480-061CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -61
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 7.5 ACRE TRACT OF LAND OUT OF
THE JOHN A. FREEMAN SURVEY, ABSTRACT NO. 529,
MORE COMMONLY KNOWN AS PORTIONS OF LOT 1,
MIRON ADDITION AND LOT 2B, GORBETT ADDITION,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT " A " FROM "C -2" COMMERCIAL -2 ZONING
DISTRICT TO "B -1" BUSINESS SERVICE PARK 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 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" Agriculture 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
Ordinance No. 480 -61
Page 1
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 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:
Ordinance No. 480 -61
Page 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 7.5 acre tract of land out of the
John A. Freeman Survey, Abstract No. 529, more commonly
known as portions of Lot 1, Miron Addition and Lot 2B,
Gorbett Addition, and more fully and completely described
in Exhibit "A," attached hereto and incorporated herein.
From "C -2" Commercial -2 District to "B -1" Business
Service Park 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
Ordinance No. 480 -61
Page 3
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 y � day of
14i& 1991. r-�
.�apv "L A
W.
ATTEST:
/I
CITY SECRETARY
Ordinance No. 480 -61
Page 4
r '
P AND APPROVED on the 2nd reading the day of
1991.
; CZ % t
> ,a
r• •�n
YOR
ATTEST:
4""
ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
,4& of4�
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Ordinance No. 480 -61
Page 5
EXHIBIT FOR
B1 ZONING REQUEST
28 OCTOBER 1991
BEGINNING at a point, said point being South 00 degrees 02 minutes
39 seconds East 152.00 feet from a 1/2 inch iron rod found, said
iron rod being the Northeast corner of the Miron Subdivision, an
addition to the city of Southlake, Tarrant County, Texas, the plat
of which is recorded in Volume 388 -131 Page 24 Plat Records of
Tarrant County, Texas (P.R.T.C.T.);
THENCE South 00 degrees 02 minutes 39 seconds East 815.12 feet to
a 1/2 inch iron rod found for corner, said iron rod being the
Southeast corner of said Miron Subdivision;
THENCE South 89 degrees 34 minutes 56 seconds West 453.71 feet to
a 1/2 inch iron rod found for corner, said iron rod being the
Southwest corner of said Miron Subdivision;
THENCE South 89 degrees 47 minutes 30 seconds West 315.00 feet to
a 1/2 inch iron rod found for corner;
THENCE North 00 degrees 08 minutes 10 seconds East 270.48 feet to
a point for corner;
THENCE South 89 degrees 55 minutes 08 seconds East 548.34 feet to
a point for corner;
THENCE North 00 degrees 02 minutes 39 seconds West 323.76 feet to
a point, said point being the beginning of a curve to the left
having a central angle of 3 degrees 57 minutes 21 seconds, a radius
of 300.00 feet and a tangent distance of 10.36 feet;
THENCE along said curve to the left an arc distance of 20.71 feet
to a point;
THENCE North 04 degrees 00 minutes 00 seconds West 93.20 feet to
a point, said point being the beginning of a curve to the right
having a central angle of 28 degrees 00 minutes 00 seconds, a
radius of 160.43 feet and a tangent distance of 40.00 feet;
THENCE along said curve to the right an arc distance of 78.40 feet
to a point;
THENCE North 24 degrees 00 minutes 00 seconds East 18.51 feet to
a point, said point being the beginning of a curve to the left
having a central angle of 6 degrees 08 minutes 26 seconds, a radius
of 189.23 feet and a tangent distance of 10.15 feet;
THENCE along said curve to the left an arc distance of 20.28 feet
to a point for corner]
THENCE North 89 degrees 57 minutes 21 seconds East 198.32 feet to
the Point of Beginning and containing 326,528.87 square feet (7.50
acres) of land.
Fort Worth Star-Telegram ***INVOICE/A F FIDAVIT***INVOIC E/AFFIDAVIT***
400 W SEVENTH STREET•FORT WORTH,TEXAS 76102
T"7_ STATE OF TEXAS
anty 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 DESC'+.' • ADS ;,- T'Tt' RATE AMOUNT
DEC 26 6803405 CL . 358 1X93 L 93 . 50 46 . 50
Dec 26 NE
1358 Legal Notices e i
CITYOF EXAS THLAKE, .. ...._ ._..,..,"",,..._",..__....,_.__.__...,_.._.__^'_____._»_.".............�__.,.-._, .,..�.___-._,.„.._..."..._.._.,......._. 4...
ORDINANCE NO.480-61
AN ORDINANCE
AMENDING O R D I- .,..,.._.. ..___,.-,.,-..._,�__. .___ -_RL'.J.1., �}. � ..ai ._-____..
AMENDED,T480,
01OM LJCII J ..99
PREHENSI17E ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE, OFFICE------ OF
GRANTING A
V1/4))
ZONING CHANGE ON A
CERTAIN TRACT OR ,.
TRACTS OF LAND ITY SECRET(F:�....,..__,.,._... ..-.._-.... ....._. "-....__.,..._..-....,..._._w.._.-..._�M ...
-WITHIN THE CITY OF ...._.,.........-.___.....,.__...,..._.„._.....,.._...__"_».._____ .....
SOUTHLAKE TEXAS
MATELY A 75 ACRE SIGNEE J
TRACT
F THEIOFHNANFOREET 26TH DEC MB R, 1991
JBSCRIB MAN SURVEY AB TO BEFORE ME , TFIS THE DAY OF
STRACT NO.529 AAORE
COMMONLY KNOWN NOTARY PUBLIC _._
ASPORTIONSOFLOTI __-_ _-
MIRON ADDITION AND "___...
GAND MAD-
DITION TEXAS
FULLY AND COM- TAR ANT COUNTY,
SCPLRIBED IN EXHIBIT ,' 1�0�.��►v^�.,✓vv„'+
"A"FROM"C-2'COM- ,!��„
MERCIAL-2 ZONING = v,P
DISTRICT TO 'B-1" � 14
BUSINESS SERVICE •%h fV�IFiR�N...Ir..�.CS.11ILl.E),._.. ... .. ............_ _.._.._-....--..,"-.. __
PARK ZONING DIS- i ,�
TR ICT SUBJECT TO f'i i't COMMISSION l.�a►R��
THE SPECIFIC RE- i•''.. r"'f
OUIREMENTS CON ',,$ '4' JANUARY_ d t95 yI __-___-._�...... ..-"."___________-_____________.
?TAINEE IN 1IVAOR "'- rh;�E a` -�-" "-'"-""`-"'
NANCEL CORRECTING ('A ,,ry
THE OFFICIAL ZON-
ING MAP. PRESERV-
ING ALL ETHER POR-
_ TIONSOFTHEZONING
ORDINANCE; DETER- THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
MIING THAT THE -----,A,PUBLIC INTEREST, —
MORALS AND GENER-
AL WELFARE DE-
MAND THE ZONING CHANGES AND REMIT TO : 400 W . SEVENTH, FW, TX 76102
HMEDMENDS
HEREIN MADE; PRO-
VIDINGTHATTHISOR-
brit Iv( DINANCE SHALL BE *AA(
yyL y�L1[Y 1Ly1L
CUMULATIVE OF ALL (SENIri T3 -.4,,L'AA(4.r'0-�`3XXYcC'>7i`f'}rV�7}if. 'R,Xr'Xdfs 76197
ORDINANCES PRO- r-Telegram
VIDINGASEVE'RABIL-
ING FOR AE••ENALTDY
68034C FOR VIOLATIONS ACCOUNT CIT57 AMOUNT 46. 50
HEREOF; PROVIDING NUMBER DUE
A SAVINGS CLAUSE;
PROVIDING FOR PBU-
LICATION IN THE OF-
FICIAL NEWSPAPER. PAGE 1OF 1
AND PROVIDING AN
EFFECTIVE DATE.
Section 7.Any person,firm
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 16. 46. 50
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W SEVENTH STREET•FORT WORTH,TEXAS 76102
T"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
CH/LINE RATE AMOUNT
__. 1N
DEC 06 6795883 CL . 358 1X100L 100 . 38 38. 00
Dec 6
NOTICE OF PUBLIC
NG
NOTICE IsheArebygiven to all
Interested persons that the Cl-
ty Council of the City of South-
lake Texas,will be holding a
public hearing during the
Ft bel Council hed on Dmbr ,
1991,at 7:00 p.m.,Southlake _...___...._...._._______....,_._.r_.....,....,
City Hall 667 North Carroll
Avenue,southlake,Texas.
Purpose of the hearing Is to .,..._.__,......_..„._.... ..,......,._. ... _._.,....,.,,,, ......
_.. consider the second readingof .,..,...,_.,,.,..,_
..... _._..____......w,_.....__.._._._.,_....,._
the following ordinance:
CITY OF SOUTHLAKE,
TEXAS .,____- _ ., v.w.._.___,___,.._...__.
ANDIN Ogi?1
INANC6E
I-SG RN TO BEFORE ME , THS THEE 9 DECEMBER, 1991
CITY OF SOUTHLAKE NOTARY P U E L •
TEXAS GRANTING /L .._.....___._____.....tea_ _� � .. ....... ...__..._,...,._._....
ZONING CHANGEONA ..__..... v_ i`
CERTAIN TRACT OR
TRACTS OF LAND
WITHIN THE CITY OF TARRANT COLNTY, TEXAS
SOUTHLAKE TEXAS y�- •,..y..e,, ,.: ,r,,c•�,%*.!+
BEING A NROXT `` +,
MAYFLY A 7.5 ACRE tiP . J1111'J! 1. SPENCER
TRACT OF LAND OUT
OFTHEJOHNA.FREE- co:'
MAN SURVEY AB- _.._.-_,.k__, gz: ..y
STRACT NO.529 MORE . , J' �
COMMONLY KNOWN jN� �;
ASPORTIONSOFLOTI 'r's, t_' 1ANJARY 28, 1995
MIRON ADDITION , r.-•....••E_
ANDLOT28SGORBETT _----- 4th- >' ..---.--. __-.�_.-,.,.._..
ADDITION ANDMORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
A"FROM"C-2"COM-
MERCIAL-2 ZONING
BUD i slra�Ess s's-i. ING THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -� ,
PARK ZONING DIS- '—
TRICT SUBJECT TO
THEp SPECIFIC RE-
TAINEDINTHSORD- REMIT TO : 400 W . SEVENTH, FW, TX 76102
NANCE•CORRECTING
PortlTHE OFFICIAL ZON-
ING MAP• PRESERV-
ING ALL OTHER POR-
TIONS OF THE ZONING Y�yS�YyYYyyY�YyyYy�yyyyy
ORDINANCE.;DETER- ar-Telegram nEMIT i O: Y' ?"'V.`L`IC77C`970Y34`+`F'F7W'1`Mi-Ki"I`�X?�5`76197
MINING THAT THE
PUBLIC INTEREST,
679 MORALS ANDWELFA E NDE- ACCOUNT CIT57 AMOUNT 38 . 00
MAND THE ZONING NUMBER DUE
CHANGES AND
AMENDMENTS 1
HEREIN MADE; PRO-
VIDINGTHATTi4ISOR- PAGE F
DINANCE SHALL BE
CUMULATIVE OF ALL
VIDINGASEVE'RABIL-
ITY CLAUSE,PROVID-
ING A SAVINGS
FORUPUBLICATIONrIN
PAPER ANDPROVIID
ING AN EFFECTIVE
DATE.
Section 7.Any'arson fig m
d�e�aooinii' a°I' ofTHLAKE ORIGINAL
ref uses to yw"ova ORIGINAL resists the enforcement of L L A V E PLEASE PAY 38. 00
ordmar the shall'be line not T X 7 6 0 9 2-8 8 9 8 THIS AMOUNT
more than Two Thousand
Dollars (12,000.00 for each
offense.Eachday mataviola-V D Y L E G R A N D
coon a separamitted te offense.ff n ist shall
constitute
City of Southlake
Sandra L. -.Grand PLEASE WRITE IN AMOUNT ENCLOSED
City Secretary`