Loading...
0334-050 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-50 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 A 20.84 ACRE TRACT OF LAND OUT OF THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522 MORE COMMONLY KNOWN AS SOUTHWIND AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A", FROM SF-1 AND AGRICULTURAL ZONING DISTRICT USES TO RETAIL 2 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 a 20.84 acre tract of land out of the A.A. Freeman Survey, Abstract No. 522, more commonly known as SOUTHWIND, and more fully and completely described in exhibit "A", from SF-1 and Agricultural Zoning District uses to Retail-2 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 1989. PASSED AND APPROVED on the 2nd reading the ( day of y 1981. Jo nny W terholm, Mayor Ci of Southlake ATTEST: d .,jP A F ~ ~ gorier a dra t: Le rand, City Secretary S-. ''P'Wdddd/dri8~d3►~1Y®~~ ~~eeeee APPROVED AS TO FORM: City Attorney City of Southla -4- s r'ESCRIPTION FOR ZONING (PROPOSED R-2) BEING a tract or parcel of land out of the A.A. Freeman Survey, Abstract No. 522, situated in Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a bolt for corner in County Road No. 3088 and the north right-of-way line of F-M highway No. 1709 and being also in the west line of a certain 139.992 acre tract in the said A.A. Freeman Survey; THENCE North U degrees 08 minutes 56 seconds West, along said road and along the west line of said 139.992 acre tract a distance of 540--01/100 feet to a point for corner; THENCE Departing said west line and county road North 89 degrees 32 -minutes East, 81U-00/100 feet to a point for corner; THENCE South 40 degrees 47 minutes 35 seconds East, 334.47 to a point for corner; THENCE North 89 degrees 32 minutes East, 720 feet to a point for corner; THENCE South 00 degrees 28 minutes East, 385 feet to a point for corner in said north right-of-way line of FM 1709; THENCE South 89 degrees 32 minutes West, 1750 teet along the said north right-of-way line of FM 1709 to the Point of Beginning and containing 20.84 acres of land more or less. EXHIBIT "A" x' ~1 Fort Worth Star-Te1e -- 400 W.SEVENTH STREET•FORT WORTH TEXAS 76 ��_ DATE DESCRI. MAR 26 6300237 march 26 THE LST OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared ROSALIE RIVERA. 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: CITY OF *********** SOUTHLAKE,TEXAS 6300237 3/26/89 ORDINANCE NO.334-50 * AN ORDINANCE AMEND- ING ORDINANCE NO. 334 * R E C O N C I L THNANCE OOFE ZING THOEN CITY OOFDISOUTH * M 0 N T CL008 LAKE ZON NGCHANGE ON AICER * CALL 390- TAIN TRACT TRACTS OF LAND WTHINTTHE CITY OF SOUTHLAKE, TEXAS * BEINGAPPROXIMATELYA 20.84 ACRE TRACT OF LAND *********** CUT OF THE A.A.FR EEMAN I5 SURVEY,ABSTRACT NO.522 _- Signed 0 MORE COMMONLY KNOWN AS SOUTHW I ND AND MORE FULLY AND COMPLETELY Subscribed and sworn to before me this 3( DAESCFRIOMSFINAEXHIBIT - R�_ �� CULTURAL ZONING DIS- °S6"�° hc+�rx"" 1C �, .�tt ZONING DESTRIOCT USES IN - `'�, RETAIL 2 • Cto ACCORDANCE WITH THE EXHIBIT ATTACHED Texas. � 4��YP �, EVELfN Vt�. FLETCi-lEFi j HERETO, WITH THE SPE- i *ip Notary Pubito CIFIC CORRECTING OFFI- STATE OFT CIAL ZONING MAP; PRE- j • TEXAS j. SERVING ALL OTHER PORTIONS OF THE ZONING ? rl�ref�}t �� t ORDINANCErPROVIDINGA Y Comm.EXp•Sep.30 1992 r SEVERABILITY CLAUSE; DETERMINING THAT THE «, _ ALSLAND GENERAL WEL- FARE CHANGES GESND HE ZON- AND AMENDMENTS HEREIN MADE;PROVIDING A PEN- ALTY NOT TO EXCEED THE 1 SUM OF TWO THOUSAND CURRENT CURRENT STA ($2000,00)AND ASEPARATE NT NUMBER OFFENSE SHALL BE DEEMED COMMITTED 1 ON RECPT 3/26 UPON EACH DAY NG OR ON WHICH AVIOLATION T57 OCCURS, AND IVVEPDATEDING IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTM PASSED CAND APPROVED ASSIST THIS 21 st day of March,1989. I A _k • u •• k • • R • • k _I PI i • •.•. :•. •- /s/Johnny H.Westerholm 76'I99 Mayor of Southlake TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR F Attest: /�� /s/Sandra L.LeGrand City Secretary Approved as to form: /s/Allen Taylor City A ttnrno. ADVERTISING STATEMENT Port REMIT TO P O BOX 99074 • FORT WORTH TEXAS 761 6300237 ACCOUNT CIT57 PAYMENT ON RECPT NUMBER DUE DATE PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY , 8 . 85 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Tel , 400 W.SEVENTH STREET•FORT WORTH,TEX/ -� DATE DES, MAR 11 6292871 march THE STATE OF TEXAS County of Tarrant CIT57 Before me, a Notary Public in and for said County and State, this day personally appeared Dana Pitts 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: ********» 6292871 March 11, 1989 NOTICE OF , * - NOTICE IIsB1he HEARING given to all Intty * RE C O N( CL. 008 Council ofrested hepe City of hat e, Council of the City of South I ake, * M( Texas,will be holding a public hear ipn.gm InNthec hcity council c chambersof city hal1,667 North * CALL 3 Carroll Avenue, Southlake, * Texas. Purposeofthehearinalstocon- ********11 skier the second reading on the following ordinance. OR Signed ANDINANCE N .ORDINANCE ;— AMENDING ORDI- NANCE NO. 334, THE i Subscribed and Sworn to before me, this the ZONING ORDINANCE OFTHECITYOFSOUTH- LAKE,TEXAS,GRANT- 1909 ING A ZONING CHANGE i Rublic j/._`- ON A CERTAIN TRACT c 7/�y l,, OR TRACTS OF LAND WITHIN THE CITY OF , Texas. l e rej4 EVELYN W. FLETCHER BE NGAPPR6XIMATES �' Notary Public LY A 20.84 ACRE TRACT `, ? l'C " OF LAND OUT OF THE ¢rSTATE OF TEXAA.A. FREEMAN SUR- VEY ABSTRACT NO.522 @b 30,199IKNOWNASOUTHWIND�Q`Tfr4 My Comm. AND MOREFULLYAND COMPLETELY DE- , SCRIBED IN EXHIBIT A'• FROM SF-1 AND ` 4"___ AGRICULTURAL ZON- i ING DISTRICT USES TO RETAIL 2 ZONING DIS- CURRENT N.�C/i CURREN DANCUSES WITH THE EX- 'CCOUNT NUMBER HIBIT ATTACHED HERETOL WITH THE ON RECPT 3/11 CONAID REQUIRE- MENTS CIT57 RECTINGNTHEEOFFI- IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEP CIAL ZONING MAP; 61.TO ASSIST PRESERVING ALL US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS, PLEASE MAIL ALL PAYMENTS TO P.O. : OTHER PORTIONS OF TEXAS 76199. THE ZONING ORD1- 4� TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH Y1 NANCE;PROVIDING A SEVERABILITY I IG THAN!THE ETERM PUBLIC C INTEREST MORALS AND GENERAL WEL- ADVERT NIN DEMAND THE GCH _ANGESAND NT ZO Fort Worth Star-TelegramAMENDMENTS HEREIN MADE• PRO- SUM TEXAS 76199 REMIT TO: , P.O VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- ACCOUNT SAND ( 2000.00 AND A RECPT 6292871 CIT57 SEPARATE OFFENSE NUMBER SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH AVIOLATION PAGE 1 OF OCCURS AND PROVID- ING AN EFFECTIVE DATE. City of Southlake Sandra L.LeGrand CIty Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 44 . 24 SOUTHLAKE TX 76092 O THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED