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480-470RECORMi' CITY OF SOUTHLAKE, TEXAS OFFICIAL ORDINANCE NO.480-470 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 4, SITUATED IN THE J. CHILDRESS NO. 253 ADDITION, BEING APPROXIMATELY 0.48 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 "RE" Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and Case No. ZA05-110 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, Case No. ZA05-110 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 4, J. Childress No. 253 Addition an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 5226, Plat Records, Tarrant County, Texas, being approximately 0.48 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "SF-lA" Single Family Residential District. SECTION 2. Case No. ZA05-110 Page 3 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. Case No. ZA05-110 Page 4 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. Case No. ZA05-110 Page 5 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 131 day of , 2005. MAYOR ATTEST: «gyp•,•..°•• xr, ro °° • CITY SECRETARY .. .:,gyp ®N0. ••• a!i' PASSED AND APPROVED on the 2nd reading the 64) day of ��, i, 2005. e"� .... APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: 11• I5• DIh EFFECTIVE: 11•1916j Case No. ZA05-110 MAYOR ATTEST: ,1'`S THE'•, e � a bj . • n i • • CITY SECRETARY i 'fell 18 eeee�� Page 6 EXHIBIT "A" Being a portion of Lot 4, J. Childress No. 253 Addition an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 5226, Plat Records, Tarrant County, Texas, being approximately 0.48 acres. LAND DESCRIPTION- PORTION OF LOT 4 OF THE J CHILDRESS NO. 253 ADDITION Being a tract of land situated in the John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a portion of Lot 4 of the J. Childress No. 253 Addition, an addition to the City of Southlake, Texas, as recorded in Cabinet A, Slide 5226 of the P.R.T.C.T, and being more particularly described as follows; BEGINNING at the northwest corner of said Lot 4; THENCE, along the easterly line of said Lot 4, South 42 degrees 31 minutes 29 seconds East, a distance of 75.92 feet to a point for a corner; THENCE, continuing along the easterly line of said Lot 4, South 01 degrees 20 minutes 03 seconds East, a distance of 387.77 to point for a corner; THENCE, departing the easterly line of said Lot 4, North 88 degrees 06 minutes 15 seconds West, a distance of 50.08 feet to a point on the westerly line of said Lot 4; THENCE, along the westerly line of Lot 4, North 01 degrees 20 minutes 03 seconds West, a distance of 442.08 feet to the POINT OF BEGINNING and containing 20,747 square feet or 0.476 acres of land more or less. This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Basis of Bearings: The final plat of the J. Childress No. 253 Addition, an addition to the City of Southlake, Texas as recorded in Cabinet A, Slide 5226 of the P.R.T.C.T. Case No. ZA05-110 Page 7 INVOICE Star -Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 263181191 FORT WORTH TX '76102 (817) 390-7761 Invoice Date: 11 / 18/05 Federal Tax ID 22-3148254 DEC — 6 M Terms: Net due in 21 days Due Date: 11/30/05 Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 26318119 STE 440 Sales Rep: 073 SOUTHLAKE, Tx 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 11/18/05 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE ORDINANCE NO I 13580 TO THE BE- TS CON- N THIS E: COR- 104 104 LINE $0.81 $84.24 Net Amount: ^"' •: CHRISTY L. H01MD MY COMMISSION EXPIRES Jury 31, 2008 $84.24 THE STATE OF TEXAS "...... ' FECTIVE DATE. — County of Tarrant SECTION 7. Any person, firm or corporation who vio- lates, disobeys, omits, Before me, a Notary Public in and for said Count) neglects or refuses to comply with or who Dersonally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star -Telegram, published by the Star-Tele g resists the enforce- -h, in Tarrant County, Texas; and who, after being duly sworn, did ment of any of the depose and say that the attached clipping of ar p pP g Provisions of this or ubli hed in the above named paper on the listed dates: BIDS & dinance shall be fined p p p LEGAL DEPT. STAR TLEGRAM not more than Two Thousand Dollars �817� 390-7�20 ($2,000.00) for each offense. Each day that a violdtion is permitted to exist shall consti- Slgr tute a separate of- fense. PASSED AND AP- PROVED THIS THE SUBSCRIBED AND SWORN TO BEFORE ME, THIS Mor 15th DAY OF NO- VEMBER, 2005, DURING THE REG- ULAR CITY COUN- NOt(MAYOREETING. Andy Gv`I Thank You For Your Payment -------------------------------------------------- Wambsganas ATTEST: Lon Farwell, City Secretary Remit To: Star -Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 263181191 Invoice Amount: $84.24 PO Number: NO PO Amount Enclosed: $ t7rafi Qn1yA Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440- SOUTHLAKE, TX 76092-7604 INVOICE LEEIVE® NOV - 8 2005 OFFICE OF CITY SECRETARY ttn Attn: ACCOUNTS PAYABLE CITY OF SOUTHLAKE Notice is he I3580 1 116 CITY OF SOUTHLAKE Notice is hereby given by the City Council the City of Southlake,of Texas, that a public hearing will be held on November 15, 2005, at 8;00 p.m.. or 'THE STAT cityy Council meeting County ( to be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Before rri Texas. Purpose of the public hearing is to consider the second for the -St reading of the fol- depose ( lowing ordinance: ORDINANCE NO. 480-470 LEGAL DE AN ORDINANCE (817) 39( AMENDING ORDI- NA(cCE NO. 480}AS SUBSCRIB' SECTION 7. Any person, firm or corporation who vio- lates, disobeys, omits, neglects or refuses to comply with or .who 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. Each day,that a violation is permitted to exist shall consti- tute a separate of= Customer ID: CIT57 Invoice Number: 262327101 Invoice Date: 10/28/05 Terms: Net due in 21 days Due Date: 10/31/05 PO Number: 43684 Order Number: 26232710 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 10/28/05 116 LINE $0.81 $93.96 Net Amount: CHRISTY L. HOLLAND MY COMMISSION EXPIRES ,r July 31, 2008 $93.96 .nd State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator m, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did advertisement was published in the above named paper on the listed dates: BIDS & - - II., &y NF/RTiim Thank You For Your Payment' --------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: CIT57 Customer Name: CITY OF SOUTHLAKE Invoice Number: 262327101 Invoice Amount: $93.96 PO Number: 43684 Amount Enclosed: INVOICE Draftphly. Star-Telegram RECEIVED Customer ID: CIT57 400 W.7TH STREET Invoice Number: 261819221 FORT WORTH,TX 76102 Invoice Date: 10/15/05 (817)390-7761 3 1 2005 Federal Tax ID 22-3148254 OCT Terms: Net due in 21 days Due Date: 10/31/05 Bill To: OFFICE OF CITY SECRETARY PO Number: 43672 CITY OF SOUTHLAKE Order Number: 26181922 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 CITY OF Description: CITY OF SOUTHLA SOUTHLAKE• Notice is hereby given by the City Council of Publication Date: 10/15/05 the City of Southlake, Attn Attn:ACCOUNTS PAYABLE Texas, that a public I hearing will be held Description l i 2 at 6:00 p.m. or im on November 1,2005,epth Linage MU Rate" Amount mediately followin- the Work Sessi,, CITY OF SOUTHLAKE Notice is lie I3580 cutryinCouncil meeting 116 116 LINE $0.81 $93.96 to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas.Purpose of the publichearing to Net Amount: consider the second $93.96 reading of the fol- lowing ordinance: ORDINANCE NO. 480-470 AN ORDINANCE AMENDING ORDI- AMENDED 480tHE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS A PORTION OF LOT 4, SITUATED IN THE J. CHILDRESS NO.253 ADDITION BEING APPROXIMATELY ,/'•"•�••°Yh% CHRISTY L.HOLLAND 0.48 ACRES, AND • - MORE FULLY AND i': 4� MY COMMISSION EXPIRES COMPLETELY DE- JUI 31,Z00$ SCRIBED IN EXHIBIT •••,if 4S I,:. y THE STATE OF TEXAS "A" FROM "RE" SINGLE FAMILY County of Tarrant RESIDENTIAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDEN- Before me, a Notary Public in and for said County c TIAL DISTRICT sonally appeared Lisa Wesselman, Bid and Legal Coordinator SUBJECT TO THE for the Star-Telegram,published by the Star-Telegra SPECIFIC CON- n Tarrant County,Texas;and who, after being duly sworn, did depose and say that the attached clipping of an c TAINED IN THIS Dlish d in the above named paper on the listed dates: BIDS& ORDINANCE COR- LEGAL A DEPT. STAR TLEGRAM RECTING THE OF- FICIALZONING (817) 390-7320 MAP; PRESERVING ALLLLOTHER POR- TIONS OF THE ZONING ORDI- Sign NANCE; DETER- MINING THAT THE PUBLIC INTEREST, SUBSCRIBED AND SWORN TO BEFORE ME,THIS Thurs MORALS WELFARE)5• DEMAND THE ZON- 1 ING CHANGES AND NOtaI HEREIN D M MADE 4(71/alij PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- Thank You For Your Payment LATIVE OF ALL ORDINANCES; PROVIDING A SEV- ERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- PROVIDING FON PUBLICATION IN Remit To: Star-Telegram THE OFFICIAL )mer ID: CIT57 NEWSPAPER A,' AND PROVIDING AN EF- P.O. BOX 901051 FE CIIIVE DAION �. )mer Name: CITY OF SOUTHLAKE Any person, firm or FORT WORTH, TX 76101- corporation who vio- ice Number: 261819221 lates,disobeys,omits, neglects or refuses to comply with or who iee Amount: $93.96 resists the enforce- ment of any of the provisions of this or- umber: 43672 dinance shall be fined i not more than Two Thousand Dollars ($2,000.00) for each cunt Enclosed: offense.Each day that f a violation Is permitted to exist shall consti- tute a separate of- fense. City of Southlake Lori Farwell City Secretary