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480-384CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -384 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 LOTS 3 & 4, BLOCK 2, CONTINENTAL PARK ESTATES, AND BEING APPROXIMATELY 5.0 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF- 20B" SINGLE FAMILY RESIDENTIAL 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 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 "S17-2013" 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 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 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 Lots 3 & 4, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -98, Page 23, Plat Records, Tarrant County, Texas, and being approximately 5.0 acres, and more fully and completely described in Exhibit "A" from "SF -20B" Single Family Residential 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. 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 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 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 — d- day o , 2001. % 011111 # #% ATTEST: ,,,,S :tnS to �•�••••.....•*.• C Y SECRETARY PASSED AND APPROVED on the 2nd reading the Z— day of Z wm 1. W—AW iHliT7 0 pVTH(,q �� �5_ "'•• Pct ATTEST: g CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNE p- DATE: ADOPTED: EFFECTIVE AtMII'lG,(P 7 d J EXHIBIT "A" Being Lots 3 & 4, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -98, Page 23, Plat Records, Tarrant County, Texas, and being approximately 5.0 acres INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 207679711 FORT WORTH,TX 76102 Invoice Date: 11/16/01 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20767971 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn ACCOUNTS . PAYABLE Publication Date: 11/16/01 .ftVe:YAdo CITY OF SOUTHLAKE,TEXAS NOTIC I3580 1 97 97 LINE $6.08 $589.76 Sales Discount ($511.19) CITY OF SOUTHLAKE, TEXAS NOTICE was hereby given to all interested persons that the City Council of the City of Net Amount: $78.57 Southlake,Texas,will be holding a public hearing during the regular city council meeting to be held on November 26, 2001, at 7:00 p.m. The meeting will be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas. Purpose of the hearing will be held regarding the following CITY OF SOUTH- LAKE, TEXAS ORDINANCE NO. 480-384 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY • OF SOUTHLAKE TEXAS' GRANTING A ZONING CHANGE C ON A CERTAIN TRACT OR TRACTS THEOF LAND WITHIN CITY OF E S THLAKEINGLEGAELYbllc In and for said County and State,this y personally appeared Christy Holland, id and Legal Coordinator f DESCRIBED ASlublished by the Star-Telegram, Inc. at F t W r , in Tarrant County, exas; and ho, after being duly sworn,did d 2, CONTINENOTAL: attached clipping of an advertisement as u ishgd in the above n m -pap n th li ted dates: PARK ESTATES, AND BEING RE � �� —/ AP- PROXIMATELY 5.0 ACRES, AND MORE Signed FULLY AND COM- PLETELY DE- S SCRIBED IN EXHIBIT)RN TO BEFORE ME,THIS Monday, November 19, 2001. A FROM "SF-20B' SINGLE FAMILY RESIDENTIAL DIS- �/`; / /i} ç_ov _ TRACT SUBJECT TO ,///i'RE- QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING t' • MY COMMISSION EXPIRES ThyMAP; PRESERVING p ALL OTHER POR-Dur Payment ->� ?~ TIONS OF THE ,,stf�" AUGUST 28,2004 ZONING O R DI- - .............._...,.,,.., NANCE; DETER- WY"�`f"' MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ING ReA M E NDA MEE N T SS alegram Customer ID: CIT57 HEREIN MADE' PROVIDING THATDx 901051 THIS ORDINANCENCE Customer Name: CITY OF SOUTHLAKE SHALL BE CUMU- LATIVE of ALL ORDINANCES;WORTH TX 76101-2051 Invoice Number: 207679711 PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A Invoice Amount: $78.57 PENALTY FOR VIO- LATIONS HEREOF;SAV- 7� �7 INGS IDINGCLAUSE; TfO '`umber: PROVIDING FOR :::....................................................................... PUBLICATIONIN .: .......................................................................: THE - OFFICIAL Amount Enclosed: NEWSPAPER; AND :--- PROVIDING AN EF- FECTIVE DATE. Sandra L. LeGrand City Secretary City of Southlake, Texas INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 208146371 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/30/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 20814637 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 11/30/01 Description Location Col Depth Linage MU Rate , mount CITY OF SOUTHLAKE,TEXAS CITY 13580 1 110 110 LINE $6.08 $668.80 Sales Discount CITY OF SOUT CITY EOF ERAS ($579.70) SOUTHLAKE, TEXAS ORDINANCE NO. 480-384 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, THE Net Amount: $89•10 COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE,. TEXAS' GRANTING A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS THEOF LAND CITY WITHIN OF SBEFKLLLASINGEGA DESCRIBED AS LOTS 3 & 4, BLOCK 2, CONTINENTAL PARK ESTATES, AND BEING AP- PROXIMATELY 5.0 ACRES AND MORE AND FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "SF-20B" SINGLE FAMILY THE STATE OF TEXA' RESIDENTIAL DIS- TRICTCounty of Tarrant SILETS FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO Before me, a NotaryPiTHE SPECIFIC RE- SUBJECT QUIREMENTS CON- unty and State,this personally appeared Christy Hollan , Bid and Legal Coordinator ram, TAINED IN THIS for the Star-Telegram,9 ORDINANCE; COR-Telegram, Inc. at F rt or , in Tarrant County,Texas; an who, after being dui sworn, did depose and say that th RETIO FICIALNG TZOENI G an advertisemen a p lished in the above a ed pa on the listed dates: MAP; PRESERVING ALL OTHER POR- T OF THE Signed ZONING G ORDI- NANCE; DETER- SUBSCRIBED AND SW PUBLIC DETERMINING - THAT THIS Monday, December 3, 2001. MORALS AND GEN- ERAL WELFARE -. 0K2 DEMAND THE ZON- ING CHANGES AND Notary Public AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- VICKI L.WASON LATIVE OF ALLRINAC PROVIDINGNA SEV- " MY COMMISSION EXPIRES ERABILITY CLAUSE; Thank You For PROVIDING FOR A PENALTY FOR VIO- AUGUST 28,2004 LATIONS HEREOF; - .. ..- ..,... PROVIDING A SAV- INGS CLAUSE.;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER' AND PROVIDING AN EF- Star-T FECTIVE DATE. Customer ID: CIT57 SECTION 7. RemitTo. Any person, firit m or corporation who vio- P O fates,disobeys,omits,neglects or refuses to Customer Name: CITY OF SOUTHLAKE comply with or who FORT mentsofthanye Tr,ne 5101-2051 Invoice Number: 208146371 provisions of this or- dinance shall be fined not more than Two Invoice Amount: $89.10 Thousand Dollars ($2,000.00) for each offense.Each day that PO Number: a violation is permitted to exist shall consti- ........._................._„ ,..„,,,,».,,M,,,M,,,,...,:::.: tute a separate of-, Amount Enclosed: fence. PASSED AND AP- "" •• "' PROVED BY THE TCITY HE COUNCIL OF CITY OF TEX- ASS,ON ATHIS THE 26th DAY OF NO- VEMBER, 2001. MAYOR RICK STACY ATTEST: SANDRA L. LEGRAND