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0334-026 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-26 AN ORDINANCE AMENDING ORDINANCE NO. 334, THE 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 4.29 ACRES " TRACT OF LAND CURRENT ZONING IS AGRICULTURAL, REQUEST IS FOR I-1 ZONING DISTRICT. LAND IS DESCRIBED AS BEING TRACT 4 OF THE R. P. ESTES SUBDIVISION, T.W. MANN SURVEY, ABSTRACT NO. 1107. THIS PROPERTY WAS ANNEXED INTO THE CITY OF SOUTHLAKF. 10/6/87. USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO, WITH 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 HUNDRED ($200.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City instituted a zoning case to amend the official Zoning District Map of the City of Southlake, Texas, as required by State Statutes and the Zoning Ordinance of the City of Southlake, Texas, and all the legal requirements, conditions and prerequisites have been complied with, the case having come before the City Council of the City of Southlake, Texas, after all legal notices, requirements conditions and prerequisites having been complied with; 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 and the general welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council of the City of Southlake, Texas did consider the following factors in making a determination as to whether the requested changes should be granted or denied, effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on adequate light and air, the effect on the 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, 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, 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, facilities the adequate provisions 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: Section 1. That Ordinance No. 334, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of August, 1986, as originally adopted and amended, is hereby amended and changed in the following particulars and all other existing Sections, Subsection, Paragraphs, Sentences, Definition, Phrases, and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. -2- A. That the allowed use of a certain tract or tracts of land being approximately 4.29 acre tract of land current zoning is agricultural, request is for the I-1 zoning district. Land is described as being Tract 4 of the R.P. Estes Subdivision, T.W. Mann Survey, Abstract No. 1107. This property was annexed into the City of Southlake 10/6/87. Uses will be in accordance with the exhibit attached hereto, and incorporated herein, and with the specific requirements contained in the ordinance. Section 2. The City Manager is hereby directed to correct the official zoning district maps 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. 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 present over-crowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made with reasonable 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. 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 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 Hundred Dollars ($200.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. -3- Section 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City, creates an emergency for the immediate preservation of the City of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. / PASSED AND APPROVED on the 1st reading the ! day of 1988. PAS ED AND APPROVED on the 2nd reading the day of 1988 / Joh ny %IL Westerholm, Mayor City of outhlake e3saea!ara,• ATTEST: 0, w q!~ ~~6,qy ,f rt;yr `Sandra L. LeGrand; City Secretary ~~~~~~3762ii3St11►~~~~~~~ APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney -4- r FIELD NOTES FOR A PORTION OF TRACT 4, OF THE R. P. ESTES SUBDIVISION IN THE T. W. MANN SURVEY, ABSTRACT NO. 1107, SITUATED IN TARRANT COUNTY, TEXAS, AS SHOWN ON A PLAT OF RECORD IN VOLUME 1957, PAGE 324, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE at the Southeast corner of said Tract 4, thence N. 88° - 54' - 16" W. along the South line of said Tract 1135.94 feet to an iron pin in same for the most Southerly Southeast corner and POINT OF BEGINNING of the herein described tract; THENCE N. 88° - 54' - 16" W. 169.73 feet along the South line of said Tract 4 to an iron pin in the East line of Peytonville Sam School Road; THENCE North 328.73 feet along said line to an iron pin in same for corner; THENCE S. 88" - 55' - 19" E. 569.36 feet along the North line of said Tract 4 to a point in same for corner; THENCE S. 0° - 02' - 43" E. 228.91 feet to an iron pin for corner; THENCE N. 88° - 54' - 16" W. 399.89 feet to an iron pin for corner; THENCE S. 0° - 02' - 43" E. 100.0 feet to the POINT OF BEGINNING and containing 3.380 acres. ps ---IliffilffiiffiiRiffiiffiffi~ r) J.WAR SURVEYING COMPANY P. p. NOX 14253 .FORT 1IMCWM. T*x3A 7,6110 POO AC if 201-5411 Ic / Sfo rr Mcta / X49 EJ 56936 .yjC1d/ � j g"d9 7-R,9CT ,5 et�p6� All it ,E - JB9 ¢.9crrs G T 4 r ti'BB esS'20 ~s[/ 239..9 (^ '' .Shc1'S6'?O"E t3.9.J0 'J Jrd r°(' 2D ° AccEss �s�ri •f O � Ol to tV °' o. Q a dC3> A/40�-mo7nii�iy F�n.Fs 0 ba P269 O 0 rd N .B%1/y ✓. and t/nda7 Ale' son �t �,+1 y J Bc�?7 P9. 22 79 4 +IronFo O O G°✓re 1 0 P of�3cy�.�n�nq l� gl�.3 i P'n VA .c/CB e5a'/6"w i69. �3 r°q Tidcf � AlAlfe S4 /6%Y/ P3.9.90 TRA C T -3 -S:KETC14 TO ACOMPAMY FIELD NOTES F(O TItLB TRACTS IN TRACT 4, OF THE R. P. ESTES SMIDI-YIUOK IN THE T. 4. UNN SURVEY, ABSTRACT NO. 1107, SI-TUATED IN TARRANT COUNTY, TEXAS, AS SHOWN ON A PLAT OF RECORD IN VO,01 1957, PAGE 324, PLAT RE -CORM, TARRANT COUNTY, TEXAS. F ` al � I In HJcfe •J h � V V) / Sfo rr Mcta / X49 EJ 56936 .yjC1d/ � j g"d9 7-R,9CT ,5 et�p6� All it ,E - JB9 ¢.9crrs G T 4 r ti'BB esS'20 ~s[/ 239..9 (^ '' .Shc1'S6'?O"E t3.9.J0 'J Jrd r°(' 2D ° AccEss �s�ri •f O � Ol to tV °' o. Q a dC3> A/40�-mo7nii�iy F�n.Fs 0 ba P269 O 0 rd N .B%1/y ✓. and t/nda7 Ale' son �t �,+1 y J Bc�?7 P9. 22 79 4 +IronFo O O G°✓re 1 0 P of�3cy�.�n�nq l� gl�.3 i P'n VA .c/CB e5a'/6"w i69. �3 r°q Tidcf � AlAlfe S4 /6%Y/ P3.9.90 TRA C T -3 -S:KETC14 TO ACOMPAMY FIELD NOTES F(O TItLB TRACTS IN TRACT 4, OF THE R. P. ESTES SMIDI-YIUOK IN THE T. 4. UNN SURVEY, ABSTRACT NO. 1107, SI-TUATED IN TARRANT COUNTY, TEXAS, AS SHOWN ON A PLAT OF RECORD IN VO,01 1957, PAGE 324, PLAT RE -CORM, TARRANT COUNTY, TEXAS. F it/BB°54'/G"w 496.x, 9 Registered Public Surveyor No. 2014, hereby certify this plat is a true and correct representation of a survey made on the ground. Date "Cry A VIA 1 7 R1fiF?L' $ 2014 ♦�g�C y �19K'S ;♦ .:d ` al � I h 0 V) it/BB°54'/G"w 496.x, 9 Registered Public Surveyor No. 2014, hereby certify this plat is a true and correct representation of a survey made on the ground. Date "Cry A VIA 1 7 R1fiF?L' $ 2014 ♦�g�C y �19K'S ;♦ .:d rort Worth 5tar.1el __ 400 W.SEVENTH STREET•FORT WORTH TEXA DATE I DES' �.t? e" f l` J A Al 22 6073387 Jan . 2 ,i NOTICE OF PUBL V3++� ii•+V I ;I HEARING NOTICE Is hereby give THE STATE OF TEXAS Interested oy ciloftheCtyo Soy OFFICE OF Texas, will Febroulary 2ing� County of Tarrant CITY. SECRETARY � 7:30 p.m., in the City V+++ SEC_�ETAR Chambers of City H North Carroll Avenue lake, T Texas. of hearing Before me, a Notary Public in and for said County and State, this day Purposlder the2nd readingar hearing on the follow! personally appeared Carolyn Spencer Secretary for the Fort Worth ORAN ORDINANCE 0 Star-Telegram, published by the Capital Cities Communications, Inc. at ING ORDINANCE I Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, THE ZONING ORD OF THE CITY OF did depose and LAKETEXAS,GEO P say that the following clipping of an advertisement was TAIN TRACT OF TR published in the above named paper on the following dates: LAND WITHIN THE SOUTHLAKE, January 22 , 2988 T' NOTIH�(BLIC BEING APPROXIr 9.836 ACR ES TR NOTICE Is Y given to all LAND CURRENT Z Interested persons that the City AGRICULTURAL am & pm Council of the City of Southlake, QUEST IS FOR I-2 Texas,will be holding a public DISTRICT. LANE hearing on February 2,1988 at SCRIBEDASBEIN 7:30 p.m., In the City Council OF THE R.P.ESTE Chambers of City Hall, 667 VISION, T.W. MA North Carroll Avenue, South- TH S REY, OPERTY lake,Texas. con- NEXED INTOTH1 Pderthe2ndreof the dinganding is ubllc SOUTHLAKE 10/t hearing on the IN ACCORDANCE on the following ordl- Hance: HERETO, WITHIT I Signed �Q'L. AN ORIDINANCEOAMEND- kA. CIFIC REQUIF g ING ORDINANCE NO. 334 " CONTAINED IN' THE ZONING ORDINANCE' NANCE,CORRE< OF THE CITY OF SOUTH- OFF ICIAL ZON Subscribed and Sworn to before fie, this the 22 LAKE TEXAS GRANTINGA 1988 PRESERVING A ZON It4GCHANGEONACER-y PORTIONS OF TI TAIN TRACT OF TRACTS OF ORDINANCE;PR LAND WITHIN THE CITY OF SEVERABILITI Notary Public SOUTHLAKE, TEXAS DETERMINING BEING APPROXIMATELY PUBLIC INTER 9.836 ACRES TRACT OF Texas. ALS AND GENI LAND CURRENT ZONING IS FARE DE ANC AGRICULTURAL, RE- ING QUEST IS FOR 1-2 ZONING AMENDMENTRE Debra MO:DISTRICT. LAND IS DE- MAD NOT TOESCRIBEDASBEINGTRACT4 OF THE R.P.ESTES SUBDI- SUM OF TWO my COmml;VIS10N, T.W. MANN SUR- ($200.00)AND A VEY, ABSTRACT NO. 1107. 1 0—2 3—9 1 OFFENSE S THIS PROPERTY WAS AN- DDE E EACH ' NEXED INTO THE CITY OF SOUTHLAKE 10/6/87. USES OR ON WHICH OCCURS„AND IN ACCORDANCE WITH THE N OCCURS D� --•_ EXHIBIT ATTACHED EFF THE SPE• Section 7.Any person violating CIFICTOR REQUIREMENTS' S CURRENT any of the provisions of thls or- CURRENT CONTAINED IN THIS ORDI- . (:UUN '• -ER dlnance shall be deemed guilty NANCE,CORRECTING THE of a misdemeanor and upon OFFICIAL ZONING MAP; convlctionthtereofshallbefined 1�22PRESERVING ALL OTHER CIT57 O N RECPT dreduDol Dollars i e3200.00) and a PORTIONS OF THE ZONING ORDINANCE;PROVIDINGA separate offense shall be SEVERABILITY CLAUSE,. IF YOU HAVE QUESTIC deemed committed upon each CCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEP•DETERMINING THAT THE 61.TO ASSIST dayduringoronwhichavlola• PUBLIC INTEREST, MOR- US IN AN ACCURATE 1 Eon occurs continues. • : ._ 1A 1/_ .1 1 P ALS AND GENERAL WEL- Clty of Southlake - 'd FARE DEMAND THE ZON- TEXAS 76199. s/Sand City SecretarY RFORATION AND RETURN THE LOWER PORTION WITH V INGFAR CHANGES AND �� AMENDMENTS HEREIN MADE;PROVIDING A PEN- ALTY NOT TO EXCEED THE SUM OF TWO HUNDRED AD"C�-(5200 00)AND A SEPARATE V DEE MED CO MMITTED ENT C or UPON arDAY DURING WHICH e e ram OR ON WHICH A VIOLATION REMIT TO: OCCURS C NDE PROVIDING)(NTHDATE. , TEXAS 76199 Section 7.Any person violating ACCOUNT any of the provisions of this or- CIT57 dlnan eshalmanoraedgupoy N RECPT NUMBER of conviction thereof shall befined In a sum not to exceed Two Hun- dred Dollars (5200.00) and a PAGE �F separate offense shall be deemed committed upon each day during or on which a viola-' tion occurs continues. City of Southlake /s/Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 197 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED