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0334-064 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-64 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 128.486 ACRES OUT OF THE WILLIAM E. CROOKS SURVEY, ABSTRACT NO. 295 AND THE HALL MEDLIN SURVEY, ABSTRACT NO. 1038, MORE COMMONLY KNOWN AS THE MONTICELLO ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO SINGLE FAMILY 20A 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 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- 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 128.486 acres out of the William E. Crooks Survey, Abstract No. 295 and the Hall Medlin Survey, Abstract No. 1038, more commonly known as the Monticello Addition, and more fully and completely described in exhibit "A" from Agricultural Zoning District uses to Single Family 20A 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 lst reading the / day of 1989. SS D AND APPROVED on the 2nd reading the J' day of 1989. ary kes, aybr City of Sou lake ATTEST: Z. r~ andra L. eGrd, ~an City Secretary APPROVED AS TO FORM: tj/~ 04, City Attorney City of Southlake -4- EXHIBIT -A (INNING at a nail sat in the north no 3t said William _ --woks Survey, said nail being N 00'34-51' W. Z E. ~.,t rw"' found iron T.53 leec from a y. pin at fence corner, said Dail being the northwest l corner of a 43.85 acre tract of land conveyed to Mekon. Inc_ by _._...._..r„",.' . deed tiled in Volume 8339, Page 1024 of the Wed 8ecords of ` Tarrant. County. ?exas. said point being in the pavement of Conti- Natal Boulevard; ?HEN= _'S 89.41'12' 8, 1,404.75 feet with said Continental Boulevard and the, north line of said 43.85 acre tract. and the north line of said William E- Crooks Survey to --e nail set being the northeast corner of said 43.85 acre tract for corner; THENCE -'i1 88.27'05' $93.81 feet with said Continental Soule--'-- vard and the north line of said William 8_ Crooks. Survey to a nail set being thii nurthwest corner of a 15.087 acre tract of land conveyed to Mekon. Inc_ by _ deed recorded in volume 8341. Page 1243 of the Deed Records of Tarrant County, Texas from which a found .••p iron pin bears S 00'56150' W. 22.35 feet for corner; K ? - -7s THENCE N 89'08'04• E. 505.64 feet with said Continental Boule- vard. and the north line of said William E. Crooks Survey, and the north line of said 15.087 acre tract to A. -~~+:•-r ;;a;. a nail set being the northeast corner of said William - E. Crooks Survey, said nail also being the northeast corner of said 15.087 acre tract, said nail also being '_:i the northwest corner of said Hall Medlin Survey, said - nail also being the northwest corner of a 39.01 acre tract of land conveyed to Mekon, lnc. by deed recorded in volume 8339, Page 1095 of tte Ceed Records of Tarrant County, Texas from which a found iron pin bdirs S 01.01'00' W, 19.32 feet for corner; THENCE N 89'53'40' E. 731.68 feet with Said CGnt1neilLdl iiGUle- vard, and the north line of said Hail Medlin survey, and the north line of said 39.01 cre tr~c;t to „ nail a set; - i THENCE S 37'11110' E - 405.46 feet cw i:all ~eL. Said nJil being at the approximate centerilne or Whitu cr.,,hel Boulevard; r THENCE with the approximate centerline of ,.,,d White Chapel Boulevard and the east line of said 39.01 acre tract the following: S 22.55'25' W, 40.00 feet to scL; S 12.55125' W. 138.90 feet to o nail set; S 06.47'25' W, 791.70 feet to a nail set; S 11.23'25' W. 265.00 feet to a nail sut; - _y-THENCE N 78.36135' W. leaving the approximate centerline of said White Chapel Boulevard, 390.00 feet to in iron rod 3n- j - - _ set for corner; THENCE S 56.35121' W 43.01 feet to an iron rod set for ' . corner; - t THENCE S 69.43'06• W. 41.16 feet to an iron rod set for - corner; THENCE S 09'51105' W. 44.75 feet to an iron rod set for corner; THENCE S 09.01'18' W. 48.12 feet to an iron rod set for corner: ~ THENCE S 73.18147- W, 28.94 feet to an iron rod set for -a corner;--== THENCE S 59'55'29" W, 44.45 feet to an irGn rG(J ' set for corner; THENCE J 41.1'31" W, 67.85 feet to a.) Lrc.n VoLl S.t t.:r corner: THENCL S 75'03'28' E, 53.J4 feet tU un icc.r. rou a@t ter corner: THENCE S 51.02'04" E, 4 2 . I a feet to u: "'u ~uL L.r corner; r - < - -,a. .r uy nr" WHIP, vc .-n..•....n'~'..~..r.. ~ ....+..a ,,~~g~+.r6W/t-.~ ~ Fi,~r-i~• Y CE - S 23.17'02' Q, 55.69 feet to an iron rod sat for corner - -in the approximate centerline of Big Bear Crook and the north line of a 9.409 acre tract of land as recorded in Volume 4384, Page 871 of the Deed Records of Tarrant County, Texas; -THENCE with the approximate centerline of big Bear Creak and the north line of said 9.404 ecru tra,:t of la,,.l the following bearings and distances: N 50.04135' W, 37.62 feet; N 39'U4'35" W, 47.20 feet; N 85.04'35' W. 94.40 feet ` S 63.53125" W, 184.10 feet; THENCE with the approxima- te - - centerline of Said Big Bear Creak and the north line of a 16.351 acre tr4et of land as _ n. recorded in Volume 4384, Page 871 of the Deed Records of Tarrant County, Texas the folluwing: S 16'!0'24' W, ...~-xea 379.17 feet; 9 53'10145" W, 270.91 feet: N 72'45'25" W, 167.53 feet; N 43'39'40" W, 135.60 feet; N 50'44140" W. 55.00 feet; N 57.40140' w, 140.00 feet; I N 65°39'40' w, iG2.78 feet; j N 37.39'40" w, 144.45 feet; - N 83'39'40' w, 102.78 feet; N 52.39140" W, 86.11 feet; N 10.20'20• E, 175.00 feet; N 49'39140" W, 138.89 feet; N 64.39'40" W, 130.56 feet; THENCE with the approximate centerline of said Big Bear Creek, and the north line of the Monticello Addition to the City of Colleyville, the following; N 80.30100" n, 168.70 feet; N 79.00100" W, 100.00 feet; N 53'00100" W, 62.00 feet; N 00'30'00" 104.00 feet; N 19'45100" W, 50.00 feet; N 47*15'OU" W, 71.00 feet; - - - N 12'00100" w, 61.00 feet; N 68'45100' W, 45.00 feet; _ S 22'00'00" W, 153.00 feet; S 87.30'00" W, 160.00 feet; N 83'34100" W, 128.70 feet; .t, N 82.25'04" W, 1b2.58 feet, -=--T-= N 60'49-49- W, 196.76 „ ~t*+ feet; N 00.02136" E, 140.94 feet; - _ N 71105'34' W, 89.60 feet; S 60'13156•' W. 135.02 feet to an iron rud net bei,.g the southeast corner of the Continental Estates Addition to the City of Southlake, Tarrant Cuunty, Texas, ab r recorded in Volume 388-98, Page 23 of the Plat Records of Tarrant County, Texas, said iron rud also being the northeast corner of said Monticello Addition, said iron . - rod also being in the east line of Peytonville Road; THENCE N 00'25108" E, 1,043.90 feet with the east line' of said Continental Estates Addition and the east line of said Peytonville Road to the POINT OF BEGINNING and con- taining 128.486 acres (5,596,850.16 square. fuet) of land, save and except any portion of this property to use as a puuirc Light-of-way. • • THE STATE OF TEXAS •TAL I RATE I AMOUNT CIT57 H/LINE COUNTY OF TARRANT ?8 1 . 60 46 . 80 I Before me,a Notary Public in and for said County and State,this day 01 AFFIDAVITS personally appeared Bos .1i1,2, 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: CITY OF SOUTHLAKE,TEXAS 6387910 9/09/89 ORDINANCE NO.334-64 CL358 AN ORDINANCE AMENDING ORDI- NANCE NO. 334, THE ZONING ORDINANCE OF THE CITY OF SOUTH- LAKE. TEXAS, GRANT- ING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF TEXAS BEING APPROXIMATE / LY 128.486 ACRES OUT .OF THE WILLIAM E. CROOKS SURVEY, AB- STRACTSl Signed O THEH LALL 295 AND g SURVEY,ABSTRACT NO. 1038, MORE COM- TH Subscribed and sworn to before me,this the 14 MO N T C E LOW ASD D IE 19 89. TIONANDMOREFULLY AND COMPLETELY DE- SCR IBED IN EXHIBIT Notaryub1• "A" FROM AGRICUL- c" ( - t.-`.. TURAL ZONING DIS- TR ICT USES TO SINGLE FAMILY N- TIAL ZONING DISTRICT USESIN 20A ACCORDANCE • WITH THE EEXHIEBIT AT- TACHED HERETO O REQUIREMENTSCCON- ER TAINED IN THIS ORDI- • NANCE, CORRECTING • THE OFFICIAL ZONIr.'G MAP; PRESERVING •'� ALL OTHER PORTIONS �,�;:; OF THE ZONING ORDI- --- -------- NANCE;PROVIDING A ti• SEVERABILITY ING CLAUSE;HA TTHE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE • ZONING CHANGES AND Ai i 1 AMENDMENTS CURRENT Ajl /�L� HEREIN MADE; PRo CURRENT STATEMENT PERIOD ACCOUNT NUMBER NOTI TO EXCEED THE EPA- ON RECPT SUM OF T DOLLARS 9/09 - I - SAND (52,000.001 AND A HALL RATE OFFENSESHALL IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PL=• BE DEEMED COMMIT OMER SERVICE DEPARTMENT AT(817)390-7761. TO ASSIST TED UPON EACH DAY • _ :.D „ Y PO TIN OF YOUR PAY DURINGORONWHICHA VIOLATION OCCURS, YMENTS TO P.O. BOX 970734 FORT WORTH, TEXAS 76197. • 4�TEAR ALONG THIS PERFORATION f FEDCTIVEVDATE.ANEF R PORTION WITH YOUR PAYMENT �A PASSEDANDAPPROVEDIN SECOND READING THIS THE 5th DAY OF SEPTEM- BER 1969. ADVERTISING STATEMENT Manor Gary Fickes FortWqrthtar- e e ATTESTSandra L.LeGrandIT TO: ,City secretary P.O. BOX 970734 • FORT WORTH, TEXAS 7619Approved as To form6387 City Attoy Taylor ACCOUNT PAYMENT ON RLCPT NUMBER DUE DATE 1 PAGE OF CITY OF SOUTHLAKE ORIGINAL - 667 N CARROLL 46 . 8U SOUTHLAKE TX 76092 0 PAY ATTN : SANDRA LEGRAND IPLEASE HIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star.Telegra: 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FE a.,_ DATE I DESCRIPTION THE STATE OF TEXAS CIT57 AUG 23 6378440 august 23 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: I NOTICE OF 6378440 8/23/89 PUBLIC RING I NOTICE is hereby Agiven to all Interested persons that the City CL358 Council of theCity of Southlake, Texas,will be holding a public hearing during the City Council meeting to be held on Septem- ber 5, 1989 beginning at 7:30 *************** p.m.South6akeoTexasNrth rrollAvenue, ;K Purposeof the hearing is tocon- sider thefollowingordinance in * RECONCILE AL second reading: * Nro•riii V CITY OF ` SOUTHLAKE,TEXAS * CALL 390-7501 Signed C,AN ORDIORDINANC NANCENOAMEND- ING ORDINANCE NO. 334 * THE ZONING ORDINANCE OF THE CITY OF SOUTH-*************** Subscribed and sworn to before me,this the 2 LLAKE,TEXAS,GRANTIINGA •1989 ZON I NG CHANGE ON A CE R-7 TAIN TRACT OR TRACTS OF Notary Public LANSOUDTHLAKETHE CITY OF TEXAS BEING APPROXIMATELY 128.486 ACRES OUT OF THE'�' „ -.. WILLIAM E. CROOKS SUR- VEY, ABSTRACT NO. 295 AND THE HALL MEDLIN SURVEY, ABSTRACT NO. -_ 1038, MORE COMMONLY KNOWN ASTHEMONTICEL- ° 1 +.. LO ADDITION AND MORE 'HER d �,��- Ytt FULLY AND COMPLETELY , .114: . . .i '1H �` DESCRIBED FROM GR CULTURAL * ZONING DISTRICT USES TO S SINGLE FAMILY 20A RESI- � . DENTIAL ZONING DIS- ?tY� o• TRICT USES IN ACCOR- '�c f�'',< DANCE WITH THE EXHIBIT U,199Z -�,s ATTACHED HERETO,WITH THE SPECIFIC REQUIRE- A�� Q ea. .. MENTSCONTAINEDINTHIS ORDINANCE CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL t % GONER PORTIONS ORDINANCE;OF THE ZCURRENT L-/*IWj� VIODING ANING EVERAIPRO- CLAUSE; DETERMINING ON RECPT THAT THE PUBLIC INTER- EST,MORALS AND GENER- AL WELFARE DEMAND THE ZONING CHANGES IF YOU HAVE QUESTIONS REGARDING YOUR AC AND HEREIN MADE PROVID k Lk _ _ _k• u •• TIk • I C EDPTHELTY SUM OFOTWO THOUSAND DOLLARS A.--- TEAR ALONG THIS PER ( 22000.00)ANDE AS SEPARATOALL E DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. City of Southlake Port Worth Starl Sandra L.LeGrand City Secretary 6378440 PAGE OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 28. 12 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED