480-101CITY F SOUTHLAK.E, TEXAS
ORD kANCE NO. 480 -101
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 1.00 ACRE TRACT OF LAND OUT OF THE
HARRISON DECKER SURVEY, ABSTRACT NO. 438, TRACTS 1B10A,
1B6C1, 1B10C, AND 1B6C2, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT " A " FROM "MH" MANUFACTURED HOUSING
TO "I -1" LIGHT INDUSTRIAL 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 "MH" Manufactured Housing 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
c: \ord \zoning \480.101
ingress and egress points for parking and off - street loading
spaces, and protection of public health by surfacing on all parking
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 1.00 acre tract of land out of the
Harrison Decker Survey, Abstract No. 438, and more fully
and completely described in Exhibit " A, " attached hereto
and incorporated herein.
c: \ord \zoning \480.101
From "MH" Manufactured Housing to "I -1" Light Industrial
District.
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
c: \ord \zoning \480.101
effective date
violations and
whether pending
not be affected
disposition by
of this ordinance; and, as to such accrued
all pending litigation, both civil and criminal,
in court or not, under such ordinances, same shall
by this ordinance but may be prosecuted until final
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.
PAS ED AND APPROVED on the
1993.
CIA
s• • ; a
r ' : v,
I 1
1A
1994.
1st reading th ;I day of
YOR
ATTEST:
Aqye4� x /
ITY SECRETARY
the 2nd reading
w: is
'., `��..
APPROVED AS TO FORM AND LEGALITY:
MM
ATTEST:
the day of
W . .
c: \ord \zoning \480.101
EXHIBIT "A"
c: \ord \zoning \480.101
EXHIBIT "A"
Metes and bounds description follows:
BEING a tract of land out of the Harrison Decker Survey, Abstract No. 438,
situated in Tarrant County, Texas and being all of Tracts 53 and 54,
conveyed to William B. Turner and wife, Alice L Turner, as described in
.deed recorded - in Volume 7430, Page 1754, Deed Records, Tarrant County,
Texas, and being described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the Northeast corner of said
Tract 53;
i
THENCE South 00 degrees 11 minutes 21 seconds East, along the East lines
of said Tracts 53 and 54, 158.48 feet to a 1/2 inch• iron rod found for the
Southeast corner of said Tract 54;
THENCE North 89 degrees 45 minutes 00 seconds West, along the South line
of said Tract 54, at 245.09 feet, passing a 1/2 inch iron rod found on the
East line of Timberline Court, a 60 foot wide right -of -way, continuing in all,
275.09 feet to the centerline of said Timberline Court;
THENCE North 00 degrees 01 minutes 18 seconds West, along said centerline
and along the West lines of said Tracts 53 and 54, 158.48 feet to the
Northwest corner of said Tract 53;
THENCE South 89 degrees 45 minutes 00 seconds East, along the North line
of said Tract 53, at 30.00 feet, passing a 1/2 inch iron rod found on said
East line of Timberline Court, continuing in all, 274.63 feet to the Point of
Beginning and containing 1.000 acres of land.
Property is subject to Timberline Court, a 60 foot wide right -of -way
dedicated by the Plat recorded in Volume 388 -163, Page 56, Plat Records, f
Tarrant County, Texas.
c: \ord \zoning \480.101
tbrt Worth Star=Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
01 STATE 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 INVOICE NO. DESCRIPTION AD SIZE " ",:E RATE AMOUNT
JAN 07 2603443 CL . 358 1X80 L 80 . 46 36 . 80
jan7
P.O. # 480-101
CITY OF SOUTHLAKE
TEXAS
ORDINANCE NO.480-101
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS-- -- COM-
PREHENSIIVE`LONINGOR-
DI NANCE 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' I
SA 1.00 ACRE TRACTU OF.
LAND OUT OF THE HARRI .
SON DECKER SURVEY
ABSRACT NO.438 TRACTS r
1B10A, 186C1, 1BI0C AND1
1B6C1 AND MORE FULLY
UBSCRIBED AND SWORN TO41 SCRICOMPLETELY
EOP NTEXHIBIETIIS THE 7 ,j1 A OF JAN. , 1994
yea A"FROM "MH" MANU
�� FACTORED HOUSING TO NOTARY PU:LIC
....
_ _... ��;px nti�q___ "1-1" LIGHT INDUSTRIAL `)
Ae,4 LI�IDISTRICT SUBJECT TO ( �'/7 A'
s�� ter,, (+ THE SPECIFIC REQUIRE- T RRANT CO NTY, TEXAS
_.. �d� `�i�y_l�OI41 MHIS ORDIONANCEE COR �
o� • 1 " a-� O RECTING THE OF�ICIAL
47l•......• i•' $EP1 ZONING MAP: PRESERV
11hM�or ING ALL OCHER POR
TIONSOF THE ZONINGOR-
_... _..... DINANCEDETERMINING
THAT THE PUBLIC INTER-
EST MORALS AND GEN-
ERAL WELFARE DE-
MAND THE ZONING
CHANGES AND AMEND-
MENTS
HEREIN MADE'
PROVIDING THAT THIS
ORDINANCE SHALL BE
CUMULATIVE OF ALL OR-
DINANCES;PROVIDING A
SEVERABILITY CLAUSE;
TEAR ALONG THIS PI PROVIDING FOR A PEN- RN THE LOWER PORTION WITH YOUR PAYMENT
�_ ALTY FOR VIOLATIONS
HEREOF; PROVIDING A
SAVINGS CLAUSE' PRO-
VIDING FOR PUaLICA-
NEWSPAPEREAD OFFICIAL REMIT TO : 400 W . SEVENTH, FW, TX 76102
VIDING AN EFFECTIVE
DATE.
Section 7.Any person,firm or. -\
Fort corporation who violates, P.E A/7Cr TO: K XXVN N X XXX W IX� WI-2051
di-
sobeys,omits,neglects or re-
fuses to comply with or who
resists theenforcementof any
260 4 of the provisions of this ordi- ACCOUNT AMOUNT
nanceshallbefinednotmopre NUMBER36 . 80
than Two Thusand Dollars DUE
($2,000.00) for each offense.
Each day that a violation is
permitted toexist shall consti-
lute a separate offense.
IN SECOND READINGVBY
THE CITY COUNCIL,THIS
THE 4TH DAY OF JANU-
ARY 1994.
GARY FICKES
MAYOR OF SOUTHLAKE
ATTEST:
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
SON,
CIY ATTOK.RNEY
III CITY OF SOUTHLAKE `
667 N CARROLL AVE PLEASE PAY , 36 . 80
SOUTHLAKE TX 76092-9595 THISAMOUNT
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
..
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
iiiSTATE 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
DEC 26 2598781 CL . 358 1X581L 58 . 70 40. 60
dec26
NOTICE OF PUBLIC HEAR-
ING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED -
PER SONS that the City Coun-
cil of the City of Southlake,
Texas,will be holding a public
--. - --- --- hearing during the Regular
City Council meeting to be
heldon January 4 1994,be in-
ning at 7:00 p.m.the meeting
will be held In the City council
Chambers of City Hall, 667
North Carroll Avenue,South-
lake, Texas. The purpose of
thepubllchearing Istoconsid-
er the following ordinance:
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO 480-101
An OrdinanceamendingOrdl- SIGN S
nance No. 480, as amended,
the comprehensiveye Zoning
óBS
CRIBED AnOakeln Texas;Gra ilnfaoion- FORE ME , THIS THE �77tt AY
gg NOTARY2PULI DEC. , 3
Ins change l n a certain tractr
or tracts of land within the CI- ' �
ty of Southlake,Texas being
approximately A 1.00 acre
tract of land out offy the Harri- BLEVtNS
No 438,Tractsr1 B 1OA,b1 Abstract
IN EXPIRES T A R R A N T C O U Y , TEXAS
113103, and IB6C2. and more
desccribeddin completely
, 13, 1997
from "MH" manufactured
housing specific require- 'rN'W.. - - --
ments contained in this Ordi-
nance;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 becumulativeofanordi- ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
ances;Provldingaseverabili-
tyclause;Providing for apen-
alty for violations hereof,
providing a savings clause;
Providing for publication In
the official newspaper; And REMIT TO : 400 W . SEVENTH , FW, TX 76102
providing an effective date.
City of Southlake,Texas
Sandra L.LeGrand
rort Wort. Clts arY PE'�':T TO: , xQ m rgyXxxxgny'x- �1-2051
rtar-iele r
ACCOUNT AMOUNT
2598781 NUMBER CIT57 DUE 40. 60
PAGE bF 1
110 CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 40 . 60
SOUTHLAKE TX 76092-9595 THIS AMOUNT1
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED