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0334-061 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 334-61 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 5.681 ACRE TRACT OF LAND OUT OF A LARGER 37.04 ACRE TRACT OF LAND OUT OF THE HALL MEDLIN SURVEY, ABSTRACT NO. 1038 AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO RE RESIDENTIAL ESTATES ZONINIG 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 a 5.681 acre tract of land out of a larger 37.04 acre tract of land out of the Hall Medlin Survey and more fully and completely described in exhibit "A" from Agricultural Zoning District uses to RE Residential Estates 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. 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UL 26 6363866 july 2i THE STATE OF TEXAS CIT57 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared ROS • R. . _Secretary for the Fort Worth Star-Telegram, published by the Capital Cities Communications, Inc. at Fort Worths in Tarrant County, Texas! and who, af an ter being gduly sworn, did depose and say that the following clipping dates: t published in the above named paper on the following *71C**)K*)k**k CITY O * 6363866 7/26�89 . ORD NANCE SOUTHLAKE, TEXAS ORDINANCE * RECONCI CL358 NANCEOINO. 33�ROHE * MON OFZO IN IN ECITORDINANCE YOF50UTH- * CALL 390 NG A ZONING CHANGE ' * ON A CERTAIN TRACT OR TRACTS OF LAND ********** WITHIN THE CITY OF SOUTHLAKE TEXAS, BEING APPROXIMATE- LY A 5.681 ACRE TRACT - Signed OF LAND OUT OF A LARGER 37.04 ACRE TRACTOFLANDOUTOF is the THE HALL MEDLIN , 1989. Subscribed and s�rorn to before Ille, NUO. 1 ABSTRACT038 AND MORE FULLY AND COM- r' Public PLETELY DESCRIBED Notary IN EXHIBIT"A" FROM Texas. IANGRDISTRICT USESICULTAL OTO N- y RE RESIDENTIAL ES- TATES ZONING DIS- I TRICT USES,IN ACCOR- DANCE WITH THE . EXHIBIT ATTACHED HERETO WITH THE SPECIFIC REQUIRE- MENTS CONTAINED IN RETHICTS OINGNTHEEOFFI- CIAL ZONING MAP; OTHER PORTIIONSALL OF PESERVING _ ----- THE ZONING ORDI- NANCE;PROVIDING A CURRENT CURRENT SEVERABILITY COUNT NUMBER CLAUSE; DETERMIN- ---'------ ING THAT THE PUBLIC RALS ON RECPT 7/26 INTERESTAND GENERALOWEL CIT57 FARE DEMAND THE IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT, PLEASE CONTACT OUR CUSTOMER SERVICE DEP. AMENDMENTS E5 AND HEREIN MADE; PRO- • • TO ASSIST t • '• • • R •AY k _ P: a LT T• • • :a VIDING A PENALTY NOT TO EXCEED THE XAS 76199. SUM OF TWO THOU- , E -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YO SAND DOLLARS IS2000.00I AND A SEPA- RATE OFFENSE SHALL BE DEEMED COMMIT- TED UPON EACH DURINGORONWHIDAY CHA ADVERT:• ANDLPROVOIDINGANEF, 'VT F -WorthFECTIVE DATE Fort REMIT TO:ADVERT `'I SECOND READING ON DIN H, TEXAS 76199 JULY 18,1989 6363866 ACCOUNT CIT57 Gary yorofSou RECPT Mayor ri Southlake ckes NUMBER ATTEST: Sandra L.LeGrand C Secretary Approved ec as to form: PAGE �F City Sec E.Allen Taylor City Attorney rneyy - It CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 26 . 25 SOUTHLAKE TX 76U92 O THISAMOUNT il ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED tort Worth Star:rel A POIOft ' 400 W.SEVENTH STREET•FORT WORTH TE -�� DATE I DE JUL 07 6353319 july 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: ******** NOTICE OF 6353319 7/07/89 ICE is h HEARING * NOTICE is hereby given to all c i3b Interested persons that theCity * R E C 0 N Council of the City of Southlake, * M heaa n will in holding a Council * CALL 3 meeting to be held on July 18 1989,beginning at 7:30 p.m.667 North Carroll Avenue, South- * lake,Texas ******** Pu rposeofthehearinglstocon- slder thefollowingordinance In �} second reading: "' Signed U CITY OF �� SOUTHLAKE,TEXAS 'A ORDINANCE NO.334-61 Subscribed and sworn to before me, S e 1 AN ORDINANCE 989_ AMENDING ORDI- NANCE NO. 334, THE Nota P lc _ <'I OF ORDINANCE ry OF THE CITY OF SOUTH- LAKE,TEXAS,GRANT- Texas. ING A ZONING CHANGE ON A CERTAIN TRACT EVELYN W. FLETCHER O„TTRN TRACTS OR LAND NOF D Jt` Notary Public I SOUTHLAK , TEXAS, * )^� * STATE OF TEXAS APPROXIMATE- 4 LY A 5.681 ACRE TRACT �!� ,4 OF LAND OUT OF A ii i 4.FI MyComm.Exp. LARGER 37.04 ACRE � p Sep.3J,1992 � TRACT OF LAND OUTOF ` a y THE HALL MEDLIN =PUT'niCast' 4 SURVEY, ABSTRACT NO. 1038 AND MORE FULLY AND COM- PLETE LY DESCRIBED CURRENT ` IN EXHIBIT"A" FROM USES TO RO COUNT NUMBER ING DISTRICT "RE"RESIDENTIALES- ON RECPT ' 7/07 TR c u S,INGCCDOR= CIT57 ' DANCE WITH THE IF YOU HAVE QUESTIONS REGARDING YOUR ACCOUNT,PLEASE CONTACT OUR CUSTOMER SERVICE DEPART HERETO IT WITH THE TO ASSIST A • T • SPECIFIC INu . . MENT5 CONTAINED I XAS 76199. A.----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOU REICTOINGNTHEE0F I- C IAL ZONING MAP, PRESERVING AL OTHER PORTIONS OF THE ZONING ORDI- NANCE PROVIDING A :VRTL LSEBDIETERMIN- dTort ort tar- ram ING THATTHE PUBLICREMIT TO: INTEREST, MORALS H, TEXAS 76199 AND GENERAL WEL- FARE DEAND THE ZONING CHANGES AND ACCOUNT AMENDMENTS 6353319 NUMBER CIT57 V DINIG ANADE PENALTOY RECPT NOT TO EXCEED THE SUM OF TWO DOLLARS SAND PAGE ]10F (S2000.00) AND A SEPA- BET DEEMED COMMIT- TEDE OFFENSE S UPON EACH DAY DURINGORONWHICHA VIOLATION OCCURS, , FANDECTIVE DATE.ANEF- CITY OF SOUTHLAKE ORIGINA 667 N CARROLL PLEASE PAY , 31 . 54 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED