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480-324CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-324 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 TRACT 2C3 SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 3.561 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "Sir-lA" 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 N:/COMMUNITY DEVELOPMENTXWP FILES/ZBA\PENDING/48{~324.DOC Page I WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 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, N:/COMMUNI'IY DEVELOPMEN%WP FILES/ZBA/PENDlNG/480-324.DOC Page 2 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 Cotmcil 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 SOUTItLAKE, 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 N:/COMMUNITY DEVELOPMENTXWP-FILES\ZBA\PENDING\~80-324 DOC Page 3 amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tract 2C3 situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 3.561 acres, and more fully and completely described in Exhibit "A" 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 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 Page 4 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, fLrm 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting Page 5 zoning Milch have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both cMl and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the /1 MAYOR ATTEST: day o~ ,2000. dl~Y SECRETARY N:/COMMUNI'FY DEVELOPMENTXWP FILES\ZBA\PENDING\480-324.DOC Page 6 PASSED AND APPROVED on the 2nd reading the / day of,~4,2000. / ~--A'Y/OR ~ ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY// ADOPTED: ~,~, ], EFFECTIVE: '3~'~'4, N:/COMMUNITY DEVELOPMENT~WP FILES\ZBA/PENDING\480-324 DOC Page 7 EXHIBIT "A' N:/COMMUNITY DEVELOPMENT~WP FILE$\ZBA\PENDING\480 324 DOC Page 8 City of Southlake, Texas Tract Map ZA99-122 i I k i , ,Lr 0.5 0 N '73 0.5 I ~les City of Southlake, Texas Surrounding Property Owners ZA99-122 5 t3 Property Owner Zoning Land Use Designation 1. S. Talley 1. "SF-1A" 2. W. Ryon 2. "SF-IA" 3. B. Williams 3. "SF-1A" 4. J. Fultner 4. "AG" 5. R. Ramirez 5. "AG" 6. R. Reitig 6. "R-PUD" 7. K. Meyer 7. "R-PUD" 8. G. Weber 8. "R-PUD" 9. J. Krause 9. "R-PUD" 10. J. Welch 10. "R-PUD" 11. g. Cepak 11. "R-PUD" 12. R. Humm 12. "R-PUD" 13. R. Matz 13. "AG" 14. J. Rudduce 14. "SF-1A" 15. J. Rudduce 15. "SF-IA' 1. Low Density Residential 2. Low Density Residential 3. Low Density Residential 4. Low Density Residential 5. Low Density Residential 6. Medium Density Residential 7. Medium Density Residential 8. Medium Density Residential 9. Medium Density Residential 10. Medium Density Residential 11. Medium Density Residential 12. Medium Density Residential 13. Low Density Residential 14. Low Density Residential 15. Low Density Residential \\SLKSV4001 \Local\Community Development\WP-FILES\NOTICE\99Exhibits\99122Z.doc INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 166203241 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 2/4/00 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/29/00 Bill To: PO Number: CITY OF SOUTHLAKE 667 N CARROLL AVE Order Number: 16620324 SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Attn. Publication Date: 2/4/00 dS� r CITY TEXAS XAS SOUTHLAKE, a;' r `�� ,» ORDINANCE NO.4Q0-324 �� ��.,.,,�r � ,�a �:����r ' s CITY OF SOW AN ORDINANCE AMENDING )IN I358 1 75 75 LINE $5.79 $434.25 ORDINANCE AMENDED NO. 480, THE COM AS PRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF Sales Discount GRANTING E' A ZONING ($373.50) CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE,TEXAS BEING LEGAL- LY DESCRIBED AS TRACT 2C3 SITUATED IN THE O.WKNIGHT Y, . T NO. 899,AND BBNGAAP- Net Amount: $60.75 PROXIMATELY 3.561 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO`SF-lA"SINGLE FAMILY RESIDENTIAL DIS- TRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONING ORDI- NANCE DETERMINING THAT THE PUBLIC INTER- EST, MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCFS PROVIDING A SEV- THE STATE I ING FORA PENALTY FOR ID_ County of Tal 01-A NG A SARNOF CLAUSE; PROVIDING FOR Before me,a CABLLNEW PAPER AND PRO- id County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram,pt. VIDING AN SECTION EFFECTIVE DATE. n, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipiAny person, firm or corpora IS published in th above named paper on the listed dates: to who neglects,t dsobeys, --- omits, or refuses si comply with or who re- of th provisions visions of this of any of the provisions of this ordi nance shall be fined not more than Two Thousand tE ME, THIS Thursday,March 2000. SUBSCRIBE Dollars ($2,000.00! for each offense.Each day that a violation is permitted to ex ist shall constitute a sepa- rate offense. Notary Public �L J)4)7h PASSED AND APPROVED THIS THE 1st DAY OF FEBRU- ARY, 2000 DURING THE _ __ __ _ _ _ _ _ _ __ REGULAR CITY COUNCIL DAWN M. KU ENDALL MEETING. MAYOR:Rick Stacy COMMISSION EXPIRES CityySecretaryATTEST Sandra L.LeGrand, ;=� APPREDS TO FORM: SEPTEMBER 13,2003 Thank You Wayne rKf Olson, 13nt j Y C�Attorney Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 166203241 Invoice Amount: $60.75 PO Number: Amount Enclosed: INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 165356171 FORT WORTH,TX 76102 Invoice Date: 1/21/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16535617 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTE _A Publication Date: 1/21/00 Description Lccation Col Depth Linage MU Rate Amount i CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 84 84 LINE $5.79 $486 L 6 am OF SOUTHLAKE,TEXAS Sale:)NOTICE was hereby given to all interested persons that ( 418 :.2) the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the regular city council meeting to be held on Febru- ary 1, 2000, at 7:00 p.m. The meeting will be held in Net Amount: $68.04the City Council Chambers of City Hall, 667 North Car- roll Avenue, Southlake,Tex- as. Purpose of the hearing will be held regarding the fol- lowing: CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-324 IAN ORDINANCE AMENDING ORDINANCE NO. 480. AS • AMENDED, THE COMPRE- HENSIVE 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 SOUTH- KRBDEASDESCIE LEGAL- LYC 2C3 SITUATED IN THE O.W. KNIGHT SURVEY,ABSTRACT NO. OXIMATELY BEING AP- TF ACRES, AND MORE FULLY AND COMPLETELY DE- C c SCRIBED IN EXHIBIT A"I FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SIN- Be GLE FAMILY REST TE TIAL 1 and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- DISTRICT, Te SPECIFIC REQUIREMENTS tar-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the C ORDI- attNNANCE;"CORRECTINGHIS H tisement was published in the bove named paper on the listed dates: OFFICIAL ZONING MAP;PRE- SERVING ALL OTHER POR- TIONS OF THE ZONIN ORDI- J �NcN1 NANCE' DETERMINING �KI1� THAT THE PUBLIC INTER- EST, MORALS AND GENER- S. AL WELFARE DEMAND THE TO BEFORE ME, THIS Friday,January 2 2 ZONING CHANGES AND AMENDMENTS HEREIN MA PROVIDING THAT THIS SHALL BE ,� CUMULATIVE OF ALL ORDI- Notary Public NANCES'PROVIDING A SEV- ERABILITY CLAUSE;PROVID- DAWN M. KUYKENDALL ING FOR A PENALTY FOR VI- OLATIONS HEREOF,* �lii COMMISSION EXPIRES PROVIDING A SAVINGS /\, CLAUSE; PROVIDING FOR .,,•, SEPTEMBER 13,2003 PUBLICATION IN THE OFFI- ,t•tr.` CIAL NEWSPAPER-AND PRO- �_Tha. VIDING AN EFFECTIVE DATE. t. Payment ___ _T _ _ 11 SECTION 7. Payment Any person, firm or corpora- tion who violates, disobeys, ——— omits, neglects or refuses —------- i to comply with or who re- sists the enforcement of any of the provisions of this ordi- nance shall be fined not more than Two Thousand Dollars ($2,000.00) for Ren each offense.Each day that Tram Customer ID: CIT57 a violationl�permitted to ex- )01051 Customer Name: CITY OF SOUTHLAKE ist shall sepa- rate offense.constitute a Sandra L-LeGrand, - City Secretary City of Southlaiedaa1 ..JRTH, TX 76101-2051 Invoice Number: 165356171 Invoice Amount: $68.04 PO Number: Amount Enclosed: IS