480-103CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -103
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 4.806 ACRE TRACT OF LAND OUT OF THE W.R.
EAVES SURVEY, ABSTRACT NO. 500, BEING A PORTION OF TRACT
3A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM "AG" AGRICULTURAL TO 11 SF -1A" SINGLE FAMILY -lA
RESIDENTIAL 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
c: \ord \zoning \480.103
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 4.806 acre tract of land out of the
W.R. Eaves Survey, Abstract No. 500, and more fully and
completely described in Exhibit " A, 1 ' attached hereto and
incorporated herein.
c: \ord \zoning \480.103
From "AG" Agricultural to "SF -1A" Single Family-1A
Residential 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 \480.103
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.
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.
PA SED AND APPROVED on the
fiAl
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APPROVED on the
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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EFFECTIVE!
1st reading the day of
YOR
ATTEST:
b94A A "-I�
TY SECRETARY
2nd readin e day of
OR
ATTEST:
A TySECRET Y
c: \ord \zoning \480.103
'EXHIBIT "A"
12 -13 -93
LDP 2: TRACT OF LAND
IN THE
W. R. EAVES SURVEY, A -500
TARRANT COUNTY, TEXAS
The following described tract or parcel of land situated in the
W.R. Eaves Survey, A -500, Tarrant County, Texas and being a
portion of a 16.66 acre tract as recorded on Page 2398 of
Volume 8759 in the Tarrant County Deed Records and being more
particularly described as follows:
BEGINNING in the prop West right -of -way line of Peytonville
Road and being N 87 27' 31" W a distance of 35.0 feet from
the Southeast corner of said W.R. Eaves Survey;
THENCE N 89 57' W a distance along the South line of said
W.R. Eaves Survey of 967.88 feet to a found 1/2 inch iron rod at
the Southwest corner of said 16.66 acre tract and being the
Southeast corner of a 20.7 acre tract as recorded on Page 195 of
Volume 4359 in the Tarrant County Deed Records;
THENCE N 0 19' W along the West line of said 16.66 acre tract
and along the East line of said 20.7 acre tract a distance of
436.87 feet to a found 1/2 inch yellow capped iron rod at the
Southwest corner of a 6.34 acre tract as conveyed to Carl August
Kirby on August 9, 1993;
THENCE N 89 27' 31" E at a distance of 337.59 feet;
THENCE S 0 31' 50" E a distance of 346.49 feet;
THENCE N 89 27' 31" E a distance of 628.6 feet and being in
the proposed West right -of -way line of said Peytonville Road;
THENCE S 0 31' 50" E along the proposed West right -of -way
line of said Peytonville Road a distance of 100.1 feet to place
of beginning, containing a net acreage of 4.806 acres or
209,358 square feet of land.
c: \ord \zoning \480.103
forj Worth Star-Telegram
40C VV.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 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 :
TOTAL
DATE AD INVOICE NOT DESCRIPTION AD SIZE RATE AMOUNT
INCH/LINE
JAN 07 2603312 CL . 358 1X72 L 72 . 46 . 33. 12
jan7
P . O . # ORD 480-103
CITY OF SOUTHLAKE
•
•
TEXAS _.. .. _...
ORDINANCE NO.480-103
AN ORDIANNCE AMEND-
ING ORDINANCE NO. 480,
• PREHENSIIVE ZONINGOR-
DINANCEOF THE CITYOF
BEING APPROXIMATEL YI
A 4.806 ACRE TRACT OF
I LAND OUT OF THE W.R.
AB-
STSRACT SURVEY G A
PORTION OFS TRACT
•
AND MORE FULLY AND
• COMPLTELY DESCRIBED
IN EXHIBIT "A' FROM
• "AG"AGRICULTURAL I
C G N E D
"SF-1A"SINGLE FAMILY-
UBS1111
CRIBED AND SWOR IaRESIDENTIALDISTRIC , THIS THE Y OF
TU SUBJECT TO THE SPE-
•
CIFIC REQUIREMENTS
CONTAINED
OFFICIALPRESER ZONNG ING' NOTARY PUBLIC kja— I/ r
------ -- THE OFFICIAL ZONING //
+iid; OTHER PORTIONSOFTHE f' KKK///
9 ZONING ORDINANCE-
'' _ TERMINING THAT THEE TARRANT COUNTY, TEXAS
- - - - - - .1-"Si.; - PUBLIC INTEREST,MOR-
VizALS AND GENERAL WEL-
��••.��:' FARE DEMAND THE ZON-
__ Itrl�A. �v AMENDMENTS
MADE- PROVIDING THAT
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL
• ORDINANCES' PROVID-
ING A SEVEI2ABILITY
CLAUSE- PROVIDING A
SAVINGS` CLAUSE' PRO-
VIDING FOR PUBLICA-
TION IN THE OFFICIAL
' NEWSPAPER- AND PRO-
VIDING AN EFFECTIVE
r---TEAR ALONG pecTon7.Anvc�erson,firmorD RETURN THE LOWER PORTION WITH YOUR PAYMENT
corporation who violates,di-
sobeys,omits,neglects or re-
fuses to comply with or who
resisistheenforcementofanv• REMIT TO : 400 W . SEVENTH, F W, TX 76102
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars
Each day for each offense. \
For r th S A Each day that a violation ii_s T 'T p y� qq
AR
+ pe,000.00) for each
h offen se.
f E�1•�'. :(•�: .� A K K X�( WICK l�(.x 1 �1-2051
IN a separ ate offens e.
PASSED AND APPROVED am
6 3 2 IN SECOND READING BY
THE CITY COUNCIL, THIS ACCOUNT AMOUNT
33. 12
THE 4TH DAY OF JANU- NUMBER C I T 5 7
GARYIF9ICKERS
MAYOR OF SOUTHLAKE 1
ATTEST;
SANDRA L.LEGRAND
CITY SECRETARY
APPROVED AS TO FORM,
WAYNE K.OLSON,
CITY ATTORNEY
• CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 33. 12
SOUTHLAKE TX 76092-9595 THISAMOUNT
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
. ore 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 :
NOTICE OF F.
HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS Cthat the CIty Coun-
LIrx3S1W�llblt�of Southlake, TOTAL AMOUNT
TF_ AD INVOICE NO. a oldingapubllc AD SIZE INCH;uNE
CltyrlCoundlnmeeenRegular
RATE
DEC to
26 598807 • nnhelgd nJ0nupar 4jhe94,ebeegl g- 1X79 L 79
e c • 26 ChabbeheldInffheCIfyCoU 7 • 70 55 . 30
nc
North Carroll Avenue,South-
, lake, Texas. The purpose of
thepubllc hearing Is to consld-
er the following ordinance:
CITY OF SOUTHLAKE,
ORDINANCE NO.480-103
N ORDINANCE AMEND-
G S AMENDED
OF THE CITY OF
SOUTHLAKE TEXAS.
GRANTING A ZONING`HANGS ON A CERTAIN
LANDpWI OR
NRTHETCITTY
...0
BEING APPROXEIMATELY
LAND OUTROFTTRHE yVR GNED
EAVES
0 E'INGA T4IS THE 27th DEC . , 19
SUBSCRIBED AND SWORN PORTION OF TRACT 3A1 AND MORE FULLY gNlj DAY F
S tiA _
'av n,Nt CORIBEDELELY DE- 1 NOTARY PUBLI '
�r....'...ye'rFFFROM AG,EXGRIT'A" �// /�
4 r AGR ICUL- CI
GGTURAL TO "SF-IA" SIN- 1
�N.�� SU NTIAL DIISTREICT ► TAR' ANT COUN"Y, TEXAS
4 �'\ CBJEpCCCpTTOTHDNEI I�- +
?�".9.1`4±NAINCEUINM HISSORDI- if
1MAP• PRESERVING ALL ,
HE OF'FICIIA L ZppONING
ZON NG PORTIONS
DE TERMINING THAT THE
PUBLIC INTEREST,MOR-
ALS AND GENERAL WEL-
FARE DEMAND THE ZON-
AMENDMENTSESHEREINN
MADE.PROVIDIN
BET
TH CUMULATIVE SHALL ORDINANCES• PROVID- AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
��TEAR ALCCLAGUSESPROVIDINGFOR A PENALTY FOR VIOLA-
VIDING PROVID-
ING REMIT T0 : 400 W . SEVENTH, FW, TX 76102
PUBLI-
CATION IN THE FOR
FFICIIAL
VP PAN ER�FFEC PRO-
VIDING
For5t8Worth XX 1Clty of Southlake Texas/s/Sandra L Lerantl It�Secretary ACCOUNT AMOUNT
NUMBER C I T 5 7 DUE 55 . 30
1 1
PAGE OF
CITY OF SOUTHLAKE
S
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 IPLEASEPAY
55. 30
A T T N : THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED