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480-389CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-389 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 15, H.A. THROOP SURVEY, ABSTRACT 1237D, BEING APPROXIMATELY 0.95 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM "AG" AGRICULTURE DISTRICT TO "SF -30" 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" Agriculture District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person Page 1 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, Page 2 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 15, H.A. Throop Survey, Abstract 1237D, being approximately 0.95 acres, and more fully and completely described in Exhibit "A" from "AG" Agriculture District to "SF -30" 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. Page 3 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. Page 4 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 Page 5 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 J —q day of , 20 EL- MA ATTEST: o�;.•' '•. �t�` A. U' CITY SECRETARY PASSED AND APPROVED on the 2nd reading the J day of f "� , 2007L MAYOR ATTEST: gOU Th U' ( „ n SECRETARY (19e7 k rn co Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: 4 1 — ,� ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Tract 15, H.A. Throop Survey, Abstract 12371), being approximately 0.95 Acres. PROPERTY DESCRIPTION Being oil that certain lot, tract or parcel of land out of the H.O. Throop Survey, Abstract 1273, Denton County, Texas, being part of a 25.2 acre tract conveyed to Mrs. E. Thomas described in Volume 311, Page 542, Deed Records, Denton County, Texas, and described by deed as beginning at an iron rod 217.6 feet South 0 degrees 35 minutes East of the Northwest corner of Mrs. E. Thomas propery and Northeast corner of a 8.75 acre tract conveyed to Jinks Jones described in Volume 384, Page 615, Deed Records, Denton County, Texas; Thence North 74 degrees 59 minutes East, 203.38 feet to a point on the West right —of —way of a County Road, from which a 3 inch iron pipe bears North 88 degrees 04 minutes West at 1.27 feet; THENCE South 26 degrees 56 minutes East (Reference Bearing Vol. 617, Pg 696) along right —of —way of said Rood, 178.27 feet to on 112 inch iron rod found for corner; THENCE South 70 degrees 42 minutes West, leaving said right —of —way, 291.52 feet to an 112 inch iron rod found for corner; THENCE North 0 degrees 35 minutes West, 202.60 feet to the POINT OF BEGINNING, and Containing 1.049 acres of land, more or less; SAVE AND EXCEPT the South Fifteen (15) feet of the above described tract of land which was conveyed by Warranty Deed from Carl E. Bohannon and wife, Florence M. Bohannon, to James Lee Morrow and wife, LoJuano Gay Morrow, by Warranty Deed dated June 21, 1979, recorded in Volume 964, Page 439, Deed Records, Denton County, Texas. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 211786651 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 MOO MAIN ST Order Number: 21178665 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 3/8/02 IC , I atI's "'' 1 al CITY OF SOUTHLAKE,TEXAS ORDIN 13580 1 104 104 LINE $6.08 $632.32 CITY OF SOUTH- — LAKE, TEXAS CIL MEETING. Sales Discount ORDINANCE NO. MAYOR: Rick Stacy ($548.08) NANCE 480 AS-389 ATTEST. E. men Tay- ` J AN ORDINANCE Acting Cry Secrete FO AMENDING ORDI- APPROVED AS T� AMENDED, THE lor, Jr. COMPREHENSIVEZ OFTHE ORDI- NANCE CITY Net Amount: $84.24 OF SOUTHLAKE TEXAS- GRANTING A ZONING CHANGE ON A CERTAIN TRACT OF TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEX- AS BEING LEGALLY DESCRIBED AS TRACT 15 H.A. THROOP SURVEY, ABSTRACT 1237D, BEING APPROXI- MATELY 0.95 ACRES, AND MORE FULLY AND COM- PLETELY DE- SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURE DIS- TRICT TO "SF-30" • SINGLE FAMILY THE STATE OF T I TRICIT SUBJEC D10 FIC RE- County of Tarrant QUIREMENTS CON- TAINED IN THIS ORDINANCE,' COR- Before me, a Nota RECTING THE - E OF- ounty and State,this d rsonally appeared Christy Holland, Bid and Legal Coordinator FICIAL ZONING- for the Scar Telegra MAP; PRESERVING Telegram, Inc.at For Wo th,i Tarrant County, Texas;and who,after bei duly sworn, did depose and say ALL OTHER POR-nt was published in t e ab a med paper on the listed dat s: BIDS 8i E ALS DEPT. STAR TELEG that the at[ached cl ZONING OF ORDII--1 ��/J/� ($1 7) 390 7182. NANCE; DETER- MINING THAT THE MOR LS INTEREST, GEN- Signed ERAL WELFARE g DEMAND THE ZON- ING A M E N D CHANGES N T S ME THIS Tuesday,Ma ch 12 2 2. AND SUBSCRIBED ANC HEREIN MADE PROVIDING THAT THIS ORDINANCE SHALL BE cuAu- Notary Public LATIVE OF ALL ORDINANCES, PROVIDING A SEV- • v ERABILITY CLAUSE; ►u VICKI L.WASON PROVIDING FOR A e +04 PENALTY FOR VIO— + +` MY COMMISSION EXPIRES CATIONS HEREOF, I/' Thank You F PROVIDING A SAV- ,,j �,, 1 INGS CLAUSE/ft -!+� i+'` AUGUST 28,2004 PROVIDING FOFI �, PUBLICATION IN THE OFFICIAL - - - PROVIDINGRAN AND EF- FECTIVE DATE. SECTION 7. Any person, firm or corporation who vlo- St later•disobeys•omits, Customer ID: CIT57 Remit To: neglectr or referrer to comply with or who P. rer'rta the enforce- Customer Name: CITY OF SOUTHLAKE ment of an of the provisions inance shall this or FC not more than Two 76101-2051 Invoice Number: 211786651 Thousand Dollars ($2,000.00) for each offense.Each day that Invoice Amount: $84.24 a violation is permitted to exist shall consti- tute a separate of- PO Number: tense. PASSED AND AP- PROVED THIS THE 5TH DAY OF Amount Enclosed: MARCH, 2002, DURING THE REG- ULAR CITY COUN-i INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 211289641 FORT WORTH.TX 76102 (817)390-7761 Invoice Date: 2/22/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/28/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21128964 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 2/22/02 Description Location Col Depth Linage MU Rate Amount NOTICE OF PUBLIC HEARING CITY 13580 I 100 100 LINE S6.08 $608.00 NOTICE OF PUBLIC HEARING CITY OF SOUTHLAKE, TEXAS NOTICE was hereby Net Amount: $ 8.00 given to all interested persons that the City Council of the City of Southlake, Texas will be holding a public hearing during the regular city council meeting to be held on March 5,2002,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- inCIg TY OF SOUTH- LAKE, TEXAS ORDINANCE NO. 4ING IIECE11 \\U -:\ AN ORDINANCEAMENDING ORDI- NANCE NO. 480ASAMENDED 'THECOMPREHENSIVE ZONING ARTI- YMAR - 4 2002NANCE OF THE CITY .JOF SOUTHLAKE, -J TEXAS- GRANTING ( A ZONING CHANGE ON A CERTAIN • TRACT OF TRACTS --- t THE LAND CITY WITHIN OF and for said County and State, this d SOUTHLAKE TEX- personally appeared Christy ?Fdlland;�Bid and Legal Coordinator f AS BEING LEGALLY ed by the Scar-Telegram, Inc. at Fort or , I -Tarrant County,Texas;and who,after being duly sworn, did depose and say DESCRIBED AS n advertisement waspublished in th abo ed a er on the liste •d s: [ TRACT 15 H.A. p p THROOP SURVEY, ��// 1 ABSTRACT 1237D, .4 LL/' IL�_I BEING APPROXI- MATELY Signed l// ACS, 0.95 g ACRES, AND MORE FULLY AND COM- ( PLETELY DE-SCRIBED IN EXHIBIT TO BEFORE ME, THIS Monday, February 25, 200-Ze.D 1 1(r//��/�/ "A" FROM "AG" AG- I / . r , • CX / / ``WOrY\ RICULTURAL DIS- TRICT TO "SF-30" Nota SINGLE FAMILY ry Public RESIDENTIAL DIS- TRICT,SUBJECT TO .t`i VICKI L.WASON THE PECIFIC RE- u`=•. QUIREMENTS CON- �•'; TAINED IN THIS ♦ fj`♦1 ORDINANCE; COR- ,Irl • MY COMMISSION EXPIRES RFICIAL CTING THE OF- AUGUST 28,2004 FI ZONING �"",,,, i Th; ALL OTHER O HERERPOR r Payment 4 TIONS OF THE -_.-- ZONING ORDI- NANCE; DETER- MINING THAT THE PUBLIC INTEREST, MORALS AND GEN- ERAL WELFARE DEMAND THE ZON- R 7� 7 ING CHANGES AMENDMENTS TD AND e AME ;ram Customer ID: CIT57 HHEREINING MADE; THIS ORDINANCE 901051 Customer Name: CITY OF SOUTHLAKE SHALL BE CUMU- LATIVE I N AON C E SF L ORD )RTH, TX 76101-2051 Invoice Number: 211289641 PROVIDING A SEV- PROBVID PROVIDING ILITY LA FOR Invoice Amount: $608.00 PENALTY FOR VIO- LATIONS HEREOF; PO Number: PROVIDING A SAV- INGS CLAUSE; PROVIDING FOR $' PUBLICATION IN Amount Enclosed: THE OFFICIAL NEWSPAPER; AND PROVIDING AN EF- FECTIVE DATE. <im Bush Acting City Secretary city of Southlake, Texas