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480-253CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-253 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 THE SOUTH 20' OF LOT 2, BROCK ADDITION, SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE DISTRICT TO "SF -IA" 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. REQUESTED ZONING: 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 "CS" Community Service 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 L:\CTYDOCS\ORD\CASES\480-253.VvTD Page 1 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: L:\CTYDOCS\ORD\CASES\480-253.WPD Page 2 Being the south 20' of Lot 2, Brock Addition, situated in the Jesse G. Allen Survey, Abstract No. 18 and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, from "CS" Community Service District to "SF-IA" Single Family Residential District. 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 L:\CTYDOCS\ORD\CASES\480-253.WPD Page 3 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 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. PASSED AND APPROVED on the 1st reading the A day of 997. -19"� MA OR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the itr day o 997. ma L:\CTYDOCS\ORD\CASES\480-253.WPD Page 4 ATTEST: .O to► IL s hu. A04;4? ? s� ; CITY SECRETARY EFFECTIVE: 4w "I 7 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY L:\CTYDOCS\ORD\CASES\480-253.WPD Page 5 EXHIBIT "A" 20' STRIP OF LAND LOT 2, BROCK ADDITION DESCRIPTION BEING all that certain tract or parcel of land situated in Lot 2, of the Brock Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -44, Page 40 of the Plat Records of Tarrant County, Texas, and being a portion of that tract of land described in deed to E. I. Wiesman and wife, Glenda Wiesman recorded in Volume 5439, Page 362 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a Ma-inch iron rod on the west right -of -way line of Brock Drive (60' right -of- way), being the northeast comer of said Wiesman tract; THENCE S 00 0 02'44" E, along said right -of -way line, a distance of 20.00 feet to the Southeast corner of said Lot 2; THENCE N 89 0 12'54" W, departing said right -of -way along the south line of said Lot, a distance of 189.54 feet to the southwest corner of said Lot; THENCE North, along the west line of said Lot, a distance of 20.00 feet to a iron rod for the northwest comer of said Wiesman tract; THENCE S 89 0 12'54" E, a distance of 189.53 feet to the POINT OF BEGINNING and containing 3,791 square feet or 0.087 acres of land, more or less. LACTYDOCS \ORD` CASES \480 -253. W PD Page 6 I- -tU. I.U. NO. -3l4tSL04 Star-Telegram AD ORDER NO. 11717556 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 "liSTATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 9/19ME 1171755 CITY OF SOUTHLAK I358 1x 75L 75 . 79 59 . 25 -- CITY OF SOUTHLAKE, 11911 q-0 9/19 ORDINANCE NO.480-253 AN ORDINANCE C NO. E AMENDING AS AMENDED THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CTYXAS SOUTHLAKE, -------- GRANTING A ZONING, CHANGE ON A CERTAIN" TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- - _ SOUTH- LAKE, 20 S'OFEILOTT 2E EI SITUAT- ED THE JESSE GALN SURVEY ABSTRACT NO. 18 AND MORE FULLY AND COM- PLETELY DESCRIBED IN EX- HIBIT"A" FROM "CS"COM- MUNITY SERVICE DISTRICT TO"SF-1A" SINGLE FAMILY •ESIDENTIAL DISTRICT EUBJECTOUIRE E THE SPECIFIC N- S I G EO S COTAIVED IN THIS ORDI- ANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE; 2 5 t h SEPTEMBER 1997 SUI TONSO THEZOONINNPOR- E) WORN TO BEFORE ME, THIS THE DAY OF NANCE ETERMINING ,�,xx,y,�y.�,4,46,�,�,��,� ' THATT L A PUBLICEMINTER-I =v ..-. r `J `1 �' 6O-e...t., EST, MORALS AND GENER .. .. nr,., , RHONDA R. GOKE r _l�/'�1/'�,p„ AL WELFARE DEMAND AND �Q' `���h Notary Public ZONING CHANGES AND ? '.- -_'•.n4 AMENDMENTS HEREIN $1• N •% COMMISSION EXPIRES $ MADE,: PROVIDING THAT i„a• THIS RDINANCE SHALL BE �r /\ `I= SEPTEMBER 8, 1999 CUMULATIVE OF ALL ORDI- h?�F.. .. TARRANT COUNTY,TEXAS NANCESERABILITY CLAUSE-PROVIDING A VID- ING + �� �:�� FOR A PENALTY FOR VI- OLATIONS HEREOF PROVIDING A SAVINGS` PI PIBLICATIONRiINDTHE o°RJRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER,'AND PRO- VIDING AN EFFECTIVE DATE. — Section 7.orat.Any person,.firm or—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT— scorobeys,omit,neglectswhoeor d refuses.to complywith or who any oft thee enforcement ofof this moreance hall bll e fined Thou St ( sand Dollars e- ach da 1 for each offense. 20 000.00) that a violation is permittedc. .Ix REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 to exist shall constitute a �.:? y �Yk. Yai 1, separate offense. m PASSED AND APPROVED ON 2ND READING THIS THE ACCOUNT AMOUNT 16TH DAY OF SEPTEMBER, NUMBER C I T 5 7 DUE 59 . 25 1997, DURING THE REGU- LAR CITY COUNCIL MEET- ING. /s/Rick Stacy,Mayor PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 A I I tST: /s/Sandra L.LeGrand, City Secretary APPROVED AS TO FORM: City.Allen Attorn yaYlor,Jr.,. 110 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 59 . 25 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram r mu. I.V. NU. LL 314aLO4 AD ORDER NO. 11639671 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 • STATE OF TEXAS nty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE �NTOTAL RATE • AMOUNT 9/05ME 11639671 NOTICE OF PUBLIC I358 1x 81L 81 . 79 63 . 99 NOTICE OF 09/05-09/D5 PUBLIC HEARING Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding ------- — ----- -- -- --- during the Regular City Coun- cil meeting to be held on September 16, 1997 at 6:00 p.m.,in the City Coun- cil Chambers of City Hall, 667 North Carroll Avenue, ' Southlake,Texas. Purpose of the hearing is con- sider the second reading of the following ordOFance. SOUTHLAKE,TEXAS ORDINANCE NO.480-253 AN ORDINANCE AMENDING ORDAMENDED, NO.H COMPRE- HENSIVE HENSIVE ZONING ORDI- ANCE OF THE CITY OF 4UTHLAKE, TEXAS• c ANTING A ZONING J ANGE ON A CERTAIN ACT OR TRACTS OF LAND c !THIN THE CITY OF SOUTH- S SOUTHT 0S,OF BEING LOTTHE 2, SWORN TO BEFORE ME, THIS THE 15th DAY OF SEPTEMBER BROCK ADDITION, SITUAT- ED IN THE JESSE G.ALLEN SURVEY, ABSTRACT NO. 18, AND MORE FULLY AND ,r,• i"N Notary Public 4- ---\11X-1\41-6-.COMPLETELY DESCRIBED .i,R•.•••-yeiyt RHONDA R. COKE IN EXHIBIT "A" FROM "CS" .-0•••• '•yt COMMUNITY SERVICE DIS- !? '`�i COMMISSION EXPIRES TRICT TO "SF-lA" SINGLE '•i i TARRANT COUNTY,TEXAS FAMILY RESIDENTIAL DIS- �,,;. SPECIFIC SUBJECT ''-y W`; SEPTEMBER 8, 1999 CONTAINED IN THIS ORDI- ..,off NANCE; CORRECTING THE OFFICIAL ZONING ALNI G MAP;ER PRE- SERVING OF THE ZONING ORDI- t ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! THAT,THE PUBLIC INTER EST, MORALS AND GENER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---A — AL WELFARE DEMAND THE _ ZONING CHANGES AND AMENDMENTS HEREIN MADE- PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL SORDI- NANCES-PROVIDING A SEV- ERABILITI'CLAUSE-PROVID- ING FOR A PENALTY FOR VI- �'• OLATIONS HEREOF; raiii t ._ ;r?�j REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PROVIDING A SAVING 6, f ,„ F,�� i•: CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER'AND PRO- ACCOUNT AMOUNT VIDING AN EFFECTIVE DATE. NUMBER C I T 5 7 DUE 63 . 99 Section 7.Any person,firm or corporation who violates, disobeys,omits,neglects or refuses to comply with or PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 who resists the enforcement 01 of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars (S2,000.00). for each offense. Each day that a violation is permitted ,to exist shall constitute a k�?arate offense. elndra L.LeGrand, 'k.tcretary sett Southlake • CITY OF SOUTHLAKE N, 667 N CARROLL AVE PLEASE PAY SOUTHLAKE n TX 76092-9595 THIS AMOUNT 63 . 99 PLEASE WRITE IN AMOUNT ENCLOSED