480-197AOFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-197a
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 APPROXIMATELY 3.00 ACRES SITUATED IN JESSE G.
ALLEN SURVEY, ABSTRACT NO. A-18, TRACTS 4A15, 4A16A, AND
4A18, NOW KNOWN AS LOT 9, J. G. ALLEN NO. 18 ADDTION AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"S-P-1" DETAILED SITE PLAN TO ALLOW GYMNASTICS, SWIMMING,
DIVING, DANCE, MARTIAL ARTS INSTRUCTION, ARCHERY RANGE,
AFTER -SCHOOL CARE, SUMMER CAMP PROGRAMS, PRO -SHOP,
AND OTHER RELATED BUSINESSES TO "S-P-1" DETAILED SITE
PLAN TO ALLOW GYMNASTICS, SWIMMING, DIVING, DANCE,
MARTIAL ARTS INSTRUCTION, ARCHERY RANGE, AFTER -SCHOOL
CARE, SUMMER CAMP PROGRAMS, PRO -SHOP, AND OTHER
RELATED BUSINESSES AS DEPICTED UPON THE SITE PLAN
ATTACHEDHERETO AS EXHIBIT "B" AND 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 "S-P-1"
Detailed Site Plan To Allow Gymnastics, Swimming, Diving, Dance, Martial Arts
Instruction, Archery Range, After -School Care, Summer Camp Programs, Pro -Shop,
And Other Related Businesses, 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 approximately a 3.00 acre tract of land situated in the Jesse G.
Allen Survey, Abstract No. A-18, Tracts 4A15, 4A16A, and 4A18, and
more fully and completely described in Exhibit "A" attached hereto and
incorporated herein, from as "S-P-1" Detailed Site Plan To Allow
Gymnastics, Swimming, Diving, Dance, Martial Arts Instruction, Archery
Range, After -School Care, Summer Camp Programs, Pro -Shop, And
Other Related Businesses to "S-P-1" Detailed Site Plan to allow
gymnastics, swimming, diving, dance, martial arts instruction, archery
range, after -school care, summer camp programs, pro -shop, and other
related businesses as depicted on the approved Site Plan attached hereto
and incorporated herein as Exhibit "B" and subject to the following:
1. Subject to Site Plan Review Summary No. 1, dated December 26,
2009 granting the requested variances;
a. Provide bufferyards and a landscape plan in accordance with
the current regulations of Ord 480, Section 40 & 42, as
amended and the Landscape Ordinance No. 544, as amended.
A variance to allow bufferyards as they exist is requested as
part of the "S-P-1" zoning regulations. (Variance Requested and
Granted)
b. A minimum 6' wide multi -use trail is required along the frontage
of Pearson Lane as part of this subdivision. If the trail cannot fit
within the ROW a pedestrian access easement will be required
for any portion extending into the lot boundary. (Variance
Requested and Granted)
c. Show and provide common access easements over the main
driveways shown on the plan connecting the two proposed lots
to S. Pearson Lane.
2. Stipulating that the applicant has agreed to grant the City a ten -foot
pedestrian easement; and further stipulating that once a site plan is
submitted the sidewalk will need to be installed.
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 ?l day of ,
2009.
MAYOR
ATTEST:
Ate. Pan�
CITY SECRETA#Y�''
PASSED AND APPROVED on the 2nd reading the day of ObUlaW,
2009.
MAYOR
ATTEST:
APPROVED TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: ID -D5-ID
ADOPTED: 2.3.04
EFFECTIVE: 2-6 -(fit'
EXHIBIT "A"
Lot 9, J. G. Allen No. 18 Addition, an addition to the City of Southlake, Tarrant County,
Texas.
EXHIBIT "B"
xr7 1
ilt
App.r.
3�a�� tea#Psis -
F
2
E
ki
p
i i lan
s e{s r
s;
#
#
t
I
SP
il#
,t
#
p . /
s�
-
pt FF gt t�
fij
tit
€ jiip
� �
�
";ik
� * 'ti
•F r @ pp
ii is
4�i :i� f �� � ��a #f �
3t
fie)
�e
t a t
e•
t_
!j ao
i
;Fc
$4
xr
f
,ga� ttj�
a
Y
lit
net -- •�
wee
a
9
FO
d
u
O
F
Y
K
NC
�
es�
Wm UULM)
�
.ss•caa
..�
��
fey
t°
tt
Iw
if=`
eee
aa'
-
W �
A ,ad �• �,
to
'Bet 3.KFtAOS)
a, «
m
a
OOar'
a •�
re
a
�`'A
R
F
mr
b
- --
AL•OOf �4.00N
iZLtis 48�. ON)
w
s,�rai AIOSXVHd
VWTM"w=
t INVOICE Preview
_ r
Star -Telegram Customer ID: CIT57
400 W. 7TH STREET RECEIVED Invoice Number: 302878421
FORT WORTH TX 76102
(817) 390-7761 Invoice Date: 2/8/2009
Federal Tax ID 26-2674582 F E 8 2 5 2009 Terms: Net due in 21 days
Due Date: 2/28/2009
Bill To:
O[C�rt �JC �,+ ,� PO Number: no po
CITY OF SOUTHLAKE OFFICE CE f �_CRETARY
1400 MAIN ST Order Number: 30287842
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Dates: 2/6/2009 - 2/8/2009
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO 13580 1 129 129 LINE $0.42 $109.49
Sales Discount ($8.50)
Misc Fee $5.00
FRECEIVED Net Amount: $105.99
Ouf WAKE42009EPARTMENT
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 thrabove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501 _ .'aw i-R,Illi&.
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, February 11, 2009.
Notary
Thank You For Your Payment
—._.__._.---------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
302878421
$105.99
no po
$ I
0.�y�41��i111 tiff/ f/l
v
P p P
3
I
�
y
A
s
CITY OF
SOUTHLAKE
ORDINANCE.
NO. 480-197a
AN ORDINANCE
AMENDING OVDI-
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, BEIN& AP-
PROXIMATELY '3.00
ACRES SITUATED IN
JESSE G. ALLEN
SURVEY, AB-
STRACT NO, A-18,
TRACTS 4A15,
4A16A, AND 4A18,
AND MORE FULLY
AND COMPLETELY
DESCRIBED IN. EX-
HIBIT "A" FROM "S-
P-1" DETAILED SITE
PLAN TO ALLOW
GYMNASTICS,
SWIMMING, DIV-
ING, DANCE, AAAR-
TIAL ARTS IN-
STRUCTION, AR-
CHERY RANGE,
AFTER -SCHOOL
CARE, SUMMER
CAMP PROGRAMS,
PRO -SHOP, AND
OTHER RELATED
BUSINESSES TO. "S-
P-1" DETAILED SITE
PLAN TO ALLOW
GYMNASTICS,
SWIMMING, DIV-
ING, DANCE, MAR-
TIAL ARTS IN-
STRUCTION, �AR-
CHERY RANGE,
A ER -SS
CARE, UMMER
CAMP PROGRAMS,
PRO -SHOP, AND
OTHER RELATED
BUSINESSES • AS
DEPICTED UPON
THE SITE Pf-AN
ATTACHEDHER TO
AS EXHIBIT B"
AND SUBJECT'TO
THE SPECIFIC -RE-
QUIREMENTS qON-
TAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL
PRESERVING ,ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; 'DE-
TFRMINING THAT
=RAL WEL
AND THE
CHANGES
E N D M E
VIDI
Legal Notices
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.
dZection 7. Any person,
firm or corporation
who violates, dis-
obeys, omits, ne-
glects or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this
ordinance shall be
fined not more, than
Two Thousand Dol-
lars ($2,000.00) for
each offense. Each
day that a violation
is permitted to exist
shall constitute a
separate offense. A
PASSED AND P-
PROVED THIS THE
3rd DAY OF FEB-
RUARY, 2009, DUR-
ING THE REGULAR
CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lon Payne,
City Secretary
INVOICE
_Preview
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
pr�iC
Attn Attn: ACCOUNTS PAYABLE
,-Description _ Location
Legal Notices Legal Notices
CITY OF SOU" AND COMPLETELY THIS ORDINANCE
Sales Discount
CITY OF
SOUTHLAKE
Notice is hereby given
- by the City Council
of the City - of
Southlake, Texas,
that a public hearing
will be held on Feb-
ruary 3, 2009, at 5:00
p.m. or immediately
following the Work
Session, during the
Regular City Council
meeting to be held
in the City Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
(,—,,NANCE
f 80-197a
AN )RDINANCE
AMA .NG 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
j OF LAND WITHIN
iTHE CITY OF
SOUTHLAKE, TEX-
AS, BEING AP-
PROXIMATELY 3.00
ACRES SITUATED IN
JESSE G. ALLEN
SURVEY, AB-
STRACT NO. A-18,
TRACTS 4A15,
4A16A, AND' 4A18,
AND MORE FULLY
DESCRIBED IN EX-
HIBIT "A" FROM "S-
P-1" DETAILED SITE
PLAN TO ALLOW
GYMNASTICS,
SWIMMING, DIV-
ING, DANCE, MAR-
TIAL ARTS IN-
STRUCTION, AR-
CHERY RANGE,
AFTER SCHOOL
CARE, SUMMER
CAMP PROGRAMS,
PRO -SHOP, AND
OTHER RELATED
BUSINESSES TO "S-
P-1" DETAILED SITE
PLAN TO ALLOW
GYM N A S T I C S,
SWIMMING, DIV-
ING, DANCE, MAR-
TIAL ARTS IN-
STRUCTION, AR-
CHERY RANGE,
AFTER -SCHOOL
CARE, SUMMER
CAMP PROGRAMS,
PRO -SHOP, AND
OTHER RELATED
BUSINESSES AS
DEPICTED UPON
THE SITE PLAN
ATTACHEDHERETO
AS EXHIBIT B"
AND SUBJECT TO
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS
ORDINANCE* COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING HAT'
THE PUBLIC ITTER-
F_ST MORALS AND
GEPIERAL WELFAREI,
DEMAND THE ZON-
ING CHANGES AND
AMENDMENT S
HEREIN MADE;
PROVIDING THAT
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 bN EF-
FECTIVE DATE.
Section 7. Any person,
firm or corporation
who violates, dis-
obeys, omits, ne-
glects or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this
ordinance shall be
a
a
Lori Payne
City, Secretary
Customer ID: CIT57
Invoice Number: 302616711
Invoice Date: 1/25/2009
Terms:
Net due in 21 days
Due Date:
1/31/2009
PO Number:
PO#20900115-000
Order Number:
30261671
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Dates: 1/23/2009 -1/25/2009
Col Depth Linage MU Rate Amount
1 142 142 LINE $0.42 $120.02
($8.50)
$5.00
Net Amount: $116.52
HARVEY 1H, 211, 3H
Notice is hereby given
that, acting under and pursuant to the te, this day personally
sonally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Ordinances of the>rth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
City of Grand Prairie,
Texas on the 19th ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
day o January, 2009, " ►�flll+�"I
Chesapeake Operat-
ing, Inc. will file with \\\11 ���
the gasinspector
Grana ` �e�aa •P AR/�����
Prairie, an applica
tiontodrP,1n1 omplete • YA(/A•:/,(j
and operate a well
for gas upon prop -Jay, January 30, 2099. .�„ O•Z
Notary
Thank You For Your Payment
-----------------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
'• OF TtO'
CIT57
CITY OF SOUTHLAKE
302616711
$116.52
PO#20900115-000