480-080CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-80
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 32.479 ACRES OF LAND OUT OF THE HIRAM
GRANDBERRY SURVEY, ABSTRACT NO. 581, BEING A PORTION OF
TRACTS 2 AND 2C AND ALL OF TRACT 2B, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL AND "C-2" LOCAL RETAIL COMMERCIAL TO "SF-
20A" SINGLE FAMILY-20A RESIDENTIAL; 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" Agricultural and "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
siqns 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:
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 32.479 acres of land out of the Hiram
Grandberry Survey, Abstract No. 581, being a portion of
Tracts 2 and 2c and all of Tract 2b, and more fully and
completely described in Exhibit "A," attached hereto and
incorporated herein.
From "AG" Agricultural and "C-2" Local Retail Commercial
to "SF-20A" Single Family-20A Residential 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.
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 from and after its passage and publication as required by
law, and it is so ordained.
AND APPROVED on the 1st reading the ~ day of
1993 .
~ .' /ix
"" ............. '"' :
'"...,, t,,,,,
C~TY' SECRETARY
AND APPROVED on the 2nd reading the /~ day of
1993 .
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'"'"'"" "'~ ~ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
E F F E CT I VE: ~?~/~j~,~ >~
FIELD NOTES
Being a 32.479 acre tract of land situated in the Hiram
Granbeery Survey, Abstract No. 581, Tarrant County, Texas.
Said 32.479 acres being a portion of that certain Marvin G.
Kennedy tract as recorded in Volume 4508, Page 461, Deed
Records Tarrant County, Texas. Also being all of that certain
Delbert B. Lawry tract as recorded in Volume 3730, Page 579
and a portion of that certain Conner Lam tract as recorded in
Volume 7695, Page 1366, said Deed Records. Said 32 479 acre
tract being more particulary described by metes and bounds as
follows;
BEGINNING at a 5/8 inch iron rod w/cap stamped "Carter &
Burgess",set, and being the northwest corner of the said
Delbert tract and the southwest corner of that certain State
of Texas tract as recorded in the Agreed Judgement in Volume
10259, Page 0963 sa~d Deed Records. Also being in the
southerly right-of-way line of F.M. Highway No. 1709;
THENCE S 87°55'09'' E, along the said right-of-way line 211.38
feet to a 5/8 inch iron rod, found, being the northwest
corner of the said Conner Lam tract;
THENCE S 02o18'38" W, along the west line of said Conner Lam
tract and the east line of the said Delbert tract 200.00 feet
to a 5/8 inch iron rod w/cap stamped "Carter & Burgess",set;
THENCE S 87°55'21" E, 314.34 feet to a 5/8 inch iron rod
w/cap stamped "Carter & Burgess",set. Being in the east line
of the said Conner Lam tract and the west line of that
certain Richard A. Reutlinger tract as recorded in Volume
6765, Page 807 said Deed Records;
THENCE S 01°17'10" W, along said west line of Richard A.
Reutlinger tract 1731.15 feet to a 5/8 inch iron rod w/cap
stamped "Carter & Burgess",set, Being in the north line of
that certain William E. Lafavers tract as recorded in Volume
6095, Page 25, said Deed Records;
THENCE N 88°19'02'' W, along said north line 345.31 feet to a
5/8 inch iron rod, found, being the southeast corner of the
said Delbert tract~
THENCE N88°17'04" W, 210.40 feet to a 5/8 inch iron rod,
found being the southwest corner o[ the said Delbert tract
and the southeast corner of the said Marvin Kennedy tract;
THENCE N 88°40'32" W, along the south line of the said Marvin
Kennedy tract 273.14 feet to a 1/2 inch iron rod, found being
the southwest corner of the said Marvin Kennedy tract and the
northwest corner of that certain Mark L. Struhs tract as
recorded in Volume 9131, Page 1681 said Deed Records, said
iron rod also being in the east line of that certain Timber
Lake Section 1 Addition, an Addition to the City of Southlake
as recorded in Cabinet A, Slide 485, Map Records, Tarrant
County, Texas;
THENCE North, along the east line of the said Timber Lake
Section 1 Addition, 1445.60 feet to a 5/8 inch iron rod w/cap
stamped "Carter & Burgess",set;
THENCE S 87o55'09" E, 330.64 feet to a 5/8 inch iron rod
w/cap stamped "Carter & Burgess",set, being in the common
line of the said Marvin Kennedy tract and the said Delbert
tract;
THENCE N 02o16'52'' E, along said common line 493.67 feet to
the POINT of BEGINNING and containing a gross area of 32.479
acres, 1,414,774.50 sq. ft. of land of which 0.48 acres is
in the pond located on subject property and 1.2 acres is in
the approximate 100-year flood boundary, leaving a net 30.799
acres of land, more or less.
tort Worth tar1ëIegrarn _
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 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 AMOUNT
JAN 2217003771 CL . 358 1X83 L 83 . 40 33.20
CITY OF SOUTHLAKE, jan 22
OR D I NANCEANO.480-80
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THECOM-
D NA CEOFTHECITYOF
GRANTING EA TEXAS,
TRCHACTEORNTRACTS OF
OFLA D SOUTHLAKE,_OUTHLAKEHTEXAS
BEING APPROXIMATELY
332.479ACR ESOF LAND OUT
BERRY SIURVEY, AB-
STRACT NO.581 BEING A
PAND2CANDA�OF TRACT
2B, AND MORE FULLY SIGNED / I /
M /
E'AGE AGRIC"A" AND SWORN TO BEFORE ME , THIS THE DA ' OF
COMPLETELY DE- 22 22
4L AND "C-2" LOCAL NOTARY PUB
I�D V7:, 1993
„ryL+AISF20AMENGLE
FAMILY-20A RESIDEN- ', _C _TIAL SUBJECT TO THE
SPECIFIC REQUIRE- TARRANT COUNTY,
MENTS CONTAINED IN r4""‘
�,y...�'` �� ��
THIS ORDINANCE COR-
RECTING THE OFFICIAL �1 {�THRY� r IVZONING MAP PRESERV- C�ING ALL OYHER POR- s. rt�1Q11,,,.1[!ip l`s...4)
TIONSOF THE ZONINGOR- d'.i ` . �11v1.,,,i,..
DINANCE-DETERMINING ;.f�� .15
"
THAT THE`PUBLIC INTER- fjN�- ;•� O,
EST MORALS AND GEN-
ERAL +� '6i 7 'I`U' j1
A WELFARE AZONING 9�<..�_;"= +y';✓'�'z"�"✓s_r =�.o
CHANGES AND AMEND- --- - - f0.q,yca �
MENTS HEREIN MADE,-
PROVIDING `
C NI SHALLT , f
CUMULATIVE OF ALL JJ'wJ"QV/
OR-
DINANCES,-PROVIDING A
SEVERABIITY CLAUSE;
PROVIDING VIOLATIONS TEAR ALO G THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
SAVINGS CPROVIDINGA O
PRO-
VIDING FORH OFFICIAL
NEWSPAPER. AND PRO- REMIT TO : 400 W . SEVENTH , FW , TX 76102
VIDING AN EFFECTIVE
DATE.
Section 7.Any person,firm or L r�^ , ,p ,�y�p y� {
rcorpoys,ration o violates,dl- PEN Ti T TC: 1* , in X X, X !�'x A9C%�FX X`X,X X X X
omits,neglects or re-.
s to comp Iy with who
tstheenforoernentofany
Provisions of this ordl Star-Telegram ,
ACCOUNT AMOUNT 33 . 20
ce shall be fined not more NUMBER C I T 5 7 DUE
inan Two Thousand Dollars
(S2,000.00) for each offense.
EEach day that a violation is
permitted toexist shal l consti- 1
tute a separate offense. ]�
PASSED AND APPROVED PAGE OF
IN SECONDREADINGTHIS
THE 19TH DAY OF JANU-
ARY 1993.
GaMary go rFlc of kSou th lake
ATTEST:
Sandra L.LeGrand
City Secretary
Approved as to form:
E.Allen Taylor,Jr.,
:IN Attorney
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 33 . 20 1
SOUTHLAKE TX 76092-8898 TIPLEASEPAY ON
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tort Worth tarFeIegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 _
-HE STATE OF TEXAS
)unty 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 AD SIZE TOTAL/LINE RATE AMOUNT
JAN 0 6996844 CL . 358 INCH 1X98 L 98 . 40 39. 20
NOTICE OF PUBLIC Jan 8
NOTICE HEARING
P . O . # 4 8 0-8 0
interested Ygiventoan
ty Council of the City ofo the C i-
lake Texas,will beholding a
public hearing during the
Regular City Council meeting
tobeheldon Janu ,
aryv 19 1993 at 7,00 .m. Southlake City
Hall,667 North Carroll Ave-
nue,Southlake,Texas.
Purpose of the hearing Is to
consider the second readingof
the following ordinance;
CITY OF SOUTHLAKE,
ORDINANCEANO.480-80
AMENDING
MENDED,HE000M SIGNED
DNANCEEOFOTHE AND SWORN TO BEFORE ME , THIS THE ,14Th DAY OF JAN 1993
V OF SOUTHLAKE NOTARY PUBLIC _ '------
ZONINGw �, ]7
KAS GRANTING A S `
CHANGE ON A etZ q_�
TRACTS OFALAND
SOUTHLAKE„ EXAS TARRANT COUNTY, EXAS
BEING APPROXI-
MATELY 32.479 ACRES
OF LAND OUT OF THE e �'f .P J l
HIRAM GRANDBER- ,qp,• u'%', KAII-RYN J. SPENCERR Y SURVEY AB-
PP
STRACTNO.581 BEING � �/:'3 S t ISSfONEXPIRES
APORTIONOFYRACTS ` • 'COM
2 AND 2C AND ALL OF 14•/\ 1 JANUARY 28, 1995
FULLTYBANDD MORE tN;;NA��
DE-
SCRIBEDP IN EXHII '
"A"FROM"AG"AGR(-
CULTURAL AND"C-2"
LOCAL RETAIL COM-
-- MERCIAL TO"SF-20A"
SINGLE FAMILY-20A --TEAR ALO THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
R EQUI R EME NTS CON
TAI,NED IN THIS ORDI-
THECOFFIICIALCZON REMIT TO : 400 W . SEVENTH, FW , TX 76102
ING MAP, PRESERV-
ING ALL OTHER POR-
FTIONS OF THE ZONING
ORDINANCE; DETER- n�•rP,IT��, �, sp901k.sF�R?sWpfyT�/IVT&XA6Z6�103�-2051
MINING THAT THE !l T R7�/C!',1C/ln/�1Cllll/l/l/l
AL WELFAREDE- Star-Telegrarri
MORALS AND GENER-
MAND THE ZONING ACCOUNT AMOUNT
CHANGES AND NUMBER (ITS? DUE 39 . 20
AMENDMENTS
HEREIN MADE; PRO-
VIDINGTHATTHISOR- 1
DINANCE SHALL BE
CUMULATIVE OF ALL PACE
ORDINANCES- PRO-
VIDING ASEVERABIL-
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
17.Any person firm
,ration who violates,
omits, neglects or
ocomplywithor who Y OF SOUTHLAKE ORIGINA
teenforcementof any
oi ,,e provisions of this ordl-t N C A R R 0 L L A V E 39 . 20
PLEASE PAY ►
nance shall be fined not more
($th2000.001forueach°Dollars ITHLAKE TX 76092-8898 THIS AMOUNT
ermineEach y that a violation isA T T N : SANDY L E G R A N D
permlttedtpexi5l shall consti-
tute a separate offense.
City of Southlake
Sandra L.LeGrand
City Secretary
PLEASE WRITE IN AMOUNT ENCLOSED