480-379 (2)CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -379
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 3E2A, 3E2A4, 3E3A,
3E12, AND 3E13, SITUATED IN THE JOHN CHILDRESS
HEIRS SURVEY, ABSTRACT NO. 254, AND BEING
APPROXIMATELY 1.314 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -IA" SINGLE FAMILY
RESIDENTIAL DISTRICT, 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
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District 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 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
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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 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 3E2A, 3E2A4, 3E3A, 3E12, And 3E13, situated in the John Childress
Heirs Survey, Abstract No. 254, and being approximately 1.314 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF -IA"
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Single Family Residential 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.
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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 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
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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 from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 61, day of k& & — , 2001.
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MA`U '
J ZHLAKF'••.
•• O .•••......: �''., ATTEST:
o'
0 Cf)
TY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of WAIN 2001.
MA' MR
J'fH�- AK�c'•..
• = ATTEST:
O • • Z
ITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
LLtat�' hL
CITY ATTORNEY
DATE: D .e � I e d:Qn I
ADOPTED:
EFFECTIVE: G9,
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EXHIBIT "A"
Being Tracts 3E2A, 3E2A4, 3E3A, 3E12, and 3E13, situated in the John Childress Heirs Survey,
Abstract No. 254, and being approximately 1.314 acres.
T -T ?` OF TEXAS �
i]' N7*i DF TAR RANT �
:' I •T KlIEREAS E 13a= AL t e.n , is the l7vner or a t Kact 1 r. the
.: r tiniidreas = SLrvey AbsLfdCt NO, 254, situated in the City of
% .-1vth1&1CF2. Td rrdrr Count f r 'Texas, as deSer abed in deeds bf reCord
i, ,'!754', r.t.3e 946, and Volume 5250. Pagge 483, and being
- n -ir : r•3 "t i ^:r 13 r ". ,r descr i bed by metes and bounds as !0110WS;
?r•_ n Lnq )t a */2- iron set <Lt the i -Pi'tinn r3F thr
nuft!•.Crl and va- A %erly lines iuE a road eale
naving a vtdtb of 20.00 feet as described in a deed
nF recurd in Vol;me 4732, Page 352. D eed Reenrds,
;arrant County, Texas, said poirt baing by deed calls
908 varas MDrth, 301.5 varas west. N. 89 8. 20.5 feet,
and N, 1 70 COOL f rorp the southeast corner of
Raid hikdress Survey,sald 110int also tieing the
so•,7tilwt -5t cafnv'r of t•he herein described tract;
-. %J. 1 _8' -00 "E. 1 ?4.94 feat alo•tg the easterly line
, ;, t're 3bave ment road easement to a t /2" i ron
sit :1 SaMe7
THENJI w', IL- 95.30 Eeet continuing along said
eagteriy itne to a 1/2" iron found in same Eor the
nnrthwPmt corner M{ the herein descrybed tract, said
point tie i nyi the southwest. corner of a tract described
:r a deed recorded in Yoyvme 71944, Payee 163'9, Deed
Records, Tarrant Cuunty, Texas;
THENCr S. 99 -a0 "E. ?07.90 feet alo-1- the South tine Of
the lal.t reEtrev ,Gee+ tract to a 11:" iron found at trip
sonLhed5t earner ofsarne in the west liRe of a tract
aescr;`ed in a deed to the USA a C -261, for Crapevinn
-ake:
;Ei „�:' : :: S. 3 - -38'- "00” E, 278,]0 feet alans; said west line of
T act C-761, ao a 1 12" iron set In sane for the
3- nutheLst corner cif the hereir. dc5r=ribe,- trsetr
7H--N 2 ?3.02 fppt along the rarther!y line
of a rrd•d easement, abawe rr,ent to the POT OF
7 a nd containing 1.3t4 acres.
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