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480-006CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-06 AN ORDINANCE ~J~ENDING ORDINANCE NO. 480, 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 32.72 ACRE TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695, BEING THE WESTERN PORTION OF TRACTS 5 AND 5A AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL ZONING DISTRICT USES TO SINGLE FAMILY-iA 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 thc 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 S>uthlake, 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. 480, the Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, 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. Ao That the allowed use of a certain tract or tracts of land being approximately a 32.72 acre tract of land out of the W.W. Hall Survey, Abstract No. 695, being the Western portion of Tracts 5 and 5A and more fully and completely described in exhibit "A" from Agricultural Zoning District uses to Single Family-iA 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 1st reading the :/ day of APPROVED on the 2nd reading the ~f day of ,. PASSE~ AND ,/<~' i:?~/~'~!~/ , 1989. ,-~ary P{'cke/, Mayor City of ~Suthlake sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney Cit}' of Southlake -4- D[SCR]PIION FOR ZONING (PROPOSED SF-1) Being a tract or parcel of land out of the W.W. situated in Tarrant County, Texas, and being n,etes and bounds as follows: Hall Survey, Abstract No. 695, more particularly described by Commencing at an iron rod found for corner in the west line of Carroll Avenue, said point Deln~ North UO degrees I~ [Ninutes west, 504.0 feet from the southeast corner of a 15 acre tract of land conveyed to Taylor Clark as recorded in Volume 13Zg, Page 233, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 56 minutes 19 seconds West, 250.01 feet to the Point of BegInning; THENCE North 89 degrees 56 minutes 19 seconds West, 1003.19 feet to a point for corner; THENCE North OD degrees OB minutes 24 seconds West, a distance of 1415.25 feet to an iron rod found ~n the southline of Lake Wood Acres Addition, Phase I, for corner; NmrT_h ~ degrees bb n.lnutes 2b se~(,nos East, along said South line of L~ke ~.ooo Acres, ~9~..bu feet to a i(,ir~I fop C(,FI,eF; lHENCE Sou~h OU degrees l~ minutes O1 second East, 1432.19 feet to the Point of Beginning ano containing 32.72 acres of lano more oF less. Taylor 5 SF-1 Stout runs~, n ~ SFIl Cro~s Kopper~nit h SF-1 Springer Bowers Treece SF-1 SiF-1 SF-1 ROP ED F-1 Office-1 Of rio Roger G. Bait Comnercial-3 Southlake City Hall Service Fech~e! Children' Co~mercia~ Agricultural Taylor Clark Agricultura] Fort Worth Star-Telegram .. 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 E STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared -- .ioS41_tE e 1VeRA- 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 : DATE 1 DESCRIPTION AD SIZE L INCHtLINE TOTA RATE AMOUNT DEC 10 6433179 december 10 CL • 358 1X71 L 71 . 60 42 . 60 CITY OF SOUTHLAKE TEXAS ORDINANCE NO,480-06 AAN END I ORDINANCE NA ZONNNG ORD NANC "• t y OF THE CITY OF SOUTH•LAKE TEXAS GRANT- ON ACERTAIN TRAET OR TRACTS D il.r WITHIN THE CITY OF I '''i _.. SOUTHLAKE, TEXAS LYA32G 72ACRETDACT S GNED SUBSCRIBEDOF LAND OUT E , T IS TH IZ. DAY OF Dec =M IBE=12, FIB'i . AND SWORN BE NG THE NOWES 695 r( NOTARY PUBLIC PORTION OF TRACTS 5 i� ANDSAANDMORE FUL- DYANDCOMPLETELY TARRANT COUNTY, TEXAS DESCRIBED IN EXHIB- IT"A"FROMAGR'CUL- ��!l. TURAL ZONING DIS- � SUE A. RUSSEII TR ICT USES TO SINGLE FAMILY-1A R ESIDE E „i` !, COPAMISSION EXPIRE$ 01 A F F I D A V I-S 0 0 UTAL ZONING DISTRICT OCTOBER 27, 1993 USES IN ACCORDANCE ter" WITH THE EXHIBIT ApT- � � t WITATH THE SPECIFIC TTAINEID IN THIS ORDI- NANCE CORRECTING THEej7.7---- 0 OFFICIAL PRESERVING OF THE ZONINGPORTION �— TEAR ALON SEVER,4BPROVIDINGI A AND RETURN THE LOWER PORTION WITH YOUR PAYMENT — CLAUSE,: DETERMIN — - ING THAT THE PUBLIC INTEREST MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND Port Worth AMENDMENTS / V MIND MADE;ENAL rani NOT TO EXCEED THE REMIT TO: P.O. SOX 970734 • FORT WORTH, TEXAS 76197 SUM OF TWO THOU- S SAND 2000.00) AND ALSEPA ACCOUNT C I T 5 7 AMOUNT 42 . 60 6433179 RATE OFFENSE SHALL NUMBER DUE TEED DEEMED DAY DURINGORONWHICHAVIO 1 ANDPROVOIDINGANEF F 36 FECTIVE DATE. Passed and approved this the 5th day of December,1989. Mayorkes Southlake ATTEST: Sandra L.LeGrand ON Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL PLEASE PAY 42 • 6Q SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS )unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared -4,c L 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 : DATE DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCHlLlNE .. NOV 25 6427183 november 25 CL • 352 1X79 L 79 . 60 47 . 40 NOTICE OF PUBLIC HEARING NOTICE Is hereby given to all Interested persons that the City Council of the City of Southiake, Texas,will be holding a public hearing on December 5,1989 at 7:30 p.m.667 North Carroll , Avenue,Southiake,Texas. Purposeofthehearingistocon-1 skier the fol tow ing ordi nance In second reading: CITY OF SOUTHLAKE TEXAS ORDINANCE NO.480-06 ' AN ORDINANCE ---S)16 AMENDING ORDI- ♦ 4AMA; J NANCE NO. 480, THE ZONIN CITY G ORDINANCE e ,,, �/ ' Q OF E TEXAS GRANT- 0 �J//' """�' �� 1. LAKE,TEXAS,GRANT- � 7UB INGAZONINGCHANGE ORN TO BEFORE ME , THIS THE o27 DAY 0 bV ON A CERTAIN TRACT OR TRACTS OF LAND NOTARY PUBLIC WITHIN THE CITY OF C.0 r_,( L.L.1CaC- SOUTHLAKE TEXAS ' , BEINGAPPRdXIMATE- OFLAN72 ACRE TRACT D OUT OF THE TARRANT COUNTY , TEXAS W.W. HALL SURVEY, ?O b, ', ' ABSTRACT NO. 695, a=Q' f... SUE A. RUSSELL I BEING THE WESTERN �' ��� 4 COMMISSION EXPIRES ANDSA°ANDMORE TRACTS �y. /1 �� OCTOBER 27, 1993 01 AFFIDAVITS 0 0 FUL- LY AND COMPLETELY yi�� „ ... DESCRIBED IN EXHIB- 6 ova I T"A"FROM AGR I C U L- yp,�,l a cs/tsC�c+ • TURAL ZONING DIS- TRICT USES TO SINGLE ' FAMILY-IA RESIDEN- TIAL ZONING DISTRICT USES IN ACCORDANCE WITH THE EXHIBIT AT- TACHED HERETO,WITH THE DNG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT TAINED IN THIS ORDI- NANCE, CORRECTING THE OFFICIAL ZONING MAP„ PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- t I NANCE;PROVIDINGA N_ 1 7 SEVERABILITY CLAUSE; THE PUB IC INTEREST, MORALS THAT THE PUBLIC REMIT TO: P.O. BOX 970734 • FORT WORTH, TEXAS 76197 ram AND GENERAL WEL- t 64 FARE DEMAND THE ZONINGCHANGESAND ACCOUNT 57 4 1 ' 4 U AMOUNT AMENDMENTS NUMBER "DUE HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE 1 I SUM OF TWO THOU- PAGE OF SAND DOLLARS ($2000.00) AND A SEPA- RATE OFFENSE SHALL BE DEEMED COMMIT- TED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS, AND PROVIDING AN EFFECTIVE DATE. City of Southlake Sandra L.LeGrand City Secretary CITY OF SOUTHLAKE ORIGINAL 667 N CARROLL 47 . 40 SOUTHLAKE TX 76092 0 PLEASE PAYPP ATTN : SANDRA LEGRAND THIS AMOUNT PLEASE WRITE IN AMOUNT ENCLOSED