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480-416CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-416 OFFICIAL RECORD 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 LOT 4A, BLOCK A, WHITE CHAPEL PLACE, BEING APPROXIMATELY 2.42 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 "RE" Single Family Residential Estate 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 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 Page 2 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 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 Lot 4A, Block A, White Chapel Place, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-174, Page 21, Plat Records, Tarrant County, Texas, being approximately 2.42 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "SF-1A" Single Family Residential District. Page 3 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 conmaunity. 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 Page 4 instances where provisions of those ordinances am 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 fights 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 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 21st day of January, 2003. .,,,~"~',',','".%% ATTEST: ,., ,.,9~n.?,~'~. ,. .: ~ ....... ***9, % %." .......... "...* CITY SECRETARY ........ PASSED AND APPROVED on the 2nd reading the 4th day of February, 2003. ATTEST: CITY SECRETARY Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Page 7 EXHIBIT "A" Being Lot 4A, Block A, White Chapel Place, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388-174, Page 21, Plat Records, Tarrant County, Texas, and being approximately 2.42 acres. Page 8 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 223258641 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 1/19/03 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: 22325864 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 1/19/03 s '- M-a 4f a '' , ,' ,, , i l ,A ;, Ilior i s € ' x ti ,. • €. , NOTICE OF PUBLIC HEARING Notic -TIONS OF THE I I 118 LINE $7.09 $836.62 NOTICE OF PUBLIC NANCE,ING DETER- HEARING - NANCE;Notice is hereby given PUBLIC INTERESINING THAT T, Sales Discount by the City Council of MORALS AND GEN- ($678.50) the City of Southlake, ERAL WELFARE Texas, that a public DEMAND THE ZON- hearing will be held ING CHANGES AND on February 4, 2003, AMENDMENTS at 6:00 p.m. or im- HEREIN MADE mediately following PROVIDING THAT the Work Session, THIS ORDINANCE Net Amount: ($1,198.88) during the Regular SHALL BE CUMU- ' City Council Meeting LATIVE OF ALL to be held in the City ORDINANCES; Council Chambers of PROVIDING A SEV- Town Hall,1400 Main ERABILITY CLAUSE; Street, Southlake, PROVIDING FOR A Texas. PENALTY FOR V107 Purpose of the public LATIONS HEREOF; hearing is to consider PROVIDING A SAV- the second reading of INGS CLAUSE - the following ordi- PROVIDING FOR IN D IS nn Hance: PUBLICATION IN EL V CITY OF SOUTH- THE OFFICIAL LAKE, TEXAS NEWSPAPER; AND ORDINANCE NO. PROVIDING AN EF- 480-416 FECTIVE DATE. AN ORDINANCE SECTION DI 7. ��FEBAMENDING OR - Any person, firm or NANCE NO. 480 AS corporation who vio- AMENDED, THE fates,disobeys,omits, COMPREHENSIVE neglects or refuses to ZONING ORDI- comply with or who NANCE OF THE CITY resists the enforce- OF SOUTHLAKE ment of any of the TEXAS* GRANTING provisions of this or- OFFICE OF CITY SECRETARY THE STATE OF TEXAS A ZONING CHANGE dir=shall be fined Countyof Tarrant ON A CERTAIN not more than Two TRACT OR TRACTS Thousand Dollars OF LAND WITHIN ($2,000.00) for each THE CITY OF offense.Each day that Before me, a Notary Public i As BEHNGKLEGAELv ro iexisto shape o sei ly appeared KAREN WILLIAMS, Bid and Legal Coordinator for the Star Telegram,publis °ASBiocK A WHIOTE fensea separate of- Tarrant County,Texas;and who,after being duly sworn, did depose and say that the attached clipping of shimEL APPROK- Coy of Southlake ed paper on the listed dates: BIDS 81 LEGALS DEPT. STAR TELEGRAM (817) 390-7182. MAYFLY 2.42 City Secretary ACRES, AND MORt 1 ' [AD Y COM- PLETELY DE- SCRIBED IN EXHIBIT igned A" FROM "RE" SINGLE FAMILY SUBSCRIBED AND SWORN TTATE DISTRICT TO Monday, Februa 0 2 3. "SF-1A" SINGLE FAMILY RESIDEN- TIAL DISTRICT SUBJECT TO THE otary Public SPECIFIC RE- QUIREMENTS CON- TAINED IN THIS !.±� ORDINANCE; COR- RECTING THE OF- FICIAL ZONING + �o Thank You For Youi MAP, PRESERVING ALL OTHER POR- f _ MY COMMISSION EXPIRES Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 223258641 Invoice Amount: ($1,198.88) PO Number: Amount Enclosed: 1$ 1 INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: I12010/223941101 FORT WORTH,TX 76102 (817)390-7761 Invoice Date 2/9/03 Federal Tax ID 22-3148254 Terms: DUE UPON RECEPT Due Date: 02/28/03 Bill To: CITY OF SOUTHLAKE PO Number 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Sales Rep: 073 Description ORDINANCE AD Publication Dates: 2/7—2/9/03 Description Location Col Depth Linage MU Rate Amount SOUTHLAKE ORDIN. 480-416 13580 1 X 102 102 LINE 226.42 $82.62 CITY OF SQUTHLAKE, TEXAS Legal Notices ORDINANCE NO. 480-416 TIONS OF THE AN ORDINANCE ZONING ORDI- AMENDING ORDI- NANCE; DETER- NANCE NO. 480 AS. MINING THAT THE AMENDED, 'THE PUBLIC INTEREST, COMPREHENSIVE MORALS AND GEN- ZONING ORDI- ERAL WELFARE NANCE OF THE CITY DEMAND THE ZON- OF SOUTHLAKE, ING CHANGES AND TEXAS; GRANTING AMENDMENTS A ZONING CHANGE HEREIN MADE' ON A CERTAIN PROVIDING THAT TRACT OR TRACTS THIS ORDINANCE OF LAND WITHIN SHALL BE CUMU- THE CITY OF LATIVE OF ALL SOUTHLAKE TEX- ORDINANCES; AS BEING LEGALLY PROVIDING A SEV- DESCRIBED AS LOT ERABILITY CLAUSE; 4A. BLOCK A,WHITE PROVIDING FOR A CHAPEL PLACE, PENALTY FOR VIO- BEING APPROXI- LATIONS HEREOF; MATELY 2.42 PROVIDING A SAV- ACRES, AND MORE INGS CLAUSE FULLY AND COM- PROVIDING FOFI PLETELY DE- PUBLICATION IN • SCRIBED IN EXHIBIT THE OFFICIAL Ti A" FROM "RE" NEWSPAPER; AND SINGLE FAMILY PROVIDING AN EF- G RESIDENTIAL ES- FECTIVE DATE. TATE DISTRICT TO SECTION 7. SF-1A" SINGLE Any person, firm or FAMILY RESIDEN- corporation who vio- Be TIAL DISTRICT IC lates,disobeys,omlts,'nd State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator SUBJECT TO THt neglects or refuses to f0 SPECIFIC ECIFICNTS CON-R ) comply with or who'11, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say ce- th TAINED IN THIS meresrit soft an a ofOrthe ,iblished in the above named paper on the listed dates: BIDS ez LEGALS DEPT. STAR TELEGRAM ORDINANCE; COR- provisions of this or- (s: RECTING THE OF- 1 dinance shall be fined FICIAL ZONING not more than Two 1 MAP; PRESERVING Thousand Dollars 11 ALL OTHER POR- offe0se.Each day that ilgned a violation is permitted to exist shall consti- SUBSCRIBED AND SWOR tute a separate of- > Tuesday, Sept b •,2003. feae. / PASSED AND AP- PROVED THIS THE ft ] / 4c) RUARY 4th Y2003 OF qua- Jotary Public .1/ , .�,� �. ...fir__Tuesday, !� ING THE REGULAR r• CITY COUNCILAl MEETING. MAYOR: Rick Stacy ATTEST: Lorl Farwell, ,,, CHRISTY L. HOLLAND City Secretary i MY COMMISSION EXPIRES 6 "z JULY 31,2004 Remit To: Star-Telegram Customer ID CIT57 P.O. Box 901051 Customer Name: . CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 112010/223941101 Invoice Amount: $ 82.62 PO Number Amount Enclosed: $