480-054CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-54
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 10.212 ACRE TRACT OF LAND OUT
OF THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521,
THE SOUTHERN PORTION OF TRACT 8Al, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL TO "CS" COM~3NITY
SERVICE ZONING 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
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 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 10.212 acre tract of land out of the
J.J. Freshour Survey, Abstract No. 521, the southern portion
of Tract 8A1, and more fully and completely described in
Exhibit "A," attached hereto and incorporated herein.
From "AG" Agricultural to "CS" Community Service Zoning 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.
ASSED AND
,
APPROVED on the 1st reading the A day
1991 . ~,,,,,,,,,,,,,~
...% ... ..... .... ,.
...': 5iATTEST:
GITY SECRET~RY
{./PASSED AND APPROVED on the 2nd reading the ~ day
,
~ ~ .' ".- ~ ~R /
~ : ~ :~ ATTEST:
'%,,,, *.
-4-
of
of
APPROVED AS TO FORM AND LEGALITY:
-5-
Fort Worth Star.Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT*
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76101r
_ STATE OF TEXAS
County 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 DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
AUG 23 6745649 CL • 358 1X79 L 79 • 25 20 . 02
CITY OFTEXOASHLAKE,. august 23 _.
ORDINANCE NO.480-54
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM- "" "
PREHENSIVE2ONINGOR-
DINANCE OF THE CITY OF
SOUTHLAKE TEXAS
GRANTING A ZONING __._...____
CHANGE ON A CERTAIN -_...........___.__....._'-
TRACT OR TRACTS OF
LAND WITHIN THE CITY
BEIF NG APPROXIMATELY -.. _... .... _..
A 10.212 ACRE TRACT OF - ---------____._.,._,.... ___...._.,......._.._......_._..-
LAND OUT OF THE J.J.
FRESHOUR SURVEY AB-
STRACT NO. 521 YHE
SOUTHERN PORTION OF -------- ---- ___
8A1 AND MORE
AND COMPLETE- SIGNE
:RIBEDINEXHIB-
'ROM"AG"AGRI- ail
RALTOCS" 23RD r AU s �I99� ..............
LummUNITY SERVICE AND SWORN TO BEFORE ME, T4 HE _ ti
ZONING DISTRICT SUB- NOTARY PUB
JECT TO THE SPECIFIC
\.
REQUIREMENTS CON- ......_ __....._.._- -_..__...... _-...--___... .___._...__...__..._..._.._
TAINED IN THIS ORDI-
THE OFFICIIAL CORRECTING
MAP. PRESERVING ALL TARRANT COU , TEXAS
OTHER PORTIONSOF THE --.. -..._............ .. _..-_.._._..... ... ._- _....
ZONING ORDINANCE,DE-
TERMINING THAT THE
PUBLIC INTEREST,MOR- ~ot.o's•.. y..�.� 01 AFFIDAVI-S 10 .00
ALS AND GENERAL ZON $ --Pay II' KAMP'Itd J.SP"ENCER
FARE DEMAND THE ZON- :•' , r
ING CHANGES AND
AMENDMENTS HEREIN +'?•• :! i COt'M SSION EXPIRES C
TH SSOHD NACESHALLBE t i,r'•\ "^� 995_-__�,._ 30 • 02
CUMULATIVE OF ALL OR- 4+••. ••�t �AtiUARY 28, 1
DINANCESL PROVIDING A a y9`.`...
SEVERABILITY CLAUSE;
PROVIDING FOR A PEN-,, 1 rµti�•�
ALTY FOR VIOLATIONS
I
HEREOF; PROVIDING A
_
SAVINGS CLAUSE PRO- -
VIDING FOR PUB LICA- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT ��
TION IN THE OFFICIAL —
NEWSPAPER AND PRO-
VIDING AN EFFECTIVE
DATE.
Section 7.Any person,firm or REMIT TO : 400 W • SEVENTH, FW, TX 76102
Fcorr Ion who violates,di-
sot its,neglects or re- _
fu`` mply with or who
relir if
of any _ X�.�(,�x. ,�,�(�( X ���(,�,�(/y�,.�/��(/y��/.,
of ttttttllll���rrr visions of this ore r■ e e ram f1Lry I i I L: �' g•V.•�CJl4"y7C!/'3 X)PVXI-VYLJtt 1 ti, I C7CNJ /6197
Hance shall be fined not more
than Two Thousand Dodllars
(42A00.00) for each offense. } II
EEach day that,a violation is / ACCOUNT C I T 5 7 AMOUNT 3 0 • 0 2
permittedtoexist shall tonsil ., NUMBER Lute a separate offense. - DUE
PASSED AND APPROVED
INSECONDREADINGTHIS a,'' - �, PAGE �F
THE 20thdayofAugust,199E
Gary Fickes,
Mayor of Southiake
ATTE ST:Sandra L.LeGrand
City Secretary
Approved as toform:E.Allen
Taylor Jr.,City Attorney
CITY OF SOUTHLAKE ORIGINA
jk
667 N CARROLL PLEASE PAY bh. 30 . 02
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W SEVENTH STREET•FORT WORTH,TEXAS 76102
E `;TAT[ OF TCXA
( omit v' n 1" , - 1-,Int
Frn_ i nt'c' me- Hot =1"1, - _ c i 11 - - _! .nor .�c�7- _ '_Ol,l-- _', ;, ; - i :� �1='1
t,e-r;r,n.7, l lv rl, ,��' _ 'j O:. J l ing _ ':e':: . l i_. :I' . _ ' n- IIc,l- :h
KELLEY ALLARD
`.t 'r-T'�- I(,gI. _ T hr,'. l ._ `1 _ _ 'I : ;_ _ _ -: s„• . - . -
- - „fir--T� �ci� �r� c- rl I ant
( nunty , Te):= : . an': whc - . t= - h--' ing duly s,ecrn- ,iir1 clepoz -inc' : .'' tha,- t.hr3
f of lowing cl ippinp of _n advertisement was published in the above named
paper on the Followind dates '
DATE DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
AUG ill 6739001-i (L . 358 1,Yi00L DU L fl L0 - 00
PUB IC HEARING august 110
NOTICE is hereby given to al l
interested persons thatthe Ci-
ty Council of the City of South-
pllauUke Texas,will be holding a
e
Regular CitylCounc l during
to be hel d on August 20 1991,at
7:30p.m. SouthlakeCltvHall, _........_,_....,_.__..___ .__......,._... .,_..-,....
667 North CarTexroll Avenue,
Sout ,Purpose of the hearing is to
the following Ordinance:
CITY OF
SOUTHLAKE TEXAS I_,_._.__._______..______
ORDINANCENO.480-54 __.. .___ ,..,.,,, __.._._.,.�._._m___._..__-.__,__„_,_.____-._..,__........
N ORDINANCE T
MENDING OR D I- ...,....,.., 7 I..�;..NEQ_
AN C E N O. 480�a A S ,___,__......_._._.__._...-....__.__._..,._..,.
MENDED THE COM-
ORDINANCEEOONTHEAIJh SWORN TO BE ORE ME , TNIIS THE 12th DAY 07 Ausp,41991
CITY OF SOUTHLAKE, v 111'oo TT
TEXAS' GRANTING A ....,..-______.....__._..,..___ ._,....,.._.._._,_..........:. .__._-___.... ..,.N O T A.]3..X...__P_..li.L1.�J_.. _.. _,.
ZONING CHANGE ON A _ ___ .�-.M.-._..k_,,..
CERTAIN TRACT OR TRACTS OF LANDr...---\eWITHIN THE CITY OF �� TARRANT....C..O U _ T._r._ -
SOUTHLAKE TEXAS - ----^-^- -- - -- - - - ,yts •-- •
BEING AFPROXI-
MATELY A 10.212ACRE NP4%% V
TRACT OF LAND OUT 4 a It KATHRYN J. SPENCER
OF THE J.J. •�f 01 AFFIDAV-I"S
FRESHOUR SURVEY, ..,.. ........,....._,..„.„,.._..,...- ....._.._.,_,_.. ._. yam . ly,._...,_,..,_- p -EXPIRES
-_
ABSTRACT NO. 521, i .��-;•y CQMM�SSCO CAF��� J
THE SOUTHERN POR-
TION ' /\:'Ps JANUARY 28, 1995 E
TION OF TRACT 8A1OR jdr
�4tr ..•��'.-. ......
AND COMPLETELY h1%, off,,.
DESCRIBED IN ,
H I B I T"A"FROM"AGG"
AGRICULTURAL TO.
CS" COMMUNITY
SERVICE ZONING DIS-
TR ICT SUBJECT TO_ T AR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
TQUIREMENTSCCON- ---,A
7AINED IN THIS ORDI-
NANCE-CORRECTING
THE OFFICIAL ZON-
ING MAP; PR ESERV-
I NG ALL OTHER POR- REMIT TO : 400 W • SEVENTH , FW, TX 76102
TIONSOF THE ZONING
ft JTh
�■ �� h�cREMIT TO\ND THE ZONING
l ANDMEN D ACCOUNT rr��,� AMOUNT
CREW MADE; PRO- NUMBER C117 DUE 60.00
JIDING THAT THISOR- t
DINANCE SHALL BE -?-
CUMULATIVE OF ALL X
ORDINANCES PRO- PAGE OF -
VIDINGASEVERABIL-
ITY CLAUSE,-PROVID-
ING FOR A (PENALTY
FOR VIOLATIONS
HEREOF; PROVIDING
A SAVINGS CLAUSE;
PROVIDING FOR PUB-
LICATION IN THE OF-
FICIAL NEWSPAPER,
AND PROVIDING AN
EFFECTIVE DATE,
Section 7.Any person,firm
or corporation who violates,
disobeys, omits, neglects or refuses with or who O R I G I N
A
resists theenforceentofanvFS0UTHLAKE
of the provisions of this ordl- PLEASE PAY
Hance shall be fined not more CARROLL ` 613,7
0 • 00
than Two Thousand Dollard_A K E TX 76092 0 THIS.AMOUNT
Each day for each offense.
Each day that.a violation Is
°Tea sedtoee tshaloffenseonsti IN ; SANPRA LEGRANP
City of Southiake
Sandra L.LeGrand
City Secretary PLEASE WRITE IN AMOUNT ENCLOSED