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480-206CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-206 AN ORDINANCE AMENDING ORDINANCE NO. 480. AS ,\MENDED. THE COMPREHENSIVE ZONING ORDINANCE OF I'HE CITY OF SOUTHLAKE, TEXAS: GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITttlN TIlE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 4.113 ACRES SITUATED IN THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEiNG THE NORTHERN PORTION OF TRACT 3B2 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF- 1 A" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENfS CONTAINED IN THIS ORDINANCE; CORRECTING TIlE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE: DETERMINING THAT THE Pt !BI.lC INTEREST. MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING FHAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABiLiTY CLAUSE; PROVIDING FOR A PENAI,TY FOR ViOLATiONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PI!BLICATION IN TIlE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. I?.E(.)UESTED ZONING: WIIEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 ot'the Texas Constitution and Chapter <~ olthc l'exas l.ocal Governmenl Code; and. \VHEREAS, pursuant to Chapter 211 of the Local Government Code. the City has the at~tl~oritv tu 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 get,oral welfare, all in accordance with a comprehensive plan: and WItEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District undcr the City's Comprehensive Zoning Ordinance; and WHEREAS. a change in the zoning classification of said property was requested by a person corporation having a proprietary interest in said property; and WI IEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by I (II'tDI)CSORDCASES'x480206 SFI Pig i tl~e Cit? 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 Ihcilities 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 trafllc 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: adcqnac> of parking as determined by requirements of this ordinance i-bt oil-street parking facilitics: location of ingress and egress points for parking and off-street loading spaces, and protection of poblic hcahh by surfacing on all parking areas to control dust; effect on the promotion of health ad thc 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 thcilities: and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of thc districts and their peculiar suitability fbr particular uses and the view ~o conserve thc value of the buildings, and encourage the most appropriate use of the land throughout this City: and. WI IERI'iAS, the City Council of the City of Southlake, Texas, does find that there is a public ncccssitx lbr the zoning changes, that the public demands them, that the public interest clearly rcqtfires the amendments, and that the zoning changes do not unreasonably invade the rights of those xx ho bought or improved property with reference to the classification which existed at the time their original investment ,,,,'as made: and, W11EREAS. 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, p~onaotes the health and thc general welfare, provides adequate light and air, prevents the over- croxxding of land. avoids undue concentration of popnlation, and t:acilitates the adequate provision oI'transportation, water, sewerage, schools, parks and other public requirements; and, Wt IERI!AS, the City Council of the City of Southlake, Texas, has determined that there is z~ necessity and need tbr thc changes in zoning and has also tbund and determined that there has becn ti change in the conditions of the property surrounding and in close proxi~nity to the tract or tracts uf land rcqoestcd lbr a change since the tract or tracts of land were originally classified and therelbrc IL, els tha~ the respective changes in zoning classification for the tract or tracts of land are needed, are called fi,r. and are m thc best interest of the public at large, the citizens of the city of Southlake, I c×as. 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 lTl ILAKE. TEXAS: Section 1. fhat Ordinance No. 480, the Comprehensive Zoning Ordinance of the City ul'Soothlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended. ~s hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: [ ( [FYI)(>CS\ORD ('ASES\480 206S11 Being a 4.113 acre tract of land situated in the Littleberry G. Hall Survey, Abstract No. 686, being the northern portion of Tract 3B2, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "AG" Agricultural District to "SF-1A" Single Family Residential District. Section 2. That the City Manager is hereby directed to correct the Official Zoning map 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 describcd 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. ~t~bsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not an~cndcd 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 lcssan congestion in the streets; to provide adequate light and air; to prevent over-crowding of land: to axoid undue concentration of population; and to thcilitate the adequate provision of transportation. ~ atcr. sewerage, drainage and surface water, parks and other commercial needs and developmen! of !lac community. They have been made after a full and complete hearing with reasonable consideration among other things of thc character of the district and its peculiar suitability tbr thc 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 5;outhlake, 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 thc pr~x isions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be ~cvcrable and that if the validity of the zoning alt'ecting 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 thc balance of said tract or tracts of land described herein. Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses lo comply with or who resists the enforcement of any of the provisions of this ordinance shall bc ISned not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a x iolation is permitted to exist shall constitute a separate offense. Section 8. All rights and remedies of the City of Sou!blake are expressly saved as to any and all violations of the provisions of Ordinance No. 480. as amended, or any other ordinances :~l'ik:cting 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 I (IIYI)O('S\ORD CASES\480 206 SF1 antil 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 lbr a public hearing thereon at least ten (I0) days before the second reading of this ordinance, and il' this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any o1' i~s provisions, then the City Secretary shall additionally publish this ordinance in the official City nexx spaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 oI'the Charter of the City of Southlake. Section 10. l'his ordinance shall be in lull tbrcc and effect from and after its passage and publication as required by law, and it is so ordained. PASSEl) AND APPROVED on the 1st reading the__ day of ,1996. MAYOR ATTEST: CITY SECRETARY PASSEl) AND APPROVED on the 2nd reading the day of ,1996. MAYOR t (IFYI)O('SxORI)CASES\480 206 SFi ATTEST: CITY SECRETARY \PI~ROVED AS TO FORM AND LEGALITY: CII'Y ATTORNEY DA I'E: Al)OPTED: I(F[:EC'I 1VE: [ ('iYYDOCS\ORD'/iASES\480 206SF1 EXHIBIT 'A"