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0334-063 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-63 i 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 4.093 ACRE TRACT OF LAND OUT OF THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO SINGLE-FAMILY 1 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 DOLLARS ($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- ~ 4 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 4.093 acre tract of land out of the J.J. Freshour Survey, Abstract No. 521 and more fully and completely described in exhibit "A" from Agricultural Zoning District uses to Single-Family 1 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. _J~ 1 PASSED AND APPROVED on the 2nd reading the day of 1989. ry F1 kes, M., o' `-City of Sou hlake ATTEST: Sandra L. LeGrand,•' City Secretary a. ~ ~~~WYSa.-1 APPROVED AS TO FORM: City Attorney City of Southlake -4- Fort Worth Nar=lelegrai 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FEE - -- - DATE DESCRIPTION THE STATE OF TEXAS CIT57 AUG 20 6376981 august 20 COUNTY OFTARRANT Before me,a Notary Public in and for said County and State,this day personally appeared Rosalie Rivera 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: 6376981 8/20/89 CITY OF SOUTHLAKE TEXAS CL358 ORDINANCE AN NO.A3NCE AMENDING ORDI- E .ZONING ORDINANCE ***************1 OF THE CITY OF SOUTH- LAKE,TEXAS,GRANT- , ING A ZONING CHANGE * ON A CERTAIN TRACT OR TRACTS OF LAND * RECONCILE ALL WITHIN THE CITY OF AS l * MONTHLY ! BEING APPROXIMATE- LY A 4.093 ACRE TRACT I, --- * CALL 390-7501 Signed ) OFLANDOUTOFTHE k (G { J.J. FRESHOUR SUR- * Ij ANDMOREFUCL�AND ***************: Subscribed and sworn to before me,this the l2 COMPLETELY DE- , 19 Rq SCRIBED IN EXHIBIT - TURAL FROM DLIS- Notary Publi FAMI�SESITOZON LE DISTRICT USES IN AC- eXas. CORDANCE WITH THE i EXHIBIT ATTACHED HERETO WITH THE SPECIFIC` REQUIRE- MENTS CONTAINED IN THIS ORDINANCE COR- a RECTING THE OFFI- 4i�T EVELYN W. FLETCHER CIAL ZONING MAP; PRESERVING ALL Notary Public 1 OTHER PORTIONS OF THE ZONING ORDI- A i* * STATE OF TEXAS NANCE;PROVIDING 65. y A SEVERABILITY 4�OFTI4 My Comm.Exp.Sep.30,1992 CLAUSE• THE PUBDETERMIN- ��, ING THAT THE PUBLIC 1 iT^ INTEREST, MORALS � '-''` . ' FARE GENERALDEMAN VTHE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE CURRENT �f SUM OF TWO THOU- OUNT NUMBER II��-- (52000.001 AND ALSEPSAND A- RATE OFFENSE SHALL ON RECPT BE DEEMED COMMIT- TED UPON EACH DAY DURINGORONWHICHA IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PLEASE CONTACT OUR CUSTOMER SERVICE DEPA- AND PROVOIDINGANEF' TO ASSIST US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS, PLEASE MAIL ALL PAYMENTS TO P.O. Be PASSEDANDAPPROVEDIN XAS 76197. SECOND READING THIS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUI 1989 151h DAY OF AUGUST, Gary Fickes Mayor of Southlake ADVERTI,SandraL.LeGrand JT City Secretary APPROVED AS TO FORM: Port Worth E.Allen Tavlor Star.Telegram REMIT TO: IfoCity Attornev 9197 T57 flN RECPT 6376981 ACCOUNT PAYMENT NUMBER DUE DATE I PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 43. 80 SOUTHLAKE TX 76092 0 PLEASE PAY ATTN : SANDRA LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star.Telegrai ,....- ..„. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 FE( DATE I DESCRIPTION AUG 0 " 6369800 august 5 THE STATE OF TEXAS CIT57 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: 6369800 8/05/89 NOTICE OF *************** PUBLIC HEARING CL358 NOTICE Is hereby given to all * Interested Persons thatthe City Council of the Citvof Southlake, Texas,will holding • RECONCILE AL hearing ur eCiy Ccimeen to be hdon August 15 * MONTHLY 1989at7 30P.me,667NorthCar. rollAvenue,Southlake,Texas. * CALL 390-7501 PUrpOSeOfihehearin915t000n- * slder the second reading on the following ordinance: *************** CITY OF Signed ORDINAN OUTHLAKEENO 334-63 �� AN ORDINANCE AMENDING ORDI- Subscribed and sworn to before me thi e I NANCE NO 334, THE C 1989. ,__i ZONING ORDINANCE OF THE CITY OF SOUTH- LAKE,TEAS, GRANT- i Notary Public NG A ZONING CHANGE ANGE � [. ON A CERTAIN TRACT OR TRACTS OF LAND y, Te�Xas• WITHIN THE CITY OF (_" SOUTHLAK E, TE XAS BEING APPROXIMATE- LY A T OF LAND OURT OFERTAHE J.JL FRESHOUR SUR- VEY,ABSTRACT NO.521 ANDMORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM AGRICUL- TURAL ZONING DIS- TRICT USES TOSINGLE- • ' ' - FAMILY 1 ZONING DISTRICT USES IN AC- CORDANCEel ) a WITH THE CURRENT /AW't I CURRENT STATEM: EXHIBIT WITH CTHE NUMBER SPECIFIC` REQUIRE- ON RECPT 8/05 - t MENTS CONTAINED IN THIS ORDINANCE,COR- 57 RECTING THE OFFI- CIAL ZONING MAP; IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PLEASE CONTACT OUR CUSTOMER SERVICE DEPARTMENT . PRESERVING ALL THETER PORTIONS OF ZONING ORDI - - US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS, PLEASE MAIL ALL PAYMENTS TO P.O. BOX 970734 NANCE;PROVIDING A •199.• •♦---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYN CLAUSE; DIETERMIN- ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE ZONING ADVERTISING AMENDMENTSESAND HEREIN MADE; PRO- ort Worth Star-Telegram VIDINSAND A PENALTY NOT TO EXCEED THE REMIT TO: P.O. BOX 9707: SUM OF TWO THOU- :AS 76199 SAND DOLLARS ($2000.001 AND A SEPA-OFFENSE - 6369800 ACCOUNT CIT57 E BERAT DEEMED COMMIT-SHALL OSMMIT- -,T NUMBER I TED UPON EACH DAY DUR I NGOR ON WHICH A VIOLATION OCCURS, PAGE 1OF FECTIVE DATE. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 45 . 60 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED