480-041CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-41
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 1.492 ACRE TRACT OF LAND OUT OF
THE B.J. FOSTER SURVEY, ABSTRACT NO. 519,BEING
MORE COMMONLY KNOWN AS A PORTION OF LOT 2 OF
THE SWORD ADDITION, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM C-2
COMMERCIAL DISTRICT TO SF-1A SINGLE FAMILY
RESIDENTIAL 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 AG Agricultural 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
Dr0Dri~tar¥ interest in said Dr0pert¥; 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,
%he 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:
-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 1.492 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 SF-1A Single Family Residential
District.
Section 2. That the City Manager is
correct the Official Zoning Map of the City of
reflect the herein changes in zoning.
hereby directed to
Southlake, Texas, to
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
Southtake, 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~,.,..,~,
?:%
........
1st reading the /'~/- day of
ATTE ST:
~i'PAS ED AND
APPROVED on the
1991.
2nd reading the 7 day of
ATTEST:
-4-
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
-5-
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
HE 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 INCOTAL
H/LIINE RATE AMOUNT
MAY 10 6694648 CL . 358 1X90 L 90 . 38 34 . 20
may10
CITY OF
SOUTHLAKE`TEXAS
ORDINANCE NO.480-41
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED THE COM-
PREHENSIV•E ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE,
TEXAS GRANTING A
CERTAINHTRACTOOR
TRACTS OF LAND
WITHIN THE CITY OF /
SOUTHLAKE TEXAS
BEING Ala
MATELY A 1.492 ACRE
TRACT OF LAND OUT
OF THE B.J. FOSTER .....
' / ' ài ISURVEY ABSTRACT
NO. 519 6EING MORE
'OMMONLY KNOWN SIGN D
SAPORTIONOF RDADD2 `ND SWORN TO BEFORE ME , HIS THE - 13th DA OF MA 1 1
IONHAND SWORD
E FDUDL-
.Y AND COMPLETELY NOTARY P U: C
DESCRIBED IN EX-
HIBIT "A" FROM C-2 �`� •`
COMMERCIAL DIS
TRICT TO SF-lA SIN-
GLE FAMILY RESI-
T , RRANT COUNTY, T XAS
DENTIAL DISTRICT
SUBJECT TO THESPE ;�Ry�t��4 ��N7��
CMENTSCONTAINED INIFIC REQUIRE _. , KAT RYN 1. SPENCER 01 AFFIDAVITS
THIS ORDINANCE; n,
CORRECTING THE OF-
FICIAL ZONING MAP;
yet ;'„� COM ISSiON EXPIRES
PRESERVING ALL 0;1.- .... JAN ARY 28, 1995 C
OTHER PORTIONS OF ,�R•••.•.Er
THE ZONING ORDI- �,,vtA
NANCE; DETERMIN-
ING THAT THE PUBLIC fl
INTEREST MORALS
AND GENERAL WEL-
FARE DEMAND THE I
ZONING CHANGES TEAR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
AND AMENDMENTS
HEREIN MADE; PRO
VIDINGTHATTHISOR- —
DINANCE SHALL BE
CUMULATIVE OF ALL
ORDINANCES PRO-
ITIYp1CLAUSEVPROVID- REMIT TO : 400 W . SEVENTH, FW, TX 76102
FilFOR
FOR A PENALTY
FOR VIOLATIONS Star-Telegram
HEREOF; PROVIDING
A SAVINGS CLAUSE; XXXXXXXXXXXXXS �XXlX3 �(B(IXXXXXXXXXXXX
1 PROVIDING FOR PUB-
LICATION IN THE OF: _..�. _
FICIAL NEWSPAPER j
DUE
AND PROVIDING AN ACCOUNT AMOUNT
CIT57 EFFECTIVE DATE. NUMBER 34 . 20
Section 7.Any person firm
or corporation who violates,
disobeys, omits, neglects or 1
refuses to comply with or who PAGE df
resists theenforcementof any
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars
0,2,000.00) for each offense.
p Each ittedfoexist t a shall clonstls
lute a separate offense.
IINSECONDNREADINGTHIDS
THE 10th day of May,1991.
Gary Fickes
MayYor of Southlake
An EST:Sandra L.LeGrand City SecretaryF SOUTHLAKE ORIGINA,�
Aporaedastonform:
City At K.Ols
torney C A R R O L L PLEASE PAY 34 . 20
SOUTHLAKE TX 76092 0 THIS AMOUNT III
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORl WORTH,TEXAS 76102
STATE OF TEXAS
anty 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 DESCRIPTION 1 AD SIZE TOTAL
IncwLINE _ RATE AMOUNT
A?R 19 /0684892 CL . 358 1X114L 114 . 38 43 . 32
PUBLICIHEARING a p r i l 19
NOTICE Is hereby given foal!
Interested persons that the Ci-
tyCounciloftheCityofSouth- _...-... ...._. ._... _. ... .. ..... ...._. _..... _.... .
public
Texas,will be holdin a
Regularhearing
yCouncill meetihe
in
to be held on May 7 1991,at
7:30p.m. SouthiakeCityHall,
667 North Carroll Avenue,
Southlake,Texas.
Purpose of the hearing Is to
consider the second reading of
the following ordinance:
ORDINANCE NO.48041 i
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED THE LOM-
2EHENSIVE ZONING
2DINANCE OF THE �VD SWORN TO BEFORE ME , THIS THE 9th D OF ' '12 1991
TY OF SOUTHLAKE, \ `'
-XAS, GRANTING A NOTARY PUBLIC �_
,oNING CHANGE ON A -
CERTAIN TRACT OR
TRACTS OF LAND
WITHIN THE CITY OF TARRANT CO TY, T XAS
BEING S -'_ _..
APPROXI-
MATELY A 1.492 ACRE
TRACT OF LAND OUT
OF THE B.J. FOSTER �b��,.�.,,,�, 01 AFFIDAVITS
SURVEY ABSTRACT ZtS •4+• .1�'Y
O. 519 TEING MORE I ..
)MMONLY KNOWN .�� � P4 7 S G
iAPORTIONOFLOT2 'v''• i++ KA HR N 1• ..�'•10ER
OF THE SWORD ADDI- P2` -1°:11:017
'+`+
TION,AND MORE FUL-
LY ..ANDCOMPLETELY ,*iDESCRIBD IN EX-HIBIT 4�•.COMMERCALO DS� tq / +r�hF�oa,
TRICT TO SF-1A SIN- ll!!!
DENTFIAL�IDISTRICT • TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
SUBJECT TO THE SPE-
CIFIC REQUIRE-
MENTSCONTAINED IN
THIS ORDINANCE;
CORR ECTING THE OF-
FICIAL ZONING MAP; REMIT TO : 400 W • SEVENTH , FW, TX 76102
PRESERVING ALL
ft OTHER PORTIONS OF
THE ZONING ORDI-
NANCE; DETERMIN-
IN D GENERAL
PUBLIC Star-Telegram R! P.11IT T'). t* X XX)XXX b1X3X X XCXRX kNXXA-IXXXXSX76197
INTEREST MORALS
AND GENf✓RAL WEL-
E 1
ZONINGARE E CHANGND ES 1 ACCOUNT AMOUNT
AND AMENDMENTS 1 NUMBER CIT57 DUE 43 . 32
HEREIN MADE; PRO-
VIDINGTHATTHISOR-
DINANCE SHALL BE
CUMULATIVE OF ALL PAGE 1°F 1
ORDINANCES- PRO-
"IDING A SEVE'RABIL-
"Y CLAUSE-PROVID-
G FOR A (PENALTY
OR VIOLATIONS
HEREOF; PROVIDING
PROVIDING FOR PUB-
LICATION IN THE OF-
FICIAL NEWSPAPER-
AND PROVIDING AN
EFFECTIVE DATE.
Section 7.Any person firm
corporation who violates,
usestocom omits,lywl9th or who
F SOUTHLAKE ORIGINAL ts or
�fuststhee forcemthorwhy \
resists theenforcementof any
of the provisions of this ordl- C A R R O L L PLEASE PAY , 43 . 32
Hance shall be fined not more
than
foorueach Dollarsf _A K E TX 710092 0 THIS AMOUNT
Eahaythat aviallcon i- IN : SANDRA LEGRAND
permitted toexlst shall consti-
tute a separate offense.
Section 8. All rights and
remedies of the City of South-
lake areexpressly saved as to any and all violations of the PLEASE WRITE IN AMOUNT ENCLOSED
provisions of Ordinance No.
480 as amended,or any other
,-.rr(lnanrnc affortlna ronlnc