480-099CITY OF SOUTHLAKE, TEXAS 1
ORDINANCE NO. 480-99 /�ek
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 4.399 ACRE TRACT OF LAND OUT OF THE HIRAM
GRANBERRY SURVEY, ABSTRACT 581, TRACT 1C , AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL 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:\ORD\ZONING\480.99
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,
I 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 4.399 acre tract of land out of the
Hiram Granberry Survey, Abstract 581, Tract 1C, and more
fully and completely described in Exhibit "A," attached
hereto and incorporated herein.
From "AG" Agricultural to "C-2" Local Retail Commercial
District.
C:\ORD\ZONING\480.99
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 S. 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:\ORD\ZONING\480.99
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 AND APPROVED on the 1st reading the day of
1994.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of
1994.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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Page 4
EXHIBIT "A"
All that certain lot, tract or parcel of land in the H. GRANDBERRY
SURVEY, Abstract 581, located in Southlake, Tarrant County, Texas,
being a portion of that certain 5.732 acre tract conveyed to
TRUSTEES., E-SYSTEMS, INC. POOL TRUST, by deed recorded in Volume
8205, Page 2119, Deed Records, Tarrant County, Texas (D.R., T.Co.,
Tx.), and being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch iron pin found for the most westerly
Northwest corner of that certain 0.806 acre R.O.W. Dedication for
Continental Blvd. to the city of Southlake, Texas, recorded' 1n
Volume 10599, Page 1068, D.R., T.Co., Tx., said point of beginning
being further described as being in the East line of that certain
property conveyed to Lannie Joe Roach, by deed recorded in Volume'
6783, Page 2148, D.R. , T.Co. , Tx. , and being 0-7/10 foot West of an
existing fence corner;
THENCE departing said dedicated ¢ontinental Blvd,- right-of-wayj
(R/W) along or near a fence and -with a line common to said East
line of Roach property and West line of this tract, North 01 degree
16 minutes 29 seconds East 374-90/100 feet to a 3/4 inch iron pin
found near a fence corner in the South line of that certain
property conveyed to Vernis Fulmer by deed recorded in Volume 4638,
Page 607, D.R., T.Co., Tx., for the common Northeast corner of
aforesaid Roach property and Northwest corner of this tract;
THENCE departing said Roach property and with a line common to said
Fulmer property and North line of this tract along or near a fence,
South 88 degrees 33 minutes 34 seconds East 561-47/100 feet to a
5/8 inch iron pin found near a fence corner in the South line of
said Fulmer property for the common Northeast corner or this tract
and most northerly Northwest corner of that aforesaid 0.806 acre
tract R.O.W. Dedication for White Chapel Road, recorded in Volume
10599, Page 1068, D.R., T.Co., Tx.;
THENCE departing said Fulmer tract and along or near the fenced
West and North lines of said R.O.W. Dedication, the following:
Southwesterly with the arc of a curve to the right, having a
radius of 633-00/100 feet, a distance of 313-03/100 feet to a
5/8 inch iron pin found at the end of said curve (long chord
bears South 17 degrees 54 minutes 17 seconds West 308-55/100
feet),
South 34 degrees 43 minutes 45 seconds West 86-08/100 feet to
a 5/8 inch iron pin found at the intersection of the dedicated
West line of White Chapel Road with the dedicated North line
of Continental Blvd., and
North 89 degrees 30 minutes 29 'seconds West 425-75/100 feet to
the place of beginning and containing some 4-399/1000 acres of
land or 191,625 square feet.
C:\ORD\ZONING\480.99
Page 5
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
1110nSTATE OF TEXAS
ty of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared PENNY GRAY 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 !NOTICE NO_1 DESCRIPTION AD SIZE i'i AMOUNT
DEC 10 2592434 CL . 358 NOTICE OF PUBLIC HEAR- 1X 72L 72 . 46 30 . 96
e C 10 NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PER SONS that the City Coun-
cll of the City of Southlake,
Texas,will be holding a public
hearing during the Regular
City Council meeting to be
heldon December 2L 1993,be-
9innIng at 7:00p.m.the meet-
ing will be held in the City
Council Chambers of City
Hall,667 North Carroll Ave-
nue, Southiake, Texas. The
purpose of the public hearing
is to consider the followingor-
dinance:
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-99
An ordinance amending Ordi-
nance No. 480, as amended,
the Comprehensive Zoning
Ordinanceof theCityof South- .
lake,Texas;Granting a zon- N E I. ,
Ing change on a certain tract
ortra`tsoflandwithinthe`I- THIS THE 10 h 0DgY OFDEC. 93
IdkeLAY
BSCRIBED AND SWORN tyofSouthiake,Texasbeing ��/�approximately a 8.660 acre `I�'�`
%.+....e,16,., tractoflandoptoftheJohnJ. NOTARY PUBLIC /
♦ _.>�r P��,� Freshour Survey, AbsiraciF
�ht•-••..�� No.521,Tracts 2 AlD,and 1
J�' '•.( morefullyandcompletelyde-
?' `, scribed in exhibit"A' from 1
4.' "AG" agricultural to SF-, TARRANT COUN Y, TEXAS
30, 1A"single family residential
401,', • district subiect to the specific 1
l9ei,...F.-. requirements contained in i
Niaf.i. this ordinance;Correcting the,
official zoning map;Preserv-
ing all other other portions of
the zoning ordinance Deter-
mining that the public inter-
est,morals and general wel-
fare- - demand the zoning
changes and amendments
herein made;Providing that
this ordinance shall be cumu-
lative of all ordinances-Pro-
viding a severabllity clause;
- - Providing for a qenalty for -
-TEAR ALONG T violations sause� v din fog RETURN THE LOWER PORTION WITH YOUR PAYMENT----,
n,.hliratinn_In_Alm nff rial
REMIT TO : 400 W . SEVENTH, FW, TX 76102
Star-Telegram
9FPnIT To: - g pfpy �5X gyIpTkA�Se 361p 1-2051Fort Worth.
ACCOUNT AMOUNT
2592434 NUMBER CIT57 DUE 30. 96
PAGE 10F 1
1111 CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 30.96
SOUTHLAKE TX 76092-9595 THISAMOUNT1
ATTN : SANDRA L LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED