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480-351CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-351 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 LOT 2, BLOCK 1, EMERALD ESTATES SOUTH, BEING 9.062 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED PRELIMINARY PLAT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", 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 2l 1 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 "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, 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, arc 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 Lot 2, Block 1, Emerald Estates South, being 9.062 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-IA" Single Family Residential District as depicted on the approved Preliminary Plat attached hereto and incorporated herein as Exhibit "B". 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 strccts; 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, Tcxas, 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 thc 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 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 O~ day of ~ 200I:1 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ~ day of ~2001. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ADOPTED: .~~j~. EFFECTIVE: ~-, EXHIBIT "A" Lot 2, Block 1, Emerald Estates South, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388-171, Page 99, Plat Records, Tarrant County, Texas, and being 9.062 acres. EXHIBIT 'B" INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 187496141 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 2/10/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/28/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 18749614 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 2/10/01 CITY OF SOUTHLAKE, TEXAS Des( ORDINANCE NO. Location Col Depth Linage MU Rate Amount 480-351 AN ORDINANCE ---- AMENDING . ORDI- CITY C AMENDEDicE NO. 480THE CAS ORI)IN 1358 1 i! " 108 LINE $6.09 $657.64 COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY ($570.16) Sales D OF SOUTHLAKE, TEXAS;GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEX- Nei Amour" '. $87.48 AS, BEING LEGALLY DESCRIBED AS LOT 2, BLOCK 1, EMER- ALD ESTATES SOUTH.BEING 9.062 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DIS- TRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- N . RECTING THE OFFI- CIAL ZONING MAP; COLS PRESERVING ALL OTHER PORTIONS OF THE ZONING Bef TOERMIN NGE THDAET and for said County and State,this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star- THE PUBLIC INTER- ar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who,after being duly sworn, did depose and say that the EST, MORALS AND atI GENERAL WELFARE isement was published in the above named paper on the dates: DEMAND THE NON- \ 49...f/A ING CHANGES AND At/(_e_. nL, HEREIN AMENDMENTS MADE; Signed r PROVIDING THAT THIS ORDINANCE S1 SHALLO BE FF ALL ORDI- TO BEFORE ME, THIS Monday, Fe ru y 2,2001. NANCES; PROVED- / TY A SEVERABILI PROVIDING FOR CLAUSE; Notary Publi PEN,LTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE; PRO- VIDING FOR PUBLI- i CATIO F CIN THEA O- � NEWSPAPER: AND 4e '' CHRISTY L.HOLLAND PROVIDING AN EF- i 0 tie FECTIVE DATE. r Payment ' 't MY COMMISSION EXPIRES SECTION 7. Payment _0 ‘ ., 'Any person, firm or —— . corporation who vio- -- Nc latex, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be Rer T finedwoTh not more ousandD oll thars )ran am Customer ID: CIT57 (62,000.00) for each 01051 offense.Each day that 7 9 Customer Name: CITY OF SOUTHLAKE a violation is permitted to exist shall constitute PASSEDateAND n sex P- DRTH,TX 76101-2051 Invoice Number: 187496141 PROVED BY THE T,� Amount: COUNCIL OF THE CITY OF Invoice Amount: $87.48 SOUTHLAKE, TEX- AS, O THIS THE PO Number: 6TH DAY OF FEB- RUARY, 2001. MAYOR RICK STACY ATTEST: SANDRA L. Amount Enclosed: _.M. ... RAND CITY SECRETARY APPROVED AS TO FORM: E. ALLEN TAYLOR, CITY ATTORNEY INVOICE Star-Telegram Customer ID: C1T57 400 W.7th Street Invoice Number: 184960381 FORT WORTH,TX 76102 Invoice Date: 12/21/00 (817)390-7761 Federal Tax ID 22 3148254 Terms: Net due in 21 days Due Date: 12/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 18496038 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 12/21/00 NOTICE OF PUBLIC HEARING r Notice is hereby giver, .,h l by the City Council of Location Col Depth Linage MU Rate Amount the City of Southlake. Texas, that a public: hearing will be held on NG Notic 135 1 98 9x LINE $5.80 $568.42 NOTICI Januaryge Regulal ar 01 City Couheld in ithe City Council to be Sales Di Chambers North CarrollH ($489.04) Av- enue,Southlake,Tex- as. Purpose of the public hearing is to consider the second reading of the following ordi- $79.38 Net Amount: nance: CITY OF SOUTHLAKE, TEXAS 1 ORDINANCE NO. 480-351 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, AS AMENDED, THE 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,TEXAS BEING LEGALLY DE-, SCRIBED AS LOT 2, BLOCK 1, EMERALD. ESTATES SOUTH,I BEING 9.062 ACRES, AND MORE FULLY N AND COMPLETELY DESCRIBED Cou HIBIT"A"FROMIN"AG" AGRICULTURAL DIS- TRICT TO "SF-30" Befc RESIDENTIAL A DIS-D nd for said Countyand State,this day y personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star- Tele ON THE APPRIOVED "Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say that the ate, CONCEPT PLAN AT- ement was published in the above named paper on the listed dates: TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT Signed /Q, (/y i 666S TO THE SPECIFIC --- REQUIREMENTS SUI 'ORDINANCE;INCOB ro BEFORE ME, THIS Friday, Decem r 2000. RECTING THE OFFI- CIALZONING MAP; n jjj��� PRESERVING ALL / t ide D OTHER PORTIONS' Notary Public /l//1L 4/ LY cdpa_pt ___., OF THE ZONING ORDINANCE; DE- TERMINING THAT THE PUBLIC INTER- _ GET, MORALS ANDE '"��""°-__ CHRISTY L.HOLLAND GENERAL WELFARE t' •i¢ DEMAND THE ZON-. YI,=�9' ING CHANGES AND' i 1, �. AMENDMENTS } 1'1 , - MY COMMISSION EXPIRES That HEREIN MADE;r Payment PROVIDING THAT / �{}iii_ JULY 31,2004 THIS ORDINANCE '"-" ""-"— SHALL BE CUMULA- TIVE OF ALL ORDI- NANCES; PROVID- ING A SEVERABILI- TY CLAUSE; PROVIDING FOR A CENALTY ATIONS HOEREOF; `ram Customer ID: CIT57 R V10- Re1Y PROVIDING A SAV- VID NG FOREPUBLLII- 01051 Customer Name: CITY OF SOUTHLAKE CATION IN THE OF- FICIAL NEWSPAPER; AND )RTH, TX 76101-2051 Invoice Number: 184960381 PROVIDING AN EF- FECTIVE DATE. City of Southlake Invoice Amount: $79.38 Sandra L. LeGrand City Secretan, PO Number: Amount Enclosed: $ I