480-410a
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-410a
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 3A, AND A PORTION OF TRACT 3J, R.
EADS SURVEY ABSTRACT NO.481, LOT 2 GREENWAY
CARROLL ADDITION, LOT 1, BLOCK 12 & A PORTION OF LOT
6, BLOCK 3112, SOUTHLAKE TOWN SQUARE PHASE IV., AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "C-3" GENERAL COMMERCIAL DISTRICT TO "DT"
DOWNTOWN 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 "C-3" General
Commercial 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:
Tracts 3A, and a portion of Tract 3J, R. Eads Survey Abstract No.481, Lot 2
Greenway Carroll Addition, Lot 1, Block 12 & a portion of Lot 6, Block 3r2,
Southlake Town Square Phase IV., and more fully and completely described
in exhibit "A" from "C-3" general commercial district to "DT" downtown
district. Approval subject to the following specific conditions:
1) The City will retain 0.44 acres of open space with location to be
determined later;
2) Requiring a schematic for the open space to be brought before
Council prior to the final approval of the block north of the
Brownstones;
3) Requiring the open space north of the Brownstones to be open to the
public.
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 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 19th day of June, 2007.
MAYOR
ATTEST:
Aoh'T CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 17th day of July, 2007.
AYO R
ATTEST:
Jnq CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
--I .
- ria CITY A TORNEY
DATE: 1 2D
ADOPTED: 1-17.07
EFFECTIVE: 1-20-07
EXHIBIT "A"
Tracts 3A, and a portion of Tract 3J, R. Eads Survey Abstract No.481, Lot 2
Greenway Carroll Addition, Lot 1, Block 12 & a portion of Lot 6, Block 3r2,
Southlake Town Square Phase IV., and more fully and completely described
in exhibit "A" from "C-3" general commercial district to "DT" downtown
district.
BEGINNING at a found 5/8 inch iron rod in the south right-of-way line of State Highway :114
(Northwest Parkway) (a 200 foot R.O.W.), said point being the southeast corner of a tract of land,
conveyed to Greenway-Carroll Road Partners, recorded in Volume 11445, Page 1627, Deed Records,
Tarrant County, Texas, said point also being the most northerly, northeast comer of Fechtel tact; •
THENCE South 47156'15" East, along said south right-of-way line, a distance of 171.70 feet to a
Texas Highway Department monument found for corner, said point being the point of curvature of a
curve to the left, having a delta of 17126'51", a radius of 5,839.58 feet and a chord bearing and
distance of South 56°39'41" East, 1,771.38 feet;
THENCE southeasterly, continuing along said south right-of-way line and along the are of said curve
to the left, a distance of 1,778.25 feet to a 1/2 inch iron rod with cap found for corner said point being
the northeast corner of said Peterka tract and the northwest corner of a twenty foot strip of land,
conveyed to Diamond Shamrock Corp., recorded in Volume 6812, Page 2108, Deed Records, Tarrant
County, Texas;
THENCE South 00101'16" East, leaving said south right-of-way line and along the east line of said
Peterka tract and the west line of said Diamond Shamrock tract, a distance of 1,517.13 feet to a 1/2
inch iron rod with cap found for comer in the north right-of-way line of Southlake Boulevard (F.M.
1709) (a 130 foot R.O.W.), said point also being the southeast comer of said Peterka tract and the
southwest comer of said Diamond Shamrock tract;
THENCE North 89°3955" West, along said north right-of-way line, a distance of 820.00 feet to a 1/2
inch iron rod with cap found for corner;
THENCE North 88°55'18" West, continuing along said north right-of-way line, a distance of 505.52
feet to a 5/8 inch iron rod found for comer, said point being the southwest corner of said Peterka tract
and the southeast comer of said Fechtei tract;
THENCE North 8$°54'16" West, continuing along said north right-of-way line, a distance of 1,261.13
feet to a 5/8 inch iron rod founds for comer, said point being the southwest comer of said Fechtel tract,
said point also being the intersection of the north right-of-way line of said Southlake Boulevard and the
east right-of-way line of North Carroll Avenue (a variable width R.O.W.);
THENCI North 000 11'06" West, along said east right-of-way line, a distance of 987.22 feet to a point
for corner;
_ EXHIBIT "A"
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+i4ar-Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
INVOICE
IZECENED
Aug_�V,
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 106
THE STATE OF TEXAS
County of Tarrant
Drab Only
Customer ID:
CIT57
Invoice Number:
286689181
Invoice Date:
7/21/07
Terms:
Net due in 21 days
Due Date:
7/31/07
PO Number:
PD W/MC
Order Number:
28668918
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
7/21/07
106 LINE $0.81 $85.86
Net Amount:
°Y&CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
$85.86
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
Signe
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Ti
Notan
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: 286689181
Invoice Amount: $85.86
PO Number: PD W/MC
Amount Enclosed:
CITY OF
SOUTHLAKE
ORDINANCE
NO. 480-410a
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
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
TRACTS 3A, AND A
PORTION OF TRACT
3J, R. EADS SURVEY
ABSTRACT NO.481,
LOT 2 GREENWAY
CARROLL ADDI-
TION, LOT 1, BLOCK
12 & A PORTION OF
LOT 6, BLOCK 3112,
SOUTHLAKE TOWN
SQUARE PHASE IV.,
AND MORE FULLY
AND COMPLETELY
DESCRIBED IN EX-
HIBIT "A" FROM "C-
3" GENERAL COM-
MERCIAL DISTRICT
TO "DT" DOWN-
TOWN DISTRICT,
SUBJECT TO THE
SPECIFIC REQUIRE-
MENTS CONTAINED
IN THIS ORDI-
NANCE; CORRECT-
ING THE OFFICIAL
ZONING MAP; PRE-
SERVING ALL OTH-
ER PORTIONS OF
THE ZONING ORDI-
NANCE; DETERMIN-
ING THAT THE
PUBLIC INTEREST,
MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER -
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
PASSED AND AP-
PROVED THIS THE
17th DAY OF JULY,
2007, DURING THE
REGULAR CITY
COUNCIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
INVOICE
Dratt Only
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
f �` L
J U L 1 0 2007
Bill To: CITY OF SOUTHLAKE OFFICE OF CITY SECRET (�v
1400 MAIN ST fCC r1(C 1
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
Customer ID: CIT57
Invoice Number: 285849321
Invoice Date: 6/29/07
Terms:
Net due in 21 days
Due Date:
6/30/07
PO Number:
PD W/CC
Order Number:
28584932
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
6/29/07
CITY OF SOUTH-
CARROLL ADDI-
LegalNoticesCITY
OF,'
LAKE
Notice is hereby given:
TION, LOT 1, BLOCK-
12 & A PORTION oF> 120 120 LINE $0.81 $97.20
by the City Council
LOT 6, BLOCK 3R2, with or who resists
of the City of
SOUTHLAKE TOWN the enforcement of
Southlake, Texas,
SQUARE PHASE IV.; any of the provisions
that a public hearing
AND MORE FULLY of this ordinance
will be held on July
AND COMPLETELY shall be fined not
17, 2007, at 5:00 P.M.
DESCRIBED IN EX- more than Two
or immediately fol-
HIBIT "A" FROM "C- Thousand Dollars
Net Amount: $97.20
lowing the Work
Session, during thel
3" GENERAL COM-', ($2,000.00) for each
MERCIAL DISTRICT offense. Each day
Regular City Council,
TO "DT" DOWN- that a violation is
meeting to be held
TOWN DISTRICT, permitted to exist
in the City Council
SUBJECT TO THE shall constitute a
Chambers of Town
SPECIFIC REQUIRE- separate offense.
Hall, 1400 Main
MENTS CONTAINED City of Southlake
Street, Southlake,
IN THIS ORDI- Lori Payne
Texas. Purpose of
NANCE; CORRECT- City Secretary -
the public hearing is
ING ,THE' OFFICIAL
to consider the sec-
ond reading of the
ZONING MAP; PRE- - --'- -—
SERVING ALL OTH- i.��.i�,�'�7�...�l
following ordinance:
@/ JLd�
ER PORTIONS OF
ORDINANCE
THE ZONING ORDI-
NO. 480-410a
ORDINANCE
NANCE; DETERMip JUL - ZOO7
ING THAT THE
AN
AMENDING ORDI-
- J
PUBLIC INTEREST,
NANCE NO. 480, As
MORALS AND
AMENDED, THE
GENERAL WELFARE
COMPREHENSIVE
-DEMAND THE ZON-
ZONING "DI-
ING CHANGES AND -
NANCE OF THE CITY
--�-- -- ------_-
AMENDMENTS
OF SOUTHLAKE,
TEXAS; GRANTING
HEREIN MADE;.Y .
PROVIDING THAT
A ZONING CHANGE
THIS ORDINANCE •r�,• CHRISTY L. HOLLAND
A CERTAIN
BE CUMU-
ON
TRACT OR TRACTS
OF LAND WITHIN
SHALL MY COMMISSION EXPIRES
LATIVE OF ALL
ORDINANCES; PRO- ',��..,..'t;�= JUIy31,2008
THE CITY OF
VIDING A SEVER-
SOUTHLAKE, TEX-
ABILITY CLAUSE; w
THE ST/
AS BEING LEGALLY
PROVIDING FOR A
DESCRIBED AS
.
PENALTY FOR VIO-
County o
3O� AND
IONS SAV-
PROVID
PORTIONACTS
PROVIDING A
3J, R. EADS SURVEY
INGS CLAUSE •
Before m
ABSTRACT NO.481,
LOT_ 2'GREENWAY
PROVIDING Fol
PUBLICATION IN I State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator
, � --`-�- -
THE OFFICIAL
for the Star
-Telegram, publishe
NEWSDING R, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
that the
attached clipping oi
AN
PROVsay DATE. 3 published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR
SECTION
TELEGRAM
Any person, firm or
7501
corporation who vi-
(817) 390
olates, disobeys,
omits, .neglects or
refuseto comply
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary
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: 285849321
Invoice Amount: $97.20
PO Number: PD W/CC
Amount Enclosed: