480-083CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-83
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 3.0 ACRE TRACT OF LAND OUT OF THE A.
ROBINSON SURVEY, ABSTRACT NO. l131D, TRACT 6, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "SF-1A" SINGLE FAMILY-iA 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 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, 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 a 3.0 acre tract of land out of the
A. Robinson Survey, Abstract No. l131D, Tract 6, and more
fully and completely described in Exhibit "A," attached
hereto and incorporated herein.
From "AG" Agricultural to "SF iA" Single Family-iA
Residential.
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
fixed 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.
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
on the
PASSED AND APPROVED
1St reading the /~2 day of
ATTEST:
~ PA~SED AND APPROVED
on the 2nd reading the A' day of
ATTEST:
~TY SECRET~{RY
APPROVED AS TO FORM AND LEGALITY:
'FO: SOUTHLAKE CITY COUNCIL FROM: DAYLE BINDER
StlOWTIME FARMS
DATE: JANUARY 19, 1993 RE: CASE NO ZA92-70
It is with ~-reat sincerity that we at Showtime Farms come before the Southlake City Council to
exp]aia, in detail, the proposal for our farm. There are numerous misconceptions regarding the
plan, design, use and maintenance of the property, and we would like to address those concerns
herein and encourage inquiry from the members of the City Council.
First, let me describe Showtime Farms to you. It is a private farm where our clients board horses
to be trained and ridden by Paul Haunert, the ultimate goat of which is to show these animals at
AHSA rated hunter/jumper shows in this area and around the country. Our clients are a select
group of serious enthusiasts who choose the intimate, hands-on approach of a small training
environment to pursue their goals of equestrian excellence. Some horses are owned and ridden
by our customers who, under Paul's tutelage, compete at rated hunter/jumper shows. Other horses
are purchased as investments and their care, training, and show careers are entrusted
exclusively to Paul.
Having summarized the activity of Showtime, let me address some of the expressed concerns.
SANITATION - In the interest of the horses, the stalls are cleaned twice, sometimes three times
daily. Removal of the manure has been scheduled, on a regular basis, with an organic soil
company so as to preclude odor and unsightly build-up.
FLIES - An automatic fly spray system will be installed in the interior of the barn. This system
mists a very small amount of an organic fly spray compound into each stall periodically
throughout the day. This will eliminate any problem with flies and should alleviate any
concerns regarding the environment.
BUILDINGS - The main building xvill be located approximately 300' from the road (well over a
city block), and will have a beautiful, traditional brick facade enhanced with landscaping. The
light and airy design of the building will include 25 spacious stalls (in compliance with the city
ordinance limiting the number of horses), and immaculate aisleway, grooming and storage
Tim covered arena is an open-air building, the lights of which are recessed into the roof. There
will be no exterior lights installed on this building.
LIGHTS/NOISE/TRAFFIC - We operate, basically, during normal business hours; consequently,
there will be no lights on in the arena after 9:00 p.m., easily complying with the ruling of the
Planning and Zoning Commission.
Training and lessons are provided on an individual basis and only to our limited client base.
There is no "noise" which would be noticeable to the surrounding community. There will be no
microphones on the ffrounds. This is a private, exclusive facility. There will be no rentals.
Since our clients rely upon us to arrange for transportation of their horses, a commercial shipper
will occasionally (an average of once every two months), come to the farm to pick up or deliver
horses either going to or coming from some location, usually a horse show. The size of these
vehicles averages no larger than a school bus and is usually in the form of a duel-wheeled pick-
up truck with a gooseneck trailer.
In conclusion, it is our sincerest wish to make Southlake our home and to make our farm an
enhancement to the surrounding community. This farm is an expensive undertaking and since
the horses would be the most immediate occupants, the barn and facilities must come first. We
have no intentions of purchasing additional large blocks o£1and; our future plans include the
building of our home on the property. We want to be become an active, contributing member of the
Southlake community and wish to comply with City Council and local residents in any way
possihle in order to make this a reality.
to
7
ADJACENT OWNERS & ZONING
Fort Worth Sitar:telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
',County of Tarrant
Before me, a Notary Public in n for said County and State , this day
personally appeared SUE RL�S LL 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 :
•
V� CE NO DESCRIPTION
G^1 1_, ..ii' ,l- • AMOUNT
MAR 05 7027790 CL . 358 1X87 L 87 . 43 37. 41
_ Mar 5
CITY OF SOUTHLAKE, P . O . # ORD 480-83
ANDINAORDtINAN E
AMENDING ORDI-
NANCE --- -- -
NO. 480 AS
AMENDED THE COM-
PREHENSIVE ZONING
ORDINANCE OF IHE
CITY OF SOUTHLAKE,
TEXAS, GRANTING A
ZONING CHANGE ON A
CERTAIN TRACT OR
TRACTS OF LAND
WITHIN THE CITY OF
SOUTHLAKE TEXAS
BEING APPROXI-
MATELY A 3.0 ACRE
TRACT OF LAND OUT
OF THE A. ROBINSON Al
SURVEY ABSTRACT
NO. 1131b TRACT 6 SIGNED
, (a„.. ,,e,
AND MORE FULLY
AND COMPLETELY 16TY1 V ARC 1993
11111
DESCRIBED
ND SWORN TO BEFORE ME , THIS THE D OF
AGRICULTURAL To NOTARY PUBLIC S AGRICULTURAL
L TO
LY-1A RESIDENTIAL
SUBJECT TO THE SPE-
CIFIC REQUIRE-
D IN
THIS ORDINANCE; TARRANT COUNTY, TEXAS
THIS ORDINANCE;
CORRECTING THE OF-
FICIAL ZONING MAP;
PRESERVING ALL y��.�,��,.o,.v�yo,.Y,��,y4,�„�
OTHER PORTIONS OF ....z�
THE ZONING ORDI- p,Y.4" ��
NANCE DETERMIN- •'! )� KATHRYN J. SPENCER
INGTHATTHE PUBLIC
INTEREST MORALS f' ' ' COMMISSION EXPIRES
AND GENERAL WEL- 4N
FARE DEMAND THE ��';F •`•`its` JANUARY 28, I995 ZONING CHANGES ���......••�,_
0:$
AND AMENDMENTS ' L r
HEREIN MADE; PRO- •,�-
VIDING THAT THIS OR-
DINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PRO- AR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT -
VIDINGASEVERABIL-
ITY CLAUSE-PROVID-
ING FOR A PENALTY "
FOR VIOLATIONS
HEREOF; PROVIDING REMIT TO : 400 W . SEVENTH, FW, TX 76102
A SAVINGS CLAUSE;
PROVIDING FOR PUB-
LICATION IN THE OF- pF��1T T/l.
FICIAL NEWSPAPER; R
O� EFFFD ECTIOVEIDATE.AN tar-Telegrarri X c�`t` `R9ekx5R-5(`9E '�c 5(R71)?
1-2051
1 Section 7.Any person firm' ACCOUNT AMOUNT
or corporation who violates, NUMBER C I T 5 7 DUE 37. 41
disobeys, omits, neglects or
refuses to comply with or who'
res l sts the enfo rcement of any
of the provisions of this ordi-
nance shall be fined not more 1
than Two Thousand Dollars PAGE F
152,000.00) for each offense.
Each day that a violation Is
permittedtoexist shall consti-
tute a separate offense.
PASSED AND APPROVED
BY THE CITY COUNCILOF
THE CITY OF SOUTH-
LAKE THIS THE 2ND DAY
OF MARCH,1993
Gary Fickes,
Mayor of South lake
Attest:
Sandra L.LeGrand,
0
City Secretary
A'a°neK Olson form:
F SOUTHLAKE ORIGINAL
vAttorney bh f Iv CARROLL AVE 1
PLEASE PAY 37. 41
SOUTHLAKE TX 76092-8898 THIS AMOUNT ,
ATTN: SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star1'etegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
iE 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 :
1 TOTAL RAIL. AMOUNT
DATE AD INVOICE NO '. INCH/LINE
FEB 19, 7020241 CL . 358 1X92 L 92 . 43 39 . 56
NOTICE OF PUBLIC Feb 19
NOTICE Is herebN9G9 P . 0 # 4 8 0—8 3
interested persons that o all
ty Council of the City of South-
lake Texas will be holding a ppubuic hearCo tluring the
R esular City Council m 8g
to be held on March 2 1993,et
6 Wp.m. So thlakecityHall I
667 North Carroll Avenue,
Southlake,Texas.
Purpose of the hearing is 1p
consider the second readingof
the followin ordinance:
SOUTHLAKE F
ORDINANCE NOE4X80---83 J///�/•(
AMENDIN. 480, S .�17"
eu�yDED�HEOC`OM L 4_4ax-cP
ANCEEOFO TIRE SIGNED
DFOUTHLAKE, AND SWORN TO BEFORE ME , THIS THE 2222gg AY OF E UARY, 1993
S GRANTING A NOTARY PUBLIC
io CHANGE ON A CERTAIN TRACT OR
WITHINSTHEFCTY OF � �
SOUTHLAKE TEXAS ARRANT COUNTY, AS
BEING
MATELY A�PROXI
TRACT OF OUT
LAND OUT ��ti�`v.�owa✓or-��wv. �- r
SUOF THE A ROBINSON + ��iv.7�
SURVEY =aY °��
NO. 1131b TRACT 6 o�P ' "°', KAjNRYM J. SPENCER ABSTRACT +,
DESAND MODE FULLY (r2 yrCO'rtJ{fJSIOtd EXPIRES
ROMPLETELY 14 $
HIBIT•,IBED IN EX- s<
AGRICULTURAL O i ri. +�= JANUARY 28, 1995
AGRICULTURAL + \oc
LY lA"RESIDE RESIDENTIAL
cSUBJECT TOTTHESPE ' �-
M FIC REQUIRE-
THIS ONTgINEDIN
THIS ORDINANCE
F�RAL ZONING Amp: TEAR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
PRESERVING ALL
OTHER PORTIONS OF
NANCE- DING ORDII
IAND NTERESTHMORALs REMIT TO : 400 W SEVENTH, FW , TX 76102
FAREGDEMA L WTHE
AND AMENDMENTS REMIT TQ !► ,p.L1,BL1X JQSQSeF,OF�T�VyAEiTH.TFJCR$71Q1-2051
HEREIN MADE PRO- Star-Telegrani
1� J�7�VIDIN
ORDINDINANCE SHALL BE ��!!
ANCES• PRO ACCOUNT AMOUNT
VIDINGASEVE'RABIL 141 NUMBER CIT57 DUE 39 . 56
ivy?!CLAUSE PROVID-
ING FOR A USE,.
HEREOF.IOLATIONS 1
A SAVINGSROVIDING PAGE F
PROVIDING FOR PUB?
LIGATION IN THE OF-
FICNEWSPAPER•
ETVEIDEANEFFIAT
1
or ctiorationyperson firm
2zetyes,omIts who viorlat
fuses to comp) egletsorre.
resists iheenporc mentofany
of the provisions of this ordi-
nance shall ba sued not more
=athan 0. ;and Dollars
ch d each offense.
>ermitt, violation Is
uteafeouthake'shalllconsti- CITY OF SOUTHLAKE ORIGINAL
.andraL.LeGre'ense. 667 N CARROLL AVE PLEASE PAY 39 . 56
itv Secretarypo.
--/ SOUTHLAKE TX 76092-8898 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED