480-597 CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-597
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
DESCRIBED AS LOT 1A, BLOCK 1, EMERALD ESTATES
SOUTH ADDITION, BEING APPROXIMATELY 0.90 ACRES AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "0-1" OFFICE DISTRICT TO "S -P -1" DETAILED SITE
PLAN DISTRICT, AS DEPICTED ON THE APPROVED SITE
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 "0-1" Office
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 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 described as Lot 1A, Block 1, Emerald Estates South Addition,
Southlake, Tarrant County, Texas, being approximately 0.90 acres, and
more fully and completely described in Exhibit "A" from "0-1" Office
Zoning District, to "S -P -1" Detailed Site Plan District as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit
"B," and subject to the following conditions:
1. The dumpster that is currently located on site shall be removed and trash will be
stored internally until scheduled pick -up;
2. The Bradford Pear Trees located in the bufferyards shall be replaced with
Yaupon Hollies as depicted in `Exhibit B';
3. Approval of the sign location is contingent upon obtaining an encroachment
agreement by the City;
4. and Staff Review Summary No. 1, dated August 12, 2010.
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.
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 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.
PASSED AND APPROVED on the 1st reading the 7 day of September,
2010.
/fi
MAYOR
ATTEST tt tttt ,,,,,,, ,,,,, ,
,, S ° " - •
ju‘ , c - 43 h
CITY SECRETARY ° - '`
, /',
**It( .'
PASSED AND APPROVED on the 2nd reading the 21 day of September,
2010.
MAYOR
ATTEST: S
1 11 •tr
CITY SECRETARY
• . .
.,, ,,, **it `,....
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 22
ADOPTED: 9zl • ID
EFFECTIVE: .9-24-0
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Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102 ocl
(817)390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
PAYABLE
%.I i r yr 3V V I nLAMr
CI Notice is hereby given by the City
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING DESCRIBED AS LOT
Council of the City of Southlake,
1A, BLOCK 1, EMERALD ESTATES
Texas, that a public hearing will be
held on September 21, 2010, at 5:30
SOUTH ADDITION, BEING AP -
PROXIMATELY 0.90 ACRES AND
S£ p.m. or immediately following the
MORE FULLY AND COMPLETELY
Work Session, during the Regular
DESCRIBED IN EXHIBIT "A" FROM
City Council meeting to be held in
"0-1" OFFICE DISTRICT TO "S-P-1"
the City Council Chambers of Town
M Hall, 1400 Main Street, Southlake,
DETAILED SITE PLAN DISTRICT,
AS DEPICTED ON THE APPROVED
Texas. Purpose of the public hearing
SITE PLAN ATTACHED HERETO
is to consider the second reading
AND INCORPORATED HEREIN AS
of the following ordinance:
ORDINANCE NO. 480-597
EXHIBIT "B", SUBJECT TO THE
AN ORDINANCE AMENDING ORDI-
SPECIFIC REQUIREMENTS CON.
TAINED IN THIS ORDINANCE;
NANCE NO. 480, AS AMENDED,
CORRECTING THE OFFICIAL ZON.
THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF
ING MAP; PRESERVING ALL OTHER.
SOUTHLAKE, TEXAS; GRANTING A
PORTIONS OF THE ZONING OR-
DINANCE; DETERMINING THAT
ZONING CHANGE ON A CERTAIN
THE PUBLIC INTEREST, MORALS
TRACT OR TRACTS OF LAND
AND GENERAL WELFARE DEMAND
THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE;
PROVIDING THAT THIS ORDI-
NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; PRO-
VIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING
A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFI-
THE STATE OF TEXAS
CIAL NEWSPAPER; AND PROVID.
County of Tarrant
ING AN EFFECTIVE DATE.
SECTION 7.
Any,person, firm or corporation who
Before me, a Notary Public in at
vioates, disobeys, omits, neglects
the Star -Telegram, published by
or refuses to comply with or who
resists the enforcement of any of
that the attached clipping of an ;
the provisions of this ordinance
390
(817 ) 7501
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.
PASSED AND APPROVED THIS THE
SUBSCRIBED AND SWORN T
21st DAY OF SEPTEMBER, 2010,
DURING THE REGULAR CITY
COUNCIL MEETING.
MAYOR: John Terrell
ATTEST: Lori Payne, City Secretary
Thank You For Your Payment
---------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
I
Customer ID:
CIT57
Invoice Number:
312341931
Invoice Date:
9/24/2010
Terms:
Net due in 21 days
Due Date:
9/30/2010
PO Number:
21000007-000
Order Number:
31234193
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
9/24/2010
71 71 LINE $17.29 $1,227.62
($1,116.21)
$10.00
.......Net Amount: $121.41
y0��'��,,�
V•r,�o,�p,RY PCi�`�j
/
9'fioF e �Ir
i°lRES .•' N
day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
'orth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
e above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
312341931
$121.41
21000007-000
$.. _�