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480-396CITY OF SOUTHLAKE, TEXAS R=RD ORDINANCE NO. 480-396 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 A PORTION OF LOT 1, BLOCK A, MILNER ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE AS RECORDED IN CABINET A, SLIDE 147, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING APPROXIMATELY 2.1972 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 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 Page 1 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 Page 2 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 a portion of Lot 1, Block A, Milner Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 147, Plat Records, Tarrant County, Texas, and being approximately 2.1972 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1A" 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, Page 4 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 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. I� , PASSED AND APPROVED on the 1st reading the �� day of , 2002. r . ATTEST: 0 \}TH[,g k o • • tN • : • ••''•••...•••'•• ACTI G CITY SECRETARY PASSED AND APPROVED on the 2nd reading the - day of , 2002. (36Z -- MAY R \1111111 •`�- IITH�� ATTEST: i U • ' C) * * \ ACT G CITY SECRETARY ' � Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: S�y /D Z Page 7 EXHIBIT A" Being a portion of Lot 1, Block A, Milner Addition, an addition to the City of Southlake as recorded in Cabinet A, Slide 147, Plat Records, Tarrant County, Texas, and being approximately 2.1972 acres. 4t uZJua BOUNDARY DESCRIPTION A tract of land situated in the William W. Hall Survey, Abstract No. 687, in the City of Southlake, Tarrant County, Texas, and being part of Lot 1, Block A of the "Milner Addition ", an addition to the City of Southlake recorded in Cabinet A Page 147 in the Tarrant County Map Records, and being part of the called 54.61 acres tract described in the deed to JGJ, Inc. recorded in Volume 6784 Page 939 in the Tarrant County Deed Records; and being more particularly described as follows: COMMENCING at a found concrete monument at the southwest corner of said Lot 1, being also the southeast corner of Lot 9 Block 5 of "Chapel Downs ", an addition to the City of Southlake recorded in Cabinet A Slide 386 in the Tarrant County Map Records; THENCE North 89 0 35'47" East 538.00 feet along the north side of Block 1 Of "Mission Hill Estates ", a addition to the City of Southlake recorded in Volume 388 -163 Page 89 in the Tarrant County Map Records to a set' /z -inch iron rod with C &P cap for the POINT OF BEGINNING; THENCE North 00 °24'14" West 337.00 feet to a set 1 / - inch iron rod with C &P cap; THENCE South 89 0 35'47" East 284.00 feet to a set 1 /2-inch iron rod with C &P cap; THENCE South 00 East 337.00 feet to a set 1 /2-inch iron rod with C &P cap; THENCE South 89 0 35'47" West 284.00 feet along the north side of Lot 14RA "Revised Mission Hill Estates" an addition to the City of Southlake recorded in Volume 388 -191 Page 31 in the Tarrant County Map Records, and continuing along the north side said "Mission Hill Estates ", to the Point of Beginning and Containing 2.1972 acres of land more or less. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 214162011 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 5/10/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 5/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21416201 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 5/10/02 �� �� x 9 ` 2b o #firs _ t . '. Y ix, CITY OF S� SOUTHLAKEOFTEXAS S ORDIN 13580 1 107 107 LINE $6.08 $650.56 ORDINANCE NO. 480-396 Sales Discot AAMENDING INORDIE- NANCE NO. 480,_A ($563.89) AMENDED, COMPREHE ORDIE- ZONING NANCE OF THE CITY OOF ASS GRANTING �ZONIANC3 CERTCAIN Net Amount: $86.67 TRACTpND WITH N THE CITY TEXF SOUTHLAKE AS BEING LEGALLY DESCRIBED AS A PO TION OF LOT t BLOCK A, MILNEFI ADDITION, AN AD- DITION TOTHE CITY RECORDEDAKE AN CABINET A, SpLAT RE TAR- RANTT i...OBEING TEXAS AND BEING gpPRbXIMATELY 2 1972 AC• RES, AND COMPLETELY ADE THE STATE C -A FREOMNAGHIAG- County of Tan TRRICTT TO L"SF-1 Y RESIDENTIALA DIS Before me,a N QU RTEMENTS CON- for aid County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator the Star Tel ?INFO IN THIS Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say that the attache RECTINGCTHE oF-ement was published in the ab ve named paper on the listed dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM (817) 390-71 1 FICIAL ZONING MAr: PRESERVING CA, l/�' 12__L-, ALL OTHER POR- TIONS OF ORDE ZONING DETER- Signed MINING THAT THE PUBLIC INTEREST, SUBSCRIBED A MORALS AND GEN- ERAL WELFARE E ME, THIS Thursday,May 16 DEMAND THE ZON- ING CHAGMGES AND A M EC N M MADE Notary Public HEREIN PROVIDING THIS ORDINANCE SHALL BE UMU- 411 r"" VICKI L.WASON LATIVE OF ALL' ORDINANES;' *) MY COMMISSION EXPIRES PROVIDING ACC SEV- ERABILITY CLAUSE; ',�+,�^��_• Thank You F PROVIDING A SAV- nt ?,, e' AUGUST 28,2004 INGS CLAUSE PROVIDING FOFI THELICATI OFFICIAL NEWSPAPER AND PROVIDING AN EF- FECTIVE E Remit To: St corporatio n who woof Isles,disobeys,omits, Customer ID: CIT57 neglects,oth o�who P. es s sy the yenfor�e- Customer Name: CITY OF SOUTHLAKE FO p ovisIons of this for f an durance shall be finedo 76101-2051 Invoice Number: 214162011 not more thaDollars Thousand for each Invoice Amount: $86.67 ($2,uosead ) that offense.Each day, a violation is permitted PO Number: tute xat separate"Of- fe"Se Amount Enclosed: 1$ 1 PASSED AND AP PROVED THIS THE 7TH DDAURINGM CITY 2002 I I R CITY COUNCILMEETING. MAYOR Rick StaBush, ATTEST: Kim Acting City SAseta 16 APPROVED T FORM. E Allen Tay- _ — INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 213321901 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 4/19/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21332190 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 4/19/02 2146;teats,al, > 8, 444 ' n `i H .. >� � , 9r�ti . i k r'I! NOTICE OF PUBLIC HEARING CITY I3580 1 125 125 LINE $6.08 $760.00 NOTICE OF PUBLIC CCi -1�v was hereby Sales Discount g UTHLAKE, TEXAS ($658.75) NOTICEFG given to all Interests&,, persons that the City Council of the City of Southlake,Texas,will be holding a public hearing during the $101.25 regular city council Net Amount: meeting to be held on May 7, 2002, at 6:00 p m. or immediately following the work session.The meeting will be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, TesgPur. ose of the regaraingxa the follow- inBRDINANCE NO. IgECEAED 480-3DI96 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, tVE APR 2 6 ), O? ZONING HENSIVE Hrl( L.IJIJ Z NING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS* GRANTING THE STATE A ZONING CHANGE County of Tar TRACT OR TRACTS OFFICE OF CITY SECRETARY i TTHE LAND CITY WITHIN OF Before me,a UTHING LLAKEEGATLLY id County and State,this day personally appeared CHRISTY L. HOLLAND, Bid and Legal Coordinator A s E for the Star-Tel P RIB OF LOT 14 >tar-Telegram, Inc.at Fort rth, in Tarrant County,Texas;and who,after b ing duly sworn,did depose and say that the attache BL ptic A' MILAND ment was published in th a7ve amed paper on the listed dates: BIDS 8t L GALS DEPT. STAR TEL GRAM (817) 390-71ADDITION TO THE CAITY RD- LAKE ASS RECORD- ED IN CABINET A ipill / ,li SLIDE 147, PLAY` Signed RECORDS, TAR- RANT COUNTY, SUBSCRIBED E APPROX AND tE ME, THIS Monday,A ril 22 2 2. - 2.1972 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT Notary Public "A" FROM "AG" AG-' RICULTURAL DIS- 1 VICKI L.WASON TRICT TO "SF-1A" SINGLE FAMILY `I . Ml'COMMISSION EXPIRES RESIDENTIAL DIS- TRICT SUBJECT TO Thank You QUREMENT CON- ent `Y AUGUST 28,2004 TAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING ALL OTHER POR- TIONS OF THE ZONING DETER- Remit To: PUBLIC INTEREST Customer ID: CIT57 MORALS AND GEN- ERAL THEWELFARE Customer Name: CITY OF SOUTHLAKE ZON- ING CHANGES AND AMENDMENTS D M MADE X 76101-2051 Invoice Number: 213321901 PROVIDING THA-1 THIS ORDINANCE Invoice Amount: $101.25 SHALL BE CUMU- LATIVE PO Number: PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A Amount Enclosed: PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EF- FECTIVE DATE. corporation'who viol lates, is or refuses to comply with or who resists the enforce- ment of any of the provisions shall beifined not more than Two Thousand Dollars ($2,000.00) for each offense.Each day that a violation is permitted to exist shall consti- tute a separate of- tense. Kim Bush Acting City Secretary City of Southlake, Texas