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480-408CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-408 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 6R, 7R, AND 39R1, BLOCK 2, CONTINENTAL PARK ESTATES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF-20B" SINGLE FAMILY RESIDENTIAL 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 "SF-20B" Single Family Residential 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 irmnediately 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 Lot 6R, 7R, and 39R 1, Block 2, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat as recorded in Volume 388-121, Page 59, Plat Records, Tarrant County, Texas, and more fully and completely described in Exhibit "A" from "SF-20B" Single Family Residential 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 cormnunity. 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 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its Page 5 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 Charier 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 19th day of November, 2002. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the 3rd day of December, 2002. Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNE~ DATE: ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being Lot 6R, 7R, and 39R1, Block 2, Continental Park Estates, an addition to the City of Southlake, Tan'ant County, Texas, according to the plat as recorded in Volume 388-121, Page 59, Plat Records, Tarrant County, Texas. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 221842261 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/6/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 12/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22184226 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 12/6/02 Description Location Col Depth Linage MU Rate Amount CIll CILAOFTEOXAS !TEXASORDIN 135S0 I I ; IU I.INI. $6.63 $682.89 ORDI480-408 NO. AN ORDINANCE Sale NANCE NO. 80G 1 ($599.46) AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE - --- - CITY OF SOUTH- ! LAKE TEXAS GRANTING A ZON- ING CHANGE ON A Net Amount: $83.43 CERTINRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE, TEXAS BE- ING LEGALLY DE- SCRIBED AS LOTS BLOCK AND 2, CONTI- NENTAL NENTAL PARK ES- TATES AND MORE FULLY AND COM- LETELY DE- SCRIBED P T "AROM "SF- 20B"SINGLE FAMILY RESIDEN- TIAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDEN- T AL DISTRICT, SUBJECT TO TE SPECIFIC RE- THE QUIREMENTS CON- TAINED IN THIS COUn ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING Befor ALL OTHER POR- I and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator TIONS OF THE for t ZONING ORDI- led by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas; and who,after being duly sworn, did depose and say NANCE DETER- that t MINING THAT THE an advertisement was published in th bove named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM (817 PUBLIC INTEREST .... ........ ...04.:1„,., MORALS AND \'\ ERAL WELFARERE DEMAND THE ZON- Signed ING CHANGES AND ( ) AMENDMENTS HEREIN MADE; PROVIDING THAT SUBS THIS ORDINANCE TO BEFORE ME, THIS Monday, D ce er 9, 2902. SHALL BE CUMU- LATIVE OFF ALLALL ORDINANCES' PROVIDINGNotary Publi , .1&"" ERABILIT SV- Y � CLAUSE; PROVID- INTTG FOR AVIOLA-L- TIONS HEREOF' PROVIDING A SAV- INGS o�� `, CHRISTY L.HOLLAND CLAUSE Thank G FOR PUBLICATION IN r Payment `r MY COMMISSION EXPIRES THE OFFICIAL ———- NEWSPAPER; AND„_-„,„„,_ .-"f,�.•°:_....__.. � PROVIDINGFECTIVE DATE.N SECTION SECTION 7. Any person, firm or late,disobeys,omits, Remitneglects or refuses to comply with or who-am Customer ID: CIT57 resists the enforce- ment of any of the provisions shall beifi ed 01051 Customer Name: CITY OF SOUTHLAKEn , Thousandot more than Two RTH, TX 76101-2051 Invoice Number: 221842261 Dollars ($2,000.00) for each offense.Each day that ta oviolationxis is shall ranted Invoice Amount: $83.43 to exist shall consti- tute a separate of- fense. PO Number: PROVED THIS THE 3rd DAY DURINGR THEOF REG- Amount Enclosed: $ PASSED AND A - DE- ULAR CITY COUN- CIL MEETING. MAYOR: Rick Stacy ATTEST: Lori Farwell, City Secretary INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 221411601 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 11/22/02 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: 22141160 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 11/22/02 Description Location Col Depth Linage MU Rate Amount NOTIC NOTICE EAORINGBLIC [RING Notic 13580 1 113 1 13 LINI_ S6.63 $749.19 Notice is hereby given by the City Council of the City of Southlake, Sales D Texas, that a public ($657.66) hearing will be held on December 3,2002, at 6:00 p.m. or im- mediately following the Work Session, during the Regular City Council Meeting $91.53 to be held in the City Net Amount: Council Chambers of Town Hall,1400 Main, Southlake Texas. Purpose of the public hearing is to consider the second reading of •the following ordi- nance: • ORDINANCE NO. 480-408 AN ORDINANCE - I.AMENDING ORDI- ANANCE NO.MENDED, 480THE COMPREHENSIVE sr-` ZONING ORDI- _' NANCE OF THE CITY f OF SOUTHLAKE, I TEXAS GRANTING1 A ZONING CHANGE ON A CERTAIN OFFICE OF CITY SECRETARY f TRACT OR TRACTS OF LAND WITHIN , THE CITY OF THE SOUTHLAKE TEX- AS BEING LEGALLY COUn DESCRIBED AS ..LOTS 6R, 7R, AND , 39R1, BLOCK 2, NNENTAL Befor'•PARK T I ESTATES,1 and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for th ANDD COOMEPLETELY led by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say Rthat t H BIT"A"FROM..SF_ n advertisement was published in the above named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM 8 1 7 I- LYB SINGLE RESIDENTIAL \ -0•&.9.JYA 1\ � \J (` o '/\\�1�I 1 ��✓^1RIS IDE T TO IS- " v �/�-` 11A' SINGLE FAMILYRESIDENTIAL DI O Signed TRICT SUBJECT TO g THE SPECIFIC RE- QUIREMENTS CON- SUBS TAINED IN THIS TO BEFORE ME, THIS Saturday,Novem ey;2 ,2002. ORDINANCE; COD- RELYING THE OF- ILIAL ZONING Notary MAP; PRESERVING N Public ALL OTHER POD- TIONS OF THE ZONING ORDI- NANCE; DETER- •MINING THAT THE PUBLIC INTEREST, _ r•e MORALS AND GEN- Thank ', CHRISTY L.HpLLAND DEMA ND THEL ZON Payment ING CHANGES AND'• I ��' MY COMMISSION EXPIRES ---- AMENDMENTS j HEREIN PROVIDING NTHAI` . � JULY 31,2004 I, THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; •Remit ERABILITY CLAUSE;,ram Customer ID: CIT57 PROVIDING FOR A PENALTYATION FOR EOIF;)01051 Customer Name: CITY OF SOUTHLAKE PROVIDING A SAV- INGS PROVIDING CLAFoF)RTH TX 76101-2051 Invoice Number: 221411601 PUBLICATION IN THE OFFICIAL PROVIDING AND Invoice Amount: $91.53 EF- FECTIVE DATE. SECTION 7. PO Number: Any person, firm or corporation who vio- lates,dsobeomits, Amount Enclosed:neglects or refuses to comply with or who 3 resists the enforce- ment of any of the provisions of this or- dinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each' offense.Fach day that