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480-387OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -387 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 1A SITUATED IN THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, AND BEING 2.292 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 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, 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 Tract I situated in the John Childress Survey, Abstract No. 254, and being 2.292 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural 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 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 iq day of , 2002. ATTEST: 60L� lip ACYING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of Gtr` �-, 2002. FA _A ATTEST 50.•.....,;'rF' -.- O• :mss A TING CITY SECRETAR)'' „ *...... APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ' DATE: ADOPTED: EFFECTIVE: '3'3 jz)-b6o2---, EXHIBIT "A" STATE OF TEXAS COUNTY OF TARRANT DEDIC:ATIf0% AND OWNER'S CERTIFICATION r, BP ING o tract o f ionej situated in the John Childress Survey, Abstract Survey Number 254, Torrent C Jr'ty, lems and being all of that certain tract as described by deed to Chores V Mils and wife, Flora L. vlills rec orded in Volume OOM, Page O00, Deed Records. T orrani . CS rJv, Texas. so cl tract of fond being more porticulor,r described by mans and pounds as MAWS: BEGINN NG at u J/4 4 'Inch iron pip, found at the southwest corner of Lot 1 1 , J,'ohn Chi dress No 254 tit d , m, an cd .rtion to the Cit of Southiake according to the prat re (:carded it+ C C'U i? ;et .A, Slide 912 Pic, Records, Ta"cM ;bounty, exas, said 7Clint being the north line of a tr qct of load described by deed to Jack E. Sandlin and recorded in Volume 4993 Page 52t sold Deed Records; 'h if_NCE Souti 59 degrees 31 minutes 00 seconds West, along the north said He of Sa dlin ;react and along the north Hne of o tMa of land as described to rocky D. Smother ,ard Michael Cowen and recorded in Volume 12423, Page 422, said deed Records, a distance of 36T40 Net to a 5/8 inch iron rod set at t he east right—of—way line of Lonesome Dave, p oc d; TI I.', North CC cegrees 16 TALItes 00 seconds East, along sn;d east right —of —way ne, a distance of 214 50 feet to a 5/8 inc." Won rod set at the beginning of a curve to the right whose rodius i s ,U.�� Net; THENCE along said curve in a northeasterly direction. an arc length of 77.74 fee[ a chard Oncth of 7014 feet and a dead of 89 degrees 05 minutes 01 second to a 511 inch iron rod set; HE NCE. No tti Hg degrees 31 minutes 00 seconds East, along the scuth l ine of soic of Burney Lane, o distance of 344.35 feet to a 3`'4 inch iron, pipe found; „ SmAh 05 de ' rees 56 ...mute:s 00 seconds West, along the west line of the cforernf ntioned I of 1, John Childress No. 254 Addition, a distance of 265.43 `ee to the P OINT OF E:EG NNING and contain'ng 2. acres o,f land. INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 211786621 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/8/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21178662 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 3/8/02 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 1 11 111 LINE $6.08 $674.88 I CITY OF Sales Discount SOUTHLAKE_, S ($584.97)NANGEX 480-387 AN ORDINANCE AMENDING ORDI- NANCE NO. 480 AS AMENDED, 'THE ZONING EHE ORDI- Net Amount: $89.91 NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF ASBEKLLYSINGEGA DESCRIBED AS TRACT 1A SITUAT- ED IN THE JOHN CHILDRESS SUR- VEY, ABSTRACT . NO.254,AND BEING 2.292 ACRES AND HE STATE OF MQ RE FULLS AN�ID aunty of Tarrar SOMBLETELY DE- A" FROM D IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS- Before me,a No TRICT SINGLE AMIL d County and State, this day ersonally appeared Christy Holland, Bid and Legal Coordinator for the Star-Tele RESIDENTIAL DIS-tar-Telegram, Inc.at Fort o th, i Tarrant County, Texas; and who,afte being duly sworn, did depose and say TRICT SUBJECT TO that the attached THE SPECIFIC RE-Went was published in th b e mad paper on the listed d es. BIDS LEGALS DEPT. STAR LEGRAM (817) 390-718: TAINED ErIN`S CON- - ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING Signed ALL OTHER POR- TIONS OF THE SUBSCRIBED Al ZONING ORDI-E ME, THIS Tuesday, March 12,2002. X NANNG' DETER- MINING THAT THE PUBLIC INTEREST, EL MORALS AND GEN- WELFARE Notary Public DEMANDOAL2:::nAss"---- THE ZON- ING CHANGES AND AMENDMENTS PROVIDING MADE; THIS ORDINANCE ' SHALL BE CUMU- LATIVE OF ALL 'i►� .. VICKI L.WASON ORDINANCES; ;i d_ PROVIDING A SEV- f* �P-- *; MY COMMISSION EXPIRES ERABILITY CLAUSE; PROVIDING FOR A ,� �\ PENALTY FOR VIO- •• as ' AUGUST 28,2004 LATIONS HEREOF; Thank You F INGSVIDIN CAUSE-ant PROVIDING FOR —--————— PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 7. Any person, firm or Remit To: !etas,disobeys,omits, C corporation who vio_ Customer ID: CIT57 neglects or refuses to F comply with or enforce- Customer Name: CITY OF SOUTHLAKE ment of any of the F d Wane shall beifinedCX 76101-2051 Invoice Number: 211786621 not more than Two Thousand Dollars ($�000 00 Ohf daeach Invoice Amount: $89.91 a violation Is permitted to exist shall consti- PO Number: tute a separate of- fense. PAS AND S THE Amount Enclosed: 5TH DAY OF MARCH Id THE REG- ULAR CITY COUN- CIL MEETING. MAYOR: Rick Stacy ATTEST: tyKim Bushh APPROVED SASetTO FORM: E. Allen Tay- ,