480-060CITY OF $OUTHLAKE, TEXAS
ORDINANCE NO. 480-60
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 2.44 ACRE TRACT OF LAND OUT OF
THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254,
TRACT 1Al, BEING MORE COMMONLY KNOWN AS 1600
BURNEY LANE, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
ZONING DISTRICT TO "SF-1A" SINGLE FAMILY-lA
RESIDENTIAL 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 $outhlake, 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 $OUTHLAKE, TEXAS:
-9-
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 2.44 acre tract of land out of the John
Childress Survey, Abstract No. 254, Tract 1Al, being more
commonly known as 1600 Burney Lane, and more fully and
completely described in Exhibit "A," attached hereto and
incorporated herein.
From "AG" Agricultural Zoning District to "SF-1A" Single Family
Zoning District.
1-A
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. 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
form and after its passage and publication as required by law, and
it is so ordained.
PASSED
AND APPROVED on the 1st reading the ~
, 1991. ~ ~ . / )
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,..,,,, ,,,,,,
""""~ ~ITY SECRE~RY
PASSED AND APPROVED on the 2nd reading the 3 day
..-' 5~..' .... ..:'.
_-"~ ..'A '-.~%
= ~: : ~ ~ ATTEST:
~'~
~'.. /
~ITY SECRET~RY
-4-
day of
of
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
--E STATE OF TEXAS
unty 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
DEC 06 6795928 CL . 358 1X85 L 85 . 38 32 . 30
Dec 6
CITY OF SOUTHLAKE,
OR D I NANCEANO.480-60
AN ORDINANCE AMEND-
ING ,.-. ..-,_ ...
ORDINANCE NO. 480,
AS AMENDED THE COM-
PREHENSIVELONINGOR- ,,__.........._._.......____.��_....._
SOUTHLAKE,DI H E T E X A SF .�.�._.ww wwY�.._.w�....w....._....._Y_.._.....w
GRANTING ZONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY
BEINGAPP OXImATEVLY'
A 2.44 ACRE TRACT OF
CHILDRESS SURVEYOAB I STRACT NO 254 TRACT SIGNED �`
MO}J BI I K N W N�ASCOM00-
U B S C R I B B u R N E Y LANE ARE FULLY ANI5 ND T O BEFORE ME , THIS-THE 9TH D A - ..OF.._._iER;
EOH B T'"AEFROMEAG" NOTARY PUBLIC
AGRICULTURAL ZONING - _. . ..IIII.-i.Z,N -• \_.._, x
DENTFAMIICT O-IA RESI-
T , RRANT COUNTY , TEXAS
TRICT SUBJECT ppTO THE
MENTS SPECIFIC
_...-.. .,..,.. �~ _.
THIS ORDINANCE COR-
RECTING _ 4b'~ � NN�
I MgpEPRESERV �>r.- " ?I, SPEt�.Cf.R
PRESERV-
ING ALL OFHER POR- _ ;.- Fb �I ,NRYhI I. Q
DI NSOF•DETERMINING s?/�:3 COMh�ISSION E1lPIRES
THAT THE PUBLIC INTER- iv., '� ;"� pgl 224 1995
ESTMORALS AND ..-.____..,..._._. ., UIP__._.-_._....,..�_._._......� .........___._.____...... ...._._._.�_____.....,..
ERAL WELFARE GEN- 4,9 �,_
DE-
MAND THE ZONING q , 11<ei`ice
CHANGES AND AMEND-
MENTS HEREIN MADE I
PROVIDING THAT THIS �.A i. kli
ORDINANCE SHALL BE
CUMULATIVE OF ALL OR- THIS FIERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT fit,
SDEVERABILITYO PROVIDING
APLTY
DINFOR VIIOLAT FOR PE -
SAVINGS CLAUSE,. REMIT TO : 400 W . SEVENTH , FW, TX 76102
!! r.Te1egram
FOR _I 't'r�l`BC?X`JrPr�J4`Xt�LJ�iT WC)flTH`TL`X'A876197or m _ _ �,
c dis`pbe°y°f o who violates,
o� C I T 5 7 3 2 . 3 0
6 7 9 5 eegg ACCOUNT AMOUNT
resists theenfopoewmenhtofany NUMBER DUE
of the provisions of this ordi-
nance shall be fined not more than Two Thousand Dollars PAGE bF 1
02,000.00) for each offense.
emittedtoexlst tshallconstls
tute a separate offense.
IINSECONDREADINGTHIDS
THE 3rd DAY OF DECEM-
BER,1991.
GaMaFr or ofy kSouthlake
ATEST:
Sandra L.LeGrand,
City Secretary
Approved as to form:
E.
Taylor Jr
City
H L A K E ORIGINAL
Attorney .,
667 N CARROLL AVE PLEASE PAY 32. 30
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star. lblegrain ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH.TEXAS 76102
E STATE OF TEXAS
unty 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 I DESCRIPTION AD SIZE TOTAL
TOTAL
RATE AMOUNT
NOV 22 \6789341 CL . 358 1X83 L 83 • 38 31 . 54
Nov 22
_
1358 Legal Notices ___________________.___....____..
NOTICE OF
PUBLIC HEARING ,...._._.__......_..-._.._ ...
NOTICE Is hereby given toall
Interested persons that the Ci-
ty Counci I of the City of South-
lake
oub(ic hearing during the ___......___.___._._________..
Regular City Council meeting
tobeheldon December 3,1991,
at 7:00 p.m., Southlake City
Hall,667 North Carroll Ave-
nue,Southlake,Texas.
Purpose of the hearing is to
consider the second read ngof
the following ordinance: 0/00A
_..__,. _.,..._,..___..._...__._._....._._......
SOUTHLIAKE TEXAS S I G N E D
ORDINANCE A0.480-60 SWORN TO BEFORE ME , THIS THE -- DAY 'OF ,
AN ORDINANCE 2 2ND NOVEMBER 93._-----------------
NAMENDNG NCE INO. 480R AIS NOTARY PUBLIC
AMENDED THE C`OM- _..... _______.__»._..._.......__,�. . ,
PREHENSIVE ZONING ` ._.\. . ...
ORDINANCE OF THE
CITY OF SOUTHLAKE, TARRANT COUNTY , TEXAS
TEXAS: GRANTING A
ZONING CHANGE ON A .. .., •.... ___
CERTAIN TRACT OR
TRACTS OF LAND ,�,a•'e''�'1' SPENCER
WITHIN THE CITY OF '� ..�, vn
SOUTHLAKE TEXAS _ __._ raV.Y44�1h �{pj�;R'(1�p EXpini #
BEING APPROXI-
MATELY Cp,ON l.I�
A 2.44 ACRE ,, -r JJ 1995
TRACT OF LAND OUT �Z'-/ COMA
OF THE JOHN CHIL- 6 �` , ok p l 28,
iv..
STR ACT NO.254,TkACT .... "'d'hr'• .._.____...,_,.,..._._. ...__.__..__-...,....
IA1 BEING MORE # �'9te`a`;�-
COMMONLY KNOWN 0 �o.
AS1600BURNEYLANE y
AND MORE FULLY
AND COMPLETELY
DESCRIBED IN EX R ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
H I B I T"A"FROM"A " .A
INGAGRICULTURAL
DISTRICT TO"SZOF-
IA" SINGLE SINGLE FAMILY-
lA RESIDENTIAL
ZONING DISTRICT REMIT TO : 400 W . SEVENTH, FW, TX 76102
SUBJECT TO THE SPE-
CIFIC REQUIRE-
r
EST, MORALS AND
IN
ro THISORDINANCE;DE-
T E R M I N I N G THATTHE PUBLIC INTER- REMIT TO: y' "P'-.V:B�X�97C1'/"J4�� T'VIIORT}{�9r)l%i761971
EST, MORALS AND
GENERAL WELFARE ---------
DEMAND
THE
CHANGESND ACCOUNT CIT57 AMOUNT 31. 54
AMENDMENTS NUMBER DUE
HEREIN MADE; PRO-
ININHSLIDACE THAT THIS
BE
CUMULATIVE OF ALL PAGE /OF 1
ORDINANCES, PRO-
ITIYICLAUSE-PROVID-
ING FOR A PENALTY
FOR VIOLATIONS
HEREOF; PROVIDING
A SAVINGS CLAUSE;
PROVIDING FOR PUB-
LICATION IN THE OF-
FICIAL NEWSPAPER;
ANFECD
City of Southlake
Sandra .LeGrand SOUTHLAKE ORIGINAL
City Secretary
667 N CARROLL AVE PLEASE PAY 31. 54
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY
PLEASE WRITE IN AMOUNT ENCLOSED