480-528 CITY OF SOUTHLAKE, TEXAS 3F FICIAL RECORD
ORDINANCE NO. 480-528
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 A PORTION OF TRACTS 2A, 2B1, AND 3A,
SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049,
BEING APPROXIMATELY 1.746 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-
PUD" NON - RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT TO "AG" AGRICULTURAL 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 "NR -PUD" Non - Residential
Planned Unit Development 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 a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey,
Abstract No. 1049, being approximately 1.746 acres, and more fully and
completely described in Exhibit "A" from "NR -PUD" Non - Residential Planned
Unit Development District to "AG" Agricultural 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, 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 141 day of IIj LW , 2007.
C_____ 1. 46 a
MAYOR
ATTEST:
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B J
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CITY SECRET _ Y ^
PASSED AND APPROVED on the 2nd reading the 11 day of OI , 2007.
ea 0
MAY R
ATTEST:
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CIT SECRETA _
APPROVED • TO FORM AND LEGALITY:
II
1 `
CITY - TTORNEY
DATE: 10
ADOPTED: g•21 -07
EFFECTIVE: 3.24-07
EXHIBIT "A"
Being a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey, Abstract No. 1049,
being approximately 1.746 acres (Shown as Parcel "F" in Exhibit "B" attached hereto).
1.746 ACRE PARCEL
THOMAS MAHAN SURVEY, ABSTRACT NO, 1:049
CITY OF SOUTh!LAKE, TARRANT COUNTY, TEXAS
BEING a trail of and situated In the Thomas Mahan Survey, Abstract No. 1049, In the City of Soutldake. Tarrant
County, Texas,'end bed a pant of the 188.766 acre tract of land described in a deed to Westerns Soul L,P.,
recorded In Volume 12815, Page 339 of the Deed Rocads of Tarrant County. Texas, end being more particularly
described.by mates and bounds.as folows;
BEGINNING at a 5I8 -inch iron rod with 1(HA" cap found for the southwest comer of the 1.806 acre tract of land
described in deed to Linda Carter, recorded in Volume 9699, Page 1114 of the Deed Records of Tarrant County, Texas,
the same being a northerly comer of the beforemertioned 188.758 acre trail, rand being in the east line of a 24.927
an tract of lend described In deed to Carroll Independent School District, recorded in Volume 12978, page 72 of the
Deed Records of Tarrant County, Texas;
THENCE with the southerly line of the said 1.806 acre tract of land, South 89°3534' East, a distance of 80.01 feet to a
518 -inch Iron rod with "KHA' cap set for comer, from which a 1 -inch Iran pipe found for the notthweet comer of Lot 2
of HANNAH ADDITION. an addition to the City of Soulhlake, Tarrant County, Texas, according to the plat thereof
recorded in Volume 388 -202, Page 71 of the Deed Recorded of Tarrant County. Texas South 86'36'34" East, a
dstance of 28633 feet;
•
THENCE leaving the. southerly Una of the 1.806 acre tract and across the 188.758 acre tract, the following courses and
distances to wit:
-South 00'2935" Easy a dstance of 879.99 feet to a 5/8 -inch iron rod with 'KHA" cap set for the beginning
of a non - tangent curve 10 the left;
— Northwesterly, with the curve to the Ieft, through a central angle of 15"42'42 ", having a radius *11130.00 feet.
a chord bearing and distance of North 65'2617" Weak 308.90 feet, an arc distance of 30887 feet to a 5/8-
inch iron rod % th " 1a-WA" cap set for ostler in the southeaty line of 11% 24.927 acre trail;
THENCE with the said southerly ins of the 24.927 acre tract, Nab 86'35'33" East. a distance 01 189116 feet to a 1 - rich
Iron pipe found . for the southeasterly corner of the 24.927 acre tract
THENCE with the easterly line of the 24.927 acre tract. North 00'29'35' West. a &dance of 75036 to the POINT
OFBEGINNNG and containing 1.748 acres (78.073 square feet) of land.
Clearing system based upon the ooncrate mornunents found along State Highway No. 114, recorded In Volume 13872.
Page 28 of the Deed Records of Tarrant County, Texas.
.
EXHIBIT A„ ....\1
1.746 ACRE PARCEL
THOMAS MAHAN SURVEY, ABSTRACT NO. 1049
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
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INVOICE Draft
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 287655151
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 8/14/07
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 8/31/07
Bill To: PO Number: no po
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 28765515
STE 440 Sales Rep: 005
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn BELINDA WILLIS Publication Date: 8/14/07
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I3580 I I 2() 120 LINE $0.00
Net Amount: $0.00
RECEIVED
AUG 3 0 2007 CEIV
I �
OFFICE OF CI'Y SECRETARY AUG 2 9 "IOOf
'`44.i.. CHRISTY L.HOL.An,,
. • MY COMMISSION E:r _•
THE STATE OF TEXAS f July 31,2008
1„County of Tarrant I t
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 t bove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,Augus 17,
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: 287655151
Invoice Amount: $0.00
PO Number: no po
Amount Enclosed: $ I
. !•
Legal Notices
CITY OF SOUTH-
LAKE
Notice is hereby given
by the City Council
' of the City of
Southlake, Texas,
that a public hearing
will be held on Au-
gust 21,2007,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,l
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 480-528
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 A
PORTION OF
TRACTS 2A, 261,
AND 3A, SITUATED
IN THE T. MAHAN
SURVEY, AB-
STRACT NO. 1049,
BEING APPROXI-
MATELY 2.24 • -11�-j R:
ACRES, AND MORE
FULLY AND COM-PLETELY DE-
(}
SCRIBED IN EXHIBIT AUG 2 9 10C
"A" FROM "NR-
PUD" NON-RESI-
DENTIAL PLANNED
UNIT DEVELOP-
MENT DISTRICT TO 1—\/• - -
"AG" AGRICULTUR-
AL _ -
DISTRICT, SUB-
JECT TO THE SPE-
CIFIC 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.
City of Southlake
Lori Payne
City Secretary _I