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480-020CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-20 AN ORDINANCE AMENDING ORDINANCE NO. 480, THE COMPREHENSIVE 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 39.5508 ACRE TRACT OF LAND OUT OF THE LITTLEBERRY G. HALL SURVEY, ABSTRACT NO. 686, TRACTS 1D AND 1F AND THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS 9A AND 9Al, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO SINGLE FAMILY-20A DISTRICT IN ACCORDANCE WITH THE EXHIBIT ATTACHED HERETO AND SUBJECT TO 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) FOR VIOLATIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a homerule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as Agricultural under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; 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 eftect 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; effect on the over-crowding of the land; effect on the concentration of population; and effect on 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, and 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, and 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, and facilitates the adequate provision 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 I5 ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: -2- Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 39.5508 acre tract of land out of the Littleberry G. Hall Survey, Abstract no. 686, Tracts 1D and 1F and the Thomas M. Hood Survey, Abstract No. 706, Tracts 9A and 9Al, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Single Family-20A District. Section 2. That the City Manager is hereby directed to correct the Official Zoning Map 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. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified and affirmed. 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 prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar 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. That 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. -3- Section 7. That 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 Thousand Dollars ($2000.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.  .. ~SSED AND APPROVED on the 1st reading the / day of t~ ~/' , 1990. ? .? P~SSED AND APPROVED on the 2nd reading the /2 day of Gary Fick~e~,~Mayor City of S6uthlake ATTEST: Sandra L. LeGrand, City Secretary APPROVED AS TO FORM: City Attorney City of Southlake -4- Legal Notice City of Southlake ZA 90-15 April 4, 1990 April 15, 1990 BEGINNING at an iron pin in the vest line of North ~hite Chapel Blvd., said point being the northeast corner of the tract described in Volume 6430, Page 35, above referenced and being, by deed call, 25.0 feet vest of the northeast corner of said L. Bo C. n~ll Survey; THENCE S 00005'08" g along the West line of said North ~hite Chapel Blvd. end the east line of the last referenced tract for a distance of 493.93 feet to an iron pin for corner; THENCE S 00003'26'` B continuing along said vest line of North ~hite Chapel Road for · distance of 497.27 feet to a 3/4" iron pin, said point being the southeast corner of the herein described tract; 'I~I[CE S 89031'25" ~, 1205.06 feet along the south line of the last referenced tract to a point for corner; T~NCE N 25'19'46" B for a distance of 222.8& to a point for corner; I~I~CE N 05'13'18" E for a distance of 63.08 feet to a point for corner, said point being the beginning of a curve to the right having a radius of 572.0284 feet; TH~CE continuin8 alone said curve to the right for a distance feet through a delta an&la of 08'34'37" to a point for corner, said point being the begi--fng of a curve to the right havin8 a radius of 832.0606 feet; THENCE along said curve to the right for a distance of 322.6046 feet through a delta a~&le of 06'47~07", to · point, said point being the beginning of a curve to the left havin8 a radius of 813.0321 feet; THENCE continuing alon~ said curve to the left for a distance of 183.7526 feet through a delta angle of 07°03'02" to a point for corner; THENCE S 89°56t&6" ~ for a distance of 265.29 feet to a point in the vest Line of the aforementioned Trnelove tract; THENCE N 00'58'29" ~ for e distance of 181.00 feet to a 1/2" iron rod found at the northwest corner of the last referenced tract, same being the southwest corner of the tract described in Volume 3373, Page 52, as referenced above; THENCE N 00'01'06" ~ for a distance of &39.02 feet to a 1/2" iron rod found et the northwest corner of the last referenced tract and the. northwest corner of the herein described tract; I THENCE N 89'55'06" · for a distance of 1322.04 feet alon~ the north line of the last referenced tract to a 1/2" iron rod for corner in the vest line of North~hite Chapel Blvd.; l-m~sCE S 00°01'54" E for a distance of 4~0.89 feet along said vest line of said North l~hite Chapel Blvd. to the POINT OF BEGIL'NING and containing 39.5508 acres of land, more or less. Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 TIE STATE OF TEXAS unty of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared DeDi.JA -✓ITT 1- 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 TAL INCHtLINE RATE AMOUNT MAY 20, 6519896 CL . 358 1X75 L 75 . 60 45 . 00 may 20 CITY OF — ORDINA ORDINANCE �20 AN OR AMENDING DINAN I- NANCE NO. 480 THE COMPREHENSIVE ZON- ING ORDINA;; G OF _.... ......._...__...._......__.__ THE CITY OF SOUTH- LAKE, TEXAS;GRANT- ING A ZONING CHANGE i ON A CERTAIN TRACT OR TRACTS OF LAND - WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING APPROXIMATE- LY A 39.5508 ACRE _ .___.. ..._._..., _..,.... TRACTOFLANDOUTOF THE LITTLEBERRY G. HALL SURVEY AB- STRACT NO.686 TRACTS -D 1D AND 1F AND THE �, M `qqD VE Y,UBSCRIBED AND SWORN TO THOASM.HOODSUR- HIS THE cDO ND DAYOF f I� STRACTNO.706, TRACT NOTARY PUBLIC TRACTS AND 9A1, --- — AND MORE FULLY AND i COMPLETELY DE- SCRIBED IN EXHIBIT "A" FROM TARRANT COUNTY, TEXAS TURAL DISTRRICTIOT TOO __._._....__._. SINGLE FAMILY-20A DISTRICT IN ACCOR- DANCE WITH THE EX- "" HERIETO AND SUB ECT ' SUE A. RUSSELL 01 AFFIDAVITS TO THE SPECIFIC RE- L QUIREMENTS CON- COMMISSION EXPIRES TAINED IN THIS ORDI- a OCTOBER 27, 1993 _..._........__..,......... ».......__......__-.."....................__...,........�__,......._,.._ NANCE; CORRECTING .,......... , ..,._.....__._.__.___ THE OFFICIAL ZONING MAP. PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE;PROVIDING A TEAR ALONG THIS BILITY .1�� CLAUSE CLAUSE; DETERMIN- URN THE LOWER PORTION WITH YOUR PAYMENT �\ ING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGES AND REMIT TO : 400 W .• SEVENTH , FW , TX 76102 —mi I AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE Fort Star SANDOF DOLLARS m D(� X�4�6jC31><X�fSFXr�6n f�(,)4 66197 ($2000.001 FOR VIOLA- TIONS OF THE ZONING ACCOUNT 6519896 ORDINANCE; PROM AMOUNT O- CIT57 45 . 00 INGASAVINGSCLAUSE; NUMBER DUE AND PROVIDINGANEF- FECTIVE DATE. PASSEDANDAPPROVEDIN L SECOND READING THIS THE 151hDAYOFMAY,1990 Gary Fickes Mayor of Southlake ATTEST: Sandra L.LeGrand City Secretary Approved as to form: E.Allen Taylor City Attorney CITY OF SOUTHLAKE ORIGINAk 667 N CARROLL PLEASE PAY 45 . 00 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 anty of Tarrant Before me , a Notary ublic in and for said County and State , this day personally appeared qR A 1.02 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 I DESCRIPTION AD SIZE TOTAL RATE AMOUNT } INCH7LINE MAY 04 6511627 CL • 358 1X84 L 84 • 38 31 .92 u NOTICE OF PUBLIC HEARING NOTICE Ishcrebygivenfoal! interested per sons that the City Council of the City of South l ake, Texas,will be holding a public hearing during the Regular Ci- ty Council meeting to be held on May 15,1990,at 7:30 p.m.In the City Council Chambers of City Hall,667 North Carroll Avenue, Soutlilake,Texas. Purpose of the Hearing Is to consider the following ordi- nance In public hearing: OF 1 SOUTHLAKE/�TEXAS �^.... .........._. __.__...._..._. .__.....__._...._._ ORDINANCE dO.480-20 SIGNE I AMENDING Rn�"� AMENDING ORDI- NANCE RIBED AND SWORN TO BEFORE ME , T IS THE COMPREHENSIVE°BOE 0,Y ZONING ORDINANCE NOTARY P OF THE CITY OF SOUTH- r LAKE,TEXAS;GRANT- a, .._.,,_....... ING A ZONING CHANGE ON A CERTAIN TRACT ��T �'i' WITH NTRATHEOF LAND CITY OF N T COUNTY , TEXAS _._.._..... ` y SUE A. RUSSELL SOUTHLAKE TEXAS 947 1: COMMISSION EXPIRES BEINGAPPRdXIMATE- 1NOCTOBER 27, 1993 TR A 39.5508 ACRE TRACTOFLANDOUTOF I D A V I T S .....+ THE LITTLEBERRY G. HALL SURVEY AB- STRACT NO.686 TRACTS )D AND 1F AND THE THOMAS M.HOOD SUR- II \ V E Y,ABSTRACT NO.706, TRACTS 9A AND 9A1, AND I COMPLETELY Y AND DE- L �' SCRIBED IN EXHIBIT TEAR ALONG THIS PERFORATION AND RETURN THE LOWER 1 TA DiASTRICT TO NYMENT —� SINGLE FAMILY-20B - DISTRICT IN ACCOR- DANCE WITH THE EX- HIBIT ATTACHED REMIT TO : HERETOANDSUBJECT VTH, FW, TX 76102 FTO THE SPECIFIC RE- ort Worth Star-Telegram THE OUIREMENT CON- TAINED IN THIS ORDI- NA P, PRESERVING R SERVING 76197 �fF-N�� THE OFFICIAL ZONING K �P X D0XyG�� ALL POTHER PORTIONS 6511627 ACCOUN ORDI- NANCE;PROVIDING A AMOUNT NUMBEF SEVERABILITY DUE . 31 • 92 CLAUSE; DETERMIN- ING THAT THE PUBLIC PAGE 1OF 1 INTEREST, MORALS AND GENERAL WEL- FARE DEMAND THE ZONING CHANGESAND AMENDMENTS HEREIN MADE; PRO- VIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS ($2000.00) FOR VIOLA- TIONS OF THE ZONING ORDINANCE; PROVID- ING A SAVINGS CLAUW;AND CITY OF SOUTHLAKE ORIGIN ING AN EFFECTI a ___,_.�..,�. DAT667 N CARROLL CSandra 5�of Souttilake L��..}LerGYrand 31 • 92 SOUTHLAKE TX 76092 0 CitIIIIIJaNtVIVUIvi •7. ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED