480-092CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-92
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 2.5067 ACRE TRACT OF LAND OUT OF THE
HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 3J AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL TO "SF-lA" SINGLE FAMILY-lA 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
C:\CD\ORD\ORD480\480.92
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 2.5067 acre tract of land out of
the Hiram Granberry Survey, Abstract No. 581, Tract 3J,
and more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein.
From "AG" Agricultural to "SF -1A" Single Family -1A
Residential.
C:\CD\ORD\ORD480\480.92
Page 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. 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
C:\CD\ORD\ORD480\480.92
Page 3
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 ANI,
.:.
APPROVED on the 1st reading the
1993.
OR
T H L q "''••,,,
ATTEST:
L� day of
♦%. J i ♦ /
OMAN
APPROVED on the 2nd reading the day of
1993.
T HA .
o,
ATTEST:
p�prNtptl��►����`
Y SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: - .?
ADOPTED :�
EFFECTIVE: I&V4'J
C:\CD\0RD\0RD480\480.92
Page 4
EXHIBIT "A"
Being all that certain lot, !Erse*. or parcel of laud situated in
the H. GRA14BERRY SURVEY, ABS V ACT HO. 581, Tarrant County, Texas,
and being part of a 66 2/3 pere tract of land ronveyf•d to L.T.
Cathcart as recorded in Voume 527 Page 114, Deed Records,
Tarrant County, Texas, and being more particularly described as
follows;
-•BFGINNINC -at an ..i_ron_. lr�o. ._found .. for corner, said point being
called North 02' 00' Ekst, 516.84 feet from the Southsiesf e6fhCe:
of said 66 2/3 acre tract and being in the East line of a•certain
115 acre tract owned by Richard Reutlinger, same being the
Northwest corner of a, ;certain 1 acre tract owned by Gene F.
Davis;
THENCE North 01" 53' 50" East with the East line of said 15 acre
tract, a distance of 20,8,,.97 feet to an iron rod found for corner,
same being, the Southwest, corner of a certain 2.5 acre tract owned
by Wayne E. Howell;
THENCE South 87' 13' 05" East along the South line of said 2.5
acre tract, a distance,of 570.40 feet to an iron rod found for
corner in the West line' .6f South White Chapel Road;
THENCE. South 33' 42' S7," West, a distance of 21.23 feet to an•
iron rod found for an angle point;
THENCE South 22* 03' 00,^: West, continuing along the West line of
said Road, a distance .,-of 197.22 feet to an- iron rod found .for
corner, same being the "Northeast corner of said 1 acre tract;'"
-'!THENCE North 870 45' 00:,'11, West, with the North line of said 1 acre
tract, a distance of 491.21 feet to the PLACE OF BEGINNING and
containing 2.5067 acres'of land.
C:\CD\ORD\ORD480\480.92
Page S
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
•
Ti
STATE OF TEXAS
Ilty 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 :
CITY O T UTHLAKE,
ORDINA41O.400-92
AN O DINAN E AMEN -
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EE Oli AD SIZE TOTAL RATE AMOUNT
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BSCRIBED AND SWORN TO iitil IJ RTHN�DE. IS THE 10th DAY OF Sept 1993
111
R1JNAN4Atfi NOTARY PUBLIC
pNAN RVIOI A �yE
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TEAR ALONG THIS PE • y for h offense. RN THE LOWER PORTION WITH YOUR PAYMENTaday that a vlolatlon Is
permlttedtoexlst shal i consti-
tute a separate offense.
PASSED ANQ APP OVER
U FENR5I1tDOON REMIT TO : 400 W . SEVENTH , FW , TX 76102
/s/Gary Flckes
Fort Worth Star."fET// g :
2541973 Cl Secretary eGrand NUMBERACCOUNT C I T 5 7 A DUENT
•e' ; APPROVED AS TO FORM: 36 . 98
:', , ' {; ::' /s E.Allen Taylor,Jr.
ti f, City Attorney
4'
CITY OF SOUTHLAKE
Ill
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE TX 76092-9595 THISAMOUNT 36 . 98 1
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
ty of Tarrant
Il
efore 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 :
NOTICE OF TUC
NOTICEFIS HERBY GIV-
EN TO ALL INTERESTED
PER
of the City of Southlake,
'Iir� ofd Irwa public
�jif1S��Uflbg The R ular ---
/ ty Council meet n etqy be TOTAL
DATE AD INVOICE NO. DESCRI gld�o�Ser at�t�be dg i�tbo-' AD SIZE INCH LINE AMOUNT
AUG 27 2532457 CL . 358 Colnc�i6l7 CNohambers of
City 1X71 L 71 . 43 30 . 53
a u g 2 7 nue, Southlake, Texas. The
purposeofthe ublic hearing I
s toaconsider the following or-
din
CITY OF SOUTHLAKE,
OR D I NANCEANO.480-92
An ordinance amending Ordi-
nance No. 480 as amended,
the comprehensive zoning or-
dinance of the City of South-
lake,Texas;Granting a zon-
ing change on a certain tract
aor tracts of land wiitethii�ns;the Ci-
ppro5xiiumately A 2..5067acre
tract of land out of the Hira
Granberry Survey,Abstra
No.581,Tract3J andmorefu-
Iyanden
exhibit
tibitacel A o from AA"agri-single ^ C1551-A5Y‘k//
familythe sp-1ecific
residential menfS l 1
.,kicii.)
to the specific ential sublea �,C\
contained in this ordinance;
Illi correcting the official zoning-S THE 2 7 t h DAY O F August 1993
I : t Co Preserving allothermrtim et rm ingIthatng NOTARY PUBLIC
public Detofermheining that the
public Interest, morals and /
general welfare demand the i ( < C CY-
zoning changes and d-
meb s atthis rdinanmade; s ovid-
alibi TARRANT COUNTY, TEXAS
Ingthatthlsordinanceshall be
cumulative of all ordinances;
Providing a severability
lause;providing for a penal-
�nv P`3,, for violations hereof;Pro-
frti v ding a savings clause•Pro-
SDI v Ing for publication fn the
/•r S r vial newspaper,and pro-
, ���;Irky ding an effective date.
1 '• h oci(Section7.Anyperson,firmor
��� +' corporation who violates,dl-
-.. hU.,:F.>s sobeys,omits,neglects or re- -._.
fuses to comply with Or who
o sheer v nfor io°Vy-
of the provisions of Is ordl•
nance shall be fined not more
y�I than Two Thousand Dollars
�� J (S2,000.00) for each offense.
TEAR ALONG THIS PE pEea h day that a violation is RN THE LOWER PORTION WITH YOUR PAYMENT
r �GIszty p testtshise sff-
rres,Texas
andra L.LeGrand REMIT TO : 400 W . SEVENTH, FW, TX 76102
-- City sec---------___!retar
Eral i:J: J XV XAXXX f T IrXTX)AX Y6X01-2051�
Forttr-Tele
a
5Wsrh ra rn ACCOUNT
NUMBER CIT57 A M DENT 30. 53
1 I
PAGE OF
• CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 30. 53
SOUTHLAKE TX 76092-9595 IPLEASEPAY
A T T N: FAX THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED