres Tract at 30- 77/100 feet passing a 5/8" capped iron set in all a distance of 1393 -50 /100 feet to a 60 d nail in fence corner post found for the southeast corner of said 5 acres Tract. Thence west, along the south line of said 5 acres Tract, 156- 30/100 feet to a 3/4" pipe found for the southwest corner of said 5 acres Tract and the southeast corner of the 5 acres Tract described in the deed to the City of Southlake recorded in volume 9145, page 46 of the said Deed Records. Thence north, along the west line of said 5 acres Tract and the east line of said City of Southlake Tract, 1393 - 50/100 feet to the place of beginning and containing 5 acres. The basis for bearings is the west line of said 5 acres Tract per deed call. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 203839561 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/10/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20383956 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/10/01 ....i:..::,::.::::::.:::.,.$., .i:il:,:a:i:nli`..al•:p:..::.::::::.....nli nm;.......:.:.,, .:.n;....... a„ �+ "%fY< CITY OF SOUTHLAKE TEXAS ORDINA 13580 1 106 106 LINE $6.08 $644.48 CITY OF SpIJTHLAKE TEXAS Sales Discount ORDINZE'NO. ($558.62) 480-3 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, • 'THE COMPREHENSIVE $85.g6 ZONING ORDI- NANCE OF THE CITY Net Amount: OF SOUTHLAKE TEXAS' GRANTING A ZONING CHANGE ON CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGALLY : DE- SCRIBED AS TRACTS 3D1 3D2A, AND 3D2 SITUATED IN THE J.J. FRE- SHOUR SURVEY, ABSTRACT NO.521, AND BEING • 'AP- PROXIMATELY 5.0 ACRES AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT THE STATE RICULL URALGn DAIS- Count of T TRICT TO "SF-1A" YSINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO Before me,a THE SPECIFIC RE- r said County and State,th. ay personally appeared Christy Holl nd,Bid and Legal Coordinator TOAINEIMEnINS THIS :he Star-Telegram, Inc. at or W th, in Tarrant County,Texas; nd who, after being duly sworn,did for the Star- 9 ORDINANCE 'depose and RECTING TFIE OF- pping of an advertiseme w s blished in the a povi amed p er o the listed da s: FICIAMALRVIN P; PRESE G / ,rJ��,f 1' ALL OTHER THE Signed (,iZ POR- TIONS OF THE �//j1i ZONING ORDI- NANCE; DETER- SUBSCRIBE MINING THAT THE )RE ME,THIS Friday,Aug t 10 2p01. PUBLIC INTEREST, / 'd MORALS AND GEN- ERAL / JJnn// td(200‘)*.; DEMAND HE ZON Notary Public i v ' ING CHANGES AND AMENDMENT - 1 HEREIN MADE; PROVIDING THAT _ THIS ORDINANCE SHALL BE CUMU- ...."w LATIVE OF ALL ,,i% VICKI L.WASON PROVIDING NAC SEV- , : ' MY COMMISSION EXPIRES ERABILITY CLAUSE; \. IN 1 PROVIDING FOR A L• „r." AUGUST 28,2004 PENALTY FOR VIO- ,,,�„„1'' CATIONS HEREOF; I lidJi i You PROVIDING A SAV- lent PROVIDININGS G FOR —._._...----- PUBLICATION THE ._..._.. IN THE OFFICIAL PROVIDINGRA AND EF- FECTIVE DATE Any person, firth or corporation, who its Customer ID: CIT57 latex•disobeys,emits, Relnit To: neglects or refuses to comply with enfo�e Customer Name: CITY OF SOUTHLAKE enforce- ment of any of the Provisions of this or- e shall be fined not more than Two TX 76101-2051 Invoice Number: 203839561 not m Thousand Dollars ($2,000.00) for each offense.Each da that Invoic e Amount: $85.86 a violation is permitted to exist shall consti- tute a separate of- PO Number: fence. 'PASSED AND AP- :::::::............_...... .................... PROVED THIS THE Amount Enclosed: ___ 7th DAY OF AU- ING THEOREGUL4R CITY COUNCIL MEETING. MAYOR: Rick Stacy ATTEST: Sandra L. LeGrand, City Sec- retary APPROVED AS- TO FORM: E.AIIen Tay- INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 203103921 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/22/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 7/31/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20310392 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Publication Date: 7/22/01 :r CITY OF SOUTHLAKE TEXAS NOTICE I3580 1 117 117 LINE $6.75 $789.75 g CITY OF Sales Discount NOTICE Aw s Therby ING CHANGES ND ($3,184.47) given to all interested AMENDMENT S persons that the City HEREIN MADE' Council of the City of PROVIDING THAT Misc Fee Southlake,Texas,will THIS ORDINANCE $2,551.50 be holding a public SHALL BE CUMU- hearing the regular LATIVE OF ALL city council meeting to I ORDINANCES; be held on August 7, PROVIDING A SEV- 2001,at 7:00p.m.The ERABILITY CLAUSE; ' meeting will be held PROVIDING FOR A in the City Council PENALTY FOR VJO- Chambers of Town CATIONS HEREOF; Net Amount: $156.78 Hall, 1400 Main PROVIDING A S Ni Street, Southlake. INGS CLAUSE Texas.Purpose of the PROVIDING FOR hearing will be held PUBLICATION IN regarding the follow- THE ' OFFICIAL ing: NEWSPAPER' AND CITY OF PROVIDING AN EF- SOUTHLAKE, TEXAS FECTIVE DATE. ORDINANCE NO. SECTION 7. 480-371 Any person, firm or AN ORDINANCE corporation who vio- AMENDING ORDI- lates,disobeys,omits, NANCE NO. 480 AS neglects or refuses to •AMENDED, 'THE comply with or who COMPREHENSIVE resists the enforce- ZONING ORDI- ment of any of the NANCE OF THE CITY provisions oft this OF SOUTHLAKE, ordinance shall be TEXAS;ING CHANGE fined not more than pl- N A CERTAIN tars Thousand 2 000.00)Dfor' Y STATE 01 T�RrACT OR TRACTS each offense. Each C ._.ity of Tarr THE F LAND D WITHIN day that a violation is SOUTHLAKE TEX- permitted to exist shall constitute a separate AS BEING LEGALLY offense. E:fore me, a P DESCRIBED AS.s Sandra L. LeGrand TRACTS 3D1, 3D2A, City Secrete his day personally appeared Christy Holland, Bid a d Legal Coordinator fc:the Star-Te IN DT3D2 SITU T ED:h` City of Southlake, TX Fo orth, in Tarrant County,Tex s; d who, a ter being duly sworn,did d:.pose and sa sFfOUR SURVEY, ping of an advertisement as u fished in the above name p p r on t fisted a s: ABSTRACT NO.521, . AND BEING AP- PROXIMATELY 5.0 ACRES, AND MORE' Signed FULLY AND COM-1 PLETELY DE- S_.'SCRIBED ACRFROM "AG" AG'RE Mc, THIS Monday,Jul 23, 2001. SINGLE FAM ILY LTURAL ILY ��`/ ^ 6 �I tt(5. �6 DIS- TRICT TO 'SF-1A" S RESIDENTIAL DIS- NotaryPublic TEEC-- H SPCIFIRE-- QUIREMENTS CON- TAINED IN THIS R:, OpR�DINANCE; COR- VICKI L.WASON FI RECTING THE OF- %� FICIAL ZONING 'mot Thank you MAP: OTHERERVVIINRG ,�� MY COMMISSION EXPIRES y ank ZONING OF ORDIE •e'nt R• w AUGUST 28,2004 NANCE; DETER- 0 .- --_..----- MINING THAT THE —....._....-........-.-'_--.--•...W.....-....... ......,..........:-•.....• -••••.'-••••-•• PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 203103921 Invoice Amount: $156.78 PO Number: Amount Enclosed: $ .