Loading...
480-039CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-39 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 3.267 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 4C, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-lA 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 Southlake, Texas, at a Dublic 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 producinq elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; locaticn, 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 Ccuncil 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, safetv 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 3.267 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, Tract 4C, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural to Single Family-iA. 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 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 pcpulation; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and cther 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 5 ~ ~ ATTEST: % ".... .../ %",,,,,,,,* * .PASSED AND APPROVED on the dITY SECRETARY 2nd reading the ~ ~©R ~/ APPROVED AS TO FORM AND LEGALITY: ATTEST: CITY SECRETARY day of CITY ATTORNEY DATE: EFFECTIVE: -4- DESCRIPTION FOR ZONING REQUEST For a tract of land in the Little Berry G. Hall Survey, Abstract No. 686, situated in Tarrant County, Texas; Being more particularly described by metes and bounds as follows: BEGINNING at an iron pin at the Nortlleast corner of the herein described tract in the Westerly line of White Chapel Boulevard (County Road No.3019), said point being, by deed call 19)4.20 feet South and 25.0 feet West of the Northeast corner of said Halt Survey; THENCE South 0 degrees, 03 minutes, 51 seconds West, 631.77 feet along the Westerly line of said White Chapel Boulevard to an iron pin in same at its intersection with the proposed North R.O.W. line of South)ake Boulevard (Farm-to-Market I(ighway No. 1709), said point being in a curve to the left having a radius of 2949.79 feet and being the Southeast corner of the tract; THENCE Southwesterly with the arc of said curve whose long chord bears South 87 degrees, 42 minutes, 20 seconds West, 70.82 feet a distance of 70.82 feet to an iron pin; THENCE South 8B degrees, 43 minutes, 43 seconds West, lO3.11 feet to an iron pin at the PC of a curve to the )eft having a radius of 2954.79 feet; THENCE Southwesterly with the arc of said curve whose long chord bears South 83 degrees, 09 minutes, 36 seconds West, 183.29 feet a distance of 183.32 feet to an iron pin; THENCE South 80 degrees, 57 minutes, 38 seconds West, 22.07 feet to an iron pin; THENCE South 75 degrees, 55 minutes, 31 seconds West, 201.05 feet to an iron pin; THENCE South 81 degrees, l0 minutes, 28 seconds West, 277.30 feet to an iron pin at the PC of a curve to the left having a radius of 5659.5B feet; THENCE Southwesterly with the arc of said curve whose long chord bears South 81 degrees, 5U minutes, 42 seconds West, 41.12 feet a distance of 41.12 feet to an iron pin for the Southwest corner of the tract; THENCE North O1 degrees, 07 minutes, 07 seconds West, 756.51 feet to an iron pin for the )Jorthwest corner of the tract; THENCE North 89 degrees, 56 minutes, 38 seconds East, 903.19 feet to the Point of Beginning Qnd containing 14.0748 acres. LMZAVER$ AG T~ ~F i)2.5 AC TR 3J ~.5 AC TR 3H1 1.0 AC ~ TR 3H i.O AC a' TR 3G 2.0 AC HT~L~ON .73 AC AUBREY ~xlI TFI AG TR 4AG 1.63 AC 3 \x x, TR 48 4.5 AC JOE BAILEY AG 4A 2 ?R 3~ 4.23 II WA.¥DA PULLIgbI RE PINE ACRE ROY HEYN~ AG IDELORiS I I pE~d~SON I 2~ 1 I RE I I I pL C Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 • STATE OF TEXAS ,,unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared IELLEY ALLARD 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 : __.. - ----- ----.__ _-- - ---- - —._— -_--_ — -- ----- --- 1 IN H/L.INE--- r... DATE DESCRIPTION AD SIZETOTAL RATE AMOUNT FEB 0816654878 CL . 358 1X80 L 80 . 38 30 . 40 CITYIOF february 8 - -- --- SOUTHLAKE TEXAS ORDINANCE fd0.480-39 AN ORDINANCE AMENDING ORDI- COMPREHENSIVEE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,: GRANTING A ZONING CHANGE ON A CER- TAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE TEXAS BEING APPROXI- MATELY A 3.267 ACRE TRACT OF LAND OUT OF THE HIRAMGRAN- BERRY SURVEY AB- . STRACT NO.581 TRACT AC.AND MORE FULLY SIGNED.. -. -_ -. COMPLETELY AND SWORN TO BEFORE ME , THI THE DAY F CRIBED IN Ex- 8th FEBRUARY, 1991 T"A"FROMAGRI- iURAL DISTRICT lusINGLE FAMILY-1A N LLC DISTRICT IN ACCOR- ` -'�/( N�I��� DANCE WITH THE EX- HIBIT ATTACHED HERETO AND SUB- ...TARRA.HT___C_4UNTY, _TEXAS . .. _.... _._- _.... JECTTOTHE SPECIFIC REQUIREMENTSCON- .a*" ��hj., NAINE CORREIN ORDI- sS�TY}�l' SUE A. RUSSEL� 01 AFFIDAVITS NANCE CORRECTING + THE 0 FICIAL ZON- VIP, SUE ING MAPL PRESERV- ING COMMISSION EXPIRES TIONSOFaTHEZONING �� OCTOBER 27, 1993 ORDINANCE•PROVID- I R ING A SEVERABILITY - --- ----- -- --- - _ _ __ _._.._ �_ .. CLAUSE- DETERMIN- ING THAT THE PUBLIC INTEREST MORALS AND GENERAL WEL- FARE DEMAND THE iv FARE ZONING CHANGES AND AMENDMENTS i" TI AR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ' V DINIGN MA PDENAP O NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS iIO SOr-THE ZONING REMIT TO : 400 W • SEVENTH, FW, TX 76102 ^RDINAANCESAV IONGS `` �UAN EFDFECOT\IVE nth Star-Telegram E. REMIT TO: k , xpxoxmermtmo-xvykokngvn76197 Section 7.yThat any person of Ithis gordinanhcep shall obe NUMBERT C I T 5 7 AMOUNT DUE"T 3 0 . 11 n deemed guilty of a mis- demeanor and upon convic- tion thereof shall be fined In a sum not to exceed Two Thou- PAGE LF sand Dollars (S2000.00). A 1 1 separate offense shall be deemed committed upon each day du ringor on which a viola- Ion occurs or continues. PASSED AND APPROVED IN 2nd reading thl s the 5th day of February,1991. Mayor Gary Fickes ATTEST: Sandra L.LeGrand City Secretary APPROVED AS TO FORM: Wayne K.Olson nt eHnrnuv CITY OF SOUTHLAKE ORIGINAL PLEASE PAY 667 N CARROLL 30 . 40 THIS AMOUNT SOUTHLAKE TX 76092 0 ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE***AFFIDAVIT***INVOICE*** 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared Kelley Allard 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 : Jan 18 1991 TOTAL DATE DESCRIPTIOf AD SIZE RATE AMOUNT -_- ---- - - ---___ _._. INCH/LINE JAN 18 6645483 CL • 358 1X82 L 82 . 38 31 . 16 .j anu a r y._.1,9 NOTICE OF PUBLIC HEARING NOTICE Is hereby given to all Interested persons that the City Councl l of the City of Southlake, Texas, will be holding a public hearingdur- Ing the Regular City Council Meetin9gIo be held on Febru- 1 ary5 1991,at7:31)p.m.Inthe City Louncl l Chambers of Cl- AveHall, Southlake, Carrollex ..... ..... ...._ _.- Purpose of the hearing Is to of the following ordinandce 9 /J CITYNCOF /�� t SOUTHLAKE TEXAS //l/ S/1/_J/'/ ORDINANCE{JO.480-39 UBSCRIBEDAN ORDINANCE - AND SWORN TO BE NA�C.t W0. T��� CApM NDING 1vEI S THE 18t /DAY OF ZONING ORD NANCE (J Janua y 1 91 LAK THE CITY S TEXAS,: VOTARY PUBLIC GRAE TEXAS• voi�..v. CHANGE ON ZA NINci CER- s.mw, CHANGE RA A cER- TARRANT COLNTY, TF AC Y'W TAINATRACT ND -ti. e�y� TRACTS E LAND �'` 4, DAWN K.McDONOUGH SOIUTHLAKETEXAS i COMMISSION EXPIRES /MATELY A 3 267 AQCR E 01 AFFIDAVITS_ -_ �F� , +rl •AUGUST 11, 1991 TRACT H E LAHDR M • GRANBERRY SUR- VEY ABSTRACT NO. 581 'TRACT 4C AND MdRE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROMAGRICUL- TURAL DISTRICT TO SIIIGLE FAMILY-1A i " TEAR ALONG THIS PERF DISTRICT IN ACCOQR- THE LOWER PORTION WITH YOUR PAYMENT DANCE WITH THE EX- HIBIT ATTACHED HERETO AND SUB- JECTTOTHE SPECIF- IC REQUIREMENTS CONTAINED IN THIS ORDINANCE COP- _MIT TO : 400 W • SEVENTH , FW , TX 76102 RECTING THL OFF!- Port WorthCIAL ZONINGERVIN MAP; _ OTHER P RTIu ALL THE ZONING ORDII- R,c"A!TT'J•. `O X�.p(�( (�7� x 7619 an AA SEVERABILLITY 6645483 CLAUSE;DETERMIN- INGACCOUNT AMOUNT I INTEREST PUB NUMBER C I T 5 7 DUE 31. 16 MOR- ALS AND GENERAL PAGE WELFARE DEMAND CHANGES AND AMENDMENTS HEREIN MADE PRO- VIDING A PENALTY NOT TO EXCEED8 THE WM OF sANZS D FOR VLpQOLA )IONS OF THE Zc�N- ING ORDINANCE, INGS CLAUSE SAV- INGS PROVIDING of Southlake CITY OF SOUTHLAKE Sandra L.LeGrand COPY 667 N CARROLL city Secret,ry PLEASE PAY 31 . 16 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED