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480-026CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-26 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 43.222 ACRE TRACT OF LAND OUT OF THE S.H. THOMPSON SURVEY, ABSTRACT NO. 1504, TRACTS 3 AND 4A, 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 $outhlake, 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 effect of such lights cn 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 ~he land; effect on the concentration of population; and ezfect 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 zind 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, 5he 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 chan~e in the conditions of the property surrounding and in close prox~m~t? to the tract or tracts of land requested for a change sinc~ 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 cf the City of Southlake, Texas, and helps promote the ~eneral health, ~ ~ s~e~ and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY S~UTHLAKE, TEXAS: 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 43.222 acre tract of land out of the S.H. Thompson Survey, Abstract No. 1504, Tracts 3 and 4A, as more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From Agricultural District to Single Family 20A. 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. 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 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 provzsion 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. Sectiou 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 uhis 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. ~,L/~PASSED AND APPROVED ~ , 1990. on the 1st reading the ~/ day of PASSED AND APPROVED on the 1990.- APPROVED AS TO FORM AND LEGALITY: diTY SECRETARY 2nd reading the ~ day -~%~a~ O R / ATTEST: ~ITY SECRETARY of CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: -4- ~letes and bounds description follows: BEGINNING at a P.K. nail in Continental Boulevard, for 'the northeast comer of a 12.94 acre tract as recorded in Volume 8071, Page 1726, Deed Records of Tarrant County, Texas; THENCE South 89° 59' 59" East, along Continental Boulevard, a distance of 1063.48 to a PK nail; THF_aNCE South a distance of 28.25 feet to a 1/2" iron pin in the south line of Continental Blvd; THENCE South 00' 00' 19" West, a distance of 457.84 feet to a 5/8" h'on pin; THENCE South 25° 59' 59" East, a distance of 1143 feet to a 5/8" iron pin; THENCE North 89' 59' 23" West, generally aiong a fence, a distance of 1585.67 feet to a 3/4" iron pin for the southeast corner of said 12.94 acre tract; THENCE North 00° 50' 53" East, along the east line of said 12.94 acre tract and generally along a fence, a distance of 567.68 feet to .a 1" iron pin; THENCE North 00° 45' 38" East, along the east line of said 12.94 acre tract and generally along a rock wall and a fence, a distance of 925.40 feet to a 3/4" iron pin in'the said south line of Continental Boulevard; THF_2qCE North 00° 45' 45" East, a d/stance of 20.64 feet to the POINT OF BEGINNING, and encompassing 43.222 acres of land, of which 0.597 acres lie in of Continental Boulevard, leaving a net of 42.625 acres of land. This legal description was compiled from a survey prepared by J. M. Ted leverage, R.P.L.S. # 2762. Fort Worth Star-Telegram 400W SEVENTH STREET•FORT WORTH,TEXAS 76102 IE STATE OF TEXAS aunty of Tarrant Before me, a Notary Public in and for said County and State , this day personally appeared Do NA LAT'r'A 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 INCH/LINE RATE AMOUNT SEP 07 6583911 CL . 358 1X73 L 73 . 38 27 . 74 september 7 Y CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-26 AN ORDINANCE AMENDING ORDI- NANCE NO. 480, THE COMPREHENSIVE ZON- . ING ORDINANCE OF THE CITY OF SOUTH- LAKE,TEXAS;GRANT- ING A ZONING CHANGE OR TRACTSAIN OFTLAND WITHIN THE CITY OF SOUTHLAKE, TEXAS ; ,,, BEINGAPPROXIMATE• • __._.__ ..__...--..__ __._..._ _.-._-. ..-,._. .._.__.. .LY A 43.222 ACRE TRACT OF LAND OUT OF THE ' S.H. THOMPSON SUR �� VEY, ABSTRACT NO. SIGNED ""' TRACTS 3 AND 4A, PIETELYLYDE > AND SWORN TO BEFORE ME, THIS THE 7714 D Y OF & J 4embel; 19z1 3ED IN EXHIBIT NOTARY PUBLIC FROM AEX ICUL- .. ................ TURAL DISTRICT TO SINGLE FAMILY 20A DISTR • DANCE WITH T A IN CHE _._.._-__._.______.__.__._......... T A R R A N T COUNTY, TEXAS HIBIT ATTACHED HERETO AND SUBJECT ' ' `'P�''G CON- . BONNIE A. TO THE SPECIFIC RE- ;o '•---~°�--', AQAM$ 01 AFFIDAVITS TOAINEDNIN THIS ORDI- j. •ttf 4 V� NANCE; CORRECTING S )� NOTARY PUBLIC THE OFFICIAL ZONING [k . 1., State of Texas MAP; PRESERVING 1;hip_-6'� ALL OTHER PORTIONS Comm, ExP. 11-06-93 ONANCE;PROVIDING A F THE ZONING ORDI- eki /SEVERABILITY ' CLAUSE; DETERMIN- ING THAT THE PUBLIC INTEREST, MORALS TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT AND GDEMAN WEL-THE Ate- �� FARE DEMAND THE — ZONING CHANGES AND AMENDMENTS HEREIN MADE; PRO- NOT TO EXCEED LTY THE REMIT TO : 400 W . SEVENTH , FW, TX 76102 NOT TO EXCEED THE SUM OF TWO THOU- SAND DOLLARS(S2000 y - _._-_-- __. - -\ IONS.00) FOR VIOLA- r Star.Telegram 1■ � . ORDINANCE; PROVID- ING ASAVINGSCLAUSE; ---- FND ECTIVE DA EGANEF- I ACCOUNT AMOUNT NUMBER C I T 5 7 27 . 74 DUE ASSEDANDAPPROVEDIN ECOND READING THIS -IE 4TH DAY OF SEPTEM- I ER 1990. PAGE IF 1 AR FICKES AYOR OF SOUTHLAKE FTEST: 1NDRA L.LEGRAND TY SECRETARY 'PROVED AS TO FORM: ALLEN TAYLOR JR. TY ATTORNEY CITY OF SOUTHLAKE ORIGINA le \ 667 N CARROLL PLEASE PAY , 27 . 74 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED