480-078CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-78
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 5.45 ACRE TRACT OF LAND OUT OF THE L.H.
CHIVERS SURVEY, ABSTRACT NO. 300, TRACT 3A4, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL SUBJECT TO
THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING T~E 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 CI2%USE;
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" 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 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, th~ 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 SOUTHI2~KE, 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 5.45 acre tract of land out of the
L.H. Chivers Survey, Abstract No. 300, Tract 3A4, and
more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein. From "AG"
Agricultural to "C-2" Local Retail Commercial District.
48(I 7g/ORDlkb
I'ag¢ 2
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.
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 Sectipn 3.13 of the Charter of the City of Southlake.
Section 10.
effect from and after its passage
law, and it is so ordained.
This ordinance shall be in full force and
and publication as required by
PASSED AND APPROVED on the 1st reading the Q day
of
PASSED
AND APPROVED on the 2nd reading the // day
1992 .
............
'.. % ...' . ",,' ~%
' ." '
~, .. : : ATTEST:
% '. ...... ,.
~ITY SECRETLY
APPROVED AS TO FORM AND LEGALITY:
of
CITY ATTORNEY
ADOPTED:
E×HIBIT A
^GREEMENT OF LIMITED P^RTNERSHIP
D/FW-WHITE CHAPEL TWO, LTD.
ii ~ESCRIPTION OF THE PROPERTY
Being a tract of land out of the L. H. CHIVERS SURVEY, Abstract No.
300, in Tarrant County, Texas, about 4-1/2 miles Northwest of Grape-
vine, Texas, and being a part o~ an 80.3 acre tract as recorded in
Volume 935, Page 97, Deed Records, Tarrant County, Texas, and being
described by metes and bounds as follows:
BEGINNING at an iron pin in the East line of County
(White Chapel Rd,), said point being 25.0 feet East
corner of the above mentioned 80.3 acre tract;
Road No. 3016
of the Northwest
THENCE S. 00 degrees 14 minutes E. 604.72~feet along the East line
of said County Road to a concret~ monument in the R.O.W. line of
State Highway No. 114;
THENCE S. 31 degrees 11 minutes E.
to a concrete monument for corner;
THENCE S. 62 degrees 09 minutes
to an iron pin for corner;
THENCE N. 00 degrees 06 minutes
Corner;
128.63 feet along said R.O.W. line
259.56 feet along said R.O.W. line
717.46 feet to an iron pin for
THENCE N. 89 degrees 54 minutes E. 131.13 feet to an iron pin for
COrner;
THENCE N. 00 degrees 17 minutes W. 118.8 feet to an iron pin in the
North line of the above mentioned 80.3 acre tract;
THENCE S. 89 degrees 56 minutes W. along said North line of said
~0.3 ac~e tract 427,85 feet to the POINT. OF BEGINNING and containing
5.45 acres of land.
427~5'
5.4 5 Acres
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared CAL RILEY
Wrth
Star-Telegram, published by the Star-TelegramgIncc. atlFortfor Worth, inthe Fort 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 :
TOTAL
AD SIZE RATE AMOUNT
N 0�`Tip6 6` . �`��9N N a .o v 3358 DESCRIPTION wcwu CH/LINE . 40
4 0 3 6
I
1X92 L 92 80
1358 Legal Notices
P. O. # 480-78
NOTICE OF PUBLIC
HEARING
NOTICE is hereby given to all
interested persons that the Ci-
ty Council of the City of South-
lake Texas,will be holding a
pubic hearing during the
Regular City Council meetingg
to be held on November 17,
1992.at 7:00 p.m..Southlake -
City Hall 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing is to
consider the second readingof
the following ordinance:
CITY OF SOUTHLAKE,
ORDINATEXAS
N C DNNAN 480-78 // / _......................................
AMENDING ORDI- SIGNED ctNAENDED,THEOCOA JD SWORN TO BEFORE ME , THIS THE
HENSIl7E ZONING 1 3Th Y 4F N MBER, 1992
IOFSO H THE NOTARY PUBL
-CADS-GRANTING A
CERTAIN NHTRACTOOR
TRACTS OF LAND
WITHIN THE CITY OF ARRANT COON T AS
SOUTHLAKE TEXAS �.1•�.`
BEING APPROXI-
MATELY A 5.45 ACRE e.:.,
1Par '�►•csw•�'a4'o.�o,t,.�_.�.. �OF TH L LAND OUT '"` i� KATIJRYN J. SPENCEROF THE L.H. STRACT ' VSURVEY, ABSTRACT \�iHIVERS
NO. 300, TRACT 3A4 � rC AAND ND COMPLETELY / 4 /`,+Ps OMMISSION EXPIRES
DtEgSC�'AB F❑ '/�"••eC- 0. ,F,,o ,;= JANUARY 28, 1995 0
•
AGt lCULTLJ AL Tb
C-2" LOCAL RETAIL
COMMERCIAL SUB-
JECTTOTHE SPECIFIC
REQUIREMENTSCON-
TAINED IN THIS ORDI-
NANCE,-CORRECTING
CZO N
ZON-
ING MAP PRESERV- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-,y
ING ALL OTHER POR-
TIONS OF THE ZONING
ORDINANCE; DETER-
MINING THAT THE REMIT TO : 400 W. SEVENTH, FW, TX 76102
PUBLIC INTEREST,
MORALS AND GENER-
AL WELFARE DE-
MAND THE ZONING[
XX �pp�
CHANGES AND in
g( �CT�y X X X p
AMENDMENTS I'thStar-Telegram F'�M'1 ,`,• t,� i /�7{T7� llS76101-2051
HEREIN MADE; PRO-
VIDINGTHATTHISOR-
CUMULDINANATIVE
E SHALL BE ACCOUNTC I T S 7 AMOUNT
CUMULATIVE OF ALL 36. 80
ORDINANCES. PRO- NUMBER DUE
VIDNGA SEVERABILI-
TY CLAUSE; PROVIO- 1 1
ING FOR A PENALTY
FOR VIOLATIONS
HEREOF; PROVIDING PAGE OF
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 to comply with or who
resists the enfo rcement of any
of the prni'isions of this ord'.-
nance ?fined not more iF SOUTHLAKE
the r each Dollars ORIGINAL
Each r each offense. C A R R O L L AVE1
at a violation is - -
permit ioexistshallconsti-
tutyaseparateoffense. TX 76092-8898
City of Southlake .AKE E [PLEASE PAY lb,
3 6.8 0
Sandra` Lecrand •N: S A N D R A L E G R A N D THIS AMOUNT
City Secretary
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram _
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
'HE STATE OF TEXAS
runty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared SUE RUSSELL 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 Al - .' _ AMOUNT
NOV 20 6975941 CL . 358 1X85 L 85 . 40 34.00
Nov 20
CITY OF SOUTHLAKE,HLAKE, P . O. # 480-78
ORDINANCE NO.480-78 '
AN ORDINANCE
AMENDING ORDI-
AMENDEDOTHEOCOM
COM-
PREHENSIVE ZONING
ORDINANCE OF THE
CITY OF SOUTHLAKE, - - - -
TEXAS GRANTING A
ZONING CHANGE ON A
TRACTSN OFA LAND
WITHIN THE CITY OF I
' SOUTHLAKE TEXAS
BEING A13PROXI-
MATELY A 5.45 ACRE
TRACT OF LAND OUT
OF THE L.H.CHIVERS '
I SURVEY,MORE FULLY
SIGNED 't---- �d
STRACT
i NO. 300, TRACT 3A4
ISTRABFROM'.U- 4ND SWORN TO BEFORE ME , THIS THE OTh D OF NOVE E , 1992
2I L.00ALTAI RREOL NOTARY PU C
COMMERCIAL
C ���._
RERQUIREMENTS :.
CONTAINED IN THIS
ORDINANCE, COR- TARRANT COLNTY, T A
RECTING THE OFFI-
CIAL ZONING MAP; ,` ,`,�,,`q,�,,�..y�,ey,�.�� a�0
PRESERVING ALL .��
OTHER PORTIONS OF =ay e ,
THE ZONING ORDI-
NANCE; fO1P GB�h KATHRYN J. SPENCER O
DETERMIN- �_. nti
INGTHT THE PUBLIC •� COMMISSION EXPIRES
INTEREST MORALS i
AND GENERAL WEL- �A��'1npV
FARE DEMAND THE ,♦.�''''• '-' ..JANUAR1 28 1995 +
ZONING CHANGES i, , Oil-d
HER AMENDMENTS �"1 ,r�y .
HEREIN MADE; PRO- `Q/�/�j /��,A/\'
VIDINGTHATTHISOR-
DINANCE SHALL BE
_ CUMULATIVE OF ALL - - ---
VIDDINGASEVERABIOL- —T AR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
ITY CLAUSE-PROVID-
ING FOR A PENALTY
FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; REMIT TO : 400 W . SEVENTH , FW, TX 76102
PROVIDING FOR PUB-
LICATION IN THE OF-
FICIAL NEWSPAPER
F FTOIDTEANhEFFECIVEA .
REwT e: 1' ' XI<XpXqp1XNygXIpXRINXpEX/ W1-2051
SectionAny Person,firm
or corporation who violates, Star� e e ram disobeys, omits,
wIM r who ACCOUNT AMOUNT
reshststheenfo
of the provisionss of of this
any NUMBER C I T 5 7 DUE 34 . 00
this ordi-
Hance shall be fined not more -than Two Thousand Dollars
L$2,000.00) for each offense. ]� 1
�EEach day that a violation is PAGE -OF
permuted toexi st shal l consti-
tute a separate offense.
PASSED AND APPROVED
"' ECONDREADINGTHIS
17th DAY OF NOVEM-
1992.
Gary Fickes,
Mayor of Southlake
A. I EST:
Sandra L.LeGrand,
City Secretary
Approved as to form:
E.Allen Taylor,Jr.,
City Attorney
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 34.00
PLEASE PAY Ilh,
SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED