480-093CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-93
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 6. 00 ACRE TRACT OF LAND OUT OF THE R.
PRICE SURVEY, ABSTRACT NO. 992, TRACT 4A, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "RE" RESIDENTIAL ESTATE 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" Agricultrual 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\ORD480\480.93
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 6.00 acre tract of land out of the
R. Price Survey, Abstract No. 922, Tract 4A, and more
fully and completely described in Exhibit "A," attached
hereto and incorporated herein.
From "AG" Agricultural to "RE" Residential Estate.
Section 2. That the City Manager is hereby directed to
C:\CD\ORD480\480.93
Page 2
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
disposition by the courts.
C:\CD\ORD480\480.93
Page 3
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.
APPROVED on the 1st
1993.
OR 10
reading the day of
ATTEST:
" x "'e !I.. � —x )
ITY SECRETARY
ED AND APPROVED on the 2nd reading the day of
► 1 C) p�fnn�n►►►►►i
50
:rte :cn
APPROVED AS TO FORM AND LEGALITY:
Wk,-eA-ton�
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
C:\CD\ORD480\480.93
Page 4
ATTEST:
1&/
C TY SECRETARY
EXHIBIT "A"
BEING A TRACT OF LAND OUT Or THE
R.D. PRICE SURVEY, ABSTRACT 992, DENTON COUNTY
TEXAS, AND BEING PART OF THE SAME TRACT OF LAND RECORDED JUNE 8. 1971
UNDER CLERK'S FILE NO. 7297, DEED
RECORDS, DENTON COUNTY, TEXAS, AND BEING DESCRIBED
AS FOLLOWS:
COMMENCING at the northeast corner
of a 10 acre tract also being the northwest corner of
said tract of land recorded in Clerk's
File No. 7297, Deed Records, Denton County, Texas.
THENCE South 89 degrees 49 minutes
East 205.55 feet to an iron pin found for the Place
of Beginning of tract being described.
THENCE South 89 degrees 49 minutes
37 seconds East 203.20 feet to a 1/2" iron pin
found for corner;
THENCE South 1 degrees 34 minutes
03 seconds West 1278.31 feet to a P—K nail set for
corner in the centerline of Bob Jones
Road;
THENCE North 89 degrees 48 minutes
15 seconds West along said centerline 202.25 feet to
a P—K nail set for corner;
THENCE North 00 degrees 50 minutes
01 seconds East 230.48 feet to a 1/2" iron pin
found for corner;
THENCE North 2 degrees 02 minutes
37 seconds East 1047.96 feet to the PLACE OF
BEGINNING and containing 6.00 acres
of land more or less.
C ACD\ORD480\480.93
Page 5
Fort Worth Star-Telegram
400 W.SEVENTH'STREET•FORT WORTH,TEXAS 76102
T E STATE O F TEXAS j iriy"thal'ftie'"� r,,,,,,,.
t y of Tarrant I andand enera Intere�r
�r�eral welfr,
I and ame dzp"In9 chancy
marls;Provltlimi,enis here;.
Before me , a NotaryPubl alnofd anllbe'tmUr 1 said County and State , this day
i^�gfoa.wtpcy ar,sr iovd; Bil .ling Specialist for the Fort Worth
personally appeared RITA ��,, �vl�orvl3e^�1561egram Inc . at Fort Worth, in Tarrant
Star-Telegram, published a elo�4�diglalrews�puapg
County , Texas ; and who , a , 'Wet-Me/ly sworn , did depose and say that the
following clipping of an °be�5amiisho;I0siSmdlr/ was published in the above named
fuses to Cpm IYwlth to or re-.
paper on the following dio;fhtstt,een>porcemhor,a
Yhanre shalllbeofined spit ordl-i
ts2 TW_9 Thousand Dojja�s
Each�t for each offense
permltialtn xtls}sha pffen is e..
iute a separate often ODns ti°nti-
City of Southlake
Santlra L. Texas
III „ Sec, LeGr ` AD SIZE TOTAL RATE AMOUNT
DATE AD INVOICE NO. DE Clty Secret2c4 NCHiu NE
-�I I-MOJ '• 4lJT ,wy✓a
s -7.1111L-4- Qsftlau 1X71 L 71 . 43 30 . 53
AUG 27 2532716 CL • 358 � � ��I a^
a u g 2 7 4 )IJOM Je c. +0I JOUJpp J I
a6JPI N{IM afflpy
SIGNS ► —9,..
BS'CRIBED AND SWORN TO BEFORE ME , T IS THExth DA OF —Piugus "I993
410
NOTARY PUBLICx_ ,_ _ CY--e,c..-td-e-e,..e7
�J
T RRANT COUNTY, TEXAS
„q 4le OCiOSER a. 1993
. \
a1 T v 0
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- -
REMIT TO : 400 W . SEVENTH, FW , TX 76102
For 0r t hStar-TelegramF�E��,,,-.,.�.: t..ACCOUNT AMOUNT
NUMBER C I T 5 7 DUE 30 . 53
1 1
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
• 667 N CARROLL AVE 30. 53
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
tiSTATE OF TEXAS
l 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 :
CITY OFT pSOUTHLAKE,
ORDINANCE NO.180-93
,4N ORDINANCE AMEN
ING ORDINANCE NO
A5 AMENDEp THE TOTAL
DATE AD INVOICE NO. D PREHENSIVE•fON AD SIZE INCH/LINE RATE AMOUNT
purmiE,Ae
NANCEOFlHE pp
XAS•SEP 10 2541983 CL . 358 AN E R"r!AOI 1X85 L 85 . 43 36.55
Sept • 10 LA NC WITHINR H TS ITY
B d `�7x�(qT�
S RACTNOU992VTR HttAKKB AND MORELFOLL�
F MMEE EEXHIBI CD L ROBED I AGRI u
TURAL TO "RAE"ERESI-
JDECT TOLTHTSTTppES C
TTAIN DR IN THI SQf DI-
NAEN E• CCORR gT
TAZIA PRESDEIRVI HeR PORTIONS?;
TERM N NCB THNq T T
D 5L ��(�
1 PUBLIC IT- REST,M R- ' ,.�9... .
AL AND GEN RA WL. E D
FA E DEMAN TA Z"���jjjjjj
BSCRIBED SWORN ' AAAENo/N H SE ME E1 THIS THE 1C th DA OF Sept 1993
110 ANDTAIHI E6RUDINAiNDC1N-rivEGSt"Lt NOTARY PUBLIC
OR CINANEC il_ �V
1LAUSESPR��I PP>�I L I - gC.ii--"--'6'%"-6"-,'
-- A PENALTY k gal
TARRANT COUNTY, TEXAS
1S A�� TI NS HEREOF C §ERH'A%4
coctIon 7.Anv person,firm pr
corporation who violates,dI- .-......._...__ ....__............_._-._-
sobeys,omits,neglects or re•
ffuuses to comply with or why
reslstprovisiorce lsordt of i-
of the provisions offs orGi-
nance shall be fined more
TEAR ALONG THIS pn w�1 f r gd t,off l i TURN THE LOWER PORTION WITH YOUR PAYMENT---,4
ach day that a violation i T
permitted toexlst shall consti-
tute a separate offense.
' RIENGETHEC?TYCOVUN- REMIT TO : 400 W. SEVENTH, FW , TX 76102
PTEMBTTR 7,1t993.D ON
Fort worth Star- Gary�Vigls � m RIEWT TO, Ox�C ()(04(xxleRxxJ nyxemx-2051
ATTEST: ACCOUNT AMOUNT
5 419 83 �s/Sandra L.LeGrand NUMBER C I T 5 7 DUE 36 . 55
e G 4 q .:,, City Secretary
� � / APPROVED AS TO FORM:
4 --s $IG I
<a ' : 4 City Attttorrnneyavlor,Jr.
S CITY OF SOUTHLAKE
667 N CARROLL AVE _ PLEASE PAY 36 . 55
SOUTHLAKE TX 76092 9595 THIS AMOUNT
ATTN:
PLEASE WRITE IN AMOUNT ENCLOSED