480-453CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORE
ORDINANCE NO.480-453
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 LEGALLY DESCRIBED AS TRACTS
1A, 1A1A, & 1A1, SITUATED IN THE W.R. EAVES SURVEY,
ABSTRACT NO. 500, BEING APPROXIMATELY 0.6 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "C-3" GENERAL
COMMERCIAL DISTRICT AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B", 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 home rule 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 "AG" Agricultural District under
the City's Comprehensive Zoning Ordinance; and
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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
ad 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,
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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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, 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 Tracts IA, 1AIA, & IA1, situated in the W.R. Eaves Survey, Abstract No. 500, being
approximately 0.6 acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "C-3" General Commercial District as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit `B", and subject to the
following specific conditions, if any:
1. Granting the requested variance allowing a public street with 40 feet of right-of-way
and 10 foot utility easements on either side in lieu of the total 60 feet of width;
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2. Granting the requested variance allowing a stacking depth of approximately 28 feet
between Lots 5 and 6;
3. Granting the requested variance allowing that bufferyards not be required along several
interior lot lines due to a common access drive along the property lines as shown on
the concept plan Exhibit `B';
4. Adding a common access driveway to the west into Southlake Market Place;
5. Requiring a reciprocal parking agreement with parcels 4, 5, and 6;
6. Requiring planting materials along the rear fence line of the development;
7. Requiring installation of sidewalks (with a width of 4 feet) as lots develop along the
west side of Players' Circle; installing a sidewalk (with a width of 4 feet) along the
frontage of FM 1709;
8. Approving the architectural styles of the buildings as shown on rendering shown on
April 5, 2005;
9. Requiring the entry feature be complete before the opening of the soccer facility;
10. The following requirements apply to the concept plan attached hereto as exhibit `B":
a. Remove the bufferyards shown from the pavement areas.
b. Change the name of the development. A street name with `Pavilion' already
exists in the City.
c. Correct the parking calculations, both `required' and `provided', for Lot 5 in
the Summary Chart Per Lot.
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
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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.
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
Page 5
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 8.
All 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
fifteen (15) 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 from and after its passage and publication as required by
law, and it is so ordained.
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PASSED AND APPROVED on the 1st reading the 5th day of April, 2005.
ATTEST:
aA�44&z -
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 19th day of April, 2005.
MAYOR
ATTEST:
Aa-aA49Z
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
ADOPTED: I -)R•Qh
EFFECTIVE: q-22.05
Page 7
EXHIBIT "A"
Being Tracts 1A, 1A1A, & 1A1, situated in the W.R. Eaves Survey, Abstract No. 500, being approximately
0.6 acres.
Page 8
1W:4:16:31a:M
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AD
0
RED APR 0 5 2005
INVOICE
Star -Telegram Customer ID: CIT57
400 W. 7th Street-�-- - Invoice Number: 254484141
FORT WORTH, TX 76102 G) C Invoice Date: 4/24/05
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/05
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY+
1400 MAIN ST Order Number: 25448414
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Dates: 4/22/05 - 4/24/05
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 108 108 LINE $0.42 590.48
THE STAI
County of
Before me,
for the Star
that the att,
(817) 39(
SUBSCRIBI
Thank Yc
Remit To
4ny person, firm or
corporation who vio-
lates, disobeys, omits,
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
gprovisions of this or-
inance 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 consti-
tute a separate of -
Net Amount:
Farwell,
i
CHRISTY L. HOLLAND
*: *' MY COMMISSION EXPIRES
+? July 31, 2008
$90.48
or said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ertisement was published in they abovAamed paper on the listed Rates: BIDS & LEGAL DEPT. STAR TLEGRAM
Signed
EFORE ME, THIS Wednesday, MayA4, ?'0q5.
Notary Public
ment
---------------------------------
61
FORT WUKI'H, TX
76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
254484141
$90.48
NO PO
INVOICE
Star -Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
DFAPR 2 0
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST OFFICE OF CITY SECRETARY
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE Notice is he 13580 1
THE STATE O
County of Tarr
Before me, a N
for the Star -Tel
that the attache
(817) 390-72
SUBSCRIBED F
Thank You
Remit To:
Customer ID:
CIT57
Invoice Number:
253869441
Invoice Date:
4/6/05
Terms:
Net due in 21 days
Due Date:
4/30/05
PO Number:
NO PO
Order Number:
25386944
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
4/6/05
121 121 LINE $0.81 $98.01
SECTION 7.
\ny person, firm or
corporation who vt Net Amount:
neglects
disobeys, omits,
neglects or refuses to
comply with or who
resists the enforce-
ment of any of the
dprovisions of this or-
inance shall be fined
not more than Two
Thousand Dollars
( 2,000.00) for each
o ense. Each day that
a violation is permitted
to exist sha II consti-
tute a separate of-
fense.
NW of Southlake
o Farwell
:ity Secretary
tee+
CHRISTY L. HOLLAND
'* *` MY COMMISSION EXPIRES
July 31, 2008
$98.01
aid County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ement was published in thlabo# named paper on the iismd dates: BIDS a LEGAL DEPT. STAR TLEGRAM
Signed
E ME, THIS Tuesday, April 1
Notary Public
76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
253869441
$98.01
NO PO