480-091 Ordinance.►
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-91
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 19.414 ACRE TRACT OF LAND OUT OF THE
R.D.PRICE SURVEY, ABSTRACT NO.1207, TRACT 3, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "S -P-2" (GENERALIZED) 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 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
C:\CD\ORD\ORD480\480.91
Page 1
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 19.414 acre tract of land out of
the R.D. Price Survey, Abstract No. 1207, Tract 3, and
more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein.
From "AG" Agricultural to "S-P-2" (Generalized) Site Plan
District for tropical fish distribution and related
ancillary uses.
C:\CD\ORD\ORD480\480.91
Page 2
The above-described tract of land shall be further subject to
the development regulations set forth in the "B-1" Business
Service Park 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,
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.
disobeys, omits,
the enforcement
fined not more
offense. Each
C:\CD\ORD\ORD480\480.91
Page 3
Any person, firm or corporation who violates,
neglects or refuses to comply with or who resists
of any of the provisions of this ordinance shall be
than Two Thousand Dollars ($2,000.00) for 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,
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.
PASSED AND APPROVED on the 61 ;YeOR!
readi he01 y of
-L
UZZALIL1993.
ATT ST:
CITY SECRETARY y
PASSED AND APPROVED on the;YeOR
reading t e �/ day of
1993.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
•� �,..,�R� I I Z
ADOPTED:
EFFECTIVE:
C:\CD\ORD\ORD480\480.91
Page 4
E)CgIBI"T "A"
BEING a tract of land situated in the R. D. Price Survey,
Abstract No. 1207, City of Scuthlake, Tarrant County, Texas, and also
being part of a 24.55 acre tract as called in a Warranty Deed as
recorded in Volume 7495, Page 1974 of the Deed Records of Tarrant
County, Texas, said tract being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 incl: iron rod found for corner in the East
Right Of Way line of White Chapel Road (County Rd. No. 3016), said
point being the southwest corner of said 24.55 acre tract;
THENCE North 35 degrees 06 minutes 00 seconds West following the
East Right Of Way line of White Chapel Road a distance of 834.91 feet
to a point, said point being at the beginning of a curve to the left
with a radius of 1580.00 feet;
THENCE along said curve to the left following the East Right Of
Way line of White Chapel Road through a central angle of 8 degrees 34
minutes 00 seconds and an arc length of 236.24 feet to a point for
corner;
THENCE North 43 degrees 40 minutes 00 seconds West following the
East Right Of Way line of White Chapel Road a distance of 96.91 feet
to a point at the northwest toner of said 24.55 acre tract;
THENCE North 89 degrees 10 minutes 00 seconds East following the
north line of said 24.55 acre tract a distance of 934.20 feet to the
northwest corner of a 5 acre tract recorded in Volume 564, Page 481
District Court 302nd Judicial District, Dallas County, Texas;
THENCE South 00 degrees 02 minutes 52 seconds East following the
west line of said 5 acre tract a distance of 392.00 feet to a point;
THENCE DUE EAST following the west line of said 5 acre tract a
distance of 549.95 feet to a point in the east. line of a said 24.55
acre tract, said point also heing the southeast corner of said 5 acre
tract;
THENCE South 00 degrees 02 minutes 52 seconds East a distance of
555,81 feet to a 1/2 iron rod found for corner at the southeast corner
of said 24.55 acre tract;
THENCE South 89 degrees 54 minutes 00 seconds West following the
south line of said 24.55 acre tract a distance of 788.12 feet to the
POINT OF BEGINNING and containing 645,681 square feet or 19.414 acres
of land.
C: .CD\0RD\0RD480\48D.91
P -_e 5 /j�
EXHIBIT "B" O
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p �
I C1
Fort Worth Star-Telegram 4,p4pds
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 s a�'ooSa
T STATE OF TEXAS g 41, i i .b " is:/ 14'
ty of Tarrant o � ,/,c£fpe, �
C �Pe�Q/��£�`Lp,£f v�Js�%�
Before me, a Notary Public in and for59 �e `//, ,)rI,rr � tMO',tid State, this day
personally appeared RITA CORONA � w t ,�'O`P,; ,Mo�`�ia1ist for the Fort Worth
Star-Telegram, published by the Star; `"�crgpsid, �1° r °S/z 4'at Fort Worth , in Tarrant
g , r /v)p/ S// i. d depose and say that the
County, Texas; and who, after being./� ��' °��s'/" �'
following clipping of an advertiser P. /tit/ 1v -4b/vned in the above named
paper on the following dates: i ke . !NPq,,�Q4�� see,
CITY.. (91 ,7,/f 0/.Piss£"uols9n
7f PJP/
41
DATE AD INVOICE NO. DESCRIPTION la • P Np; 't. $e( TOTAL
HTLINE RATE AMOUNT
AUG 20 2527548 CL . 358 ' ;f,€it Z0� %etfr�4s°N L 62 . 43 26.66
aug20
SIGNED '44j
SCRIBED AND SWORN TO BEFORE ME, THIS THE 25th DAY OF August 1993
NOTARY PUBLIC �I
TARRANT COUNTY, TEXAS
s -0. ,, SUE A,. RUSSELL
PI '`'�:.%COMMISS'iON EXPIRES
0.•"." 1.4:i OCTOBER 27, 1993
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-
REMIT TO : 400 W. SEVENTH, FW, TX 76102
Fort WorthStar-Telegram IT„). 11-2051
ACCOUNT AMOUNT
2527548 NUMBER CIT57 DUE 26 . 66
PAGE "'bF 1
S CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 HPAY ISASE AMOUNT , 26.66
ATTN: FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram 1 GV. LV. ili,J. LL LJ/JV 7J
AD INVOICE NO. 2527570
400 W SEVE•J7N STREET• FORT WORTH,TEXAS 76102
ACCOUNT NO. CIT57
STATE OF TEXAS
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared RITA CORONA 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
AUG 20 2527570 CL. 358 aug 20 1X62 L 62 ake-good 0 .00
CITY OFUpTHLAKE,
ORDINANCE NO.480-91
An ordlns amenediinnvg ordi-
tl encoomornehenslIaYysee onln vo :
dinance of the City of Sou1F1-
Iake Texas;granting a zoning
change on a cart In tra4cdt or
tractsof Iandwlthtn ttteCityof
Southlake, Texas being ap-
proxlmately A 19.414 acre
traccteof land out of the R.D.
1207'completely
traciv3,yand smore fullly
exhti�bit 'At froor�described1�( rl
izedd)stteot /ditri'(genble t
to the s Iflc requirements
containr1� in this ordinance;
correcting theofficial zoning GNED
ap;preservingalI other por-
t ons of the zoning4 ordinancCee;
determining that thepubl lc in-
terest, morals and general'
S SCRIBED AND SWORN TO BE RE hafngesandnam(endz enfs 7thDAY OF AUGUST , 1993
herein made;providing that
,pY P,7,, this ordinance shall be cumu-
4P.:...,r'ae,' C r II lative of all ordinances•pro-
6 ;;;±2; 199Zi
�c R.gSE1R vlding a severabllity Paussee
Ir ingfopenalto rvlo-lotary Public,IEXPIRE Iatiprovidd ng a
savings lause;Drovldln for
publication In the official
aper;and providing an TARRANT COUNTY, TEXAS
4�- a��� vQ date.
)�.0 7Y/ _ oorporatlon who violates,di-
sosbeeys omItss,,lneglects or re-
frusistst enforce ni towany
PLEASE PAY THIS ORIGINAL INVOICE • n me halt find 'sr„rdi.VITH MONTHLY STATEMENT. THANK YOU!
,00000)Tfoorr eacg 'Dollars
��TEAR ALONG THIS PERFOR each daaDy that a violetionsts LOWER PORTION WITH YOUR PAYMENT -
- Permitted to▪ tro eexxistt�sh�allll rEe-
VA'
&IN IV DHYitF
I HIS 1 1 h /
UGU 993.
Port Worth S ►
REMIT TO: 400 W. SEVENTH ST. • FORT WORTH,TEXAS 76102
ACCOUNT AMOUNT
2527570 NUMBER CIT57 DUE 0.00
IF ANY QUESTIONS, PLEASE CALL(817)390-7501
PAGE 1 OF 1
CITY OF SOUTHLAKE
S
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT ' NONE DUE
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
111111STATE OF TEXAS
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared RITA CORONA 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 AL INVOICE NC.'i DESCRIPTION AD S17F RATE AMOUNT
AUG 06 2519307 CL . 358 1X75 L 75 . 43 32. 25
aug6
P . O . # ORD480-91
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TKO ALLQIN �tINTERESTST�ED
ofEthe Cityof 5 ufhlake,Tex-
as, will be holding a public
hearing during the Regular
City Council�g meeting3 bteogbe
heiningg at 7 QO .m.theme meefinnp-
willbeheldIntt CltyCouncil
Chambers of ty Hail, 7
North Carroll Avenue,South:
lake, Texas. The ppuurpose of
the�W bexas.ringlstoconsld-
er ttr�followin ordinan ��wvV`J
CITYOFSO� tracr°E, SIGNED
TEXAS
SCRIBED AND SW( ORDINANCE0.48o-91 ME , THIS THE 9th AY OF AUGUST 1993
IllirAN ORDINANC AME NOTARY PUBLIC
ORDINAN ENO If-
ING _
AS AMENDED THE Qe
PREHENSIVELONINO�2- & f
DINANCE OF THE CIT vF ,j6z,"
SOUTHLAKE TEXAS•
GRANTINp9 A PONING� TARRANT COUNTY, TEXAS
CHANGET ORfJ TRACTS ApI F
LAND WITHIN THE CITY
OF SOUTHLAKE TEXAS s�
BEINGAPPRpXI/NATE`Y =02 ,, Sc
A 19.414 ACRE TRACT OF 10• •'J y� SUE A. RUSSELL
LAND OUT OF THE R.D. •` `' S COMMIS ON EXPIRES
PRICE SURVEY AB- �;.�
STRACT NO.1207 TRACT ��%
CApND MORE FULLY pAN �yi. '' OCIOBE1 LI, 1993
CREIBED IN EXHIBIT'A *�f +
FROM "AG" ialC
TURAL TO S-P-2 GEN TO -
ALIZED SITEg �PTLAN I -
-TEAR ALC EN-rRICTs soNATN j, Dp _ AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
RECTINGuTHE
ZONING MAP,. PRE§ R -
ING ALL OTER P -
TIONSOF THE Z NIN R-
TDINANCE•DETERMINING REMIT TO: 400 W. SEVENTH , FW, TX 76102
EST,THE
ANDNGEN-
ER4L WELFARE DDE
For MAND THE ZONING C CUNT ► In X 9(I*X f*��(V�(�xlj(MJ X1X1-2051
t CHANGES AND AMEND-
A
MENTS HEREIN MADE•
PROVIDING THAT THI gram
R I NANCE HAALL LL NUMBER, CIT57 I T 5 7 AMOUNT 32. 25
$UMULATILV�E F IDIN Rq-
PROVIID NIG FO CAAP N- DUE
ALTY FOR VIOLATI NS
HEREOF;AIG CLAUSE 1 P A )F 1
VIDING FOR PUuRL CA-
TION IN THE OFFICIAL
NEWSPAPER AND ROp-�
VIDING AN AFFECTIVE
ATE.
City of Southiake
Texas
sndrai Sec .LeGrand
re
tary
ID
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE PLEASE PAY 32.25
SOUTHLAKE TX 76092-9595 THIS AMOUNT ►
ATTN: FAXED
PLEASE WRITE IN AMOUNT ENCLOSED