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480-449CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-449 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 A PORTION OF LOT 3R1, BLOCK A, WHITE CHAPEL PLACE ADDITION, BEING APPROXIMATELY 0.248 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -lA" SINGLE FAMILY RESIDENTIAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 -IA" 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 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, Page 2 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 a portion of Lot 3R1, Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 4062, Plat Records, Tarrant County, Texas, and being approximately 0.248 acres, and more fully and completely described in Exhibit "A" from "SF-IA" Single Family Residential District to "RE" Single Family Residential Estate District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Page 3 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 Page 4 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. Page 5 PASSED AND APPROVED on the 1st reading the 19 day of October, 2004. -1 a� e . ATTEST: 4 ` Q . CITY SECRETAR PASSED AND APPROVED on the 2nd reading the 9 day of November, 2004. MAYOR ATTEST: a- ClfY SECRETARY APPROVED AS TO FORM AND LEGALITY: ATTORNEY O 1 1-3 ADOPTED: I / -`x EFFECTIVE: / / -/) - 64 o` 50UTH,!�.� ' m • Cif Page 6 L . v• 0 0 • 0. • 0 0 • co o` 50UTH,!�.� ' m • Cif Page 6 EXHIBIT "A" Being a portion of Lot 3RI, Block A, White Chapel Place Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet 'A', Slide 4062, Plat Records, Tarrant County, Texas, and being approximately 0.248 acres. Iggectilliol SITUATED in the City of Southlake, Tarrant County; Texas. and being a portion of LOT 3RI, BLOCK& WHITE CHAPEL PLACE ADDITION, as shown on plat thereof recorded in Cabinet A. Slide 4062, of the Tarrant County Plat Records, and said portion being more fully described as follows: BEGINNING at the northwest corner of said Lot 3RI and the southwest comer of Lot 11, Hkam Granberry No. 581 Addition, as shown on plat thereof recorded in Cabinet A. Slide 5904, of said Deed Records, said point being in the easterly line of South White Chapel Boulevard (89 foot wide right-of-way at this point per plats of record) THENCE North 89 degrees, 28 minutes, 04 seconds East With the common line between said Lots 3R1 and 11, at 612.67 feet passing the southeast comer of said Lot 11, continuing with the common line between said Lot 3R I and Lot 2R4, Block A, White Chapel Place Addition, as shown on plat thereof recorded in Cabinet A. Slide 1897, of said Plat Records, in all 635.43 feet to the northeast comer of said Lot 3RI and an "L" comer in said Lot 2R4; THENCE South 0 degrees, 10 minutes, 47 seconds West with the east line of sold Lot 3RI and the most easterly west line of said Lot 2R4, 17.0 feet: THENCE South 89 degrees, 28 minutes, 04 seconds West and parallel with and 17.0 feet southerly from said northerly line of Lot 3RI and southerly line of Lot 11, 635.47 feet to a point in said easterly line of South White Chapel Boulevard and the west line of said Lot 3R 1; THENCE North 0 degrees, 19 minutes, 44 seconds East with said west line of Lot 3RI and easterly line of South White Chapel Boulevard, 17.0 feet to the PLACE OF BEGINNING. and containing 10,803 square feet ((3.2480 acre). Page 7 INVOICE Preview Star-Telegram Customer ID: CIT57 400 W. 7th Street ___ - Invoice Number: 248746381 FORT WORTH,TX 76102.; . , 1` N D VI (817)390-7761 Invoice Date: 11/12/04 Federal Tax ID 22 3148254:.' Y # Terms: Net due in 21 days DEC i 5 2004 Ell .,� Due Date: 11/30/04 Bill To: L -.-.-- PO Number: CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST Order Number: 24874638 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Putblication Date: 11/12/04 12/04 • ` g e. I I 11 3 cx cripon § E :-fro,—,,,,CITY s t CITY OF SOUTHLAKE O' oRolae tadgNo' 13580 1 105 105 LINE $0.81 $85.05 AN p{ORRDINANCE NMECE.NppO. 48NG 01�AS C.ME a MIENS VV�E� AA 'SOFT IE Ilk Net Amount: $85.05 F SOUTH KE, TEXAS,- GRANTING ZON CG TROACT OR OR TRACTS THE OF LA CITY WITHI OF SEINKLLYABGEGA DESCRIBED AS A PORTION OF LOT 3R1 BLOCK A, WHITE CHAPEL PLACE ADDITION, BEING APPROXI- MATELY 0.248 ACRES, AND MORE FULLY AND COM- PLETELY I SCRIBED IN EXHIBIT SINGLE FAMILY FAMIL TRICIDENTIIAAL RIE" SINGLE FAMILY :•*\V(Vs CHRISTY L,HOLLAND RESIDENTIAL ES- `.*: *1 MY COMMISSION EXPIRES TATE DISTRICT = • SUBJECT TO THE -...A. ...•O July 31,2008 SPECIFIC RE- '•f„QJ;;.,. THE STATE OF TEXAS TOAINED ENTSIN TOH- IS County of Tarrant ORDINANCE; COR- RECTING THE OF- FICIAL ZONING Before me,a NotaryPublic MAP;L O PRESERVING and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, publ ZONING ORDI-am, Inc.at Fort Worth,in Tarrant County,Texas; and who, after being duly sworn, did depose and say NANCE; DETER- that the attached clipping( MINING THAT THE published in the abov named paper on the listed dates: BIDS 8z LEGAL DEPT. STAR TLEGRAM PUBLIC INTEREST, (817) 390-7320 MORALS AND GEN- • ERAL WELFARE DEMAND THE ZON- ING.CHANGES AND 5i Signed ' •Jr_AMENDMENTS g PROVIDING MTHAT SUBSCRIBED AND SWO SHALL dE RDICAINC HIS Wednesday,N em r 4,2004. LATIVE OF ALL ORDINANCES; -- PROVIDING A SEV- NotaryPublic ERABILITY CLAUSE; PROVIDING FOR VIO VIO- LATIONS You For Y' PROVIDING OR PUBLICATIOTHE NFICI INL NEWSPAPER, AND _._,.._._ ...._.—_..- `"' _..__. ——'-""— — . ."V" _"'."-- _ —""-" ."'"."""-" _ FECTIVE DATE. SECTION 7. Any who vio- lates,disobeys,omits, neglects or refuses to Customer ID: CIT57 Star-Tf comply with or who Remit To: resists the enforce- ment of any of the P.O. B dloanco shall thifined Customer Name: CITY OF SOUTHLAKE not d than c000.001 for each ►101-2051 Invoice Number: 248746381 o ense.Each daythat a violation Is permitted Invoice Amount: $85.05 to exist shall consti- tute a separate of- PASSED AND AP- PO Number: PROVED TI-I S THE 9th DAY OF NO- VEMBER, �pp4, Amount Enclosed: DURINGLA CITY C EN- MAqYOREETING. Andy Wamb, Ines ATTEST:Lori Farwell, City Secretary INVOICE . Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 248137381 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/30/04 Federal Tax ID 22-3148254 A Terms: Net due in 21 days Due Date: 10/31/04 Bill To: 1 PO Number: CITY OF SOUTHLAKE NOV 2 3 2004 1400 MAIN ST .J Order Number: 24813738 STE 440 . Sales Rep: 073 SOUTHLAKE, TX 76092-7604 OFFICE OF CITY SECRETARY Description: CITY OF SOUTHLA - Attn KATHY DIMAGGIO/SHARON BARRE Publication Date: 10/30/04 Des Location, tiff:i.,.. 'Aline' Rate Amount CITY OF SOUTHLAKE Notice is he 13580 1 117 117 LINE $0.81 $94.77 CITY OF SECTION 7. SOUTHLAKE Any person, firm or Notice is hereby given corporation who vio- by the City Council of lates,disobey'',omits, the City of SOuthiake, neglects or refuses to Texas, that a public comply with or who Net Amount: $94.77 hearing will be held resists the enforce- on November 9,2004, ment of any of the at 6:00 p.m. or im- provisions of this or- mediately following dinance shall be fined the Work Session, not more than Two during the Regular Thousand Dollars City Council meeting ($2,000.00) for each to be held in the City offense.Each day that Council Chambers of a violation Is permitted Town Hall,1400 Main to exist shall consti- Street, Southlake, tute a separate of- Texas.Purpose of the Tense. public hearing is to City of Southlake consider the second Loft Farwell . reading of the fol- City Secretary lowing ordinance: • ORDINANCE NO. 480-449 }Y''''' CHRISTY L.HOLLAND AN ORDINANCER *; �: MY COMMISSION EXPIRES AMENDING ORDI- NANCE �yy AMEND NO. 480THE A, `P`� Jul 31,2008 COMPREHENSIVE r9Rl �,, y ZONING ORDI- NANCE OF THE CITY TEXAS;SOUTHLAKE, , A THE STATE I ON ZONINGA CERTAIN TRACT OR TRACTS County of Tarl ORE LA DCI WITHIN TF SOUTHLAKE TEX- AS BEING LEGALLY Before me,a ` DESCRIBED AS A aid County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator 1 PORTION OF LOT for the Star- Star Telegram, Inc. at Fort Wort , in Tarrant County,Texas;and who,after being duly sworn,did depose and say T e 3R1 that the attach PLA WHITCE ADDITION,BLOCK A, E CHAPEL ;ement was published in th abov named paper on the listed tes: BIDS 8i LEGAL DEPT. STAR TLEGRAM(817) 390-7• MATELY APP 00248 f I- ACRES, AND MORE FULLY AND COM- PLETELY DE- Signed SCRIBED IN EXHIBIT - SINGLEOM FAMILY SUBSCRIBED RESIDENTIAL pis_ . RE ME, THIS Wednesday,No em r , 2004. TRICTTO SINGLE FAMILY A" RESIDENTIAL ENT DISTRICT Notary Public SUBJECT TO THE SPECIFIC RE- TTAI ED Er INS THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING Thank Yo> ALL'OTHER RPOR ment TIONS OF THE ___ ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- RemNi CHANGES T SAMAND Customer ID: CIT57 PROVIDING MADE,- PROVIDING • THIS ORDINANCE i I SHALL BE CUMU- Customer Name: CITY OF SOUTHLAKE OLATIVE OF ALL� PROVIDING A SEV- ; ' TX 76101-2051 Invoice Number: 248137381 ORDINANCES ERABILITY CLAUSE; PROVIDINGFOR A PENANALTYTY FORRVIO- Invoice Amount: $94.77 LATIONS HEREOF; PR E N FFI oo PO Number: PROVIDING LAUSE• PUELgII Ai" Amount Enclosed: PROVIDING AN EF- FECTIVE FECTIVE DATE.