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480-418 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-418 01:FiI31AI. R£{30RD AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTItLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTItLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT IH, SITUATED IN THE J. THORNItlLL SURVEY, ABSTRACT NO. 1505, BEING APPROXIMATELY 0.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "SF-20A" 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 "RE" Single Family Page 1 Residential Estate District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said properly 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 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 a portion of Tract iH, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 0.80 acres, and mom fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "SF-20A" 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 am 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 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 fights 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 fifteen (15) 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 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 1st day of April, 2003. ...' ;.~o .. ........ :.. ,~ -, % '. .......... .' ,,,,- PASSED AND APPROVED on the 2"d reading the 15th day of April, 2003. ATTEST: CITY SECRETARY MAYOR .,, ,_o ..... ¥..-n~. ,,, ATTEST: ,,-,.~..' '..., .~,, CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CIT~ ATTORNEY DATE: ~'~0-~,.~ ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being a portion of Tract 1H, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 0.80 acres. .............. '~ ~ ...... , ............................... w~¢edy noP, h tine of sa~d Curb tract, at 32.24 ........ est ~omer of Lot a ~ ~ .......... B.o,-k 1, ,~h~mnet ,4,. Ph~e ~ shown on plat thc"eof ....... e ..... ab,, e A. Slide 3~. of the Ta~nl Counf¢ Pl~f Record. and continuing with the south l:ne of said ~, 9 ~nd fha south tine of ~ ~ ~ ;~ - .o ~ ~=,d Block ], in oil ~2.]6 feet; ...... · ..,.....uth 0 degrees]6 minutes West cnd parallel with the most westerly west line of said Curb trocf, 135.0 feet; THENCE No,dh 82 degrees, 46 minutes West and parallel with said most westedy north line of Curb froot and south line of Lob 9 and 8, 81ack 1, Chimney Hill, pct~ing the occupied east line of said Peytonville Rood. continuing in all 2~. 2.]6 feet to o point in said most westerly west line of Curb tract; THENCE North 0 degrees. 16 minutes East with said most westerly west line of Curb tract in said Peytonvilte Road, ]35.0 feet fo the PLACE OF BEGINNING, and containing 0.90 acre (39.150 square feef). - Page 8 EXHIBIT "B" Page 9 INVOICE ^- Star-Telegram Customer ID: CIT57 -- 400 W. 7th Street Invoice Number: 225796961 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/30/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22579696 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 3/30/03 Description Location Col Depth Linage MU Rate Amount NOTICE OF PUBLIC HE? NOTIC EAOF PUBLIC MAP;OTH RERVIN I?U 120 LINE $7.I 1 $853.80 Notice is hereby given TIONS OF THE by the City Council of ZONING ORDI- the City of Southlake, NANCE; DETER- Sales Discount Texas, that a public MINING THAT THE ($693.00) hearing will be held PUBLIC INTEREST, on April 15, 2003, at MORALS AND GEN- 6:00 p.m. or immedi- ERAL WELFARE ately following the DEMAND THE ZON- Work Sesggsion, during ING CHANGES AND the E N T S Council Meeting to be HEREIN D M MADE held in the City PROVIDING THAT Net Amount: $160.80 Council Chambers of THIS ORDINANCE Town Hall, 1400 Main SHALL BE CUMU- Street, Southlake, LATIVE OF ALL Texas.Purpose of the ORDINANCES;public hearing is to PROVIDING A SEV- IECErgE consider the second ERABILITY CLAUSE; reading of the fol- PROVIDING FOR A lowing ordinance: PENALTY FOR VIO- CITY OF SOUTH- LATIONS HEREOF; LAKE PROVIDING A SAV- ORDINANCE )0 , NO. INGS CLAUSE; _480-418 PROVIDING FOR �lf AN - ORDINANCE PUBLICATION IN AMENDING ORDI- THE OFFICIAL NANCE NO. 480 AS NEWSPAPER' AND I AMENDED, 'THE PROVIDING AN EF- I COMPREHENSIVE FECTIVE DATE. ZONING ORDI- SECTION 7. OFFICE OF CITY SFCHrTAFy; NANCE OF THE CITY Any person, firm or _ OF SOUTHLAKE, corporation who vio- TEXAS; GRANTING lates,disobeys,omits, A ZONING CHANGE neglects or refuses to ON A CERTAIN comply with or who TRACT OR TRACTS resists the enforce- THE STATE OF TEXAS OFE LAND CI WITHIN OF ment provi of any thiso ore THCounty of Tarrant SOUTHLAKE TEX- dinance shall be fined AS BEING LEGALLY not more than Two DESCRIBED AS A Thousand Dollars Before me, a Notary Public PORTION SITUATEDA IN T offennse.Echdaytn t rally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-Telegram, THE . THORNHILL a violation is permitted publ SURVEY, AB- to exist shall consti- 1 Tarrant County, Texas;and who,after being duly sworn, did depose and say that the attached clipping( BEING AC T APPROXI- fensea separate of- ,med paper on theist-. dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM 817 390 7182. MATELY0.80 City of Southlake ACRES, , \ ( ) ACRES,S, AND MORE Lori Farwell • FULLY AND COM- City Secretary PLETELY DE- ACRIBFROMEXHIRBE Signed .1_AL 1 �. SINGLE FAMILY RESIDENTIAL ES- SUBSCRIBED AND SWOF TATMIE LY D" SINICT GLISTR TOE IIS Tuesday,Awl0/ �f FA FAMILY RESIDEN- TIAL � �� DISTRICT SUBJECT TO THE Notary Public _ /1, � A.,,,..„A.,, SPECIFIC RE- QUIREMENTS CON- r TAINED IN THIS �' ORDINANCE; CORM • RECTING THE OF- e '.,, FICIAL ZONING 1 CHRISTY L.HOLLAND Thank You For Your Payment , �fr ') MY COMMISSION EXPIRES Af__JULY-3n4__ • _ _._.._..�_._ Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 225796961 Invoice Amount: $160.80 PO Number: Amount Enclosed: $..__.