480-040CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-40
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 A 10.884 ACRE TRACT OF LAND OUT
OF THE B.J. FOSTER SURVEY, ABSTRACT NO. 519,
BEING A PORTION OF LOT 2 OF THE SWORD ADDITION,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM C-2 COMMERCIAL 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 homerule 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-2 Commercial 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 and 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 S0uthlake, 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:
-2-
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 10.884 acre tract of land out of the
B.J. Foster Survey, Abstract No. 519 being a portion of lot 2
of the Sword Addition, and more fully and completely described
in Exhibit "A," attached hereto and incorporated herein.
From C-2 Commercial 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.
-3-
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. Ail 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
form and after its passage and publication as required by law, and
it is so ordained.
PASSED
AND APPROVED on the
1991 .
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[PAS,~D
AND APPROVED on the
, 1991.
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1st reading the /~ day of
ATTEST:
~C~fY SECRETARY
2nd reading the ~ day of
M~R /
ATTEST:
~ITY SECRETARY
-4-
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
-5-
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400W SEVENTH STREET•FORT WORTH.TEXAS 76102
s
fHE STATE OF TEXAS
:ounty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE 1 DESCRIPTION AD SIZE TOTAL
CH/LINE RATE AMOUNT
__. _:... IN
MAY 10 6694625 CL . 358 1X88 L 88 . 38 33 . 44
may 10
CITY OF
SOUTHLAKE TEXAS
ORDINANCE 4O.480-40
AN ORDINANCE ._... _....
AMENDING ORDI-
NANCE NO. 480 AS
PREHENS (E ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE,
TEXAS, GRANTING A
CERITAINHTRACTOOR _,...
TRACTS OF LAND
WITHIN THE CITY OF
SOUTHLAKE TEXAS
MATELY A 10.884ACR E
TRACT OF LAND OUT
OF THE B.J. FOSTER SIGNED
SURVEY, ABSTRACT
NO.519 BEING A POR-
TION Of-LOT 2 OF THE
SWORD ADDITION ND SWORN TO BEFORE ME , THIS THE 13th DA OF MA 1
AND MORE FULLY
AND COMPLETELY NOTARY P
DESCRIBED IN EX-
HIBIT "A" FROM C-2
COMMERCIAL DIS-
c>
TRICTTOAGAGRICUL- ARRANT COU , TE AS
TURAL DISTRICT SUB-
JECTTOTHESPECIF IC `o < +r
REQUIREMENTS CON- ��so+
TAINED IN THISORDI- "11".'=t`, SPENCER
NANCE CORRECTING 1e".'44. y(p1ThRYN 1. 01 AFFIDAVITS
THE OFFICIAL ZON- ../1
ING MAP, PRESERV- %Z` a,1�G COMMISSION EX
pIRES
ING ALL OTHER POR- ! •.
TIONS OF THE ZONING :, ;ems• , 995
ORDINANCE; DETER- 10.. 51! IA hUA' L$' i
MINING THAT THE 1g7f..,...:fi •k '
PUBLIC INTEREST, ,\ + ��,; '
MORALS AND GENER- / s�
AL WELFARE DE-
MAND THE ZONING ,��
CHANGES AND L/ll�
AMENDMENTS
HEREIN MADE; PRO- TEAR ALO THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ----.I`
VIDINGTHATTHISOR- _
DINANCE SHALL BE
CUMULATIVE OF ALL
ORDINANCES PRO-
VIDING ASEVE•RABIL-
IITYNG LA A LPROVIDY REMIT TO : 400 W • SEVENTH , FW, TX 76102
Fla FOR VIOLATIONS
HEREOF; PROVIDING 1
A SAVINGS CLAUSE; y `' y y..1� ,y,.�,�y�,�,�,t, �/.,yyy�
PROVIDINGFORPUB- XXXXX MXXilbX 117)§XxtedO AW0X WAX LIGATION IN THE OF- Star-Telegram
FICIAL NEWSPAPER;
AND PROVIDING AN
EFFECTIVE DATE. ACCOUNT C I T 5 7 AMOUNT 33 . 44
Section 7.Any person;firm NUMBER DUE
or corporation who violates, — - - -------
disobeys,omits, neglects or , 1
refuses tocomplywlthorwho s A, 1
PAGE df
resiststheenforcementOf any
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars
(S2,000.001 for each offense.
Each day that a violation Is
permittedtoexist shall consti-
tute a separate offense.
PASSED AND APPROVED
IN SECONDREADINGTHIS
THE 10th day of May,1991.
Gary Fickes
Mayor of Southlake
ATTEST:Sandra L.LeGrand
City rovedSecretary
AA )F SOUTHLAKE ORIGIN
Wapvn Approved form:
n
city Attorney ,. C A R R O L L PLEASE PAY 33 . 44
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102
: STATE OF TEXAS
Jnty of Tarrant
Before me , a Notary Public in and for said County and State , this day
ersonally appeared KELLEY ALLARD Billing Specialist for the Fort Worth
tar—Telegram , published by the Star—Telegram Inc . at Fort Worth , in Tarrant
ounty , Texas ; and who , after being duly sworn , did depose and say that the
ollowing clipping of an advertisement was published in the above named
aper on the following dates :
DATE I
1 DESC P.. N $IZ T TOTAL RATE AMOUNT
' - INOH+LINE
hi'R 19 6684903 CL . 358 1X112L 112 • 38 � 42 . 56
aril -19_
NOTICE OF
PUBLIC HEARING
NOTICE Is hereby given toall
Interested persons that the CI-
ty Council of the City of South-
lake Texas,will be holdinga
public hearing dulring the
Regular e eldlon May 7 199111 at
7:30p.m. SouthiaketltyHall,
667 North Carroll Avenue,
Southlake,Texas.
Purpose of the hearing Is to
considerthesecondreadingof
the following ordinance:
ORDINANCE N0.4B0-CO __ _ _ __- _�_____.__
AN ORDINANCE ZL(i'vI
EHENSDI,7T ZONIOI G
2DINANCE OF THE AND SWORN TO BEFORE ME , T IS THE D 9th D OF AP 91
TYOFSRANTIN A NOTARY PUBLIC �� ,
i EXASy�, GRANTING A -
ZONING CHANGE ON A
ERTAIN TRACT OR
RACTS OF LAND
.VITHIN THE CITY OF T/ RRANT CO NTY , TEXAS
SOUTHLAKE TEXAS - - -
BEING APPROXI-
MATELY 43.Y.
. ;.- -_.__.._,_....__._..
A10.884ACRE • 3.Y.P`N - -`W..
TRACT OF LAND OUT I• ti(f1414.11:PS4
„PE �F ,`OF THE B.J. FOSTERa C �'; �( O 1 AFFIDAVI S
SURVEY, ABSTRACT NO.519BEING A POR- i /\ EXPIPES tSON D LOT D I T THE /�� JANUARY 28, !9 5
SWORD ADDITION (4...iF.`�±r
AND MORE FULLY _ _ _
AND COMPLETELY •_ - -- - - d0�-
DESCHIBITRIBED" FRIN EX-2 p
COMMERCIAL D S- I D� j
TRICTTOAGAGRICUL- .('L% 1
TURAL DISTRICT SUB-
REQUIRJECTTO N THISHE ON ' TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REQUIREMENTS CON-
TAINED IN THISORDI-
NANCELCORRECTING
THE OFFICIAL ZON-
INGMAP,.
LPoTHERSPOR-
TIONS OF THE ZONING REMIT TO : 400 W • SEVENTH, FW, TX 76102
ORDINANCE; DETER-
MINING THAT THE
PMORALS AND GENER-UBLIC INTEREST, Star-Telegram IiF";f: 1-(): 0, XFX(XXXJX444 •X4X-IXAMOP4-6449T6197
' M ANDETHE ZONIING
CHANGES AND
AMENDMENTS
HEREIN MADE; PRO- ACCOUNT C I T 5 7 AMOUNT 42 . 56
VIDING THAT THISOR- NUMBER DUE
DINANCE SHALL BE
CUMULATIVE OF ALL
_O.RDINANCES; PRO- i
VIDING ASEVERABIL- PAGE 3F 1
ITY CLAUSE-PROVID-
ING FOR A {PENALTY
FOR VIOLATIONS
HEREOF; PROVIDING
A SAVINGS CLAUSE;
PROVIDING FOR PUB-
LICATION IN THE OF-
FICIAL NEWSPAPER;
ANDEFFECTIVE DATE.
`action 7.Any person firm
rporation who violates,
e t omits, neglects or
,es'sh comp)ywithorwho
s the enforcement of any
provisions of this ordl-I OF SOUTHLAKE ORIG
shall be fined not more N CARROLL R R O L L PLEASE PAY 42 . 56
Esz0.2,E Two Thousand DollarsTHIS AMOUNT ,
,00day for each offense. H L A K E TX 76092 0
ach day that a violation Is
tut al�arateoffehse°ns'I TTN • SANDRA LEGRAND
Section 8. All rights and
remedies of the City of South-
lake areexpressly saved asto
any and all violations of the
provisions of Ordinance No. PLEASE WRITE IN AMOUNT ENCLOSED
480 as amended,or any other
ordinances affecting zoning
which have accrued at the