480-163CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -163
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 6.0
ACRES SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT
NO. 706, TRACT 2A1, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 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 malting 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
G:\ORD\ZONING \480.163
Page 1
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
S OUTHLAKE, 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:
GAORMZONING \480.163
Page 2
Being a 6.0 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706,
Tract 2A1, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "AG" Agricultural to "SF -lA" 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. 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,
GAORWONINGW80.163
Page 3
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 from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 4— day 4 A-Z-�' 1995.
�
v x
a
_•N
ATTEST:
F ', ,
' 4 a F W
PASSED AND APPROVED on the 2nd reading the —L day
c> >c
A
?t *. *
Y
ATTEST:
1995.
GA0RD\Z0NING1480.163
Page 4
APPROVED AS TO FORM AND LEGALITY:
1 A J eoAtc
CITY ATTORNEY
DATE: a --91 '
ADOPTED
EFFECTIV
G:\ORWONIN0480.163
Page 5
ID.•I:
THAT WHEREAS, Robert H. Moss and wife Willie Mae Moss are the owners of
a tract in the T. M. Hood Survey, Abstract No. 706, situated in the City of
Southlake, Tarrant County, Texas, as described in a deed of record in
Volume 5483, Page 326, Deed Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a k" iron found in the West right -of -way fence of Shady Oaks
Drive for the Northeast corner of the herein described tract,
said point being 40.93 feet South and 47.4 feet West of the
Northwest corner of Lot 2- B -2 -A, Block 1, Burnett Acres Addition
to the City of Southlake, as shown on a plat of record in
Volume 388 -171, Page 21, Plat Records, Tarrant County, Texas;
THENCE S. 0 - 41' - 10 W. along the West right -of -way fence of said
Shady Oaks Drive 406.64 feet to a k" iron found in same for the
Southeast corner of the herein described tract;
THENCE S. 89 - 59 - 41 W. 642.39 feet along the North line of a
tract described in Volume 2741, Page 464, Deed Records, Tarrant
County, Texas, to a X11 iron found in same for the Southwest corner
of the herein described tract;
THENCE N. 0 - 37' - 56" E. 406.70 feet along the Easterly line of
a tract described in Volume 2312, Page 624, Deed Records, Tarrant
County, Texas, to a X11 iron found in same for corner;
THENCE, East (base bearing Volume 5483, Page 326,) 642.76 feet to the
POINT OF BEGINNING and containing 6.0 acres.
GAORDVONING \480.163
Page 6
Fort Worth Star-_e - • . 1
400 W. SEVENTH STREET•FORT WORT saVoN 3y47nd
--- STATE OF TEXAill!
my of Tarrant; ,
pooMaePaM'JO
Before me, a Not `•'ae�°,,�� £iewe"'ll "�1 and for said Countyand State , this day
s� � n dL-£el9c
personally appear, 'gas., .oMesIogV:Oisa°SPA Billing Specialist for the Fort Worth
Star-Telegram , pul. eues�a �oeeo s.£ Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; am! IlyuebauJnaes6sa m9.42eing duly sworn , did depose and say that the
following clipping -..isss4ssabassa,,isement was published in the above named
paper on the foil e -De'a,,nyluioA iPaAMN:LCOL
.je -Pd')IaaJD!lent 104
'JOa SJOJJIw Jaa9'ias;log,
Aped•olnoa p!sialeM'sayyolD
yo syo-1 ales aeeie0-9£09L
DATE AD INVOICE NO. 6019E AD S ZE ,N�T�NE RATE AMOUNT
E£L9L L£L9L EZL9L 9E09L
FEB 1,01 3126820 ' CL . 6salesa6eieo £E9A 1X76 L 76 . 46 34 . 76
fob wa£-weg'll Q We aA' S
'AJJa9 M 9L4L Ludt-wall
ue,
P . Q , noA new a,oW sAoy'sa4yo13 6 3
saoueunne 'wnd •ales
aeeie0 ap!M gDJnNJ 'OLL9L
Plys u W'J O eag eIQQad FLOI
lli
;o s+oJ'SA04'ssad4yolD soua p
-I!4D:u,,ny'ales 6u!noW'E909L
0P19L 5LL9L COOL 1£09L
PEL9L O119L £909L IMO9L
SIGNED (-)10_,(A .731-)1 .CIPJ-k-g-A.,0-�
lU
1BS CRIBED AND SWORN TO BEFORE ME , THIS THE DAY OF F BBRUARYA, 1995
NOTARY PUBLIC
— --4 g , i .../4141 '71
TNT COUNTY , TEXAS
� R• -0,,, Nartcy Ann Fierraa et,8 •
5• Commission Expires
r�:
!. .;,, December 14, 1998 e
cav Fly �p ,n` _�N, p
�C;Ei,
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
REMIT TO : 400 W . SEVENTH , FW , TX 76102
REMIT
Fort Worth Star-TelegramX
ACCOUNT AMOUNT
3126820 NUMBER CIT57 DUE 34 . 76
PAGE )F 1
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 34 . 76
SOUTHLAKE TX 76092-9595 THIS AMOUNT PP—
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tort Worth atar=Telegram
400 W.SEVENTH STREET•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 DAWN M. RIVERA 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 1 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
JAN 22 3115797 CL- , 358 1X74 L 74 . 75 55. 50
JAN 2P
P . O . +"T ORD 480-163
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
N TO ALL INTERESTED
E R SONS that the C l t y Cou n-
GII of the City of Southlake,
Texas,will be holding a public
hearing djring the Regular
City Council meetlng_to be
held on February 7'1995,be-
I glnning a17:00 p.m.i hemeet-, •
Ing will be held In the City
Council Chambers of City
Hall,667 North Carroll Ave-
nue, Southlake, Texas. The
purpose of the publ lc hearing / i
Is to consider thefoilowingor- S I G N E) / .,---4.4 jeks,.....
dlnance:
IBS RIBED AMID St OR UTHL EN/OE4X0AS = ME , T -IIS THE 23R, CITY OF D DAY OF J ARY, 1995
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480, NOTARY PUBLIC 4,44AilLPS AMENDED THE COM-
PREHENSIVEtONINGOR-
DINANCE OF THE CITY OF
G°RANTINGEA ZONINSG TARRANT COUNTY, TEXA
CHANGE ON A CERTAIN
itR AC I U R TRACTS QF er�ycd,.+y�k,e >,,,•y� y,�yg„�
ND WITHIN THE CITY
SOUTHLAKE TEXAS A�
IN 6.0ACRE�SITUAT- - r 1;j I( RIt�� I�
DINTHET.M.HOODSVR- ri';':icr::FFICE
VEY ABSTRACT NO. 706 *N ('i fl �i(in C4 �yJs i {V EX lfilI TRACTS 2A1, AND MORE' S.'S Jo CI FULLY AND COMPLETE-S�Cl. 3 A r YCULURAOLNTO GSF--11A" �eT ,��iJ
LYDESCRIBEDINEXHIB- Pl}
SINGLE-FAMILY RESI-
DENTIAL DISTRICT SUB-'
-TEAR I THHETSPOECIFICPREiu1RE-ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
MENTS CONTAIN D IN
THIS
ORDINANCE.
COR-
RECTINGIIL
ZONING MAP- PRESERV-
INGALLTHEII2 PORTIONS
OF THE ZONING ORDI-
NANCE; DETERMINING REMI • • 11 SFVFNTH, FId, TX 7E,1.n2
THAT THE PUBLIC INTER- \
Fort worth EST MORALS AND GEN-
MENT WELFARE DE- REMIT TO: ► P.O. BOX 901051 •FORT WORTH,TEXAS 76101-2051
MAND THE ZONING
CHANGES AND AMEND-
MENTS XXXXXX XXXXXXXXXXX
MENTS HEREIN MADE
PROVIDING THAT THIS ACCOUNT AMOUNT
ORDINANCE SHALL BE NUMBER CIT57 DUE 55. 50
3115797 CUMULATIVE OF ALL OR-
DINANCES-PROVIDING A
PROVIDINGIFORCAA
PEN-
ALTY FOR VIOLATIONS
HEREOF; PROVIDING A ]f)I I
SAVINGS CLAUSE• PRO-
VIDING FOR PUBLICA-
TION IN THE OFFICIAL
V DING ANREFFECT VE
DATE.
City of Southlake,Texas
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE \
667 N CARROLL AVE PLEASE PAY ► 55. 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED