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0334-036 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-36 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 2.9571 ACRE TRACT OF LAND OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT 253 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT TO S-P-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 ($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 2.9571 acre tract of land out of the John Childress Survey, Abstract 253 and more fully and completely described in exhibit "A" from Agricultural Zoning District to S-P-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 1988. PASSED AND APPROVED on the 2nd reading the day of 1988. Jonny H~ terholm, Mayor city o Southlake r Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney -4- EXHIBIT A Childress Bein a tract of land s arrant County, Heirs Texas, of and John being those Survey, Abstract #253, Z' p y Inc. a same tracts conveyed to Eutectic Metals Co pan ,recorded in described as Tract I and Tract II in TaWarranty Deed rrant County, Texas, and Volume 6073, Page 664, Deed Records, being further described by metes and bounds as follows: NG at a 1/2" iron pin set for the southwest corner of BEGINNI Tract I, said point being in the east boundary line of that tract conveyed to I. B. Cox as described in Warranty Deed recorded in Volume 1786, and Page 451, Deed Records, Tarrant County, Texas, bed in being the northeast corner of Tract Ipage 664,overall) Deedescri d Records, said deed recorded in Volume 6073, Tarrant County, Texas, and also being located North 417.31 feet from a 1/2" iron pipe found at the southeast corner of said Tract II (overall); THENCE South with the east boundary line of said Tract II and 100.00 feet to a point at the southeast said I.B. Cox Tract, corner of the called 100.00 foot wide strip of said Tract II; THENCE South 89° - 51' - 25" West with the south boundary line of said 100.00 foot wide strip and parallel to the north boundary of line of said Tract I, said I. B. Cox Tract and the south boundary line of said Cox 417.77 feet to a point in the west boundary of said Childress Tract, also being the called west boundary survey, and also being the southwest corner of said 100.00 foot wide strip of Tract II, the called west boundary line of said Childress THENCE North Survey, alo at 100.00 feet passing a 1/2" iron pin set for and continuing a total the southwest corner of said 2rairon, pin set for the northwest distance of 308.33 feet to a 1/ corner of said Tract I, said point also being the northwest corner of said Cox Tract, from which a 5/8" iron pin found bears West 1.32 feet; THENCE North 89° - 51' - 25" East with the cled onIo th bou dfor line of said Cox Tract, 417.77 feet to a 1/211 pin set the northeast corner of said Trace I and said Cox Tract. THENCE South with the east boundary line of said Cox Tract, at 19.64 feet passing a 1/2" iron pin found in the occupied south right-of-way line of said County Road No. 3035, said point being be ux the northwest corner of a tract Deed nrecorded in Volumea4507, Page Rita, as described in Warranty Texas, and continuing a total 386, Deed Records, Tarrant County, i-ng distance of 208.33 feet to the lAace3931b Acreslnliesd w th nlnthe 2.9571 Acres of land, of wh= apparent right-of-way of said County Road. EXHIBIT "A" Said area in County Road is further described by metes and bounds as follows: BEGINNING at a point at the southwest corner of said Tract II as described herein; THENCE North 308.33 feet to a 1/2" iron pin set for the northwest corner of said Tract I; THENCE North 89° - 51' - 25" East 417.77 feet to a 1/2!' iron pin set for the northeast corner of said Tract I; THENCE South 19.64 feet to a 1/2" iron pin found in the occupied south right-of-way line of said County Road No. 3035; THENCE with said south right-of-way line and continuing with the east right-of-way line of said County Road the following calls: South 88° - 12' - 55" West 314.04 feet to a point at the beginning of a curve to the left whose radius point curve, a total arc length of 141.56 feet (Long-Chord South 43° - 48' - 22" West 126.79 feet); Thence South 1° - O1' - 17" East 19.88 feet to a point; Thence South 1° - 26' - 24" East 168.58 feet to a point in the south boundary line of said Tract II; Thence South 89°- 51' - 25" West 20.70 feet to the place of beginning and containing 0.3931 Acres. 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JUN 13 1?&8 , ____.,_______: OF ICE OF THE STATE OF TEXAS CITY SECRETARY County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Carolyn Spencer 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: June 12 , 1988 CITY OF EXUATSHLAKE, ORDINANCE NO.334-36 am & pm IINGOI ORDINANCE NO. 334 THE ZONING ORDINANCE' I OF THE CITY OF SOUTH- LAKE TEXAS GRANTINGA ZONINGCHANGEONACER- SOF LAND WITHIN THE CITRATY OF SOUTHLAKE, TEXAS BEING E I NGCR E TRAPPROXIMATELY AND OUT OF THE JOHN CHIL- Signed SCRIBED `( DRES SURVEY ABSTRACT 253 AND MORE IrULLY AND ICN EXHIBIT"A"FROM AG- Subscribed and sworn to before me, this the 1 RICULTURAL ZONING DIS- TRICT TOS-P-I ZONING DIS- 1 9 TRICT USES IN �� -�'4• . .-7: �. ACCORDANCE WITH THE "`� NOIIry Public /�. EXHIBIT ATTACHED +.' ''Y �K'M, HERETO WITH THE SPE- r 3 yr Asti`,; D� tZ/�i fyf ` r a CIFIC FfEQUIREMENTS Texas. t ..-1 CONTAINED IN THIS ORDI- y a a �P. Jri Notary Pubic NANCE,CORRECTING THE NN@,,',,g Qr TE OFFICIAL ZONING MAP; �,��+ki STATE D ,j PRESERVING ALL OTHER .�1 d-.VP r�,e My Comm,E ORIONS ORDINANCE; THE ZONING SEVERABILITRYOCLAIUSE XP•Oct.23, 1991 DETERMINING THAT THE PUBLIC INTEREST, MDR- ` ALS AND GENERAL WEL- INGEDEMAND ANGESHE ZON- ING HEREIN TTECEETHE AYNOTTOXD SUM OF TWO THOUSAND DOLLARS � I AND A FES EPARATEOFFENSE HALL BE DEEMED COM- MITTED UPON EACH DAY DURINGOAvi- OLAT ION ROC OC ON CURS, PROVIDING AN EFFEC- TIVE DATE. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS IN SECOND READ- ING ON JUNE 7,1988. /s/Johnny H.Westerholm Mayor of Southlake ATEST: /s/Sandra L.LeGrand City Secretary APPROVED FTO FORM: City Attorney IpROVID G�lNAN E FEC- TIVE DATE. CITY OF SOUTHLAKE /s/Sand City Secretary Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE DESCRIPTION I AD SIZE I TOTAL INCH/LINE I RATE I AMOUNT JUN 12 6150273 June 12 AM & PM CL . 008 ' 1X63 L 63 . 35 22 .05 01 AFFIDAVITS • CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.334-36 AN ORDINANCE AMEND- ING ORDINANCE NO. 334 THE ZONING ORDINANCE` TH- **SIC******X*********�K**********- ' **LAKEHTEXASGOF E CITYRANFSTIINGA * ZONINCCHAhIGEONACER- *TAIN TRACTOR TRACTS OF T* RECONCILE ALL INVOICES WITH * SOUDTHLAKIE, TEXITYAS, ' BEING APPROXIMATELY * MONTHLY STATEMENT • . * 2.9571ACRETRACTOFLAND OUT OF THE YJOHN ABSTRACT, * CALL 390-7501 WITH DIFFERENCES • * 253ANDMOREIrULLYAND COMPLETELY DESCRIBED * * IN EXHIBIT"A"FROM AG- *********************************** T ICTTOSP-1L ZONINGDIS- TRICT USES IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO WITH THE SPE- CIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE,CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI NANCE;PROVIDING A 91 S SEVERABILITY CLAUSE• a , rt ,- DETERMINING THAT THE ' PUBLIC INTEREST, MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- ING CHANGES AND • ill! 1 '�71.8 AMENDMENTS HEREIN J 1 a v MADE;PROVIDING A PEN- ALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS(S2,000.00)AND A OFFICE OF SEPARATE OFFENSE T y� SHALL BE DEEMED COM- CITY SECRETA1 , MITTED UPON EACH DAY DURING OR ON WHICH AVI- OLATION OCCURS AND PROVIDING AN EIFEC- CURRENT TIVE DATE. EMENT PERIOD I ACCOUNT NUMBER PASSED CITY COUNCIL OF O N RECPT TETHXAS, NSECOND HREAD- 6/12 C I T 5 7 ING ON JUNE 7,1988. /s/Johnny H.Westerholm IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUST Mayor of Southlake ENT AT(817)390-7761.TO ASSIST ATEST: US IN AN ACCURATE AND TIMELY POSTING OF YOUR PAYMENTS.PLEASE MAIL ALL ' is/Sandra L.LeGrand 9074 FORT WORTH,TEXAS 76199. CIty Secretary TEAR ALONG THIS PERFORATION AND RETURN THE LOWE APPROVED AS TO FORM: PAYMENT 1� /s/John F.Clty Afton Jr. �, ADVERTISING STATEMENT FortWorth S REMIT TO. P.O. BOX 99074 • FORT WORTH, TEXAS 76199 PAYMENT 6150273 ACCOUNTBER CIT57 DUE DATE ON RECPT PAGE 1OF CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 22 . 05 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tort Worth Star=1elegram 400 W.SEVENTH STREET•FORT WORTH TEXAS 76102 FED. I.D.NO.22-2573893 DATE DESCRIPTION I AD SIZE TOTAL INCH/LINE RATE AMOUNT MAY 25 6141077 May 25 AM & PM CL • 008 1X67 L 67 • 35 23 . 45 01 AFFIDAVITS NOTIHEARINGBLIC ENOTICE Is hereby given to all Interested persons that the City Council of the City of South I ake, Texas,will be holding a public hearing on June 7,1988,at the regular City Councl l Meeting to Counciin l Ch t mbers of City Haithe l 667 North Carroll Avenue, Southiake,Texas. Purpose of the hearings are to consider the second reading on the following ordinances: ORDINANCE NO.334-36 AN ORDINANCE AMEND- ING ORDINANCE NO. 334 *********Is; THE ZONING ORDINANCE OF THE CITY OF SOUTH- *********** LAKE TEXAS GRANTINGA * ZON I I,iG CHANGE ON ACER- * TAI N TRACTOR TRACTS OF * RECONCII SOUDTHLAKE THE TEXAS ITY OF.S WITH * * M O N 2.571ACRETRACTOFLAND * CALL 390 -ESOF S SUR EHY, `AIB-'FERENCES * STRACT NO.253 AND MORE * FULLY AND COMPLETELY **********: DA'SFROMAGRICULTURAL ZONING DISTRICT TOS-P-1 *********** ZONING DISTRICT USES IN EXHIBITNCEATTACHH ED HERETO WITH THE SPE- CIFIC REQUIREMENTS CONTAINED IN THIS ORDI- NANCE,CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING OR DINANCE;PROVIDING A SEVERABILITY CLAUSE• y , DETERMINING THAT THE �l PUBLIC INTEREST, MOR- ALS AND GENERAL WEL- FARE DEMAND THE ZON- • ING CHANGES AND AMENDMENTS HEREIN AL TOECEDYNOTTXETHE SUM OF TWO THOUSAND SEPARATE �OFIFENSE SHALL BE DEEMED COM- MITTED UPON EACH DAY DURING ON ON WHICHAVI- CURRENT OLATION OCCURS AND PROVIDING AN EFFEC• CURRENT STATEMENT PERIOD ACCOUNT NUMBER TIVE DATE. CITY OF SOUTHLAKE ON RECPT /s/SandrratL.Lretand 5/25 - 5/25 CIT57 IF YOU HAVE QUESTIONS REGARDING Y4 INTACT OUR CUSTOMER SERVICE DEPARTMENT AT(817)390-7761.TO ASSIST US IN AN ACCURATE AND TIMELY POSTI 'LEASE MAIL ALL PAYMENTS TO P.O.BOX 99074 FORT WORTH,TEXAS 76199. ,��TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ADVERTISING STATEMENT FortWorth REMIT TO. P.O. BOX 99074• FORT WORTH, TEXAS 76199 6141077 ACCOUNT PAYMENT NUMBER CIT57 DUE DATE ON RECPT PAGE 1 OF • CITY OF SOUTHLAKE COPY 667 N CARROLL PLEASE PAY 23 . 45 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA L . LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED