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0334-018 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-18 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 19.4855 ACRE TRACT OF LAND OUT OF THE W. W. HALL SURVEY, ABSTRACT NO. 687 FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY 1 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 HUNDRED ($200.00) 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, 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 19.4855 acre tract of land out of the W. W. Hall Survey, Abstract No. 687 from Agricultural District to Single Family 1 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 conviction thereof shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) 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. PAS ED AND APPROVED on the 1st reading the day of , 1987. PASS D -~AND APPROVED on the 2nd reading the me d y of 1987. Jo ny ester olm, Mayor Ci of Southlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: John F. Boyle, J . City Attorney EXHIBIT A BEGINNING at a concrete monument for the southwest corner of 6UMMERFLACE ADDITION, an addition to the City of Southlake according to the plat recorded in Volume Z013-82, Page 18, Flat Records of Tarrant. County, Iv:: As; THENCE, North 09 degrerrs 43 minutes 213 sraconds East, along the south line Of Bloct.. 3, of the said Summerplace Addition, 201.22 feet to an iron rod for corner; THENCE, North 89 degrees 19 minutes Cl,' seconds East, continuing along the south line of said Blocl, 39 Summerplace Addition, 29B.04 feat io iron rod fur corner being in the existing west right--of-way 1010 of Dove Creek TrAill THENCE, North 89 degrees minute's V2 seconds East, 49.92 feet to an iron rod for corner being the existing east right- of-way line of said Dove_ Creel, Irai 1 i THENCE, North 89 degrees 16 minutes 57 seconds East, continuing along the south line of Lot 1, Block 1, of the said Summerplace Addition, 125.01? feet to an iron rod for corner; THENCE, South O1 degrees 33 minutes 11 seconds East, along the west line of a tract of land conveyed to J.G.J, Inc. according to the deed recorded in Volume 6754, Rage 939, Deed Records of-Tarrant County, Texas' 257.17 feet to an iron rod for corner, !.aid iron rod being the northeast corner of a tract of land ionveyed to Neil Dellca according to the deed recorded in Volume 495171 Page 125, D.R.T.C.T.1 THENCE, South 89 degrees 27, minutes ir7 seconds West, 1651.47 feet to an iron rod for corner being in the existing east right- of-way line of White Chapel Road; THENCE, North 00 degrees OV minutes 03 seconds West, along the existing east right-of-way line of said White Chapel Road, 569.03 feet to an iron rod for corner; THENCE, North 89 degrees 40 minul:es It seconds East, along the south line of the Waltrr Hardwick Addition according to the plat recorded in Volume ZUB-191, Rage 30, Plat Records of Tarrant County, Texas, :•.65.81 feet to an iron rod for corner; THENCE, North 00 degrees 33 minutees 26 seconds West, along the east line of said Walker Hardwick Addition, 308.77 feet to an iron rod for corners THENCE, North 89 degree--- 39 minutes 39 seconds East, along the, south line of Lot 1, block 1, Southlake Assembly of Sod Addition according to the plat recorded in Volume 388-197, Rage 39, Flat Records of Tarrant County, Texas, 402.89 feet to an iron rod fur- corner being in the west line of Blocs: 2, Summerplace Additon; 1HENCE, South uu deeyrees~ _3 minutes 3') seconds East, along the west line of said Block 2, Summer•pl•ace Addition, 112.80 feet to an iron volt 1jeing in the e.:isting north right-cf- way.1ine of Dove Creel:. trail; THL14CL•, South Orr deyret-L :'4 minutes 4''• seconds East, 49.89 feet to an iron rod beiru► in the e::istiny south right-of-way lfrrr= of said Duve Crcol Iran; THENCE, South 00 declr.per>. mirurto-6 44 r.ueondc Ee+st, along the went line of ei.ed h1c,LI 17e,.97 feet to an iron rod for corner; THENCLr SOUth 00 dtyrVo.-:, 21 miluteb `[i sequnds Laut, continuing along the wL-:,t line- of s..ci d Ul uct. 3, 77.55 feet to an iron rod fur cornerl THENCE, Guuth OV dr:yr.-vt. msnutLt Sr-r seconds East, continuing along tyre Wout 1 i1v of s.airl Elocl 3, 198.74 feet to the FU1NT OF fin M141,11140.