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480-379CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -379 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 3E2A, 3E2A4, 3E3A, 3E12, AND 3E13, SITUATED IN THE JOHN CHILDRESS HEIRS SURVEY, ABSTRACT NO. 254, AND BEING APPROXIMATELY 1.314 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" 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 Page 1 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 Page 2 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: Being Tracts 3E2A, 3E2A4, 3E3A, 3E12, And 3E13, situated in the John Childress Heirs Survey, Abstract No. 254, and being approximately 1.314 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA" Page 3 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. Page 4 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 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 Page 5 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 l(� day of 001. GIT Y o MAY c : i ATTEST: SW 8111tills"Llk" A * PASSED AND APPROVED on the 2nd reading the 0 day J , 2001. aau...►. GiTY pF 0 MAYO o .Go • ATTEST: •% ••: >1 i CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY "E /�..1r Page 7 EXHIBIT " A " Being Tracts 3E2A, 3E2A4, 3E3A, 3E12, and 3E13, situated in the John Childress Heirs Survey, Abstract No. 254, and being approximately 1.314 acres. T -T 0= TEXAS fl: M 7 , i GF T hR RAWT T 6i11EREAS Wb.rc'n Cn.1ar ALLe.n, is the owner of a tract ir. the .': r Chiidret•s !�L:rvey AH.stYdtt KO. 254, situated in the City of % :suthlave, Tarrant County, 'texas, as des in deeds bE record i i . 176 , ra-le 946, and Volume 6250. Page! 483, and beinij *i•ir: r.3'tiT!;jar! dL:sc:ibed by me te9 and bounds as follows: 7 ,._' n tr.•g it a 'j'?" iron Set .L`- the { - jter^ , -P1' :inn nF the rc "therl and va-�L.e'•rly lanes of a road ealeffie t having a vLdtb of 20.00 feet a9 described in a deed of record in VcLurne 4732, Page 352. Deed Recnrds, ;,grant County, texas, said poirt being by deed calls 908 varas worth, 101.5 varag West. K. 89 E. X0.5 feet, and W, !G-18 20 feet from the southeast corner of said Childress Survey,said 110irit also being the to•itilwt-st corner of the horei n described tract: - `l. 1 rert dlo•1g the easterly line r t're agave mentioned road easement to a tf iror, :iLst 1 samez T}1E% ' w'. IL 301 - °E. 95.30 feet c:cntinukng along said easterly line Lo a 1!2" iron found in same for the nnrthye4t corner Mf the hereiLt described tract, said point beiny the NnLithwe st• earner of a tract described :n a deed recorded In Volume 7449, paye 1639, ,Deed Rec+ord5, Tarrant Cuunty, Texas; THENCE S. 951 0C-00 "E. ?02-40 feet along the sovtr tine cf the lal refarvnCed tract to a 1 12" iron found at the sianthea5t corner nfia!ne in the west line of a tract lescr.`ed i,% a :sea: to the USA as C -261, for Grapevine sake: ;►i;, : :: S. 3c -38'- 30•' E. 7 28.1+0 feet along said west line of Tact C - 281, .o a 1 12" iron set 1 - 1 sanlo Cn the 3•o'.,theCst zorner of the hereir. des. :Arent teaetr "71= CF 3. e3o=07'- 00 2??.02 fppt a %ong the rcrtheLr!y line of a rrdd VaseMent, above mentL()Med, to the PQ:W: Of 7EG1X 7NC. and containing 1,314 acres. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 206622011 FORT WORTH,TX 76102 Invoice Date: 10/20/01 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/01 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 20662201 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 10/20/01 'vit<: £fi's:o r?....map ..... ............ .....+..+»;.:�`;;.:n.';r.:.<:.:+:;':irva;:..a.;.`•;:::::;.:?;:2+. ;.>:^:i":Co .. ' :fiR:i::i :..:........:.: n ............... :.::.....: ::. ..... w\.+ 3•+ , CITY OF SOUTHLAKE,TEXAS CITY I3580 1 113 113 LINE $6.08 $687.04 Sales Discount ($595.51) CITY OF MORALS AND GEN- SOUTHLAKE TEXAS ERAL WELFARE CITY OF DEMAND THE ZON- . SOUTHLAKE TEXAS ING CHANGES AND $91.53 ORDINANCE NO. AMENDMENTS Net Amount: 480-379 HEREIN MADE; AN ORDINANCE PROVIDING THAT AMENDING ORDI- THIS ORDINANCE NANCE NO. 480,rAS I SHALL BE CUMU- AMENDED• LATIVE OF ALL COMPREHENSIVE ORDINANCES,- ZONING ORDI-1 PROVIDING FOR A NANCE OF THE CITY S E V E R A B I L I T Y OF SOUTHLAKE, CLAUSE; PROVID- TEXAS' GRANTING ING FOR A PENALTY A ZONING CHANGE FOR VIOLATIONS ON A CERTAIN HEREOF; PROVID- TRACT OR TRACTS ING A SAVINGS OF LAND WITHIN CLAUSE' PROVID- THE CITY OF ING FOR PUBLICA- SOUTHLAKE TEX- TION IN THE OFFI- AS BEING LEGALLY CIAL NEWSPAPER; DESCRIBED AS AND PROVIDING AN TRACTS 3E2A, EFFECTIVE DATE. 3E2A4, 3E3A, 3E12, SECTION 7. AND 3E13, SITUAT- Any person, firm or ED IN THE JOHN corporation who vio- CHILDRESS HEIRS lates,disobeys,omits,B SURVEY, neglects or refuses to STRACT NO. 254, comply with or who AND BEING AP- resists the enforce- • PROXIMATELY 1.19, ment of any of the T ACRES, AND MORE provisions of this or- FULLY AND COM- durance shall be fined L. PLETELY DE- not more than Two SCRIBED IN EXHIBIT Thousand Dollars A" FROM AG" AG- ($2,000.00) for each BICULTURAL DIS- offense.Each day that BI TRICT TO 'SF-1A" lii a violation is permitted.y and State,t ay personally appeared Christy Holland, Bid and Legal Coordinator SINGLE FAMILY to exist shall consti- fc RESIDENTIAL Dls- it Lute a separate of-3gram, Inc. a Fo t rth, in Tarrant County,T-xa • and vi h., after being duly swor ,did d! TRICT SUBJECT TO THE SPECIFIC RE- a PASSED AND AP-advertlSem t as ublished in the above na ed �aper e li te. dates: QUIREMENTS CON- PROVED BY THE TAINED IN THIS CITY COUNCIL OF `�� ' �. 01" ORDINANCE; COB- THE CITY OF Signed - Y RECTING THE OF- SOUTHLAKE TEX- �-�� - FICIAL ZONING AS ON THIS THE MAP; PRESERVING L 16th DAY OF OC- Sl ALL OTHER POR-ICI TOBER, 2001. S Wednesday, October /2001. TIONS OF THE MAYOR RICK STACY / ZONING ORDI- ATTEST: SANDRA L. Ai 40 NANCE; DETER LEGRAND CITY i MINING THAT THE SECRETAk1Y NotaryPublic PUBLIC INTEREST, APPROVED AS TO FORM: E. ALLEN +ry . WASO TAYLOR JR., CITY '.f ���•t MY COMMISSION EXPIRES ATTORNEY — .t,.� \ y,_' • .r AUGUST 28,2004 Tha ur Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 206622011 Invoice Amount: $91.53 PO Number: Amount Enclosed: ..+_ ::: .+....w....+ w v:k� . INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 206028571 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 10/5/01 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 10/31/01 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 20602857 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 10/5/01 i � >l ` " tssf 9; ', 5. Va.,,, :, ai : ds i .4 i . ijia CITY OF SOUTHLAKE,TEXAS NOTIC I3580 1 117 117 LINE $6.08 $711.36 ITY Sales Discount SOUTHLAKE,TEXAS NOTICE was hereby ($616.59) given to all interested persons that the.City Council of the City of Southlake,Texas,will be holding a public hearing during the $94.77 regular city council Net Amount: meeting to be held on October 16, 2001, at 7:00 p.m.The meeting will be held in the City Council Chambers of Town Hall, 1400 Main Street, Southlake, Texas.Purpose of the hearing will be held regarding the follow- ing: CITY OF S ORDINANCE N TEXAS O. 480-379 AMENDING INORDINI-- NANCE NO. 480,rAS AMENDED, COMPREHENSIVE ZONING ORD1- OFNCESOUTHLAKE TEXAS' GRANTING • A ZONING CHANGE THE STATE OF ON A CERTAIN TRACT OR TRACTSI County of Tarra THE LA CITWIT OF SOUTHLAKE TEX- AS BEING LEGALLY Before me, a Nc TDRACTS ED 3E2A 'aid County and State,this personally appeared Christy Holland, d and Legal Coordinator for the Star-Tel€ 3E2A4, 3E12 ANd I Star-Telegram, Inc. at Fo t o h, in Tarrant County,Texas; and w o, after being duly sworn,did 3E13, SITUATED IN depose and say THE JOHN CHIL- ing of an advertisement as shed in the above na d ap r the 1,stgd dates: DRESS HEIRS 11a _ SURVEY, AB- STRACT NO. 254, 12 i& ki AND BEING AP- Signed (/ri PROXIMATELY 1.19 ACRES, AND MORE SUBSCRIBED Al' FULLY LY AND C M-E MEDE- ,THIS Monday, October 08 2001 PLETESCRIBED IN EXHIBIT / "A" FROM AG" AG- RICULTURAL DIS- Notary P �- TRICT SUBJECT TO y ubliC THE SPECIFIC - - '-' RE- QUIREMENTS CON- TAINED IN THIS :oil "s., VICKI L.WASON ORDINANCE; COR- + o% RECTING THE OF- i " MY COMMISSION EXPIRES FICIAL ZONING 1 ,(,i ALL OTHEPRESERVING RPOR- , ,r.'� AUGUST 28,2004 Thank You Fi TIONS OF THE:lt ZONING ORDI- w,.,,......_ NANCE; DETER- . .. ......W....,,.-..,-... MINING THAT THE ._........................................................................ _...,......... ............................... PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- ING CHANGES AND St HEREINOVID MA AMENDMENTS E Remit To: PRING THADT Customer ID: CIT57 THIS, ORDINANCE P' 9109/ Lio9L 9I.09L Customer Name: CITY OF SOUTHLAKE F( slosE glosL E409L ( 76101-2051 Invoice Number: 206028571 um. 1109E oio9L 6009E LOO9L 9009E Zoo9L 1009L MSC Invoice Amount: $94.77 ZSOSL LSOSL OGOGL q eaiy -sales a6eJeD PO Number: iimmimmilmmmil _ unS-u3 'wed 7 39r1H Amount Enclosed: ',$:.,,. :PH 11e8 404E - 0419E 6-8leS-!i3 :JO iJ0 siegwey0 Z lL-O71.9L seipoo6;o slot'seylolo