480-576 CITY OF SOUTHLAKE, TEXAS ;41 r ICIAL RLCORD
ORDINANCE NO. 480 -576
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 2A AND 3C1 SITUATED IN THE LITTLEBERRY
G. HALL SURVEY, ABSTRACT NO. 686, SOUTHLAKE,
TARRANT COUNTY, TEXAS, AND BEING
APPROXIMATELY 6 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "CS" COMMUNITY
SERVICE DISTRICT, AS DEPICTED ON THE APPROVED
SITE 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 uses 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 Tight
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 Tracts 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No.
686, Southlake, Tarrant County, Texas, and being approximately 6 acres and
more fully and completely described in Exhibit "A" from "AG" Agricultural District
as depicted on the approved Site Plan attached hereto and incorporated herein
as Exhibit "B," subject to the following conditions:
1. Subject to Revised Site Plan Review Summary No. 1, dated October 15, 2008
granting the requested variances; noting that the batting cages will not be part
of this approval but will be revisited by staff to determine their best location;
adding the additional plantings as presented; noting the operating hours as
presented and discussed; noting the batting fields and batting cages will be
secured as presented by staff; approving lighting option #2 as presented by
staff; adding a 10 -foot board -on -board capped, stained wood fence along the
property line on the north side and adding a gate for Mr. Wayland as well.
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
Tight 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 9 day of October, 2008.
. --/ Alr)
MAYOR
ATTEST:
1 , �.� ,,
CITY SECRETA
PASSED AND APPROVED on the 2nd reading the 18 day of November,
2008.
c______
ot, ,, 0 1,
MAYOR
ATTEST:
Ilk: iq
CITY SECRET it
APPROVED A TO FORM AND LEGALITY:
.... s X______
A
CITY A ORNEY
DATE: /0 - J5- /U
ADOPTED: // - /Y4
EFFECTIVE: Jj -91•Q8
EXHIBIT "A"
Being Tracts 2A and 3C1, situated in the Littleberry G. Hall Survey, Abstract No. 686,
Southlake, Tarrant County, Texas, and being approximately 6.8 acres of land, more or
less. For specifically described as:
LEGAL DESCRIPTION
SL04- 192607
All that certain tract or parcel of land being situated in the L.H.G. HALL
SURVEY, AHSTRACT NO. 686, City of Southlake, Tarrant County, Texas, being
portions of those certain tracts of land described in Deeds to Ralph Evans,
recorded in Volume 4543, Page 782, Volume 4040, Page 79 and Volume 7176, Page
785, Deed Records, Tarrant County, Texas, more particularly described as
follows:
BEGINNING at a "PK" nail in asphalt set at the Northwest corner of said Evans
tract recorded in Volume 4040, Page 79;
THENCE along the Northerly line of said Evans tract recorded in Volume 4040,
Page 79, North 89 degrees 24 minutes 00 seconds East a distance of 25.00 feet
to a one -half inch rebar with aluminum cap stamped "MLA RPLS 4873 "set at the
Southwest corner of said Evans tract recorded in Volume 4543, Page 782;
THENCE along the Westerly line of said Evans tract recorded in Volume 4543,
Page 782, North 00 degrees 03 minutes 14 seconds West a distance of 5.62 feet
to the Westerly line of that certain tract of land described in deed to the
City of Southlake, recorded in Volume 14365, Page 230, Deed Records, Tarrant
County, Texas;
THENCE along said City of Southlake tract Westerly line the following 4
courses:
1.
North 89 degrees 24 minutes 00 seconds East a distance of 343.94 feet to a one
half inch rebar with aluminum cap stamped "MLA RPLS 4873" found;
2.
South 06 degrees 13 minutes 52 seconds East a distance of 486.86 feet to a one
half inch rebar with aluminum cap stamped "MLA RPLS 4873" found;
3.
South 02 degrees 00 minutes 19 seconds West a distance of 295.83 feet to a one
half inch rebar with aluminum cap stamped 'MLA RPLS 4873" found;
4.
South 86 degrees 42 minutes 38 seconds West a distance of 348.33 feet to a
"PK" nail found on the Westerly line of said Evans tract recorded in Volume
7176, Page 2216;
THENCE along the Westerly line of said Evans tract recorded in Volume 7176,
Page 2216, said point being the Northwest corner of said Evans tract recorded
in Volume 7176, Page 2216, North 05 degrees 16 minutes 03 seconds West a
distance of 631.86 feet to a "PK" nail set at the Northwest corner of said
Evans tract recorded in Volume 7176, Page 2216, said Point being the Southwest
corner of said Evans tract recorded in Volume 4040, Page 79;
THENCE along said Westerly line of Evans tract recorded in volume 4040, page
79, North 00 degrees 03, minutes 12 seconds West a distance of 161.48 feet to
THE POINT OP BEGINNING, containing 298,327 square feet or 6.8949 acres of
land, more or less.
EXHIBIT "B"
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'' INVOICE Preview
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 301544471
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/23/2008
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 11/30/2008
Bill To: PO Number: 20900115-000
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 30154447
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Dates:11/21/2008 - 11/23/200
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 112 112 LINE $0.43 $95.72
Sales Discount ($8.50)
Misc Fee t*�r 2 E J i D $5.00
Net Amount: $92.22
SECRETARY
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 bove named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501 1 00,1:Mt JAC/r6f,
�Signed �'PPV
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,November 5,2008. = _y
Notary Public ka.n l,i a `Pr '0Q t•
7E OF co�;
0//1111111110
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: 301544471
Invoice Amount: $92.22
PO Number: 20900115-000
Amount Enclosed: $ I
Legal Notices
TRACT OR TRACTS
OF LAND WITHIN
CITY OF THE CITY OF
SOUTHLAKE SOUTHLAKE, TEX-
ORDINANCE AS BEING DE-
NO. 480-576 SCRIBED AS
AN ORDINANCE TRACTS 2A AND 3C1
AMENDING ORDI- SITUATED IN THE
NANCE NO. 480, AS LITTLEBERRY G.
HALL SURVEY, AB-
AMENDED, THE STRACT NO. 686,
COMPREHENSIVE SOUTHLAKE, TAR
ZONING ORDI- RANT COUNTY,
NANCE OF THE CITY TEXAS, AND BEING
OF SOUTHLAKE,
TING APPROXIMATELY 6
TEXAS; GRANTING ACRES, AND MORE
ZONING CHANGE FULLY AND COM-
AN A CERTAIN PLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM "AG"
AGRICULTURAL
DISTRICT TO "CS"
COMMUNITY SER-
VICE DISTRICT, AS
DEPICTED ON THE
APPROVED SITE
PLAN ATTACHED
HERETO AND IN-
CORPORATED
HEREIN AS EXHIBIT
"B", 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 THAT
THE PUBLIC INTER-
EST, 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
18th DAY OF NO-
VEMBER, 2008,
DURING THE REG-
ULAR CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City Secretary
1,
INVOICE Preview
Star-Telegram Customer ID: C1T57
400 W.7TH STREET 1- ``. IVE D Invoice Number: 300902741
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 10/19/2008
Federal Tax ID 22-3148254 NOV 1 1 2008 Terms: Net due in 21 days
Due Date: 10/31/2008
Bill To: PO Number:
OF SOUTHLAKE OFFICE t ; 'i . LCRFTARY no po
1400 MAIN ST Order Number: 30090274
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates:10/18/2008 - 10/19/200
Descriptio>q Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 13580 1 126 126 LINE $0.42 $107.06
Sales Discount ($8.50)
Misc Fee $5.00
RECEIVED
Net Amount: $103.56
NOV C 3 2008
BY: -
el)&'/('.�'I
V JJ a- ,,
fp..G :.NET t ri
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
SignedU,SYNCIN-\ 0%%p111it11Nrr,
������NNE dil /
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday,Octob 2,2008. \\.• )'M_,H P(/e :�,
OK t0 — '"°Pp
Notary Public _• `� � C �:•
sT V.
q Of
We_
• •• ••••.EXPIRES:' .^
Thank You For Your Payment //',„, 8-79-2 0Ow,\``�
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 300902741
Invoice Amount: $103.56
PO Number: no po
Amount Enclosed: $ I
4 ?
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 No-
vember 4; 2008, at
5:00 p.m. or imme-
diately following the
Work Session, dur-
ing the Regular City
Council meeting to
be held in the City
Council Chambers of
Town Hall, 1400.
Main Street, South-
lake,Texas. Purpose
of the public hearing
is to consider the
second reading of
the following ordi-
nance:
ORDINANCE
NO.AN AgRbSyA NCE
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 (KILTS"
OF LAND WITHIN
THE CITY OF
SOUTHLAKE, TEX-
AS BEING DE-
SCRIBED AS
TRACTS 2A AND 3C1
SITUATED IN THE
LITTLEBERRY G.
HALL SURVEY, AB-
STRACT NO. 686,
SOUTHLAKE, TAR-
RANT COUNTY
TEXAS, AND BEING
APPROXIMATELY 6'
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 SITE
PLAN ATTACHED
HERETO AND IN-
CORPORATED
HEREIN AS EXHIBIT
"B", SUBJECT TO PROVIDING AN EF-
THE SPECIFIC RE- FECTIVE DATE.
QUIREMENTS CON- SECTION 7.
TAINED IN THIS Any person, firm or
ORDINANCE; COR- corporation who vi-
RECTING THE OFFI- olates,
CIAL ZONING MAP; omits, ne disobeys,
PRESERVING ALL refuses to lecom or
OTHER PORTIONS or
OF THE ZONING the no who ent of
ORDINANCE; DE- the enforcement of
TERMINING THAT any of the provisions
THE PUBLIC INTER- of this oreinan
EST, MORALS AND shall be fined no
tt
more than Two GENERAL WELFARE
ThousandDollars
DEMAND THE ZON- ($2,000.00) for eachach
ING CHANGES AND offense. Each da
AMENDMENTS that a violation is HEREIN MADE; permitted to exist
PROVIDING THAT shall constitute a
THIS ORDINANCE separate offense.
SHALL BE CUMU- City of Southlake
LATIVE OF ALL Lori Payne
ORDINANCES; PRO- City Secretar
VIDING A SEVER-
ABILITY —� Y
CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND