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480-541CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-541 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 LOT 1B, BLOCK 1, ARNOLD ESTATES & LOT 2132A, BLOCK 1, BURNETT ACRES ADDITION, BEING APPROXIMATELY 4.30 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "SF -2" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B ", 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 Residential Estate District and "SFAK Single Family Residential 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 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 legally described as Lot 113, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet `A', Slide 387 and Volume 388 -171, Page 21, Plat Records, Tarrant County, Texas, being approximately 4.30 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District and "SF -1A" Single Family Residential District to "SF -2" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B." 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 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 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 18th day of December, 2007. MAYOR ATTEST: I Pa CITY SECRET o`` uTH9�q�.''•e 0 •,tom ;Ch - - *�* � PASSED AND APPROVED on the 2nd reading the 15th day of January, 200f. MAYOR ATTEST: CITY SECRET APPROVED/AS TO FORM AND LEGALITY: nn CITY ATTORNE Y :z DATE: /1 ADOPTED: X15 D� 50v 0 • ee .=� i e EFFECTIVE: I -19.08 EXHIBIT "A" Being legally described as Lot 1 B, Block 1, Arnold Estates & Lot 262A, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet `A', Slide 387 and Volume 388 -171, Page 21, Plat Records, Tarrant County, Texas, being approximately 4.30 acres. EXHIBIT "B" Aerial Exhibit Boundary Exhibit <I—z . 0 Tho mas How _�s. »_. w_.w _._c »�R n__, «w »»U k�- _.m+ ._C_ ■» < �K$ c +2/ t aoWa a � k ): 253 02 ft - --- 20 feat vAdo �/ f\ — .— -- - - 0 . co K a. 5¢ - — .__— ..... ;. §% . 7f . } � E few r .te VW . met k/ ■® 42 k} #. ] ,! ° EA ~ $ �W )# (� 2/ §§ f `� | ■ ! )} K )k f & | m ° z 7 ! C) cli : � a � � 0 � � INVOICE g * nn Star-Telegram Customer ID: C1T57 400 W.7TH STREET Invoice Number: 292446591 FORT WORTH,TX 76102 RECEIVE (817)390-7761 Invoice Date: 12/22/07 Federal Tax ID 22-3148254 dAN - 2008 Terms: Net due in 21 days 7Due Date: 12/31/07 Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: no po 1400 MAIN ST Order Number: 29244659 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 12/22/07 Description AAMEND NGDINORDE_ Location Col Depth Linage MU Rate Amount NANCE NO. 480, AS CITY AMENDED, THE m CITYO Notic e is hereby gven ZONINGEHENORDI- 135ov i i�7 LINE $0.81 $102.87 by the City Council NANCE OF THE CITY of the City of OF SOUTHLAKE, Southlake, Texas, TEXAS; GRANTING Sales Di that a public hearing A ZONING CHANGE ($10.00) will be held on Jan- ON A CERTAIN uary 15,2008,at 5:00 TRACT OR TRACTS p.m. lwing the following di 0 Work THEITTF LANDWITHIN oOF Misc Fe; Session, during the SOUTHLAKE TEX- $10.00 Regular City Council AS BEING LEGALLY meeting to be held DESCRIBED AS LOT in the City Council 1B, BLOCK 1, AR- Chambers of Town NOLD ESTATES & Hall, 1400 Main LOT 2B2A,BLOCK 1, Street, Southlake BURNETT ACRES Texas. Purose ofthe public hearing is APPIROTION XIMAT BEING the Net Amount: $102.87 to consider the sec- 4.30 ACRES, AND ond reading MORE FULLY followinggo theAND ordinance: COMPLETELY DE- qaT�t/�rr' �� ORDINANCE SCRIBED IN EXHIBIT RE _ NO. 480-541 "A" FROM SINGLE FAMILY RESIDENTIAL ES- ^ TATE DISTRICT AND ,�rn,l'� �oo "SF-1A" SINGLE FAMILY RESIDEN- TIAL DISTRICT TO SINGLE - - FAMILY RESIDEN- .+'��u,"''' CHRIS TIAL DISTRICT, AS • DEPICTED ON THE riA �' MY COMMISSION EXPIRES APPROVED CON- ;*c CEPT PLAN AT- :. +Yr= July 31,2008 TACHED HERETO %9'• AND INCORPORAT- 1 ''%tiiVfn� ED HEREIN AS EX- THE STATE OF TEXAS HIBIT"B", SUBJECT TO THE SPECIFIC County of Tarrant REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- Before me,a Notary Public CIAL ZONING MAP;'and State,this day personally appeared Deborah Baylor. Bid and Legal Coordinator for the Star- PRESERVING ALL Telegram,published by the OTHER PORTION NSt Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an adv, OORDINERA NG; THATDE-led in t above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 THE PUBLIC INTER- EST, MORALS AND GENERAL WELFARE p DEMAND THE ZON- ING CHANGES AND Signed4,,, ,,__ AMENDMENTS \ HEREIN MADE; �� SUBSCRIBED AND SWOP THIISV1D1ORDINANCE'HIS Wednesday, ece b r 6,2007. SHALL BE CUMU- LATIVE OF ALL VRDINAV DUNG AE SEVER- Notary Public iii,,,J ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; Thank You For Yoi PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ——— PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, disobeys, Remit To: Star-Tell ore fmuse s to its, neglects or Customer ID: CIT57 comply with or who resists P.O. BO" the enforcement e provisions of Customer Name: CITY OF SOUTHLAKE of this ordinance FORT VI mope b thaned Two101-2051 Invoice Number: 292446591 ' Thousand Dollars offense. ) for each Invoice Amount: $102.87 offense. Each day ' that a violation is permitted toexist PO Number: no po shall constitute a Separate offense. ' City of Southlake - ' Lori Payne Amount Enclosed: " City Secretary , INVOICE Draft Only Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECE1' ED Invoice Number: 293282531 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/18/08 Federal Tax ID 22-3148254 3AN 2 9 2008 Terms: Net due in 21 days Due Date: 1/31/08 Bill To:CITY OF SOUTHLAKE c[{CE C . C� SE"((�� REIAR PO Number: NOPO 1400 MAIN ST OC` Order Number: 29328253 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 1/18/08 I Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I3580 1 114 114 LINE $0.81 $92.34 Misc Fee $5.00 Net Amount: $97.34 RECEIVED �''�'�' CHRISTY L.HOLLMID JA N 2 6 1008 MY COMMISSION EXPIRES t `�: July 31,2008 BY: THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Signed `�,� 0 . SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, anu-', • 008. / la,pj i lb. Notary Public Ai ' . l7 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 293282531 Invoice Amount: $97.34 PO Number: NOPO Amount Enclosed: $ Legal Notices CITY OF SOUTHLAKE ORDINANCE NO. 480-541 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY DESCRIBED AS LOT 1B, BLOCK 1, AR- NOLD ESTATES & LOT 2B2A,BLOCK 1, BURNETT ACRES ADDITION, BEING APPROXIMATELY 4.30 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ES- TATE DISTRICT AND "SF-1A" SINGLE FAMILY RESIDEN- TIAL DISTRICT TO "SF-2" SINGLE FAMILY RESIDEN- TIAL DISTRICT, AS DEPICTED ON THE APPROVED CON- CEPT PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT"B",SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING REC iJ ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- EST, MORALS AND /t I.I 'iI H GENERAL WELFARE h11V DEMAND THE ZON- ING CHANGES AND AMENDMENTS HEREIN MADE; �yJ. PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PRO- VIDING A SEVER- ABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vi- olates, 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. PASSED AND AP- PROVED THIS THE 15th DAY OF JAN- UARY, 2008, DUR- ING THE REGULAR CITY COUNCIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Payne, City Secretary