480-086CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-86
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 2.85 ACRE TRACT OF LAND OUT OF THE THOMAS
M. HOOD SURVEY, ABSTRACT NO. 706, TRACTS A AND Al OF THE
BURGER ADDITION, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-1A" SINGLE
FAMILY RESIDENTIAL 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" 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
C:CD\ORD\480.86
Page 1
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 2.85 acre tract of land out of the
Thomas M. Hood Survey, Abstract No. 706, Tracts A and Al
of the Burger Addition, and more fully and completely
described in Exhibit "A," attached hereto and
incorporated herein.
From "AG" Agricultural to "SF -1A" Single Family
C:CD\ORD\480.86
Page 2
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. 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,
C:CD\ORD\480.86
Page 3
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
law, and it is
PASSED AND
PASSED AND
This ordinance shall be in full force and
after its passage and publication as required by
D ordained.
APPROVED on the
1993.
1st reading the �_ day of
OR
ATTEST:
TY SECRETARY
APPROVED on the 2nd reading the
1993.
OR
APPROVED AS TO FORM AND LEGALITY:
�r
CITY ATTORNEY
DATE:
% C*
ADOPTED:
EFFECTIVE:
C:CD\ORD\480.86
:cn
Page 4
1st reading the �_ day of
OR
ATTEST:
TY SECRETARY
APPROVED on the 2nd reading the
1993.
OR
APPROVED AS TO FORM AND LEGALITY:
�r
CITY ATTORNEY
DATE:
v -U/
z 7
ADOPTED:
EFFECTIVE:
C:CD\ORD\480.86
Page 4
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Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TIE STATE OF TEXAS
unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared 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 INCIVUNE RATE AMOUNT
JUN 18 2488032 CL . 358 1X65 L 65 . 43 27 . 95
CITY OF OU SHLAKE, June 18
ORDINN�NCCE•AO•No.48086 P . O . # ORDINANCE480-86
An ordinance amending ordl-
nance No. 480 as amended,
the cno4meprehens vezonlflgor-
lake Te of!,gamingp zoni of p
change on a certain tract or
tracts of landwithintheCityof
Southlake, Tea bein aD-
prCxlmately ate. acre ram
►O�.{f peodn SuurveY Absthoma t N .
706, tracts A�and Al of the
urggyer Additionp,, and more
scribed Ia�n eecxxuhibitl"A"frdoe�
1A lgingle'FamillayYl Reesiden-
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sublect to fhe sae
cific�r�equlirements contained
Ithe officialinzzappnnni g mrr ore- S I G N E T
errignirving alar angtecr'4tei ND SWORN TO BEFORE ME , T IS THE DAY OF
ling that the public Inyteqr-
demandhheazoning NOTARY PUBLIC
nges and amendments
eln made;providing trial
raaidls ordinanceshnnallbecumu- TARRANT COUNTY , TEXAS
ividing a sevaraiAntyoe4seUSreo-
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at s hereof providing a
savings clause;providing for
publication inthpoffical news_
pa� andorovldinganeHac
SECTION 7
Any pern firm�n or rppoora-
tion whirviolates, disobeys,
omits neglects or refYses to
como(ywithorwhores ststhe
enforcement of any of the ro-
visions of this ordinance theft-et
be fined np_t more Ri T
Thousand Dollsarrs
e[[aaisavrhbliatoHlor�ilsAer Leda-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----,„
�P�assed and apptrovv�ed�ply}fpp�
City Council tithe 1eth day W
��net s REMIT TO: 400 W . SEVENTH , FW, TX 76102
roG y FI aes gg �y gpl�l t y y� �7y q �/1
Sandrtl nandTO:F'c
Apor vad as to faarrm:h
�a A;oStar-Telegram ACCOUNT AMOUNT
C'TODUJI. NUMBER CIT57 DUE 27 . 95
PAGE DF 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 27 . 95
PLEASE PAY SOUTHLAKE TX 76092-9595 THIS AMOUNT ,
ATTN : FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram .
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TiE 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 1 AD INVOICE NO. DESCRIPTION AD SIZE ' ' = RA I F AMOUNT
JUN 04 2477486 CL . 358 1 1X82 L 82 . 43 35. 26
NOTICE OF P Buc June 4
HEARIN P • 0 . # 480-86
NOTICE IS HER BY GIV-
EN TO ALL INTERESTED
PERSONS that the City Coun-
cil of the City of Southlake,
Texas,will be holding a public
hearing during44 the R Regular
City
in tthheCit Council hambe
--
bers of City Mall,667 North
Carroll Avenue, Southlake,
Texas.Thepurposeofthepub-
lic hearing Is to consider the
following ordinance: - — - -
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED THE LOM- f L e?-4-4-4-41-e--e,
../4PREHNSIvE
CITY
Op$$E GRANTING d AND '
""-ORD fti. GRACHANGE NANCE OF d SWORN TO BEFORE ME , T IS THE 16TH DAY OF JUNE, 19
2TAIN TRACT OR NOTARY PUBLIC_
4CTS OF LAND
HIN THE CITY OF nC.- _- .. ......... - _................_.
BEING KAPPROX 5
MATELY A 2.85 ACRE TARRANT COLNTY, TEXAS
TRACT OF LAND OUT
OF THE THOMAS M. NNAHtiOiwEi•P .v.:.ry
HOOD SURVEY, AB-
STRACT NO. 706 -. P✓B1r
TRACTS A AND Al DOF
I- a 4 KATHRYN J. . CER i
THE BURGER ADDI- S� jpp
TION AND MOR E FUL- ��'• COMMISSION DARES
LYAND OMPLETELY 4
DESCRIBED IN EX- ++
HIBIT"A"FROM"AG" 9i _ )ANUAP�Y Z8, 1��5
AGRICULTURAL TO
mac.. __.__.- ...............___
SF-lA"SINGLE FAMI- �c.c, 4. =�yoow°y^ -a-e�-it.,c-^.-'-
TRICTSSUBJECTDTO
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED coRRIEc°TDI-
ING -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
THE CH-FICIA.L ZON-
IN MAP- PkESERV-
IN ALL OTHER POR-
T] NS OF THE ZONING
ORDINANCE DETER- REMIT TO: 400 W . SEVENTH, FW , TX 76102
PUBLI INTEREST
MORAL AND AND GENER- T
AL WELFARE Dt- Ih Star-Telegram REMITTO- In
AMENDMENTS
HEREIN MADE; PRO
V I D I NG THAT TH IS OR- ACCOUNT AMOUNT
DI NANCE SHALL BE NUMBER (ITS? DUE 35. 26
CUMULATIVE OF ALL ,,, •'
ORDINANCES PRO
VIDINGA$EVERABIL r S5
ITY CLAUSE{.,PROVID 11 1
ING FORA PENALTY PAGE 4'
FOR VIOLATIONS �';..r ',
HEREOF; PROVIDING
A SAVINGS CLAUSE; ;{tls�"
PROVIDING FOR PUB•
LICATION IN THE OF-
FICIAL NEWSPAPER.
AND PROVIDING AN
city of Southlake,Texas
CeGrand
itydSecretary
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 35. 26
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED