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480-361CITY OF SOUTHLAKE~ TEXAS ORDINANCE NO. 480-361 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 TRACTS 2A1D, 2A1B, & 2A2, BEING SITUATED IN THE OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, AND BEING APPROXIMATELY 3 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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. 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 "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 thc changes in zoning and has also found and determined that there has becn 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 C1TY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, thc Comprehensive Zoning Ordinance of the City of SouthIake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amcndcd so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 2A1D, 2Al B, & 2A2, being situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 3 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 Southlakc, 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 thc 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 lhe comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of thc 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, scwcragc, drainage and surface water, parks and other commercial needs and development of the conmmnity. 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, thc 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. Thc 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 3 day of~ ,2001. I~A~3R ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ] 7 day of~4~) ATTEST: ,2001. ~ETARY APPROVED AS TO FORM AND LEGALITY: , EXHIBIT "A" Tracts 2A 1 D, 2A 1 B, & 2A2, being situated in the Obediah W. Knight Survey, Abstract No. 899, and being approximately 3 acres. ~:P~INNIN~ z- & ~APP[~ RDN P~N FOUN~ IN ~[HE ~%~. UN'-- 0~ .~ ~CT 0F ~ ~ DE~G~I~D IN ~COROEZ ~k ~[UME 57~7. CAGE ;~, ~ ~ECORDS, TAR~ COUNt. rF~, ~o~ T~E Sj~NER O; f~T ~l~ DESCRIED. ~D PDI~ ~ BEING 'HE NO~H~I ~RNER ~ ~CT 17, ~.~k 52 'l~ ~N. NOrD P~, ~[ ~, ~ ~DITI~ [O THE 0~ OF S~H~[, T~ COJ~lY, '~S, ~CC3~DING 70 ~HE ~T ~ECO~DEC ~N ~N~ ~ S6'~E 3869, P~T ~CO~S, T~N' ~'J~, 7EX~,S, ~ENEE S0~H ~ DEO~ ~ ~N~ 49 S~ ~ Z~g.53 ZE~ ~.~ ~[ W~ UNE 0r ~.,~K 52, TI~N ~DIT~. NO~ P~K, PH~E ~. TO A 1/)' iRON PIN FOUND FOR ~E :-ORN~R 0; ~Cr BEI~ DESCrieD, ~ ~1~ ~ ~NG fH~ NO~¢~ ~0RN[R OF LOT 15, BL~ NOaH,'ES- S'0~N[R D[ ~ LOI 1S, BL~K 52. ~I~0N ADDFIOK, NO~T.*~D P~K. P~E ONE. ~D P01~T ,,-.- ~r SO.lillE, 7~ COUP. ~. ~ING :O 'M~ P~' RECORDED IN '~LUuE 3BB-2E;, -MENCE N~H Bg DE~S ~ ~INU~ J2 SECONDS '~S~ '75.5~ ~ A,GNG -H¢ N~--H LIN~ OF ]:ESSR~BED ~U gEED RECORDED ~N ~LUM~ 10~. PA~ 2Z!1, 0~D RECORDS, ]~ C~N'IY, ~NCE NO~H ,~ D[~ES 10 ~N~ 0~ SE~D5 ~ 2~ 18 ~ AI'DN~ ~H~ ~ UNS 0F SAD T~' OF I.~D ~ DE~RI~ IN D~D REC~D~ IN ~LU~E 1~51. P~? 2211 70 ~ 5/8' ]~N PIN F0'jNP 5ESCRI~ED IN DE~D REtChED IN'~LUME :~1, P~E 2211; · ~T OF ~g AS D~Rle~ IN ~ ~[CO~DJ'~ IN ~LUME 1~51, P~E 2211 TO ~ '../Z" IRON PIN THE ~S~ LINE OF PI~ O*~ ¢OR THE ~T W~LW SOU~ST CORNER OF T~U1 ~[JNG OEDLRIBED, ,';)Lb'ICE ~385'. PAGE 22!~: -HENCE N~H OD DEGREC% 15 MINUTE5 J6 Sb~NC5 WES~ lT.~9 ~ A~C.N~ TH~ ~ bN~ DF ~u Plkr gRi',q' 'O A ~;/B- ~N PI~ ~UNO fOR ~E N~5T .~DRNER OF '~AC1 ~EI~G DESCRIBED. ~ PO,~ ~SC ~E~NG -NE DO,:%~g ~RNER O~ A T~' 0r ~D ~ DESCRIBED ~N DE~D RECO~DLD · .'nudNE ~. P~r 2~, DEED ~ECDRDS, l~' COONTM. ~; '.,rNC~ SO.N, ~g OE~ ~ MINU=E5 4~ ~COND5 E~T 5g5.46 Iii" ~U~G THE S~T~ ~NE DF '~2~S OF ~NO AS D~O~D IN DEE~ RE~O~ IN "/~.'JM[ !2g~, nA~E 2~ A~O ~LCM[ ~7~7. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 191276461 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/20/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 19127646 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/20/01 Description Location Col Depth Linage MU 'f`_ Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 112 112 LINE $6.09 $681.96 Sales I krtmint ($591.24) CITY OF Any person, firm or SOUTHLAKE, corporation who vio- TEXAS lates, disobeys, ORDINANCE NO. omits, neglects or re- 480-361 fuses to comply with AN ORDINANCE! or who resists the AMENDING ORDI- enforcement of any of Net Amount: $90.72 NANCE NO. 480 AS the provisions of this AMENDED, THE I ordinance shall be COMPREHENSIVE fined not more than ZONING ORDI-1 Two Thousand Dol- NANCE OF THE lars ($2 000.00) for CITY OF SOUTH- each offense. Eah LAKE, TEXAS; day that a violation is GRANTING A ZON- permitted to exist ING CHANGE ON A shall constitute a CERTAIN TRACT OR separate offense. TRACTS OF LAND PASSED AND AP-j WITHIN THE CITY PROVED BY THE OF SOUTHLAKE, CITY COUNCIL OF TEXAS BEING LE- THE CITY OF GALLY DESCRIBED SOUTHLAKE, TEX- AS TRACTS 2A1D, AS ON THIS THE SITUATED 2(N THE 2001.DAY OF APRIL, MAYOR RICK STACY KNIGHT SURVEY, ATTEST: SANDRA L. ABSTRACT NO.899, LEGRAND, AND BEING AP- CITY SECRETARY PROXIMATELY 3 APPROVED AS TO ACRES, AND MORE FORM: FULLY AND COM- E. ALLEN TAYLOR, N PLETELY DE- JR. SCRIBED IN EXHIB- CITY ATTORNEY CO IT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF- ' EENLAIL�' RSIDTIA in and for said County a:;3 State, this day per:. appeared Shalinl boss, Bid and Legal Coordinator, for the Star- Te THE b SUBJECT EO S:.tr-Telegram, Inc.at Fc.;Worth, in Tarrar.: . Texas;and who, fter being duly sworn,did depose and sa• that the att QUIREMENTS CON-ertisament was published the above name( .1 the listed dates: TAINED IN THIS ORDINANCE; COR- • RECTING THE OF- FICIAL ZONING .gned - 4, _ y MAP; PRESERVING — / ALL OTHER POR- / SL ZONIN OF THE N TO BEFORE ME,THI Monday,April 23 / ZONING OTHE ` NANCE;DETERMIN- / / ING THAT THE PUBLIC INTEREST, . - MORALS AND GEN- Mary PublicAl • / _ ERAL WELFARE DEMAND THE ZON- ING CHANGES AND _ _ AMENDMENTS • " KUYKENDALL HEREIN MADE ' !'�, THISPHOVIDING THAT •• ,•� • 1 ;;;SIGN EXPIRES ORDINANCE SHALL I E OFEALL ORDI- + , , '' t `` a"'!FR 13,2003 . Thal NANCES- PROVID- ur Payment ING A SEVERABILI- .. - _ - _ • _ _ ——- TY CLAUSE; - PROVIDING FOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- PROVIDING LA FOR IN Rerr THEPUBLICgATIOFPEON FICIAL gram Customer ID: CIT57 PROVIC NGRANANQ EF- FECTIVE DATE. C 901051 Customer Name: CITY OF SOUTHLAKE SECTION 7. FORT WORTH, TX 76101-2051 Invoice Number: 191276461 Invoice Amount: $90.72 PO Number: Amount Enclosed: IS INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 190654631 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/6/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/01 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 19065463 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/6/01 [ Description ,ciTVo°F t Location Col Depth Linage MU Rate Amount SOUTHLAKE, ALL'OTHER tur " TEXAS TIONS OF THE CITY OF S(NOTICE is hereby ZONING ORDI- I 119 119 1_INE. $6.09 $724.52 given to all interested NANCE DETERMIN- persons that the City ING CHAT THE Council of the City of PUBLESTTS,MORALS AND ($628.13 INTER- Sales Discou Southlake,Texas.will GENERAL WEL- he holding public FARE DEMAND THE r ) egular hearing during the j ZONING CHANGES meeting gq to city be council on AND AMENDMENTS April 17,2001,atl7 7:00 HEREIN MADE' p.m.The meeting will PROVIDING THAT held in the City THISORDINANCE CNet Amount: $96.39 Council Chambers of SHALL BE CUMULA- Town Hall,1400 Main TIVE OF ALL ORDI- Street, Southlake, NANCES- PROVID- Texas.Purpose of the ING A SEVERABILI- hearing will be held TY CLAUSE' regarding the follow- PROVIDING FOR A ing: PENALTY FOR VIO- CITY OF LATIONS HEREOF; SOUTHLAKE, PROVIDING A SAV- TEXAS INGS CLAUSE' ORDINANCE NO. PROVIDING FOR 480-361 PUBLICATION IN AN ORDINANCE THE OFFICIAL AMENDING ORDI- NEWSPAPER; AND NANCE NO. 480 AS PROVIDING AN EF- AMENDED, THE FECTIVE DATE. COMPREHENSIVE SECTION 7. ZONING ORDI- Any person, firm or NANCE OF THE corporation who vio- CITY OF SOUTH- lates, disobeys, ne- LAKE, TEXAS; glects or refuses to GRANTING A ZON- comply with or who ING CHANGE ON A resists the enforce- CERTAIN TRACTOR men/ of any of the TRACTS OF LAND provisions of this or- N STATI OF WITHIN SOUTHLAKE, notes more nce hthan all be fined County o TEXAS BEING LE- Thousand Dollars GALLY DESCRIBED ($2,000.00) for each AS TRACTS 2A1B, offense. Each day 2A1 D, AND 2A2, that a violation is Before ME OBEDIAH W. permitted to exist te, this day personall;r appeared Snalini Doss, Bid and Legal Coordinator, for the Star- Tele KNIGHT SURVEY, shall constitute a r I g ram, ABSTRACT NO.899, separate offense. rYh, in Tarrant Count',Texas;and who,after being dully sworn,did depose and say that the attached c BEING APPROXI- _Sandra L. LeGrand above named paper 1 the listed dates: MATELY 3.00 1 -City Secretary P P ACRES AND MORE City of F]uthlake FULLY AND COM • - PLETELY DE- Signed j SCRIBED IN EXHIB- IT "A" FROM. "AG" GICSUBSCRI'E D STR CT To' sF- BEFORE ME, THIS Monday, Apr' 09 2 1. 1A"SINGLE FAMILY RESIDENTIAL DIS- TRICT SUBJECT TO THE SPECIFIC RE- Notary Public 15;1? dal:E.-4j OUIREMENTS CON- TAINED IN THIS ORDINANCE; COR- RECTING THE OF • - FICIAL ZONING - - - MAP' PRESERVING ��� �y- CHRISTY L.HOLLAND '��' MY COMMISSION EXPIRES Thank You For Your Payment `, � rh'' JULY 31,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 190654631 Invoice Amount: $96.39 PO Number: Amount Enclosed: r$ I