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480-405CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-405 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 5BI SITUATED IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, AND BEING APPROXIMATELY 1.17 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" AgriculturaI 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 fights 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 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, 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 Tract 5B1 situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.17 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- lA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the Page 3 City of Southlake, Texas, to reflect the heroin changes in zoning. SECTION 3. That in ail 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 conm~unity. SECTION 5. That this ordinance shall be cumulative of alt 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. Page 4 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validily 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 Page 5 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 15th day of October, 2002. MA~OR ~ ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 5th day of November, 2002. ATTEST: CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: t'~ -7~' ' '? CITY ATTORNEY DATE' ADOPTED: I [ - EFFECTIVE: I I - Page 7 EXHIBIT "A" Being Tract 5B 1 situated in the Francis Throop Survey, Abstract No. 1511, and being approximately 1.17 acres. ._cgal. e~crl? u on ~ !.~7 Acres situateei in t~e FRANCIS THROOP SURVEY, Abstract 1511, Tarrant Csunty, Texas, a!so being that certain tract conveyed to-Yancy Robertson dba Ro.er.oon Re,~ta!s as recorded in Voiume 1380, Page 1952, Deed Records, Tarrant c2unty, Texas, and ~;eing more ?artlcularly described as follows: ~lNQata ~'~ , ~- ~. . 1,a ,nch ronrod foun~l~theeast line of County Road 502I (Carroii · e.ng .h.. ~o~t~ ,west corner of ~he here~n described tract; ~ c_as. along the south line of the herein described tract and the north line of Lot ~9 ;Vn o?er,ng De!l Estates as recorded in Volume 588-143, Page 40, Plat Records, Tarrart Coutnt. y, Texas, for a distance of 39~ ~ ~ * ..... e. toa 1/2 inch iron rod found for ,, ,.EN~2 North along the west line of a tract conveyed to 5.J. Knox et ux as recorded in , ~l~me !946, rage ~49, Deed Records, Tarrant County, Texas for a distance of ~ ~ 7.0 feet to the southeast corner of a tract conveye~ to T.A. 5owlin~ et ux as recorded in Volume 6387, Page 5~7, Deed Records, Terrant County, Texas; ;~HE~ West aie~g tr~e south ~ne of sa~d 5oMing tract for e ~i~tance of 390 3 feet ~n ~he ~roremee.lc, eed east [Me of County ~oa~ 3021; 7 HE~ Soutk~, a~o~g sai~ east [ina for a ~stance of 15i. Q feet to the POINT OF 5EG~NN~NG a~a,' * ~ - ~O ~ A NtNG . 7 acres of la~d, ~ore or Jess, as surveyed by Steven W. , ,.eg~t .r .a rofess~ona; I an~ >nrveyor ducM~ t~e 'nontk~ of October 1996. ,,~.o,. N~. 960~a~) Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 220880011 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 11/8/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22088001 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Publication Date: 11/8/02 Description: in' catIo lr-' -of bepth__ 'Linage ;1 U , , ,., unt CITY OF, CITY OF SOUTH-"AS ORDIN I3580 1 106 106 LINE $6.63 $702.78 LAKE, TEXAS ORDINANCE NO. 480-405 ($616.92)Sales Disc AME ND INAN I- NDING OORRDI- AMENDED 48 'IHE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, $85.86 TEXAS; GRANTING Net Amount: A ZONING CHANGE TRACT OR CERTAIN OF LAND WITHIN THE CITY OF D SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 5B1 SITU-, ATED IN THE FRANCIS THROOP SURVEY, AB- STRACT NO. 1511,i rJt-' AND BEING AP 2 2002 - PROXIMATELY 1.17 ACRES. AND MORE FULLY AND COM- PLETELY DE- ACRFROMNAGHAGIT( OFFICE OF CITY SECRETARY RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL TITHEST ITTBJCTO THE SPECIFIC RE- County QUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- Before FICIALNG THE Ind for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the PRESERVING d by ALL ,OTHER PRESERVING the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say ALL that th1 ZONING OF oTHElRDI- advertisement was published in the above named paper on the listed dates: BIDS ex LEGALS DEPT. STAR TELEGRAM (8 1 7) NANCE; DETER- MINWG THAT THE VOUVIA—AK\ � ^ Jl PUBLIC INTEREST, 1( MORALS AND GEN- ERAL WELFARE Signed DEMAND THE ZON- ING CHANGES AND AMENDMENTS. SUBS( HEREIN Mg6E O BEFORE ME, THIS Friday,Hove bei 1%,2002. PROVIDING THAT i THIS ORDINANCE /--SHALL BE CUMU- LATIVE OF ALL Notary Public i,4._i� Irm Al.�� / / Ze/tAJ ORDINANCES; — % PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR v10- 01•` CHRISTY L.HOLLAND CATIONS HEREOF; PROVIDING A SAV- (+ i Thank INGS CLAUSE MY COMMISSION EXPIRES PROVIDING FIN Payment l , i PUBLICATION IN ' JULY 31,2004 ____ THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vio- negadisobeys,t rrrs omits,ram Customer ID: CIT57 Remit comply with or who resists the yenforce- preovisi of saoof to s the)01051 Customer Name: CITY OF SOUTHLAKE dinance shall be fined not more than Two)RTH,TX 76101-2051 Invoice Number: 220880011 Thousand Dollars offense.Each dar y that Invoice Amount: $85.86 a violation is permitted to exist shall consti- tute a separate of- PO Number: PASSED AND AP- PROVED THIS THE 5th DAY OF NO- Amount Enclosed: VEMBER, 2002, DURING THE REG- ULAR CITY COUN- CIL MEETING. MAYOR: Rick Stacy ATTEST: Lori Farwell,I SAPCPROVED PROVEDaryAS TO FORM: E. Allen Tay- INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 220100831 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 10/18/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22010083 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Attn FINANCE .DEPT Publication Date: 10/18/02 Description Location Col Depth Linage MU Rat NOTICE PUBLIC HEARING NG Notic I3580 1 117 117 LINE $6.63 $775.71 Notice is hereby given by the City Council of the City of Sales Dis Texas, that a tpublic ($680.94) hearing will be held on November 5,2002, at 6:00 p.m. or im- mediately following the Work Session, during the Regular City Council Meeting Net Amount: $94.77 to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake• Texas. -------- — - Purpose of the public I�. —'\ hearing is to consider I i^, I ^� the second reading of J the following ordi- nance: --, ORDINANCE NO. 480-405 AN ORDINANCE — .1 (CT 2 4 2002 AMENDING ORDI- V NANCE NO. 480 AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE THE OF SOUTHLAKE, OFFICE OF CITY SECRETARY TEXAS' GRANTING A ON ZONINGCHANCERTAE IN • TRACT OR TRACTS THE S1 TTHE LAND CITYWIT OF SBEKLLLCOUnty ASINGEGA DESCRIBED AS TRACT 5B1 SITU- Before FRANCIS I THROOP nd for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the SURVEY, AB-1 by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say STRACT NO. 1511, that tilt AND BEING AP- advertisement was published in the above named paper on the listed dates: BIDS er LEGALS DEPT. STAR TELEGRAM PROXIMATELY 1.17 (B I 7) LL ACRES,AND MORE 1/ COLL.\ /I, j/^`J "A" FROM DE- V:)AlAk v lJ v. •`1"� SCRIBED IN EXHIBIT A" FROM AG" AG- Signed RICULTURAL DIS- TRICT TO 'SF-1A" INGLLY SUBSC RESIDENTIALA DIS- 3 BEFORE ME, THIS Saturday,October I9, 200 TRICT SUBJECT TO ` A�'l./` -,, ay THE SPECIFIC HIS UJ OUrGO,Y( RE- QUIREMENTS CON- ORDINANCE; IN THIS Notary Public ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVINGPOR- it; �e VICKI L.WASON ALL OTHER ':...'....„, TIONS OF THE ;i b�; hankZONING ORDI- .� 1" MY COMMISSION EXPIRES NANCE; DETER- MINING THAT THE Payment , 6rr�;,.: .__ PUBLIC INTEREST, 1,_ AUGUST 28,2004_.._. ..__ MORALS AND GEN- ERAL WELFARE —_ .,._, _._.. .,._.-. .._,_ ....__ _._ _, DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE PROVIDING THAT + Remit SHALL ORDINANCE CUMU-im Customer ID: CIT57 LATIVE OF ALL ORDINANCES:�1 051 Customer Name: CITY OF SOUTHLAKE PROVIDING A SEV- 1 ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS FOFI Invoice Amount: $94.77 PUBLICATION IN 1 4 THE OFFICIAL OE NEWSPAPER; AND PO Number: al PROVIDING AN El t. FECTIVE DATE. SECTION 7. Amount Enclosed: 1 Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- ment_ -- okkicF Oh CITA .?F ;: