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480-124CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-124 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 A 13.729 ACRE TRACT OF LAND SITUATED IN THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, BEING A PORTION OF LOT 2, BLOCK A, WHITE CHAPEL PLACE ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATE TO "SF-1A" SINGLE FAMILY-lA 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 SItALL 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" Residential Estate 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: (' \ORD\ZONING\480 124 Being a 13.729 acre tract of land situated in the Hiram Granberry Survey, Abstract No. 581, being a portion of Lot 2, Block A, White Chapel Place Addition, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "RE" Residential Estate to "SF-1A" Single FamilyqA Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map o1' 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 enlbrcement 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 tbr 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 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. ATTEST: ~ITY SECRETARY PASSED AND APPROVED on the 2nd reading the Al day of(~ , 1994. ATTEST: C ,ORI)',ZONING\480 124 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY/ DATE: "~/~'¢Lg,fl./ ! ~DO~T~D:~ ~ 2/, EXHIBIT "A" rod eet f~ the ~oet r~t~rly ~ ~ af ~ ~t ~ ~ ~ ~ of Lot Iof ~ ~ ~ ~ ~ ~ ~~ ~ of ~ ~ ~ ~ ~ ~ r~ ~ V~~ ~~of ~ the S~r~ ~r-o f~r~ the Eaet pcc~rt~ ~ of ~d Lot 2~ a fenoe ~xsth (:~ 4T'~Eaet, of 8~J.42 foet to a I/2" ~o~ rod foundl ~ ~ tt~ South pro~rt~ ~ of ~J LOt- 2 South ~t' ~'~'lert, ~ a fec~e, a ~eta~o~ of ~ feet to a ]/I~ iron rod loud for oort~cl ~ ~ the noet e<~tecl~ ~eet ~-opel~ I~e c~on~ and ne~ a fe~oe of ~ I~t Z I~lt~ 00' ~'Oe'Ea~f a ~el~noe of I~J, OcJ fee? to ardiro~d tte fe~0e ~ aioe~ a fo¢~o ~ 8~ F~' ~s' 9o~f a cgetanoo of ~ fool- fo q ~ LO. p~pe found fo~ ~ THDi~ do~g tho ~o~t O0' DI' 02' East a dtetc~oo of 29.~5 to a fo~oe oo~n~ pcmt found for the noctt~eet oocnec of lot ~,a~o betn~ ~ cie~orltnO ~ le~t- ~ I¢o~'th 8~' .~9' (XY ,Ga~t, a d~tc~oe of ~ feet to the POII~T OF ~ ~nd oo~fo~nln~ ~ e<~x~-e feel c~ LS.T~ oo~ee of ~ Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 1111 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION I AD Siz L INTO-I AL AMOUNT JUN 24 2696433 CL • 358 1X8(3L 80 .46 36. 80 P.O. # ORD 480-124 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-124 ING ORDINANCE NO. 448D0, AS AMENDED THECOM- PREHENSIVEZONINGOR- DINANCE OF THE CITY OF SOUTHLAKE TEXAS.; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF ' LAND WITHIN THE CITY • DF SOUTHLAKE TEXAS BEING A 13.729 ACRE TRACT OF LAND SITUAT- =D IN THE HIRAM GRAN- 3ERRY SURVEY AB- STRACT NO. 581 BEING A PORTION OF LOY 2,BLOCK)7(.... Lgolizsti 4,,_WHITE CHAPEL PLACE S.LLADDITION AND MORE SUBSCRIBED A D SWORN TO BEFORE ME .FULLY AND COMPLETE- ITl"AEFROMDINEREST-1. et---- OF JUI�-Er1 4 ID ' iDENTIAL ESTATE TO SF- lA" SINGLE FAMILY 1A1�LIC iRESIDENTIAL DISTRICT, 'SUBJECT TO THE SPECIF- IC REQUIREMENTS CON- TAINED IN THIS ORDI- NANCE,. ORZONINGITARRANT COJNTY, TEXAS I F OFFICIAL MAP PRESERVING ALL DpoTHER PORTIONSOF THE TER1ftsV NGI THATE'TDHE 7G�`7.\::;.,: PUBLIC INTEREST,MOR- �� LIMDA �(. $L NSFARE DEMANDRTHE ZON- IT'S MM, XPIRpING CHANGES AND �`f. COMM�SS�01� EAfN\EJ AMENDMENTS HEREIN h�' • SEPTEINBEF l3, 1991'MADE• PROVIDING THATfir ���� He bRDINANCE SHALLL :z.v. . ' RDINANCETPROV D NG SEVERABILITY LAENA TYPR FOR GVIOLA- I FOR)RTION WITH YOUR PAYMENT TEAR ALONG THIS PERFORATION AND 'T PENALTY FOR VIO ID- • TIONS HEREOF; PROVID• -----4 ING A SAVINGS CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL VIDING ER• AND PRO- 400 W . SEVENTH , FW , TX 76102 PRO- VIDING AN AFFECTIVE ATE. �eCilon7.Anvperson,firmor -- ------ --------- ---_- - -- :orporation who viol ates,dl- Fort Worth >obeys,o mi t s,ne- 2051 Sta r.Tele r uses to co mpply with or who !�1�117C ll 1l/l7�/1!l!l/l/C/CT!1 Cesisisi oa,,,„ rcementofany ff the provisions of this ordi- 2696433 lance shall be fined not more AMOUNT h n Two Thousand ff else. C I T 5 7 DUE 36. 80 ISach da01that aach violation 5Is >ermitted toexi st shall con sti- .ute a separate offense. PAGE PASSED AND APPROVED a CITY COUNCIL OF THHEE CITY OF SOUTH- 2AYEdF TEXAS 1994E 21ST 9.ary Flckes, Manor of Southlake Attest:Sandra L.LeGrand, Approved o form:Aen Tavlo ,.Ity Attorney CITY OF SOUTHLAKE III 667 N CARROLL AVE PLEASE PAY 36 . 80 1 SOUTHLAKE TX 76092-9595 THISAMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 1111hSTATE OF TEXAS ty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared DAWN M. RIVERABilling Specialist for the Fort Worth 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 following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE : ' RATE AMOUNT F JUN 10 2687779 CL . 358 NOTIE HEARING PSI IS HEEBB1X 86L 86 • 46 39. 56 OT o IS HEREBY fEb N T ALLL INTERRES E U n 10 ERSONSthattheCiiityCoun- Til of the City of Southlake, exas,will be holding a public hearing during the Regular City Council meeting begin- , be held ng on 7:00p.m1 The meetln will tuber beheld os ftCityl'Hae,667 North Carroll Avenue,South- lake, Texas. The purpose of the ublichearlingistoconsld- er the followin ordinances: F Inances: ' CITY SOUTHLAKE. TEXAS ORDINANCE NO.480-124 AN ORDINANCE AMEND- ING AS AMENDEDCTHEC OM- IRNANCE OF THE CITY OF OUTHLAKE TEXAS. RANTING A ZONING` HANGS ON A CERTAIN (76,0eitat, RACT OR TRACTS OFIE LAND WITHIN THE CITY T IS THE 10TH OF JUNE, 9 SUBSCRIBED AND SWORN rOOF SOUTHLAKE 74 ACRE V TRACT OF LAND SITUAT- BEING ED IN EHIRAMGRAN- NOTARY PUBLICS BERRY SURVEY AB- STRACT NO.581 BEING A �) PORTION OF LOT 2,BLOCK - AbDHTIONHANDLMOAE TARRANT COU , TEXAS FULLY AND COMPLETE- LY DESCRIBED IN EXHIB- IT"A"FROM"RE'RESI- DENTIAL ESTATE TO SF •" ``�y UM K. n�nnN� DE SINGLE FAMILY-1 - •'s��r'{'YA�� VILn RESIDENTIAL SUBJECT �r� TO THE SPECIFIC RE- - „ COMMISSIN EXPIRES CON- TAINED EN THIS ORDI- �„r, �p� u p t THE OF•FICOIAL CORZONRECTING •......."' SEPTEMBER 13, L99t MAP PRESERVING AL OTHER PORTIONSOFTH ZONING ORDINANCE;D - TERMINING THAT THE, 0-TEAR ALONG THI PUBLIC GENERAL MOR- ALS TURN THE LOWER PORTION WITH YOUR PAYMENT FAG EDCHANGES SAND AMENDMENTS HEREIN 1nE; PROVIDING THAT N'nINACES PRO E;/F R A- REMIT TO : 400 W . SEVENTH, FW , TX 76102 RIM T� py� yp�,,�r1p FortWorth RMIT TO ACCOUNT AMOUNT 687779 NUMBER CIT57 DUE 39. 56 PAGE 15F 1 CITY OF SOUTHLAKE • 667 N CARROLL AVE PLEASE PAY 39. 56 SOUTHLAKE TX 76092-9595 THISAMOUNT ATTN : SANDRA L LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED