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480-403CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-403 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 1E SITUATED IN THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350, AND BEING APPROXIMATELY 3.687 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 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 them is a necessity and need for the changes in zoning and has also found and determined that them 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, am 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 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 Tract 1E situated in the Joel W. Chivers Survey, Abstract No. 350, and being approximately 3.687 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" 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 Secreta~ 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 6th day of August, 2002. PASSED AND APPROVED on the 2nd reading the 20th day of August, 2002. ATTEST: AC~'~G,,v,,'q CITY SECRETARY',,," ....... APPROVED AS TO FORM AND LEGALITY: ADOPTED: EFFECTWE: 1011 I: RI- XiINNtN(i at a bound I /'" uan rod tit North White C'hal+rl Itoad, and smid it on rod being by decd call 495 2 tiaras. North () 'I degrees _ict mittules Fast, ol'the Southwest coiner ol'said Joel C'hivets Survey, I'1J11?NC F Soong 82 degrees 041 minutes tlo uconds east, passings at 42 20 1'eet a_f tuid 112" iron god lite Soullmem colltCi (if' Lot 1, Block (, Woodall Addition, an addition to the Ci1v ol'Southlake. 'ialrant Ctxuay, Texas, according to the plat thereof teccuded in Volume 188- IO2, Page 17, of the Plat Rmoodc of'I` 'arrant ("atanny. Texas. and continuing for a total distance of 432 80 1`cet to a set UY iron rod at the Southeast corner ol'said Lot 1 and lite Southwest cot tier of Lot-', THENCE South 71 degrees 27 Inmules gift secotxk Gast, along file South Irate ol'said Lot 2, a distance of 177 to (eet to a set 1/2" iron rod. 1llFNCF North 88 degrees 27 nuttote. Oo seconds Vass. conlinuing fill a total distance of 288 00 feel its a som I /2" iron iced at tit(! Southeast corner (IN lid lid I of 2 anal in the West line ol Called 2'; 0 acre graft as desc'titled rat deed to If C McPhearson_ recmded in Volume I(t4lt I . Page I S Ito ol'thc Heed Records of "I'artant Comity, 'texas, 1111:NCf; South ill deg ices 10 minutes tut seconds West, passing; lite Southwest corner of said hicPhearm+n tract and the Northern most, Northwest comet ol'it called to 2 -11 facie tract as desctthed in deed it; R E.. M Family Limited:': Partnership, teCordmi tit Volume 129 ', 1 ttf the: I)ee(1 Recoltis of* I'ait'ant Count% Texm. a total distance oI 167 60 feel to a wl 112" iron rail atan el corner of said It I. AI gamily tract, 'I'HENCF North 86 deutecs III minutes 00 seconds West, along, a North line ol'said R,1 111 Family tract. passing the Southern mom Nortim,"t coiner o(mid 11 1 %1 gamily tract, nand the Nalthwem colovt of tot ?,'mate Addiltln, all addition to the City ot'Somblakc. Imram Ctounl%, texas. accoldingt (4)11w plat thereol'tecoldediu Volume . 8R -1$7. Rage 2, ol'the Oeed Records ofTarraltt- county, Texas, a total distance uf'884 tltt feet It+ a point rat said North White '( "Ira oel Road, I't11:.N('I: Nollh 01 degt Les tot ntitalIes •12 seconds L ast. in said North WI tit c Chapel Road,. a (Iistance oQ22 iR legit to ttk POINT OF [ll- (;INNfNC` , and containing 160.580 scptarY feet or 3 687 acres oflarnf INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 218009881 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/25/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21800988 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 8/25/02 .... # t .-. , ... ..a.. .:. P .1 _ b CITY OF SO CITY F SOUTH- - I�APPROVED P ROVEDAIAS Tay- ORDINANCE 1 1 105 105 LINE $7.09 $744.45 ORDINANCE NO. tor, Jr. 480-403 ._ — AN ORDINANCE ($659.40) Sales DtSCUur AMENDING ORDI- AMENDED 480'rHE COMPREHENSIVE i ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE,TEXAS, GRANTING Net Amount: $85.05 A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 1E SITUAT- ED IN THE JOEL W. CHIVERS SURVEY, ABSTRACT NO. 350, AND BEING AP- PROXIMATELY MORE87 AS AND FULLY COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DIS- • TSPECIFIC SUBJECT THE THE STAT RE- QUIREMENTS CON- COUnty of ORDINID ANCE; COR FICIALNG TZONING. Before me, MAP: PRESERVING or said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star TIONS T HE OF PTHE the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who after beingdulysworn did depose and ZONING ORDI- g ' ' ' p say that the att NANCE; DETER-ertisement was published in the above named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM MINING THAT THE (817) 39C PUBLIC INTEREST, MORALS AND GEE- k..)\.,_) ERAL WELFARE ZON- ING CHANGES AND Signed AMENDMENTS HEREIPROVIDING MADE I` SUBSCRIBI THIS ORDINANCE EFORE ME, THIS Friday,Augus 3 002. SHALL BE CUMU- LATIVE OF ALL ORDINANCES, Notary Public ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR V10- - LATIONS HEREOF; 4, ,ef CHRISTY L.HOLLAND PROVIDING A SAV- INGS CLAUSE y �_ PROVIDING FOR MY COMMISSION EXPIRES Thank Y PUBLICATION IN tyment �'`` ' THE OFFICIAL Y i `11-Orie.' JULY 31,2004 ----- PROVIDNGRANAEF---- --- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- lates,disobeys,omits,j neglects or refuses to comply with or who 1 Customer ID: CIT57 Remit Tc resists the enforce- ment of any of the d Wanda shall beifined D51 Customer Name: CITY OF SOUTHLAKE not more than Two Thousand $2 000 00) for each I H,TX 76101-2051 Invoice Number: 218009881 offense.Each day that violationxispermitted Invoice Amount: $85.05 to exist shall consti- tute a separate of- fense. PO Number: PASSED AND AP- PROVED THIS THE 20th DAY OF AU- _. ____ GUST 2002 DUR- Amount Enclosed: ING THE REGULAR CITY COUNCIL ' MEETING. MAYOR: Rick Stacy ATTEST: Kim Bush, Acting City Secretary INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 217508611 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 8/9/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 8/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21750861 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 8/9/02 NOTICE OF PUBLICIm- NOTICE OF ON CT OR CERTAIN 1 111 111 LINE $6.63 $735.93 PUBLIC HEARING TOF LAND WITHIN Notice is hereby given THE CITY OF by the City Council of SOUTHLAKE TEX- Sales Discount the City of Southlake, AS BEING LEGALLY ($646.02) Texas, that a public DESCRIBED AS hearing will be held TRACT 1 E SITUAT- on August 20, 2002, SD IN THE JOEL W. at 6:00 p.m. or im- CHIVERS SURVEY mediately following ABSTRACT NO. 350, the Work Session, AND BEING AP- during the Regular PROXIMATELY Net Amount: $89.91 City Council Meeting 3.687 ACRES AND to be held in the City MORE FULLY AND Council Chambers of COMPLETELY DE- Town Hall, 1400 Main SCRIBED IN EXHIBIT Street, Southlake, A FROM "AG" AG- Texas. RICULTURAL DIS-I Purpose of the public TRICT TO 'SF-1A" hearing is to consider SINGLE FAMILY, the second reading of RESIDENTIAL DIS- the following ordi- TRICT SUBJECT TO M Hance: THE SPECIFIC RE- R E C E U E ORDINANCE NO. QUIREMENTS CON- VVV��� 480-403 TAINED IN THIS AN ORDINANCE ORDINANCE,' COR- AMENDING ORDI- RECTING THE OF- NANCE NO. 480 AS FICIAL 2pNIN( AMENDED THE MAP; pq gERVIN Q AUG ) COMPREHENSIVEE A OT R POR- AUG L 6 2002 12 ZONING ORDI- TIONS OF THE OFNA OF TH L.AKE TE SOUTH KE uQ N . A ZONING aR CHANGE j �- qD A ZONING ! uB TE E •THE STATE OF TEXAS P11610. ORALS AND RO N- OFFICE OF CITY SECRETARY ERAL WELFARE County of Tarrant INC CHANGES AND AMENDMENTS PROVIDING MTHAEY Before me,a Notary Public in and for said Cou THIS ORDINANCE ersonally appeared KAREN WILLIAMS, Bid and Legal Coordinator ram SHALL BE cuAu- for the Star-Teleg ram,, published by the Star TE O RIDES AON C ALL h,in Tarrant County,Texas;and who,after being duly sworn,did depose and say • that the attached clipping of an advertisement PROVIDING A SEV- e named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM (817) 390-7182. I PROVIDING LA FOR i a...Q.f_s_c_A......,„ PUBLICATION IN THE OFFICIAL NPROVIDING ANAND A. . FECTIVE DATE. SECTION 7. SUBSCRIBED AND SWORN TO BEFORE MEI Any person, firm or ISt 15 2002. cGrporatlon who vlo- latesdisobeys, is orerefuomits, es to , .. comply with or who LO(317)(1) 111- resists the enforce • - ment of any of the provisions of this or- dinance shall be fined >,,,r, *., VICKI L.WASON not more than Two a c. Thousand Dollars MY COMMISSION EXPIRES ($2,000.00) for each 4 offense.Each day that �. i Thank You For Your Payment to tion is conted AUGUST 28,2004 to exist shall consti- tute a separate of- tense. City of Southlake Kim Bush Acting City Secretary , Remit To: Star-Telegram Customer ID: CIT57 P.O.Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 217508611 Invoice Amount: $89.91 PO Number: Amount Enclosed: t$ • , • • OkkICE Ok cuA aNCUEIVIJA n IOUS ii-)) LI E- C it" II