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0334-041 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-41 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 17 ACRE TRACT OF LAND OUT OF THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, COMMONLY KNOW AS THE BROCK ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY-1 RESIDENTIAL 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 s 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 a 17 acre tract of land out of the Jesse G. Allen Survey, Abstract No. 18, commonly known as the Brock Addition, and more fully and completely described in exhibit "A" from Agricultural Zoning District to Single Family-1 Residential 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 1st reading the day of 1988. L SSED AND APPROVED on the 2nd readin the da f 1988. 1 { t 1 'fill ~ 1 {i / o ny e s t City of Southlake ATTEST: ~r Sandra L. LeGrand, City Secretary •FP~sFe'{bdA..O: d3i iC48 Stv APPROVED AS TO FORM: John F. Boyle, J- . City Attorney -4- Metes and bounds description follows: bLG'1N! t;:G at the N. d. corner of a'trac to: land deeded to Jack D. Brock et us as shown in Vol. 4391 Pa-s 427 Deed accords of Tarrant County, Texas, and in the South line of Stage Hizh-ay F. M. #1709. T:iLiZZ South with the ','Jest line of 3-id Brock tract 1710.39 ft. an iron pin the S. :1. corner of said tract. M_'-i:C:: S. 890 11' E. 442.71 ft. an iron pin tae S. d, corner of said tract. ;forth along and with fence line thy: "east line of said tract 1875.0 ft. an iron rin in the South line of Uid Hirhuay, the 11. E. corner of said tract. TnE= with said South line: S. 570 15' W. 63.69 ft. an iron spin., S. 630 501 W. 138.E?8 ft. an iron pin., S. 730 45' W. 138.88 ft. aniorn pin., S. 790 09' W. 125.2 ft, to •t,:tie place of be:;inninr. And dw.herebr`aA(mt the hereon may as corrcctly renresentinc our plan of subdivi- 310nwvf same, and do hereby dedicate to the use of the public the street hereon shown. CITY OF SOUTHLAKE Sandra L. LeGrand City Secretary ZA 88-24 EXHIBIT "A" Fort Worth Star-T-'ilk AI-~gh WI 400 W.SEVENTH STREET•FORT WORTH DATE I �` AUG 07 6183355 aug 1111 0 THE STATE OF TEXAS 02 1'IC5 0 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Cindy Truitt 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: *****) i iii ITYOF * August 7 t 1988 KE TEXAS E Flo.334 41 A ANCE AMEND- * REI NG Northeast Extra Edition ORDINANCE OF THE CITYI * OF SOUTHLAKE, TEXAS GRANT,ING A ZONING * C A L I CHANTRACTORG TRACTSOF ANE ON A D * WITHIN THE CITY OF IN ***** BEG APPROXIMATELY 17 ACRE TRACT OF LAND OUT OF THE JESSE G.AL- Signed COMMO}JLY KNOWN Signed AS TF(E BROCK ADDITION, AND MORE FULLY AND /Subscribed and sworn to be fore me, this the IN EXHIBIT"A DESCRIBED 1988 RICULTURAL ZONING DIS- TR ICT TO SINGLE FAMILY- P10t�Dly Public DISTRIICT USES INZACCOR a �ana.a�� r �'` DANCE WITH THE EXHIBIT'" ATTACHED HERETO,WITHTexas. fi y. ";: ; ,,,. DEBRA MORRIS 7 THE SPECIFIC REQUIRE- MENTSCONTAINED c NotaryPublic ORDINANCE CORRECTING I( �_ •yiTHE OFFICIAL ZONING } .�- STATE OF TEXAS MAP• PRESERVING ALL � ., OTHER PORTIONS OF THE �o; r.�. ZONINGORDINANCE;PRO- N.,,v,"-"�F,' +# my Comm. Exp.Oct.23,i991 VIDING A SEVERABILITY ""^�EtF, .' THAT THE PUB"C INTER r,. .x- EST MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVID• UMBER MIT'TED UPOI INGA PENALTY NOTTOEX- DURINGORO'CEED THE SUM OF TWO ON RECPT PROV DIOtING(SEPARATDE42 OFFEND SE CIT57 TIVE DATE. SHALL BE DEEMED COM- /s/Johnny H.V MITTED UPON EACH DAY DUIF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTO • Mavur of SoutF OLRI IONOOR C URWHI ,H AVI.-7761.TO ASSIST Attest: OLAT OCCURS AND ._ • _ u • • • P Y T • A I /s/Sandra L.L PROVIDING AN EFFEC• H,TEXAS 76199. Q City Secretary TIVE DATE. ALA TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PO Approved /Jo n F.as Mayor of Southlakerholm City Attorney Attest: /s/Sandra L.LeGrand City Secretary Approved as to form: /s/John F.Boyle Jr. M E NT AD V E.clty Attorney Port Worth REMIT TO: P O BOX 99074• FORT WORTH, TEXAS 761 6183355 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 10F CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 25 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ,' ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-TV'A M./A iM __ .. 400 W.SEVENTH STREET•FORT WORTH,TE DATE I DE L Y JUL 226173610 July THE STATE OF TEXAS OF- CITY L_ County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared C i n dy Truitt 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: ******** * July 22 , 1988 * RECON AM & PM • * M - r'-• . * CALL 3 wh't . hd * bersofc"F a',66' `•.. - PpllAvenue Southlake, e •s. ******** urposeofthehearingistocon- // • slder the following ordinance In. s rd reading: CITY OF SignedOUTHLAKE TEXAS �� S-QRDINANCE 4O.33441 A'N ORDINANCE AMEND- ING ORDINANCE NO. 334 Subscribed and sworn to before me, this the2� TH€ ZONING ORDINANCE �88 OF THE CITY OF SOUTH- LAKE TEXAS GRPC NTINGA 2 ZON I IJG CHARGE ON A CER- . Notary Public TA IINTRACTORTRACTSOF LANDWITHINTHECITYOF Texas. r = SOUTHLAKE, TEXAS BEING APPROXIMATELY 1�P1 AZ>F. DE3 ir, !', I�ACRE TRACT OF LAND I t�/'�"`�r�. OUT OF THE JESSE G. AL- E f.,_ 11,-- r' LEN SURVEY ABSTRACT r *' i ,._V t -;. 18 AND MORE FULLY l- /�� AtJD COMPLETELY DE- �+ /1/4../f SCRIBED IN EXHIBIT "A" yr ..t: My Comm. Exp. Oct.23,1c,.: . ZONING DISKR�CT TO SINL TIAE ZO NGDISTRICID US- E TH£N XHIBIITD ATTACHED CIRICTOF{EQIUHREMENTS i • .� AMENDMti CONTAINED IN THIS ORDI-! *LINT NUM=ER N D NPRO\ NANICE,CORREICTING THE SUM OF TH PRESERAVING ALNL OTHER' C I T 5 7 ON RECPT IgFFEN)AN PQRTIONSOF THE ZONING OFFENSE ORDINANCE; D�CEMED SEYERABILITY CLAUSE• IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOME• ON EACt DETERMINING THAT THE 61.TO ASSIST �OURSHA PUBLIC INTEREST, MOR- US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS,PLEASE MAIL ALL PAYM At EFFECT ALS AND GENERAL WEL- ,TEXAS 76199. CI{yofSouth IFNGE ANGESHEAND A� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER POF �SandraL ryryp� �rtagq.ENDMENTS HEREIN' CpySecrota DE;PROVIDINGAPEN- SUM OFTY FT TWO THOUSANEED D r (S200'F EE SHALL ONSNDRA ADVI 0 BE /I ENT DEEMED COMMITTED Fort Worth UPON EACH DAY DURING OR.ON WHICH A VIOLATION - REMIT TO: OCCURS AND PROVIDING 'ORTH, TEXAS 7619AN EFFECTIVE DATE. 2 tY of Southlake -r ACCOUNT aSecretarnra L.y rand .N RECPT eG 6173610 NUMBER CIT57 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 23 . 80 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED