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480-025CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-25 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 1.90 ACRE TRACT OF LAND OUT OF THE W.W. HALL SURVEY, ABSTRACT NO. 695, THE SOUTHERN PORTION OF TRACT 3E, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM AGRICULTURAL DISTRICT TO OFFICE-1 DISTRICT AND A 1.58 ACRE TRACT OF LAND OUT OF THE SAME TRACT FROM AGRICULTURAL DISTRICT TO COMMERCIAL-1 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 a~d effect ot such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs te traffic control and acjacent property; street size and adecuacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy or 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 transportauion, wazer, 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 Citv; 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 reels 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 o~ 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 !. That Ordinance No. 480, the Comprehensive Zoning Orainance of the C1Ey ot Southlake, Texas, passed on the 19th day of Sept=mber, 1989, as originally adopted and amended, is hereby amena~d so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being approximately a 1.90 acre tract of land and a 1.58 acre nract or land out of the W.W. Hall Survey, Abstract No. 695, the southern portion of Tract 3E, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Office-1 and Com~ercial-i Districts, respectively. Section 2. That the Citv 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 cf !and 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. Ail 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 comprehensiv~ 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 nor repeal any of the provisions of said ordinances except -~ ~u~ose instances where provisions~ of those ordinances are ir direct conflic% with uhe provisions cf this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that it the validity of the zoning affecting an}' portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect nhe validity of the zoning of the balance of said tract or traces 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 zn 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. AND APPmO~D on the 1st reading the dav of PASSED ~L~ , ~99o. .,- % . . ,. ~% ;~..~ '. i~ ... = ATTEST: %~ ... ... %%, . , I,,,,,~ ~9Y SECRETARY- on the 2nd reading the ~/ day of AT~:  A~ AND APPROVED , 1990 . APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- COUNTRY MEADOW ESTATES - 0-1 tlO~iEI LIAO AUGUST 18, 1990 All that certain lot, tract or parcel of land located in the W.W. Hall Survey, Abstract 695, Tarrant County, Texas, being a portion of that certain 25.196 acre tract described in deed to Homei Lido, Trustee and Jla liar Hwang, Trustee, recorded in Vulume 7937, Page 294, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of said 25.196 acre tract and the West line of the certain 22 acre tract of land conveyed to Beulah B. Cross by deed recorded in Volume 3989, Page 640, D.R.T.C.T., said point being North O1 degree 11 minutes 20 seconds East, 272.09 feet from an iron pipe found in the North right of way (R.O.W.) line of F.M. No. 1709 for the Southeast corner of said 25.lg6 acre tract and the Southwest corner of said 22 acre tract; THENCE North 88 degrees 49 minutes 04 seconds West, 319.58 feet to a point for corner; THENCE South DU degrees 09 minutes O0 seconds East, 272.09 feet to a point in the North R.O.W. of sand F.M. 1709 for a corner; THENCE with the North R.O.W. line of said F.M. 1709, South 89 degrees 57 minutes 02 seconds West, 313.47 feet to an iron pipe found in the North R.O.W. of said F.M. 17U9 for the Southeast corner of said 25.196 acre tract and the Southwest corner of said 22 acre tract; THENCE North O1 degree 11 minutes 2U seconds East, 272.09 feet to the Point of Beginning and containing 1.gu acres of land. COUNTRY HEADOW ESTATES - C-1 AUGUST ]8, 1990 HOMEI LIAD All that certain lot, tract dP parcel of land located in the W.W. Hall Survey, Abstract b95, Tarrant bounty, Texas, being a portion of that certain 25.196 acre tract described in deed to Homei Liao, Trustee and Jla Her Hwang, Trustee, recorded in Volume 7937, Page 294, Deed Records of Tarrant County, Texas {D.R.T.C.T.), and being more particularly described by metes and bounds as follows: BEGINNING at a point in the North right of way (R.O.W.) line of F.M. No. 1709 and being at the Southeast corner of Diamond Circle Estates, the plat of which is recorded in Volume 388-177, Page 7, Plat Records of Tarrant County, Texas (P.R.T.C.T.), said point being further described as hearing North DO degrees 09 minutes OU seconds West 50.~0 feet from the Southwest corner of aforesaid W.W. Hall Survey, Abstract 695; TIIENCE with a common line of Diamond Circle Estates and said 25.]96 acre tract and generally with a fence, North DO degrees 09 minutes O0 seconds West, 235.61 feet to a point for corner; THENCE North 89 degrees 54 minutes UU seconds East, 290.00 feet to a corner; TttENCE South UU degrees O9 minutes O0 seconds East, 243.14 feet to a point for corner in the North R.O.W. of said F.M. 1709; THENCE with the North R.O.W. line of said F.M. 17~9. North 89 degrees 57 minutes U2 seconds West, 290.00 feet to the Point of Beginning and containing 1.58 acres of land.