480-538fi y:.. 'E MR
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -538
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 TRACT 1,
SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18,
BEING APPROXIMATELY 13.11 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "CS COMMUNITY SERVICE
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
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 Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being
approximately 13.11 acres, and more fully and completely described in
exhibit "A" from "AG" Agricultural District to "CS" Community Service
District as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit "B," and subject to the following conditions:
Site Plan Review Summary No. 3, dated November 12, 2007:
a. The following changes are needed with regard to labeling:
i. Provide the name and address of owner on the plan.
ii. Show and label the front, rear, & side building lines.
iii. Label the R.O.W. width for Johnson Street. Label the width and
pavement type of the existing roadway.
b. The following changes are needed with regard to bufferyards and
interior landscaping:
i. Label the bufferyard along the south boundary line (10' - Type
).
ii. Provide the Bufferyard Calculation chart on the site plan.
c. The following changes are needed with regard to driveways:
i. Label the width and correctly label the stacking depth for the
proposed drive. Staff measures ±85 from the new R.O.W. limit.
ii. Label the distances from the proposed driveway centerline to
the nearest existing driveway centerlines off -site in both
directions of the site. The proposed drive must be at least 150'
from the nearest drive in either direction. ,
iii. Show and label all existing driveways on adjacent properties
and across adjoining rights -of -way.
d. Please consider the distance playground equipment is from the
existing trees and that all state and national playground safety
regulations are met. If a small retention wall is constructed to encase
the playground area that inhabits seven (7) large existing trees, please
ensure that the area drains properly and that the playground fall zone
material will not be placed or accumulate within the critical root zone
area of the existing trees.
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 B.
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 4th day of December, 2007.
MAYOR
ATTEST:
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CITY SECRETAR
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PASSED AND APPROVED on the 2nd reading the 18th day of December, 2007.
MAYOR
ATTEST:
APPROVED TO FO M AND LEGALITY:
CITY ATTORNEY
DATE: � / 1pt
A DOPTED: 1. i 0
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CITY SECRET.
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EFFECTIVEJ -91-07
EXHIBIT "A"
Being Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately
13.11 acres:
BEING a 13.164 acre tract of land in the J.G. ALLEN SURVEY, ABSTRACT NO. 18, situated in the City of
Southiake, Tarrant County, Texas, and being. that certain tract of land as described in Dead to Royal E.
Smith, Jr., as recorded in Volume 6481, Page 15 of the Deed Records of Tarrant County, Texas, and being
more particularly described as follows:
BEGINNING at a PK nail set in Johnson Road (right -of -way varies, County Road No. 4091), and being the
Northwest corner of said Smith Tract and being by deed call 1440.90feet from the Northwest corner of said
Allen Survey;
THENCE South 89 degrees 59 minutes 38 seconds East, along the North fine of said Allen Survey and the
North line of said Smith Tract, 433.47 feet to a PK nail set;
THENCE South 00 degrees 16 minutes 00 seconds East, along the.Fast line of said Smith Tract at 10.80
feet passing a 112 inch iron pin found in the West line of that certain tract of land as described in Deed to
George Ausley and at 967.83 feet passing a 1/2 inch iron pin found at the Southwest corner of that certain
tract of land as described in Deed to Sylvia Helton as recorded in Volume 12142, Page 253, D.R.T.C.T., and
being the Northwest corner of that certain tract of land as described in Deed to Paul Miller, Jr., as recorded
in Volume 9151, Page 2041, D.R.T.C.T., and continuing in all 1317.90 feet to a 1/2 inch iron pin found at
the Southeast corner of said Smith Tract, and being in the North line of that certain tract of land as described
in Deed to Johnnie Brumbalow as recorded in Volume 8850, Page 632, D.R.T.C.T.;
THENCE South 89 degrees 22 minutes 24 seconds West, along the South line of said Smith Tract, 435.20
feet to a 1/2 inch iron pin found at the Southwest corner of said Smith Tract and being in the East line of
that certain tract of land as described in Deed to the Keller ISD, as recorded in Volume 5641, Page 499,
D.R.T.C.T.;
THENCE North 00 degrees 11 minutes 30 seconds West, along the West line of said Smith Tract and the
East line of said Keller ISD Tract, at 1298.82 feet passing a 3/4 inch iron pin found and containing in all
1322.70feet to the POINT OF BEGINNING and containing 573443square feet or 13.164 acres of land, more
or less, of which 0.173 acres is contained within the right -of -way of Johnson Road.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND /OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
EXHIBIT "B"
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INVOICE W ',
Star-telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 292006051
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 12/9/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 29200605
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Dates: 12/8/07 - 12/9/07
Attn Attn: ACCOUNTS PAYABLE
Description Location Col Depth Linage MU RateAmount
CITY OF SOUTHLAKE Notice is he 13'i80 1 122 122 LINI=. $3.97 $969.74
Sales Discount ($880.92)
Misc Fee $10.00
Net Amount: $98.82
'1( CHRISTY L HOLLAND
1 MY COMMISSION EXPIRES JA N 2 100E
?f/�r 3.'de July 31,2009
THE STATE OF TEXAS --— _
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the 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
attached clipping of an advertisement was published in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed v
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,De m r 2007.
Notary Public
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 292006051
Invoice Amount: $98.82
PO Number: no po
Amount Enclosed: $ I
RECEIVED
JAr� - 7 2008
OFFICE OF C1 TY SECRETARY
' Legal Notices Legal Notices .
ing the Regular City omits, neglects or
Council meeting to refuses to comply
be held in the City with or who resists
Council Chambers of the enforcement of
Town Hall, 1400 any of the provisions
lake,Texas. Purposethis Street, South- of
shall be fined ordinance not
if s tto publiche nsiderarthing ce Thousand more than Two
Dollars
second reading of ($2,000.00) for each
the following ordi- offense. Each day
Hance: that a violation is
ORDINANCE NO.480- permitted
ed constitute 1st
538
a
AN ORDINANCE separate offense.
AMENDING INORDII-- City of Southlake
NANCE NO. 480, AS Lori Payne
AMENDED, THE City Secretary
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE, TEX-
AS BEING LEGALLY
DESCRIBED AS
TRACT 1,SITUATED
IN THE J.G. ALLEN
SURVEY, AB-
STRACT NO. 18,
BEING APPROXI-
MATELY 13.11
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM "AG"
AGRICULTURAL
DISTRICT TO "CS"
COMMUNITY SER-
VICE DISTRICT, AS
DEPICTED ON THE
APPROVED CON-
CEPT PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT"B",SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING _ _.-
ORDINANCE; DE- R •
y
TERMINING THAT tl.l �,
THE PUBLIC INTER- I
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON- I�n, ,
ING CHANGES AND I
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE r:Y:
SHALL BE CUMU- ---- ---
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
CITY OF SOUTHLAKE INGS CLAUSE;
Notice is hereby given PROVIDING FOR
by the City Council PUBLICATION IN
of the City of THE OFFICIAL
Southlake, Texas, NEWSPAPER; AND
that a public hearing PROVIDING AN EF-
will be held on De- FECTIVE DATE,
cember 18, 2007, at SECTION 7.
5:00 p.m. or imme- Any person, firm or
diately following the corporation who vi-
Work Session, dur- olates, disobeys,
a.CVD•oo °�`