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0334-031 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-31 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 1,284 ACRES OF LAND MORE OR LESS AND KNOWN AS TRACT 31-D AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", ZONING REQUEST IS FOR THE AGRICULTURAL ZONING DISTRICT. 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 THOUSAND ($2000.00) 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, -2- and Works of said zoning Ordinance are not amended, but remain intact and are hereby ratified, verified and affirmed. A. That the allowed use of a certain tract or tracts of land being approximately 1,284 acres of land more or less and more fully and completely described in exhibit "A", zoning request is for the Agricultural zoning district. Uses 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 -3- conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 lst reading the day of 19 8 8 . `PASSED AND APPROVED on the 2nd reading the day of 1988. Jo nn H. Westerholm, Mayo Ci y if Southlake , s;2« ATTEST: Sandra L. LeGrand, City Secretary jv APPROVED AS TO FORM: z~z John F. Boyle, Jr. City Attorney -4- Hutchison Price Boyle & Brooks A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3900 FIRST CITY CENTER AUSTIN OFFICE: DALLAS, TEXAS 75201-4622 2100 ONE AMERICAN CENTER John F. Boyle, Jr. (214) 754-8600 AUSTIN, TEXAS 78701-3272 (214) 754-8611 (512) an-a121 DALLAS TELECOPY NUMBER: (214) 754-0840 May 4, 1988 T~ Honorable Johnny Westerholm ^ Members of the City Council h AY6 1988 ° City Manager Lloyd 0. Latta, Jr. City of Southlake 667 North Carroll Avenue QFFbGF OF Southlake, Texas 76092 CITY SECRETARY, Re: Ordinance Reclassifying Areas No. 4 and 22 Dear Mayor Westerholm, Members of the Council and City Manager Latta: Enclosed for consideration on second reading is the captioned ordinance for the zoning reclassifications of the areas identified on the attached worksheet as Areas No. 4 and 22. The reclassification of Area 4 has been amended in accordance with the Council's approval at the May 3 Council Meeting. A map identifying the areas corresponding to the reclassifications set forth in the ordinance should be attached as Exhibit "A" to the ordinance. If you should have any questions or comments, please do not hesitate to call either me or Toni Chamberlain, a legal assistant with this firm. Sincerely, HUTCHISON PRICE BOYLE.- BROOKS hn F. 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Purpose of the hearings Is to consider the Signed 2nd reading of the following or- dI ORDINANCE NO.334-31�a AN ORDINANCE AMEND- 88 Subscribed and sworn to before me, this the 6t ING ORDINANCE NO. 334 — THE ZONING ORDINANCE trr OF THE CITY OF SOUTH- LAKE TEXAS GRANTINGA .e .' . �...,-�. "�'',,,.. 1 ary Public ZONIPIRACTOGEONACER t„ ! 4 TAINTRACTORTRACTSOF �,,,. , LANND WITHIN THIE CITY OF �' o��µYF'�@ DEBRA PMORRIS SOUTHLAKE TEXAS Texas. • i d '',�j Rotary Public B gCRESOF�LANDMORE rY +I * �!ti } ! STATE OF TEXAS OR LESS AND KNOWN AS Ma TRACT 31-D AND MORE L. L\s3 FULLY AND COMPLETELY �L'Y' a' a -� ;>> �y DESCRIBED IN EXHIBIT (1 •�'r,,�"^`^.K , R; Comm.Exp.Oct.23,�991 "A" ZONING REQUEST IS 78 �`'*� �^ FOR THE AGRICULTURAL )may-c 'r" ..xl-w` o. ZONING DISTRICT.USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED ME=II.— HEFIETOI{EQIU1REMENTS Cu- UPON EACONTAIN pikA ED IN THIS ORDI OR ON WH NANCE,CORRECTING THE OUNT NUMBER ON RECPT 5/06 'PPRORRT SIOFHEOFF ICIAL GZON NG CIT57 ORDINANCE;PROVIDING A DETERMINING THAT TH` IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPART PUBLIC INTEREST, MOR- 0 ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX ALS AND GENERAL WEL FARE DEMAND THE ZON- AS 76199. CHANGES AND A�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOU AMENDMENTS HEREIN MADE;PROVIDING XCEEDTHE SUMA OF TWO TWOAN THPARATE OF t, E SHALL BE ADVERTIS UPON EAcH DAfv OIURING r Worthtar e e ram OA OEWHIDAT .Fort REMIT TO: P.O. BO OCCURS ANu PKwIUNG TEXAS 76199 ' I AN EFFECTIVE tv of southlake 6129910 ACCOUNT CIT57 I Sandra Cty ecLretarynd ECP NUMBER I ATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL _ 667 N CARROLL PLEASE PAY 22 . 40 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA R . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tort Worth Star=Telegram 400W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE 1 DESCRIPTION AD SIZE I TOTAL INCH/LINE I RATE I AMOUNT MAY 22 '6139094 May 22 AM & PM CL . 008 1X58 L 58 . 56 32. 48 01 AFFIDAVIT THE ZONING ORDINANCE OUTH- AN ORDINANCEI E OAMEND- L4-31 LF AKEHE TEXAS GITY RAFNTIINGA ING ORDINANCE NO. 334, ZONIt3GCHAI4GEONACER- TAIN TR ACT OR TR ACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATELY 1 284ACRESOFLANDMORE OR LESS AND KNOWN AS TRACT 31-D AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" ZONING REQUEST IS FOR THE AGRICULTURAL ZONING DISTRICT.USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO WITH THE SPE- CIFIC 'REQUIREMENTS CONTAINED IN THIS ORDI- THE ************************** ******** OFFICIALCE, ZONINGN MAP OFFICIAL MAP; * PRESERVING ALL OTHER * PORTIONS OF THE ZONING * ORDINANCE;PROVIDINGA * RECONCILE ALL INVOICES ITH DET Y ERMIININGTHATTH,. * MONTHLY STATEMENT • * PUBLIC INTEREST, MOR- • CALL 390-7501 WITH DIFFE ENCES • * FARE DE ANDMAND RAL HE ZON- WEL- ING ING CHANGES AND AMENDMENTS HEREIN * * MADE;PROVIDING A PEN— ************************** ******** ALTY NOTTO EXCEED THE SUM OF TWO THOUSAND DOLLARS($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COM- MITTED UPON EACH DAY DUIRNGORON WHICH AVI- .'. OLATION OCCURS AND PROVIDING AN EFFEC- TIVE DATE. F. PASSED AND APPROVED THIS THE 17TH DAY OF ( MAY,1988. . _ /s/Johnny H.Westerholm Mayor of Soufhlake • ATTEST: /s/Sandra L.LeGrand ti � APPROVED AS TO FORM: /s/John F.Boyle,Jr. cnyC` �` City Attorney TAR- CURRENT CURRENT STATEMENT PERIOD 1 ACCOUNT NUMBER ON RECPT Illifilillliffill11 IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. Ar--- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —i ADVERTISING STATEMENT Port WorthREMIT TO P O BOX 99074 • FORT WORTH, TEXAS 7619 6139094 ACCOUNT 7 PAYMENT ON RECPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 32 ' 48 SOUTHLAKE TX 76092 0 PLEASE PAY ATTN : SANDRA L • LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Tel enram 400 W.SEVENTH STREET•FORT WORTH TEXAS I DATE DESC' Y APR 24 6121895 Apr . 24 THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for('Baid County and State, this day personally appeared Carolyn Spencer Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, 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: * May 22 , 1988 ORDINANCE NO.334-31 AN ORDINANCE AMEND- * RECONC- ING ORDINANCE NO 334,E * M 01 am & pm THE ZONING ORDINANCE OF THE CITY OF LA SOUTH- * CALL 39 TONIINGCHAI4GEONAICER- * LAND WITHINTHEC TYOF ********* BEING APPROXIMATELSY 1 284ACRESOF LANDMORE CIT OR LESS AND KNOWN AS TRACT 31-D AND MORE OF ( FULLY AND COMPLETELY AN OF Signed DESCRIBED IN EXHIBIT. C_C,L,___ TYOF "A" ZONING REQUEST IS PROV FOR THE AGRICULTURAL TON. Subscribed and sworn to before me, this the 2 33ACCORDA NCE IWITHETHE38 INQI EXHIBIT ATTACHED i PRO' HERETO WITH THE SPE-i TIVE1 Notary Public CIFIC REQUIREMENTSI CONTAINED IN THIS ORDI- Sectk NANCE,CORRECTING THE theh( o�mcTexas. tices, �.�•••• OFFICIALESING ALL OTHER Inau' �A�^Y Pl/,2 DEBRA MOP�RIS PORTIONS OF THE ZONING year fir+.•""'"`•-.`ram ORDINANCE;PROVIDINGA ea ,, Notary Public SEVERABILITY CLAUSE i tere 99 DETERMINING THAT THE ed, I °*3 r*� STATE OF TEXAS PUBLIC INTEREST MOR- delis d �� ALS AND GENERAL WEL- ther ,� ,,,,,,,� . FARE DEMAND THE ZON- add pp i MyComm.Exp.Oct.23,1991 ING CHANGES AND the ^^^' AMENDMENTS HEREIN dell ,'� -=vf:r c,±.+jg 1 MADE;PROVIDING A PEN- PA: ALTY NOT TO EXCEED THE CURRENT TH"'-.- SUM OF TWO THOUSAND In First Reading. DOLLARS(42,000.00)AND A R PASSED AND APPROVEDI SEPARATE OFFENSE O N R E C P T THIS THE 191h day of Aorll, 4�2 4 -SHALL BE DEEMED COM- CITY? r 1988In Second Reading. MITTED UPON EACH DAY /s/Johnny H.Westerholm DUIRNGOR ON WHICH AVI- Mayor of Southlake OLATION OCCURS AND ATTEST: PROVIDING AN EI FEC- IF YOU HAVE QUESTIONS REGA /s/Sandra L.LeGrand PLEASE CONTACT OUR CUSTOMER SERVICE DEPAR TIVE DATE. TO ASSIST City Secretary PASSED AND APPROVED US IN AN ACCURATE AND TIME APPROVED AS TO FORM: YMENTS,PLEASE MAIL ALL PAYMENTS TO P.O.BO THIS THE 17TH DAY OF XAS 76199. /s/John F.Boyle,Jr. MA Ar--TEAR A City AttorneYON AND RETURN THE LOWER PORTION WITH YOI /s/Johnny H.Westerholm Mayor of Southlake ATTEST: /s/Sandra L.LeGrand City Secretary ADVERT APPROVED/ ohnF.Bo lORM..NT City Attorney Fort Worth S REMIT TO , P O BOX 99074•FORT WORTH, TEXAS 76199 6121895 ACCOUNT CIT 5 7 PAYMENT ON RECPT NUMBER DUE DATE PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 13. 65 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED