480-407CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-407
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 1, 2, &3, AKARD
ADDITION AND TRACTS 3C2 & 3C2A SITUATED IN THE
W. R. EAVES SURVEY, ABSTRACT NO. 500, AND BEING
APPROXIMATELY 5.855 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S-P-2" GENERALIZED
SITE PLAN DISTRICT WITH "O-1" OFFICE DISTRICT
USES 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
Page 1
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
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 irarnediate 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
Page 2
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 1,2, &3, Akard Addition, an addition to the City of Southlake, Tan'ant
County, Texas, according to the plat recorded in Volume 388-42, Page 100, Plat
Records, Tarrant County, Texas, and Tracts 3C2 & 3C2A situated in the W. R. Eaves
Page 3
Survey, Abstract No. 500, and being approximately 5.855 acres, and more fully and
completely described in Exhibit "A" from "AG" Agricultural District to "S-P-2"
Generalized Site Plan District with "O-1" Office District uses as depicted on the
approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and
subject to the specific conditions established in the motion of the City Council and
auached hereto and incorporated herein as Exhibit "C.".
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake. Texas, to reflect the heroin 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 heroin 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
Page 4
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 enlbrcement 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
pernfitted 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.
Page 5
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 ti~ne 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 5th day of November, 2002.
MAYOR
ATTEST:
CITY SECRETARY
Page 6
PASSED AND APPROVED on the 2nd reading the 19th day of November, 2002.
APPROVED AS TO FORM AND LEGALITY:
CITY ATTOR~E~.~
DATE: rl-1 / - o :7
ADOPTED: l l- Iq-OX
EFFECTIVE: [ [- ~ ~ ~O ~
ATTEST:
CITY SECRETARY
Page 7
EXHIBIT "A"
Being Tracts 1, 2, &3, Akard Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plat recorded in Volume 388-42, Page 100, Plat Records, Tarrant County, Texas,
and Tracts 3C2 & 3C2A situated in the W. R. Eaves Survey, Abstract No. 500, and being
approximately 5.855 acres.
LEGAL DESCRIPTION
PEYTON¥1LLE PARK ADDITION
LOT 1, BLOCK 1
Being a 5.855 sclc tract of land out of the W.R Eaves Survey, Abstract No. 500, as
~ecorded to xxx. as recorded in Volume xxx. Page xxx. of the Deed Records Tan'ant
Coumy. Texas and is more particularly desc~ ibed by metes and bounds as follows:
BEGINNING at a found ~ inch d-on rod at the southeast comer of Lot 6, W.R. Eaves No.
500. Addition. an addition to the City of Southlake, Texas as shown by plat recorded in
Cabinet A. Slide 5834. of the plat records Tan'ant County, Texas;
THENCE North 89 degrees 27 minutes 58 seconds East, a distance of 12.31 feet to a set
% tach iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer;
THENCE Somh 00 degrees 51 minutes 24 secnnds West, a distance of 209.82 feet to a
set ½ inch iron rod with yello,;,, plastic cap s~amped "Halff Assoc. Inc." fei- corner:
]'HENCE South 89 degrees 30 minnies 24 seconds West, a distance of 18.00 feet to a set
½ inch iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer;
THENCE South 00 degrees 52 minutes 01 seconds West, a distance of 417.37 feet to a
set ~/2 inch iron rod with yellow plastic cap st'~tmped "Halff Assoc. Inc." fei' comer;
THENCE South 89 degrees 23 minutes 08 seconds West, a distance of 400.42 feet to a
set !×2 tach iron rod with yellow plastic cap stamped "Halff Assoc. Inc." for comer;
THENCE North 00 degrees 50 minutes 09 seconds East. a distance of 627.73 feet to a set
% tach ~ron rod with yellow plastic cap stampecl "Hal fl Assoc. Inc." for comer;
THENCE North 89 degrees 27 minutes 5S seconds East continuing, a distance of 406.40
['eel to 'File POINT OF BEGENrNLNG AND CONTAINING 5.855 acres or 255,042
square feet of land more or less.
Page 8
EXHIBIT "B"
Page 9
EXHIBIT "C"
City of Southlake
CITY COUNCIL MEETING
November 19, 2002
Motion was made to approve Ordinance No. 480-407, 2 Reading, as approved on first reading and
stated that Council is aware that the current Land Use Plan calls for Medium Density Residential but
stated the approval of S-P-2 with O~ 1 uses is justified due to local economic conditions.
Motion: Standerfer
Second: Potter
Ayes: Potter, Stephen, Morris, Standerfer, Evans
Nays: none
Approved: 5-0
City of Southlake
CITY COUNCIL MEETING
November 5, 2002
Motion was made to approve Ordinance No. 480-407, l~t Reading, amending the zoning to S-P-2
Generalized Site Plan District with O-1 Office District uses; tying the concept plan to the zoning;
including an 8' masonry wall as approved by P&Z; and eliminating four parking spaces from the
southwest corner at a location to be agreed upon by Mr. Christiansen and Mr. Garza.
Motion:
Second:
Ayes:
Nays:
Approved:
Standerfer
Evans
MonSs, Standerfer, Stephen, Evans, Shankland, Stacy
none
6-0
REGULAR PLANNING AND ZONING
COMMISSION MEETING
October 17, 2002
Motion was tnade to approve ZA02-076, subject to Concept Plan Review Summary No. 3, dated
October 11,2002, stipulating that the southern border of the property have an 8' masonry wall and
prior to the City Council meeting to be held November 5, 2002, CISD is re-notified.
Motion: Standley
Second: Willimns
Ayes: Faglie, Boren, Standley, Williams, Terrell
Nays: None
Approved: 5-0
Motion carried.
Page 10
INVOICE
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 221411531
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/22/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/02
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22141153
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 11/22/02
Description Location Col. Depth Linage MU Rate Amount
CITY OF CI L'Y,,,KEF?jai- KAS ORDIN 13580 1 109 109 LINE $6.63 $722.67
ORDINANCE NO.
480-407
AN ORDINANCE
Sales Dis, AMENDING ORDI- ($634.38)
NANCE NO. 480 AS
AMENDED THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITYK
TTOEXASS GURANTIETINGr
A ZONING CHANGE Net Amount: $88.29
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
TRACTS 1ADDITION
AND TRACTS 3C2& D
3C2A SITUATED IN
THE W.R. EAVES
SURVEY, AB ECEHE
-
STRACT NO. 500,
PROXIIMATELY
Iui
'
5.855 ACRES AND _ DC� O �O
M R FULLII AND L
C TELY DE-
A"RFR Ir"EXHIBIT
02
RICUL URAL DI - r
TRITHE Si ASFCITDEPIC DISTRICT
ON OFFICE OF CITY SECRETARY
THE APPROVED
County CONCEPT PLAN
ATTACHED HERETO
AND INCORPORAT-
ED Before I HIBIT "B",
SUBN JECXT Ind for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the R°Q U I R E M E NI TIs d by the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas-and who, after being duly sworn, did depose and say
that the ORDgrraNCOR advertisement was published in the bove named paper on the listed dates: BIDS at LEGALS DEPT. STAR TELEGRAM
(817) : ALL OTHER
THE OR- �
FICIALNIG ZONING I �`��� �
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE Signed
ZONING ORDI-
NANCE; DETER-
SUBSCI PUBLIC NTEREST.O BEFORE ME, THIS Saturday,Novem r23 2002.
MORALS AND GEN-
ERAL ' /�
ERAL WELFARE 'v/vy
DEMAND THE ZON-
ING CHANGES AND Notary Public /
AMENDMENTS
HEREIN MADE
PROVIDING THAT ,z.sgom�
THIS ORDINANCE CHRISTY L.HOLLAND
SHALL BE CUALL try;,
LATIVE OF ALL Yn
ORDINANCES;
p ,. 1.@ MY COMMISSION EXPIRES Thank ERABILITY CLAUSE; Payment
�•�(i'
PROVIDING FOR A .-ti,;�
———— PENALTY FOR VIO-- �JLY�I..ZOO/l__
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
Remit PROVIDINGRANAEF--am Customer ID: CIT57
FECTIVE DATE.
SECTION 7.
01051 Customer Name: CITY OF SOUTHLAKE
Any person, firm or
corporation who vio-
altneget disobeys,r refusese RTH, TX 76101-2051 Invoice Number: 221411531
comply with or who
resists the enforce-
ment of any of the Invoice Amount: $88.29
provisions of this or-
dinance shall be fined
not more than Two PO Number:
Thousand Dollars
($2,000.00) for each $ I
Afense.
PSSED AND AP- Amount Enclosed:
PROVED THIS THE
19th DAY OF NO-
VEMBER, 2002,
DURING THE REG-
C ILL MEETING OUN-
MAYOR: Rick Stacy
ATTEST: Lon Fµrwell,
City Secretary
APPROVED".AS rTO
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 220880041
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 11/8/02
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/02
Bill To:
PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22088004
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 11/8/02
�i a, ip4 cat o Co'0 De Linage MU Rat I1 i "
NOTICE NOTICEEOOFFINUBLIC ING Notic I3580 1 120 120 LINE $6.63 $795.60
HNotice is hereby given
by the City Council of
Sales Dis Texts the?°:tpua ($698.40)
hearing will be held
on November 19,
2002, at 6:00 p.m or
immediately following
the Work Session,
during the Regular
City Council Meeting Net Amount: $97.20
to be held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.
Purpose of the public
hearing is to consider thhe sefcoow ire nogrd i- � t F
M
Hance: U
ORDINANCE NO.
480-407
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS 1. 2��2
COMPREHENSIVE C
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
GRANTING
AO TEXAS,
CHANGEERTAIN OFFICE OFCITYSECRETARY
TRACT OR TRACTS
THE S1 OF LAND WITHIN
TF
County SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
Before TRACTS ADDITION1, 2 &3 day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
AND TRACTS & nd for said Countyand State,this
for the 3C2A SITUATED IN I by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say
that the SURVEY,R. A EAVES advertisement was published in the above named paper oQ the listed dates: BIDS a LEGALS DEPT. STAR TELEGRAM
(81 7) ' AND C BEING AP-
PROXIMATELY
MORE ACRES,
AND
&Al-\,k) &i\CA/0 N-
COMPLETELY DE-
SCRIBED Signed
IN EXHIBIT
SUBSCI RICULT A OUR LG DIS-
TRICT TO "0-1 BEFORE ME, THIS Friday,Nove 1 2002.
AOSFIDEPICTIEDRON •
/,''
THE APPROVED Notts Public
I ATTACHED HERETO Notary "C/'�
AND INCORPORAT-
j ED HEREIN AS EX-
HIBIT "B", SUBJECT " E �M'r'erll
I TO THE SPECIFIC �. ° CHRISTY L.HOLLAND
REQUIREMENTS
ThankCONTAINED IN THIS ayment � MY COMMISSION EXPIRES
ORDINANCE; COR-
F-
FICIALNG THE
JULY 31 20a4
"— ——! MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MINING THAT THE
PUBLIC INTEREST,
Remit r MORALS WELFAREnI Customer ID: CIT57
[3_=.af,AAD THE ZO,4'--
I/VGA M E o C"AM E NAT S 70105 1 Customer Name: CITY OF SOUTHLAKE
HEREIN MADE_
M.V. 76101-2051 Invoice Number: 220880041
SHALL
V B npCUMU-
igiAL:r't'cd' S�` Invoice Amount: $97.20
ERABILITY CLAUSE•
PENNAL�V FOR VIC
PROVIDING ARsAV- PO Number:
PROVIDINGCLA FOB �j
PUBLICATION Amount Enclosed: 11
THINE PERFFICIAL
PROVIDING AN E FECTIVE DATE
car Person w ern or
lat Sorafion who vio-
neglectn°begs,omits.