480-095CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-95
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 8.471 ACRE TRACT OF LAND OUT OF THE A.A.
FREEMAN SURVEY, ABSTRACT NO. 522, TRACTS 2B AND 2B5, 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" 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
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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 8.471 acre tract of land out of the
A.A. Freeman Survey, Abstract No. 522, Tracts 2B and 2B5,
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\ORD\ORD480\480.95
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\ORD\ORD480\480.95
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.
a , R A
APPROVED on the 1st
1993.
AND APPROVED
1993.
reading the day of
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ATTEST:
F
� MM�(ARUTE0'?j ""— - W -A
mae�.um
WTY SECRETARY
on the 2nd reading the day of
APPROVED AS TO FORM AND LEGALITY:
6-j IC- 09-4w,—
CITY ATTORNEY
i 111 3111111 1! i]!
3l�111 11111111�
A
C:\CD\ORD\ORD480\480.95
Page 4
OR
ATTEST:
42, M-, �'d WE Iffi.),
e
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'At
r,
APPROVED AS TO FORM AND LEGALITY:
6-j IC- 09-4w,—
CITY ATTORNEY
i 111 3111111 1! i]!
3l�111 11111111�
A
C:\CD\ORD\ORD480\480.95
Page 4
OR
ATTEST:
42, M-, �'d WE Iffi.),
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EXHIBIT "A"
WHEREAS, I, KAREN LED BETTER, AM THE SOLE OWNER OF A TRACT OF LAND
SITUATED IN THE A A FREEm" SURVEY ABSTRACT 522, COUNTY OF TARRANT,
ACCORDING TO THE DEED RECORDED IN VOLUME 10965, PAGE 65, DEED RECORDS
TARRANT COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A
5/8" POUND IRON ROD
IN THE SOUTH R.O.W.
LINTS O!
PEYTONVILLE ROAD,
SAID POINT BEING THE SOUTHEAST CORNER OF
A R.O.W.
DEDICATION RECORDED IN VOLUME 10745,
PAGE 1388, DEED RECORDS
TARRANT
COUNTY, TEXAS AND
BEING S 88058'10^ W,
A DISTANCE OT 463.75 FEET
ANI)
8 01001'50" E, A
DISTANCE OF 60.00 FEET
FROM THE SOUTHEAST CORNER OF
BLOCK 3, CROSS TnMER HILLS AS RECORDED
IN VOLUME 388-117, PAGE
97;
THENCE S 00009'05" W, A DISTANCE OF 799.98 FEET WI4H THE WEST LINE OF A
TRACT OF LAND RECORDED IN VOLUME 9563, PAGE 548, AND PASSING A WOUND
5/8" IRON ROD AT 522.05 FEET, IN ALL A DISTANCE OF 799.98 FELT TO A
FOUND 1/2" IRON RAD FOR A CORNER;
THENCE S 88055122" W, WITH A TRACT OF LAND RECORDED IN VOLUME 7130, PAGE
11, DEED RECORDS TARRANT COUNTY, TEXAS, A DISTANCE OF 539.96 FEST TO A
FOUND 5/8" IRON ROD FOR A CORNER IN THE EAST LINE OF PEYTONVILLE ROAD,
SAID POINT BEING THE SOUTHEAST CORNER OF A R.O.W. DEDICATION RECORDED IN
VOLUME 10745, PAGE 1376, DEED RECORDS TARRANT COUNTY, TEXAS;
THENCE N 06032'43" E, WITH THE EAST LINE OF PEYTONVIT.T.i ROAD, A DISTANCE
OF 250.41 FEET TO A FOUND 5/8" IRON ROD AT AN ANGLE POINT AND BEING THE
COMMON CORNER OF R.O.W. DEDICATION RECORDED IN VOLUME 10145, PAGE 1376
AND VOLUME 10745, PAGE 1388;
THENCE N 09037'39" E, CONTINUING WITH THE EAST LINE OF THE PEYTONVILLE
ROAD R.O.W. DEDICATION RECORDED IN VOLUME 10745, PAGE 1388, DEED RECORDS
TARRANT COUNTY, TEXAS, A DISTANCE OF 229.52 FEET TO A FOUND 5/8" IRON
ROD AT THE BEGINNING OF A CURVE TO THE RIGHT RAVING A CENTRAL ANGd.E OF
83020'49" AND A RADIUS OF 310.00 FEET;
THENCE WITH THE ARC OF SAID CURVE A DISTANCE OF 538.23 FEET TO A POINT
OF LEAVING, SAID CURVE;
THENCE N 88048'59" E, WITH THE SOUTH LINE OF PEYTONVILLE ROAD, R.O.W.
DEDICATION RECORDED IN VOLUME 10745, RAGE 1388, DEED RECORDS TARRANT
COUNTY, TEXAS, TO THE POINT OF BEGINNING AND CONTAINING 8.471 ACRES OP
LAND MORE OR LESS.
C:\CD\ORD\ORD480\480.95
Page 5
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
1111hSTATE 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: EE
NENEOTIOEIH RIRGBYIC IV-
PERSONSthatt a INCouun
TII of the Cittyy of CSouthlake,
exas,wl l l bf holding a publ lc
hearing dur ng the R ulbe TOTAL
DATE AD INVOICE NO. DESCRIPTIO held ncl on September
be 7 1993,be-
�D SIZE INCH/LINE RATE AMOUNT
AUG 27 2532612 CL . 358 ia9nVfla held in tlhen itvX71 L 71 . 43 30 . 53
Council Chambers of Ity
a u g 2 7 Hall,667 North Carroll Ave-
nue, Southlake,of Texas. The
Purpose I the public hearing
s to cons der the fol iowl ng or-
dlrl CITY:OF SOUTHLAKE,
ge
C T XAS
ORDINANCENO.480-95
An Ordi nandce_amending Ordi-
nance No. 480 as amended,
the comprehensi Ve zoning or-
dlanceof theCltyof Southlake,
Texas; Granting a zoning
change on a certain tract or
tracts of landwithlntheCityof
Southlake, Texas. being ap-
proximately A8.471 acretract
of land out of the A.A. Free-
man Survey Abstract No.
522,Tracts 2 and 2B5,and
more fully and cornppietely de
5crlbed In exhibit"A"
from ke tiriicultural)
sub lift tothe speclflCC require-
CRIBED AND SWORN TO BEF mentscontainedlnihlsorTHE 27th DAY OF Au t 1 93
4110 Hance;Correcting the offlc II
s.
THE S zoning map; Preserving a g
other portlonsofthheezonlnpor-
dinance Delfare d mandttheT A R Y PUBLIC tj
Public Interest, morals and ((���'`�(( �-ef
general welfare demand the
zoning changes and amend-
ments ceshallibe TARRANT COUNTY, TEXAS
------ mulaflve of all ordinances:
Providing i sefor a penal-
-..i:. iie�� clause;Providing fora naI-
�` ��� SUE A vi VVr violations hereof-Pro-
viding a savings clause•Pro-1 3'; vlding for publication in the
fNt ',CC��T�iS iR official newspaper;And pro-
riding an effective date.
#0 _,•. OCTOBE,I Section7,Any person,firmor
`� corporation who violates,di-
sobers,omits,neglects or re-
��''.— --` fuses to comply with or who
of these ovisioon of th sooidl-
nance shall be fined nR more
t to Tw9 ThoySanc
TEAR ALONG THIS PERFOI ` IE LOWER PORTION WITH YOUR PAYMENT-�
REMIT TO: 400 W . SEVENTH, FW, TX 76102
EEO/ '(:: f'• I IX0 XO0X1X`X X000X1 411X XOCXStX*-2051\
for t2WPT thStar-Telegram ACCOUNT C I T 5 7 AMOUNT 30. 53
NUMBER DUE
1 1
PAGE OF
• CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 PLEASE PAY lik
THIS AMOUNT 30. 53
ATTN: FAX
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
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 :
CITY OF TEXASHLAKE,
ORDINANCE NO.480-95
AN ORDINANCE AMEN -
DE ING OR NNIpNANCaENHNO. AD SIZE NCHTAL E RATE AMOUNT
DATE AD INVOICE NO. 4 A C kti
SEP 10 2542011 CL . 358 AO tii�r �)AANNd 1X86 L 86 . 43 36 . 98
Sept • 1 O FRetw,THHINK� H TS Y
ABEBNp�GAf R O (c a/�TT�F
FREEI UT O REF
1).11
)1-
LAND 2 SD�N�C1.Jp/510`� ALY.
DESCRIB Dcc��INPE� IT
C"A" FRpp Ag I-
D T im_RAEL QEE"ARSN"- 11-
4N gr IN aaTHI S I DI
NIQpi�•OpPRF SRVI {IN�
TPURMIN01N I TAN ;D�
FA EuENWN HEM L- E D ‘-gditk...1 UZM:9"\•4"•-•••
BSCRIBED AND SWORN T ING CH N E 1 THIS THE 10th DA" OF Sept 1993
0
.. ED. ,"v,v,, NOTARY PUBLIC p _ ,
TgHEI 6,RUUDLL1gqTNVE gFALL .J����� -A.-. �
OR INANECE FF VI� :_e_C�
1,,- C�I4LgQPIySHASiY° kp�4 b TARRANT COUNTY, TEXAS
1,1 TIGN S IN F PRj)b
r'. NN 1 G
'�I�-.•y G �RQVIN IN THRF1V L
TON -
yNy'y p�jp
4 pp/.,k .. C DI4TEG pERLFFEC V
�1.. tr+
Section 7.Any person,f l rm or
corporation who violates,dl-
ys,omits,negl s or re-
hissegs to corn ly wl Vr who
of thestheentporce tofany
the provisions of?Ns ordi-
nance shall be fined t more
TEAR ALONG THI "'eat�horuesaan�d"$ asis. _TURN THE LOWER PORTION WITH YOUR PAYMENT
Each day that a vlolatbn Is
per mitted toexist shall constl-
i Lute a separateG offense.
gP SSEDAIDAPP SILVED REMIT TO : 400 W . SEVENTH , FW , TX 76102
I SEPTEMBER 7,1993. • \
Fort WorthStar
/s/Gary Flckes REMIT T^.. XVXMrX*XX n ��-2051
• Mayor i m
ATTEST:254201 /s/ retary ACCOUNT
rand NUMBER C I T 5 7 AMOUNTDUE 36 .98
APPROVED AS TO FORM:
City Attttorrneyavlor,Jr. 1
S
CITY OF SOUTHLAKE 1
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 THISAMOUNTPLEASE PAY 36 . 98
ATTN:
PLEASE WRITE IN AMOUNT ENCLOSED