480-067CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-67
AN ORDINA/~CE AMENDING ORDINANCE NO. 480, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE,
TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACK OR
TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS, BEING
APPROXIMATELY 5.43 ACRES OUT OF THE JOHN A. FREEMAN
SURVEY, ABSTRACT NO. 529 AND BEING LEGALLY DESCRIBED AS
PORTIONS OF LOT 1, MIRON ADDITION AND LOT 2B OF THE
GORBUTT ADDITION AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "C-2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "S-P-2" SITE PLAN 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 ANDAMENDMENTS 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 "C-2" Local Retail 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,
%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:
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 5.43 acre tract of land out of the John
A. Freeman Survey, Abstract No. 529, being legally described
as portions of Lot 1, Miron Addition and Lot 2B of the Gorbutt
Addition, and more fully and completely described in Exhibit
"A" attached hereto and incorporated herein.
From C-2 Local Retail Commercial District to S-P-2 (Generalized)
Site Plan District allowing any use in the B-2 Commercial
Manufacturing District except the following:
25.2a(2) Auto painting facilities.
25.2a(3) Automobile and motorcycle sales/rental.
25.2a(4)
Automobile repair/service; muffler shops; oil and
lube shops.
25.2a(5) Boat sales, service, repair; recreational vehicle
sales.
25.2a(6)
Builder's supply, stores, outlets; all materials
contained within the building.
25.2a(7) Bus Station.
25.2a(10) Farm implement sales and service.
25.2a(18) Retail activity of a service nature.
25.2a(19) Retail uses related to the principal uses.
The above-described tract of land shall be further subject to the
development regulations set forth in the B-2 Commercial
Manufacturing District and any other restrictions and requirements
set forth on the approved concept plan attached hereto and
incorporated herein as Exhibit "B." A revised concept plan meeting
the requirements of Section 41 of the Comprehensive Zoning
Ordinance Must be submitted to and approved by the city Council
prior to issuance of any building permits.
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,
morales 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 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.
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 affection
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 provision, 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 ~ day
ATTEST:
~ld ~EC~ETARY
of
SSED AND APPROVED on the
, 1992.
2nd
reading the ~ day
of
ATTEST:
/CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
ADOPTED'-'
EFFECTIVE:
tort 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 AD INVOICE NO. DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
MAY 08 6867295 CL . 358 1X92 L 92 . 40 36. 80
May 8
1358 Legal Notices P . O . # 480-67
CITY OF SO T LAKE,
TEAS
ORDINANCE NO.480-67
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED THE COM-
PREHENSIVE ZONING
ORDINANCE OF TE
CITY OF SOUTHLAHKE
Ch
TEXAS• GRANTING ,(
ZONING CHANGE ON A
CERTAIN TRACT OR
TRACTS OF LAND
WITHIN THE CITY OF
BEINGA TEXAS
APPROXI-
MATELY 5.43 ACRES / .............
OUT OF THE JOHN A.
�STRACTNNO SURVEY_,
SIGNED
AS LE AND MORE �I S T H E
INSOF LOT I MIRON n 12Th D A i Of ('Y 1992
�DITIONANd LOT 28 D SWORN TO BEFORE ME T. NOTARY PUBLIC
RIBED AS POR-
OF THE GORBUTT AD-
DITION A __ .
FULLY AND COM-
PLETELY ��
SI N EXHIBIT TARRANT COLNTY, TEXAS
"A" FROM "C-2" LO
CALRETAILCOMMER-
CIAL DISTRICT TO"S-
jOSTHUIR ICT SU CON- ,_ lse�tso®qe,
ECSPECI,FIGERE _...._..__.._.. i-tJiTitThlt J t i_a 11_• .
11AINEDIN THIS ORDI- 1 e
NANCE-CORRECTING /n� II
��, � CJ '.IJ�1'[11'
THE OFFICIAL ZON- 9 ,
ING MAP• PRESERV- 1 1 ) .:
ING ALL ETHER POR- - 1 ��
TIONS OF THE ZONING
ORDINANCE• DETER- 4P1)
�aw"bAlry�o,.,.
MINI%G TFIAT THE
PUBLIC INTEREST,
ALORWESSSL AREENDEE- -TEAR ALON THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
MAND THE ZONING _-�A
CHANGES AND
AMENDMENTS_
MAD ; PRO-
VIDINGTHATTHISOR- REMIT TO : 400 W . SEVENTH , FW, TX 76102
DINANCE SHALL BE
CUMULATIVE OF ALL
ORDINANCES: PRO-
,' VIDINGASEVERABIL-
HEREOF;
; P PROVID- REMA rC: P.. FXd(( �(1 5XXXXXN0040 �{,`( (�0 1-2051
INGFORAmmi.Y tStar-TelegramFOR VIOLATIONS
HEREOF; PROVIDING
A SAVINGS CLAUSE; ACCOUNT
PROVIDING FOR PUB- NUMBER C I T 5 7 AMOUNT DUE 36 . 80
LIGATION IN THE F-
FICIAL NEWSPAPER,.
AND
FFFECTIOVE PROVIDING
1 1
Section 7.Any person firm PAGE OF
or corporation who violates,
disobeys,omits, neglects or
refuses to comply with or who
resists theenforcementof any
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars
($2 000.00) for each offense.
Each day that a violation Is
permitted toexi st shall consti-
tute a separate offense.
SED AND APPROVED
ECONDREACINGTHIS:5ihDAYOFMAY,1992. F SOUTHLAKE ORIGINAL
y Fickes,
,, or ofSouthiake CARROLL AVE
Sandra L.LeGrand, PLEASE PAY 36 . 80
FINSecretar `AKE TX 76092-8898
roved as to form: THIS AMOUNT
.AIieetornerrJr"
TN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram ***INVOICE/AFFIDAVIT***INVOICE/AFFIDAVIT***
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
• r
0 STATE OF TEXAS
my 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 AD INVOICE NO.! DESCRIPTION AD SIZE I TOTAL I RATE AMOUNT
Wat.
APR 25 6860287 CL . 358 1X87 L 87 . 65 56 . 55
Apr 25
I P . O . # 480-67
NOTICE OF PUBLIC
HEARING
NOTICE is hereby given to all
interested persons that theCi-
tv Council of the City of South-
lake Texas,will be holding a
pubic hearing during the
Regular City Council meeting
to be held on May 5 1992,at ._._. _-. ___ _f...
7:00p.m. Southlaketity Hall,
667 Norfh Carroll Avenue,
Southlake,Texas.
Purpose of the hearing is to
consider the second reading of UI
the following ordinance: /•
CITY OF SOUTHLAKE, .....- _... _._. -........ V`-� P
TEXAS I
41)
ORDINANCE NO.480-67
AMENDING ORDINANCE
SIGNE V
AENDE NO.D,THEOCOM JD SWORN—TO BEFORE ME, Tr!II-THE------! 28i 11 F L, 1992
EINANC7E ZONING
RDINANCE OF THE NOTARY 7 ELIC
ITY S, SOUTHLAKE,A
TEXAS GRANTING A �- - "- _-'--- ----
ZONING CHANGE ON A
CERTAINACS OF LAND TARRANT COLNT , TEXAS
WITHIN THE CITY OF
SOUTHLAKE TEXAS,
BEING APPROXI-
MATELY '�— yam✓
5.43 ACRES '9.'„-".,�ws
OUT OF THQ JOHN A. �'w Pug,h+ KATtIRYN J. SPENCER
FREEMAN SURVEY � '• ••.lie
ABSTRACT NO.529AN[S �? +' COMMISSION EXPIRES
BEING LEGALLY DE- .i
4,40
SCRIBED AS POR- +� 1995
TIONSOFLOTI MIRON #r+i°i'.• 'P' JANUARY 28, 0
ADDITION AND LOT28 +q �=
OF THE GOR BUTT AD- �;"�OF��
FDITIONULLY AND MORE ;.rv•�
FULLY AND COM-
AA)
SCRIBEDYIN EXHIBIT
CALRETAfILCDMMER TEAR ALON THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT - - JI
CIAL DISTRICT TO 'S-
P-2" SITE PLAN
DISTRICT SUBJECT
TO THE SPECIFIC RE-
QUIREMENTS CON- REMIT TO : 400 W . SEVENTH , FW , TX 76102
TAINED IN THISORDI-
NANCE CORRECTING
THE OFFICIAL ZON-
-
ING A/LLPOTHERS PR- um IV io 1X XXXX1yX � y
xEXXK7X1-2051TIONSOF THE ZONING
ORDINANCE; DETER-
PUBLN INTEREST 1 Star e eg ram
MORALS AND GENER- ACCOUNT CIT57 AMOUNT 56 . 55
AL WELFARE DE- NUMBER DUE
MAND THE ZONING
CHANGES AND
AMENDMENTS 1 1
HEREIN MADE; PRO-
VIDINGTHATTHISOR- PAGE OF
DINANCE SHALL BE
CUMULATIVE OF ALL
ORDINANCES- PRO-
VIDINGASEVERABIL-
ITY CLAUSE-PROVID-
ING FOR A PENALTY
FOR VIOLATIONS
iiiHEREOF; PROVIDING
A SAVINGS CLAUSE;
i
PROVIDING FOR PUB-
LICATION IN THE OF-
F D PROVIDING AN
FFEdrat South IVE lake
E. )F SOUTHLAKE ORIGINAL
ofS.LeGra
tl e L.LeGrand
tySecre'ary OD I Iv CARROLL AVE 56 . 55
SOUTHLAKE TX 76092-8898 PLEASE PAY
THIS AMOUNT ►
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED