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480-021CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-21 AN ORDINANCE AMENDING ORDINANCE NO. 480, 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 APPROXIMATELY A 3.87022 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, BEING A PORTION OF TRACT 1F, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-30 DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule 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 Agricultural 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 $outhlake, 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 and 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: -2- 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 approximately a 3.87022 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686, being a portion of Tract 1F, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Single Family-30 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 amendec 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 ccmprehensive 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. -3- Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. PASSED AND APPROVED on the 1st reading the / day of · PASSED AND APPROVED on the 2nd reading the /~-~ day of ~i~/,~ ~) , 1990. ~ary Fick~s, Mayor City of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- METES & BOUNDS DESCRIPTION (Proposed SF-30.0 B Zoning) Field notes for a tract of land in the L. B. G. Hall Survey, Abstract No. 686, situated in the City of Southlake, Tarrant County, Texas, and being a portion of the tract described in a deed to J. P. Truelove and wife Marion Truelove, of record in Volume 6430, page 35, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/4" iron rod found for corner, said iron rod being at the southwest corner of said Truelove tract; THENCE N 00030'32'' W for a distance of 498.67 feet to a 1/2" iron rod found for corner; THENCE N 00°58'29'' W for a distance of 322.51 feet to a point for corner; THENCE N 89°56'46'' E for a distance of 265.29 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 813.0321 feet; THENCE continuing along said curve to the right for a distance of 183.7526 feet through a delta angle of 07°03'02'' to a point for corner, said point being the beginning of a curve to the left having a radius of 832.0606 feet; THENCE continuing along said curve to the left for a distance of 322.6046 feet through a delta angle of 06047'07'' to a point for corner, said point being the beginning of a curve to the left having a radius of 572.0284 feet; THENCE continuing along said curve to the left for a distance of 54.1434 feet through a delta angle of 08034'37'' to a point for corner; THENCE S 05°13'18'' W for a distance of 63.08 feet to a point for corner; THENCE S 25°19'46'' W for a distance of 222.84 feet to a point for corner, said point being in the south line of said Truelove tract; THENCE S 89031'25'' W along the south line of said Truelove tract for a distance of 103.83 feet to the POINT OF BEGINNING and containing 3.87022 acres of land, more or less. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS anty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared Dona. L.,c,c a-- Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth, in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE INCH/LINERATE AMOUNT MAY 20 ' 6519901 CL . 258 1X71 L 71 .60 42 . 60 may 20 CITY OF SOUTHLAKE TEXAS ORDINANCE SOUTHLAKE,TEXAS AN ORDINANCE AMENDING ORDI- NANCE NO. 480 THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF SOUTH- LAKE, TEXAS;GRANT- I INGAZONINGCHANGE • ON A CERTAIN TRACT - OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS ...._....__.._....-....,__,__-_..._._..........._...._.___ BEING APPROXIMATE- LY A 3.87022 ACRE TRACT OF LANDOUTOF THE LITTLEBERRY G.HALL SURVEY, AB- C'UBSCRIBED AND SWORN IC A PORTION OtTRACT IS THE ccc.D.:P 0 DA" OF 1214-y Eggt 1F AND MORE FULLY AND COMPLETELY DE- NOTARY PUBLIC ,_-._._ _„_•____, SCRIBED IN EXHIBIT ' "A" FROM AGRICUL- TURAL DISTRICT TO SINGLE FAMILY-30DIS- TARRANT COUNTY, TEXAS TR ICT IN ACCORDANCE WITH THE EXHIBIT AT- TACHED HERETO AND SUBJECT TO THE SPE- CIFIC REQUIREMENTS WA; 01 AFFIDAVITS CONTAINED INTHISOR- SUE A. RUSSE6l DINANCE; CORRECT- r'• INGTHEOFFICIALZON- • COMMISSION EXPIRES INGMAP;PRESERVING " OCTOBER 27, 1993 ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE;PROVIDING A btl I AE DTY CLAUSE; I DETERMIN- ING THAT THE PUBLIC k—TEAR ALONG THIS F AND GENERALO WEL- JRN THE LOWER PORTION WITH YOUR PAYMENT �► FARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- I VIDING A PENALTY REMIT TO : 400 W • SEVENTH , FW , TX 76102 NOT TO EXCEED THE rort Worth SUM OF TWO THOU- SAND DOLLARS SUMTION OF THE ZONING XvM!T , X)Xf X5 04 1IX 1 XIX 76197 ORDINANCE; PROVID- INGASAVINGSCLAUSE; AND PROVIDINGANEF- ACCOUNT AMOUNT 6519901 FECTIVE DATE. NUMBER CIT57 DUE 42 .60 PASSEDANDAPPROVED IN SECOND READING THIS THE 15thDAYOFMAY,1990 Gary Flckes Mayor of Southlake ATTEST: Sandra L.LeGrand City Secretary Approved as to form: E.Allen Taylor City Attorney CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY 42 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT PIP ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TuE STATE OF TEXAS anty of Tarrant Before me , a Notary. Public_ in_ and for said County and State , this day personally appeared ',qR Al /14>'.-02 Billing Specialist for the Fort Worth Star-Telegram , published by the Star-Telegram Inc . at Fort Worth , in Tarrant County , Texas ; and who , after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT MAY 04 6511642 CL . 358 1X82 L 82 . 38 31 . 16 may 4 NOTICE OF PUBLIC HEARING NOTICE Isherebygiventoall Interested persons that the City Council of the City of Southlake, Texas,will be holding a public hearing during the Regular Ci- ty Council meeting to be held on May 15,1990,at 7:30 p.m.In the City Council Chambers of City Hall,667 North Carroll Avenue, Southiake,Texas. Purpose of the Hearing Is to consider the following ordi- nance In public hearing- CITY OF "....... .. ,_..,. ,.. SOUTHLAKE,TEXAS ORDINANCE NO.480-21 1BSCRIBED AND SWORN TO BEFORE ME , T , � AN ORDINANCE SIGNE c'I AMENDING ORDI- r ,NANCE %J//JC'�/ I S T H E COMPREHENSIVE THE P' , 1 O COMPREHENSIVE NOTAF OFT ECITYOFSOUTH- LAKE,TEXAS;GRANT- , L`a A ZONING CHANGE ONACER AINTRACT },RRANT COUNTY , TEXAS 47 •achy SUE A. RUSSELL ' WITHIN A TS OF LAND OF %COMMISSION EXPIRES SOUTHLAKE TEXAS 'd+ Y 1 SO A 3.87022ETEXAS RE AFFIDAVITS hh1•„ „t OCTOBER 27, 1993 I LY TRACTOFLANDOUTOF THE LITTLEBERRY G. HALL SURVEY, AB- STRACT NO.686,BEING A PORTION OF TRACT 1F, AND MORE FULLY AND COMPLETELY DE- Ii' // 14f, SCRIBED IN EXHIBIT _ _ '�� l. TUAGRICUL- RALR OM DISTRICT TO �—TEAR ALONG THIS PERFORATION AND RETURN THE LO' TRICTINACCoRDANCE )UR PAYMENT — WITH THE EXHIBIT AT- — TACHED HERETO AND SUBJECT TO THE SPE- CIFIC REQUIREMENTS REMIT ORDINA CONTAINED IN HIS SEVENTH , FW, TX 76102 Port Worth S RECTING THE OFFI- CIAL ZONING MAP; y�y�Yy�y yy yy�yy�yyy, OTHER PORTONS OF ^tfF71(^g/Urm,)03xixv Filf1,^I'_yy_`7619' THE ZONING ORDI- NANCE,PROVIDING A 6511642 A SEVERABILITY CLAUSE; DETERMIN- AMOUNT 31 . 16 N ING THAT THE PUBLIC DUE INTEREST, MORALS AND GENERAL WEL- PAGE 1/F 1 FARE DEMAND THE ZONINGCHANGESAND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS (S2000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- ING A SAVINGS CLAUSE;AND PROVID- ING AN EFFECTIVE DATE. CITY OF SOUTHLAKE VIS draSL..LeGrana 667 N C A R R O L L City Secretary PLEASE PAY 31 . 16 SOUTHLAKE TX 76092 0 THIS AMOUNT , ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED