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480-413OFFICIAL RECORI CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-413 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 9D3, SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, BEING 1.987 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 Page 1 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 prodncing 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 Page 2 original investment was made; anti, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zorn ng lessen the congestion in the streets, helps secure safety from tim, 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 them 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 9D3, situated in the J.J. Freshour Survey, Abstract No. 521, being 1.987 acres, and more fully and colnpletely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District. Page 3 SECTION 2. That the Cily Manager is hereby directed to correct the Official Zoning map of the City of Soulhlake, 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 conununity. 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 Page 4 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 tile 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 tile 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 (I0) 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 Page 5 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 PASSED AND APPROVED on the 2nd reading the 21st day of January, 2003. ... ~J .. . 4' -~ ATTEST. ~'%'",,, ~** ,,,'" CITY SECRETAR~ Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE:_ d' ADOPTED: I'c9}-03 EFFECTIVE: Page 7 EXHIBIT "A" Being Tract 9D3, situated in the J.J. Freshour Survey, Abstract No. 521, being 1.987 acres. [~egnmlng at a wood tk.'nc¢ post m thc south linc of l?lorcnce R,.)ad (60' l~. O W) and bmng per deed the original northwwest co(lief of I,ot 4, J J. Freshour No. 521 Addition an addition to the City nF Southlake ils i-ccorded in Cabinet A, Slide 3094 oFlhc flat R~ords of Tan'ant Counly. Texas; TI I[(NCI1 S 00° 08' 25" W, al 1600 I'cct passing a 1/2" iron rod set with a "I'Q I~LJRKS #5509" caI) and a~ 1800 l'ee( a I/2" iron rod tbund and continuing in all 721.86 lket to a 5/8" iron rod lkmnd set in concrete nnd being by plat call the most nor(herly northeast subdivision co~u~er of I [illsidc Estates, an addition the £:ity of Southhlkc as I~]ed in Volume 388-181, Page I; P ~.'i £T.; I'}II~NCI~ N 88° 39' 4? W, 12042 feet along nollh line of said 1 lillside I~.statcs tr~ a 1/2" iron rod se[ with a "T(.) B[JRKS #551)9" cap and being by deed call the s,.)utheast corner o£ a tract ol~land as described in deed to Matthew David l~andall aBd Nancy Aim l~-andall, xvili? as recorded in Vohnne 15(157, Page 22I I)RTCT 1'1 I['~NCI~ N 00° 1 I' 04" W along easl line of said Randall tract at 703.05 Feet passing a 1/2" ilon rod set with cap and continuing in all 71905 Ibet to a "TQ I~l IRKS #5509" cap sc( in the south line of Florence Road; If II';NCE Easl 11994 lket to the Point of Beginning attd containing in all 86539 square Ibel or 1.987 acres of land Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 222886411 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: 22288641 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 NO NOTICE ARINGBLIC ING cHANosZArJND I3580 I 117 117 LINE $6.63 $775.71 Notice is the City given AMENDMENTS by exCtheS e'npuc TR SV il of DORDIN THAT Sale ($680.94) hearing will be held SHALL B oFCU ALL TIVE ALL on January 21,2003,im- LA at 6:00 p.m. or im- co R D I N A NC - mediately following PROVIDING A SEV the Work Session, ERABILITY CLAUSEA; during the Re ular PROVIDING FOR City Council Meeting PENALTY FORRSAO: Net Amount: $94.77 to be held in the City CATIONS SAV- Council Chambers of PROVIDIN CAA FOE Town Hall,1400 Main INGS Street, Southlake, PROVIDING IN Texas. PUBLICATIOOFI AND Purpose of the public THE hearing is to consider NEWSPAPER'F the second reading of PROVIDING AN EF- the following ordi- FECTIVE DATE. Hance: SECTION 7. CITY OF p ny orartion who vio� SOUTHLAKE TEXAS core s,omits, \ GEOSEcREI\ • A ZONING CHANGE a violation is permitted • ON A CERTAIN ii to exist shall consti- TRACT OR TRACTS lute a separate of- OF LAND WITHIN tense. Southlake THE CITY OF City. SOUTHLAKE_,_ TEX- Lon.Farwell AS BEING LEGALLY City Secretary BE TRACT DESCRIBED AS SITU- c in an tor said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator fo ATED IN THE J-J. di- shed by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say FRE IN S J J. th ryi Y, 521 ABSTRBEINACTG of an advertisement was published in the above named paper on the listed dates: BIDS 81 LEGALS DEPT. STAR TELEGRAM NO. (8 1.987 ACMES AND MORE FULLY� AND COMPLETELY DE- • j\l[,►��11 SCRIBED FROM "AG" AG- Signed Le,u} r ) . RICULTURAL DIS- TRICT TO 'SF-1 A' SINGLE FAMILY Ja ary 2 003.SU RESIDENTIAL DIS-ItN TO BEFORE ME, THIS Sunday, ,- TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS Notary Public ORDINANCE; COR- RECTING THE OF- FICIAL r PRESERVING 9 _�'"`'"�` CHRISTY L. OLLAND ALL OTHER POR- off, TIONS OF THE ]3 1,, MY COMMISSION EXPIRES ZONING ORDI- +..r Tb; Tha NANCE; DETER/Ur Payment J ^��s�.y MINING THAT THE 7�, JULY 31,2004 PUBLIC INTEREST. momanotimomenomwow MORALS AND GEC' _ `^ ERAL WELFAR DEMAND THE ZO ' ING CHANGES Af A M E N D M E N HEREIN M! ,' PROVIDING ' Rer SHALL BE DIN elegram Customer ID: CIT57 LATIVE Old 4`3 ORDIN A P ox 901051 Customer Name: CITY OF SOUTHLAKE PROVIDING) qE PERABILITY iT WORTH, TX 76101-2051 Invoice Number: 222886411 ENALDTY hk, LATIONS ohb PROVIDIT ` s Invoice Amount: $94.77 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 223436121 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: 22343612 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 1/24/03 s ,. ITY OF CITY OF SOUTHLA SOUTHAKE,TExASI 13580 1 100 100 LINE $6.63 $663.00 ORDINANCE NO. 480-413 AN ORDINANCE Sales Discount AMENDING ORDI- NANCE NO. 480 Ay$g ($582.00) AMENDED, THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A ZONING CHANGE Net Amount: ($1,083.00) ON A CERTAIN OFACAND WITHIN THE CITY OF SOUTHLAKE, TEX- AS BEING LEGALLY s DESCRIBED AS D E /,� IE n r� TRACT 9D3 SITU IIV�_ U I!S} ATED IN THE J.J. FRESHOUR SUR- VEY, ABSTRACT NO. 521 BEING 1.987 ACRES AND MOREM FULLY AND FEB ' O 2On^ COMPLETELY DE- •• r[p l.',1 SCRIBED IN EXHIBIT "A" FROM "AG" AG- RICULTURAL DIS- TRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DIS- OFFICE OF CITY SECRETARY TRICT SUBJECT TO • QUIREMENTSCCON- THE STATE OF TEXA ORDINANCE COR County of Tarrant FICIAI NG TZONING MAP; PRESERVING ALL OTHER PORT Before me, a Notary PL ZONING OF ONDIE- ty and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star-Telegram, i MIANING THATE THE !gram, Inc. at Fort Worth,in Tarrant County,Texas; and who,after being duly sworn, did depose and say that the attached clippir PUBLIC INTEREST, as published in the above named paper on the listed dates: BIDS 8i LEGALS DEPT. STAR TELEGRAM MORALS AND GEN- (B 17) 390-7182. ERAL WELFARE . DEMAND THE ZON- ING CHANGES AND \ QtJl. .k'\ nI , ^` 1 //�� , AMENDMENTS ►J ` ►, 1 t\, PROVIDING MTHAi Signed V�J THIS ORDINANCE 1 / SUBSCRIBED AND SW( SHALL BE cuAU.MU- / ATIVE of Au THIS Thursday,]an ry 0, 003. /� / ORDINANCES; I /�t,C _ / PROVIDING A SEV- / IC -�/�/l/// ERABILITY CAUSE PROVIDING FOR A Notary Public / , AIII/, LATIONS HERE F; PROVIDING A SAV- INGS CAUSE, ��;��Y..,, PROVIDING FOB+ o, CHRISTY L.HOLLAND PUBLICATION IN �/ THE OFFIo1AL MY COMMISSION EXPIRES Thank You For Y NEWSPAPER' AND `Sd„ - ..' PROVIDING AN EF- -.. 0"fir FECTIVE DATE.. - ..,.,..,,.," JULY3I,�QQ4 SECTION 7. --- Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses tb comply with or who resists the enforce- Remit To: Star-Tf ment of and of the Customer ID: CIT57 provisions of this or- P.O. Bl dinance shall be fined not more than Two. Customer Name: CITY OF SOUTHLAKE Thousand Dollarss • FORT o$f°se:Each day thll a violation is permittetl, 101-2051 Invoice Number: 223436121 to exist shall consti- tute eea separate of, Invoice Amount: ($1,083.00) PASSED AND A- HIS THE 2t R DAY OD OF JANLir PO Number: ARY, 2003 DURING y COUNCIL�MEERTING. Q MAYOR: Rick Stacy • Amount Enclosed: W ATTEST' y Secretary: LoFarwel$