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480-412OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-412 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 BEING LOT 2, A.A. FREEMAN NO. 522 ADDITION AND TRACT 2A1A, SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, AND BEING APPROXIMATELY 1.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-30" SINGLE FAMILY RESIDENTIAL 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 lhe 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 and "SF-30" Single Family Residential 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 haviag 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 snrrounding 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 tile site and in the immediate neighborhood; adequacy of parking as deter~nined 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 tile 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 amendmenls, anti that the zoning changes do not unreasonably invade the rights of those who bonght 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 them has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land reqnested 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 am 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 go that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Lot 2, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 3233, Plat Records, Tarrant County, Texas, and Tract 2AIA, situated in the A.A. Freeman Survey, Abstract No. Page 3 522, and being approximately 1.47 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF-30" Single Family Residential 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 am 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 welfitre 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 tile comlnunity. Page 4 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. Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penal~y together with a notice setting out the time and place for a public bearing 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 7th day of January, 2003. ATTEST: CITY SECRETARY Page 6 PASSED AND APPROVED on the 2nd reading the 21st day of January, 2003. ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY / DATE: ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being Lot 2, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Tan'ant County, Texas, as recorded in Cabinet A, Slide 3233, Plat Records, Tarrant County, Texas, and Tract 2A1A, situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.47 acres. ~-IEOINNING Al A 1/2' iRON PIN FOUND IN llqE NOR1H LINE OF BLOCK 3, SOUTHR1DGE .LAKES, PHASE iii, SECTION ONE, AN ADDITION TO THE OFf OF- ~OUTHLA~E, TAJ~RAN'T COUNI¥, TEXAS, ACCORDING TO THE PLAI' RECORDED iN CADINET A, SLIDE 782, PLAI RECORDS, TA~RANT COUNTY, TEXAS~ FOR THE SOUTHEAST CORNER OF PRACT BEING DESCRIBED. SAID POINT BEING THE sOUTHWEST CORNER OF LOT 3, AND THE %OUTHEA.S] CORNER OF tO1 2, A.A. FREEMAN NO. 522 tHENCE NORTH ~ DEGREES 45 MINUTES 25 SECONDS WEST 5~-7,17 FEET ALONG THE NOI~:H LINE OF '-JAID BLOCK 3. SOUIHRIOGE LAKES, PPO~E Ill, SECllON ONE, ACCORDING T~O. PLATS REC~ IN CABINET A, SLIDE 782 AND SUB/ 913. PLAT RECOf,~DS, TAR~ANT COUIgrY, TO A 5/8 IRON PIN FOUND iN THE fSOUTHERLY R.O.W. LINE OF PEY3'ONVILLE AVENUE FOR THE SOUTHWEST CORNE.~ OF TRA. C'F BF. JNG DESCRIBED, LOCATED iN A CURVE TO THE RtGHI WItH A RAD~S OF 368.00 FEET} ~HENCE NORTHEASTERLY ALONG SAID R,O.W, AND CURVE TO THE RIGH'[ 114.61 FE~T TO A .5/~1" IRON PiN FOUND FOR TH[ END OF Eo~lO CURVE, WHO~E CHORD BE. AR~ 114.15 FEET NORrfH 56 DEGRE~ 44 I~INIJIE.~ 5g SECONDS THENCE NORTH 6:5 DEGIt[E. ES ~ MINUTES t9 SF..CONDS EA~I' ~tO,97 FEET AND CONTINI,.qNG SAID R.O.W. TO A 1/2" IRON PIN FO~JND FOR TH/ NORTHEAST CORNER OF TRACT 8EtN~ SAID POIFIT BEING I~IE NORTHEAST CORNER OF .%fid LOT 2 AND IBE NOE1HWEST CORNER OF SAID tOT .5, ~--~ID A.A, FREEMAN NO, 522 ADDFrION; 7HENCE SOUTH 25 DEGREES 16 MINUTES 55 SECONDS EAST 24~-.83 FEE*i' ALONG THE COMMON LINE BETWEEN LOTS 2 ANO ~, SAiD A.A. F~EEMAN NO, 522 ADD~ON ~O THE POINT DE BEGINNliqG AND CONTAINING ~.47.3 ACRES OF LAN[), MORE OR Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 222886401 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 1/10/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22288640 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 1/10/03 Description Location Col Depth Linage MU Rate Amount NOTICE OF PUBLIC HEARING ,pore than Two 1 124 124 LINE $6.63 $822.12 NOTICE OF PUBLIC Thousand Dollars HEARING ($2,000.00) for aach Notice is hereby given offense.Each day that Sales Discount by the City Council of a violation is permitted ($721.68) the City of Southlake, to exist shall consti- Texas, that a public tute a separate of- hearing will be helC tense. on January 21, 2003 City of Southlake I at 6:00 p.m. or im- Lori Farwell mediately followinc City Secretary the Work Session, during the Regular Net Amount: $100.44 City Council Meeting to be held in the City Council Chambers of Town Hall,1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- R /� nnCTY OF SOUTH- ?tlL} 11 LAKE, TEXAS ��VVV"' n q ORDINANCE NO. U 480-412 AN ORDINANCE ti, AMENDING ORDI- NANCE NO. 480 AS / AMENDED, THE /" COMPREHENSIVE / ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE Orr, C TEXAS GRANTING THE STATE A ZONING CHANGE oFCfry,S ON A CERTAIN County of T. TRACT OR WITHIN cF 1;4R y THE CITY OF SOUTHLAKE TEX- Before me,a AS BEING LEGALLY said County and State, this day personally appeared KAREN WILLIAMS, Bid and Leal Coordinator DESCRIBED AS BE- g for the Star-Ti ING LOT 2 A.A. !Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say 2 that the attach FREEMAN ON O.AND sement was published in the above named paper on tl listed dates: BIDS 8t LEGALS DEPT. STAR TELEGRAM SITU- (817) 390-71 TRACT 2A1A ATED IN THE A.A. 1 FREEMAN SURVEY, 1 ABSTRACT NO.522, AND BEING AP- PROXIMATELY 1.47 Signed ., A `_ IL. A (.1) ACRES, AND MORE FULLY AND COM- SUBSCRIBED i PLETELY DE- )RE ME THIS SCRIBED IN EXHIBIT r Sunday, ]an / '�IQ3„ / "A" FROM AG" AG- RICULTURAL ANDDL DI0" �`1 TRICT "SF-30" J SINGLE FAMILY Notary Public / lb��il�ir r --- _ _i,, RESIDENTIAL DIS- + � ..,,t,✓ TRICT TO SF-1 A" 7 b'." t'r=. 'STY L.HOLLAND SINGLE FAMILY ',.r 1p. RESIDENTIAL DIS- 1: , , - M� nMMISSION EXPIRES TRICT SUBJECT TO : ��; THE SPECIFIC RE- . pr+$'•'' JULY 31,2004 Thank You .QAINED E'INS TH S ent ORDINANCE; COR- RECTING THE OF- FICIAL ZONING MAP; PRESERVING OTHER OF POR- TIONS TE ZONING ORDI- MIINICE;NG THATETTHE Remit To: PUBLIC INTEREST,MORALS AND GEN- Customer ID: CIT57 ERAL WELFARE T T�r�7 DEMAND THE ZON- Customer Name: CITY OF SOUTHLAKE ING CHANGES AND AMRIN ENDMENTS T 76101-2051 Invoice Number: 222886401 HE MADE; i A THIS ORDINANCE I SHALL BE B OFCUA L Invoice Amount: $100.44 ORDINANCES; i PROVIDING A SEV- ERABILITY CLAUSE; ' PO Number: PROVIDING FOR A PENALTY FOR sV10- Amount Enclosed: `$ • INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 223436111 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/24/03 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 1/31/03 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 22343611 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn CITY . MANAGER OFFICE Publication Date: 1/24/03 z CITY 07 cnt ITuf Ak'F Try_Ac nRn1N 13580 1 107 107 LINE $6.63 $709.41 CITY OF SOUTH- PLETELY DE- LAKE, TEXAS SCRIBED IN EXHIBIT ORDINANCE NO. "A" FROM "AG" AG- ($622.74) Sales Di:AN ORDINANCE TANDL"S DIS- TRICT30" AMENDING ORDI- SINGLE FAMILY NANCE NO. 480 AS RESIDENTIAL DIS- AMENDED, THE TRACT TO SF-1A" COMPREHENSIVE SINGLE FAMILY ZONING ORDI- RESIDENTIAL DIS-' TEXASNCE SOUTHLF THE AKE, THE TY TSPECIFIC T TO RE-- Net Amount: ($1,158.81) TEXAS; GRANTING QUIREMENTS CON- A ZONING CHANGE TAINED IN THIS ON A CERTAIN ORDINANCE; COR- TRACT OR TRACTS RECTING THE OF- OF LAND WITHIN FICIAL ZONING THE CITY OF MAP; PRESERVING SOUTHLAKE TEX- ALL OTHER POR- AS BEING LEGALLY TIONS OF THE DESCRIBED AS BE- ZONING ORDI- lECIEHE ING LOT 2 A.A. NONCE; DETER-FREEMAN NO. 522 MINING THAT THE ADDITION AND PUBLIC INTEREST, TRACT 2A1A, SITU- MORALS AND GEN- ATED IN THE A.A. ERAL WELFARE FREEMAN SURVEY, DEMAND THE ZON- ABSTRACT NO.522, ING CHANGES AND F sl• IAND BEING AP- AMENDMENTS eaACPRRES, AND MORE PROVIDING MTHAAT FULLY AND COM- THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL • ORDINANCES, OFFICE OF CITY SECRETARY PROVIDING A SEV- THE STATE OF TEXAS ERABILITY CLAUSE; ------ PROVIDING FOR A County of Tarrant PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS CLAUSE Before me,a Notary Public in PROVIDING FOR d State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator PUBLICATION IN for the Star-Telegram, publish( NEWSPAP oFFICAInALL 1, Inc.at Fort Worth, in Tarrant County,Texas; and who,after being duly sworn, did depose and say that the attached clipping of al PROVIDING AN EF-blished in the above named paper on the listed dates: BIDS&LEGALS DEPT. STAR TELEGRAM FECTIVE DATE. (817) 390-7182. SECTION it7. �Any person, firm o, UOL.c) n i �� corporation who vio- ►1!l Fates,disobeys,omits,,I ned neglects or refuses to g comply with or who ' (Liao/ resists the enforce- i meet of an 'of the SUBSCRIBED AND SWORN provisions of this or- dinance shall be fined not more than Two Thousand r eachVota Public :L121. ($2,000.00) for each ryoffense.Each day that a violation is permitted • - - jrf to exist shall coto of- CH ISTY L.HOLLAND tute a separate of- Al• i��r fense. ir PASSED AND AP- l' MY COMMISSION EXPIRES PROVED THIS THE "s I\ , Thank You For You 21st DAY OF JANU- ."'• , I ARY, 2003, DURING. -''6r JULY 31,2004 ...-.....-.........-..-..,...._..-..._._...a— THE REGULAR CITY'. d"----` - 4 COUNCIL MEETING. MAYOR: Rick Stacy ATTEST: Lori Farwell, City Secretary f Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 223436111 Invoice Amount: ($1,158.81) PO Number: Amount Enclosed: $