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480-049CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-49 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, 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 .75 ACRE TRACT OF LAND OUT OF THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING A PORTION OF TRACT 5M, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM SF-1A, SINGLE FAMILY-lA TO SF-30, SINGLE FAMILY-30 RESIDENTIAL, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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, as SF-1A, Comprehensive the hereinafter described property is currently zoned Single Family-lA Residential under the City's 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 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 ~n~ral health, safety and welfare of the community. NOW, THEREFORE, BE IT 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 .75 acre tract of land out of the Samuel Freeman Survey, Abstract No. 525, being a portion of Tract 5M, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From SF-1A, Single Family-iA Residential District to SF-30, Single Family-30 Residential District. Section 2. That the City Manager is correct the Official Zoning Map of the City of reflect the herein changes in zoning. hereby directed to Southlake, Texas, to 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. Ail rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 10. This ordinance shall be in full force and effect form and after its passage and publication as required by law, and it is so ordained. APPROVED on the 1991. _----'"{," PASSED AND APPROVED on the , 1991. 1st reading the ~ day of C~Y SECRETARY 2nd reading the /~ day of ATTEST: -4- APPROVED AS TO FORM AND LEGALITY: -5- Legal Description BE.lNG a tr;tct of la~d out of the SAMUEL FREEMAN SURVEY, Abstract No. 525, and being the East 0.75 acres of a tract deeded to Phillip L Mummert ;md u,ife, Elsie A. Mummert and recor,ded in V..olume 6630, Page 874, Deed Rec~,rds. Tarrant County, T~as, and being described by metes and bounds as fol'~w5: BEGINNING at a point 1842.6 feet South and 1348.7 feet 20 mmute~ West, by deed calls, from the Northeast corner Survey: South 89 degrees of said Freeman THP;NCE North 01 degrees 12 minutes West, along the Hast line of said Mummcrt tract. 240.0 feet to the Northeast comer of same; 'FIIF. NCE South 88 degrees 48 minutes West, along the North line of said Mummert tract, 136.25 feet; 'FllF. NCE South 01 degrees 12 minutes East, 239.60 feet to the South line of said Mummcrt tract; TllI-;NCi.:. North 88 degrees 57 minutes East, along said South line of the Mmnrncrt tract, 136.25 }'eel to the PLACE OF BEGINNING and ctmtaining 32.6'~o ~quare feet or 0.75 acres of land. Registered ProfessiOt Texas Registration N~ !Land Surveyor 4675 c/A-5 McGulnncss ~. Axs¢~iatc.% thC. 5300 FO~,EST HILL DR. PHONE 531-1276 Fo~T WOI~T~4, T~×AS 76119 Fort Worth Star-Telegram 400 W.SEVENTH STREET • ...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 KELLEY ALLARD 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 INCHfl..It >� . JUL 19 6726834 CL . 358 1X88 L 88 . 38 33. 44 july 19.___ CITY OF SOUTHLAKE TEXAS ORDINANCE SOUTHLAKE,TEXAS AN ORDINANCE _._. .._.. .. ,...... .... . AMENDING ORDI- NANCE NO. 480, AS AMENDED THE f OM- PREHENSIcJE 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 APPROXI- MATELY ..,......., _.. . .. .-__ ....__._...______._...,..... A .75 ACRE �_._. ...... TRACT OF LAND OUT OF THE SAMUEL FREEMAN SURVEY, Q/ ABSTRACT NO. 525 SIGNED , RACISPORTION ANDIMORE 19th • 1991 ._ ULLY AND COM- ND SWORN TO BEFORE ME , THIS THE DAY OF E DE- -Z.RIRD IN EXHIBIT � NOTARY PU3L11 „A„FROM SF-lA SIN- __..._..._._ ..-...... ... _ _._..._..._..__.._--__._.____.... GLE FAMILY-IA I OSF- SIET AIREIDNAL SUB- JECTTOTHESPLCIFIC TARRANT C Y TEXAS REQUIREMENTSCON- TAINED INTHISORDI- 1rgh.q't'�,46.1 1 # NANCE CORRECTING 1i `. , THE OFFICIAL PIRES ZON- ING - -./0F,,e...1:14, ,,� .KATHR�N.1. SPENC4ErR...� 01 AFFIDAVITS ING ALL OTHER POR- �.1 COMMISSION EXPIRES # TIONSOF THE ZONING • U ORDINANCE; DETER- ��4v� +�• jA1i,�RY ZH, 1995 MINING THAT THE - _S PUBLICL ANDGENER_ + '9`:�::;�' WELFARE IDE-NG I \, v�w'C MAND THE ZONING ,(I //V.�lp.J1 CHANGES AND AMENDMENTS HEREIN GTrHAT°THISOR- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -y DINANCE SHALL BE — CUMULATIVE OF ALL ORDINANCES PRO- VIDING ASEVE•!RABIL- ITY CLAUSE PROVID- ING FORA PENALTY REMIT TO : 400 W • SEVENTH, FW, TX 76102 FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; 1 PROVIDING FOR PUB a -- LIGATION IN THE OF Star-Telegram F:E.N.1! TO' `:! XFXCXV 9VSX X K:X1X-X4X)XIXIX ROM Xt6197 I id FICIAL NEWSPAPER• AND PROVIDING API --- ---_-- EFFECTIVE DATE. ACCOUNT AMOUNT Section 7.Any person,firm NUMBER C I T 5 7 DUE 33 . 44 or corporation who violates, disobeys,omits, neglects or , ref uses to comply with or who fethe provisIonseof this orrdl PAGE jr 1 -Ice shall be fined not more n Two Thousand Dollars 000.00) for each offense. ach day that a violation is permitted Coexist shall consti- tute a separate offense. PASSED AND APPROVED IN SECONDREADINGTHIS THE 16th day of July, 1991. Gary Flckes Mayor of South lake ATTEST:Sandra L.LeGrand City Secretary Approved as To form:E.Allen Taylor Jr. OF SOUTHLAKE ORIGIN r".,e"nrney 667 N CARROLL PLEASE PAY 33 . 44 SOUTHLAKE TX 76092 0 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*** 400 W.SEVENTH$TREET•FORT WORTH,TEXAS 76102 STATE OF TEXAS my of Tarrant Before me , a Notary Public in and for said County and State , this day personally appeared KELLEY ALLARD 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 _._ ----.—_--- ..�,. �... ... _...._- INCH/LINE _ I JUN 21' 6713156 CL . 358 1X99 L 99 . 38 37 . 62 NOTICE HAR J une 21 PUBLIC HEARING NOTICE is hereby given toall interested persons that the Ci- ty Council of the City of South- lake,Texas,wilt be holding a RegularCitylCounc Il during to be held on July 2 1991,at —..__.__-.._...._.. _ 7:30p.m. SouthlaketltyHall, 667 North Carroll Avenue, .Southlake,Texas. • 1 Purpose of the hearing Is to --- ------ considerthesecondreadingof the following ordinance: CITY OF ORDINANCE TEXAS C/C/mil — ORDINANCE NO.480-49 AN ØDING INORDE SIGNEDE NO. 480 AsAND SWORN TO BEFORE ME , THIS THE 21st D Y. ODED THEDM- ,NCE F THE pANCE OF THENOTARY PUDFSOUTHLAKE, ' TEXAS. GRANTING A \ ZONING CHANGE ON A _ f CERTAIN TRACT OR TRACTS OF LAND TARRANT COpNT , TE AS WITHIN THE CITY OF ------- - SOUTHLAKE TEXAS ' BEING AP ���Y. PROXI- 1 . MATELY A .75 ACRE 0,**. !,' )l �;1-1iFt I J. SPENCER 1 TRACT OF LAND OUT "___"__ "�+ 01 AFFIDAVITS OF THE SAMUEL i �.d.C�Jj�;ItiiLCi.SiD�EXPO+;tS FREEMAN SURVEY, i TRACT NO. 525 I'+'. +yi A PORTION OF "1y..........•tP� JAPJUA 1Y 28, 1995 TSM,AND MORE .. _.. _....._ __ rrr '= Y AND COM- %Now r_cTELY DE- SCRIBED IN EXHIBIT ` - A"FROM SF-1A SIN- J�9.^I" GLE FAMILY-1AIOSF- RLSIIDENT ALISUB • JE SIDEN ESPICIFIC TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REQUIREMENTS CON- TAINED CORRIECOTING THE OFFICIAL ZON- ING MAP PRESERV- ING ALL OTHER POR- REMIT TO : 400 W • SEVENTH , FW, TX 76102 TIONSOF THE ZONING p ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, Star-Telegram PEPAITT X'YPX XXX3XXX PRXX-(X X1(119 MORALS AND GENER- AL WELFARE DE- MAND THE ZONING CHANGES AND ACCOUNT AMOUNT HEREIN MADE; PRO- AMENDMENTSNUMBER C I T 5 7 DUE 37 . 62 VI DING THAT THIS OR- DINANCF SHALL BE I CUMULATIVE OF ALL PAGE ®F 1 ORDINANCES- PRO- J+ IL- TIDICLAUSEVPROVID- ING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OF- FICIAL NEWSPAPER; EFFFD ECTIIVEIDATE.Ai3 Section 7.Any person firm or corporation who violates, I I disobeys,omits, neglects or ho O F S O U T H L A K E ORIGINAL refuses to comply with or w f anY of the provisions of t C A R R O L L PLEASE PAY of the provisions of this ordi- 37 .62 nance shall be fined not more LAKE THIS AMOUNT , than Two Thousand Dollars T X 7 6 0 9 2 0 (52,000.00) for each offense. Each day that a violation Is ptermitted sdtto alast eoffenlsccons'- TN : SANDRA LEGRAND City of Southlake CiSandra ySecrety-ar PLEASE WRITE IN AMOUNT ENCLOSED__