480-113CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -113
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 8.345 ACRE TRACT OF LAND OUT OF THE
SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525 AND BEING A
PORTION OF TRACT 1 OF THE W.E. MAYFIELD SUBDIVISION, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT " A " FROM
"C -3" GENERAL COMMERCIAL DISTRICT AND "AG" AGRICULTURAL
TO "C -3" GENERAL 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 "C -3" General Commercial District and "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: \WPF \ORD \480.113
Page 1
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 8.345 acre tract of land out of the
Samuel Freeman Survey, Abstract No. 525, and being a
portion of Tract 1 of the W.E. Mayfield Subdivision, and
more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein.
C: \WPF \ORD \480.113
Page 2
From "C - 3 " General Commercial District and "AG"
Agricultural to "C -3" General Commercial 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
effective date of this ordinance; and, as to such accrued
C: \WPF \ORD \480.113
Page 3
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.
PASSE AND APPROVED on
1994.
•�`• S0� Z N L q
r :
..
PA S D AND APPROVED on
s r ]>
�• =tJ1
v'
t he 1st reading the ` day of
ATTEST:
CI TY SECRETARY
the 2nd reading the day of
MAYOR
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
� & o'--
CITY ATTORNEY
DATE:
ADOPTED: AzOo
EFFECTIVE: a-�g
Gr�i - SECR - ET2 --
C: \WPF \ORD \480.113
Page 4
EXHIBIT " A "
BEGINNING at an iron pin in the West line of said Tract 1 and the
East line of Bluebonnet Drive, said point being
N 0 08' 30" E 436.0 feet from the Southwest corner.of
said Tract 1;
THENCE N 0 08' 30" E along the West line of said Tract 1,
458.0 feet to an iron pin in the Easterly R.O.W. line of
Farm to Market Highway No. 1709, said point being in a '
curve having a radius of 1004.88 feet and whose Long
Chord bears N 7 07' E 178.35 feet;
THENCE with the arc of said curve and said R.O.W. line 178.6 '
feet to an iron pin in same for corner;
THENCE N 43 39' E 119.2 feet continuing along said R.O.W. line
to an iron pin in the south R.O.W. line of State Highway
No. 114, said point being in a curve having a radius of
5619.58 feet and whose Long Chord bears S 82 14' E
377.6 feet;
THENCE with the arc of said curve 377.6 feet to an iron pin in
same for corner;
THENCE S 0 11' W 818.9 feet to an iron pin for corner; .
THENCE N 72 41' W 499.6 feet to the POINT OF BEGINNING and
containing 8.345 acres.
C: \WPF \ORD \480.113
Page 5
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
4111 STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared Sheila Brown 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 NO. DESCRIPTION AD SIZE RATE AMOUNT
INFHILINE
MAR 18 2639616 CL • 358 CITY OF SOUTHLAKE 1X65 L 65 • 46 29. 90
mar 18 ORDINANCE NO.480-113
An ordinance amending Ordi-
nance No. 480, as amended,
the CoTgo 1rhe Ci i;oZSoonuinhg
rake,Texas;grantingazoning .....
change on a certain tract or
tracts of IandwlthintheCityof
Southlake, Texas being ap-
proximately - -- - - --
a 8.345 acre tract
of landoutof the Samuel Free-
man Survey,Abstract No.525
and being_a portion of Traci 1
of theW.E.MayfieldSubdivi-
-- -- - - --- --- -
sion,and more fully and com-
pletely described In Exhibit
"A" from "C-3" General
Commercial District and
'AG" Agricultural to"C-3" I
General Commercial District
sub led to the specif is reou i re-
ments contained In this ordi-
nance;correcting the Official - -
1 Zoning Map; preserving all
other portions of the Zoning 41.
Ordinance;determining that • D ��
-
UBSCRIBED AND SWORN T than geneat9zonr Interest, morals
iingwclhangesmandfHIS HE 18 D OF March 199
amendemnts0
thherein made; NOTARY PUBLIC da- 16
providing that this ordinance _ ,
shall becumulativeof allordl-
nances' providing a severa-
bllity clause;providing for a
penalty for violations hereof;
providing a savings clause; T ` R R A N T C O L N T , TEXAS
providing of publication in the
official newspa r; and pro-
viding an effective date.
Section 7.Any person,firm or
corporation who violates,di- pv `��
sobeys,omits,neglects or re- G"'"••�d4�
fuses to comply with or whoINDA K. BLEVINS
resiststheenforcementofanyy :::::c...;.
' ':: .'of the provision of this ordi- �` ?'% CrMMiSSiONEXPIRESHance stealI be fined not more �� `"' S�PTEMBER13, 1997than Two Thousand Dollars •+�s(S2,000.001 for each offense. �!";F' F_
Each day that a violation is ``,
permittedtoexistshall consti-
tute a separate offense.
PASSED AND APPVROVED _
-TEAR ALONG THISCounnc ldthisdthe 15thidaylof TURN THE LOWER PORTION WITH YOUR PAYMENT
March 1994.
Gary f'Ickes,
Mayor of Southlake
Attest:
SandraL.LeGrand, REMIT TO : 400 W. SEVENTH , FW, TX 76102
City Secretary
Passed and Approved
As To Form:
W Ei.,All len Ta Y r,Jr. F';E�'V�il� (:: :► • X X X X XX 1-2051
Forprth tar-i ie ACCOUNT NUMBER C I T 5 7 AMOUNT
DUE 29. 90
1 I
PAGE OF
1111 CITY OF SOUTHLAKE
667 N CARROLL AVE 29.90 1
SOUTHLAKE TX 76092-9595 PLEASE PAY
THISAMOUNT ,
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
E STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M RIVERA 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 NO11 DESCRIPTION AD Si;E '' ,I I AMOUNT
MAR 04' 2632435 CL . 358 1 NOTICE 1X61 L 61
PUBLIC ARING • 46 28.06
mar 4 NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that theCitvCoun- --- -- - - --- --
c°° of the City of Southlake,
1 as,will beholding a public
b vino during the Regular
• .r Council meeting to be
ddon March.m. 199 begin-
ng at 7:00 p.m.the meeting
kill be held in the Cliv Council
1 Chambers of City Hail, 667
North Carroll Avenue,South-
- 1 lake, Texas. The purpose of
the public hearing is to consid-
er the following.TY ordinance:
F inance:
SOUTHLAKE TEXAS
ORDINANCE NO.480-113
An ordinance amending Ordi-
nance No. 480, as amended,
The Comprehensive Zoning
Ordinanceof theCityof South-
lake,Texas;a cantingazoning �__/� f i
change la a certain eCitract or N E D �`
tractsoflandwithinihe Ifvof
Southiake, Texas being ap-
SUBS CRIBED AND SWORN proxlateiva8.345acretrad THIS —THE
PU• A Of I 9
manS outof uelFree- 7 t k MAR H 1994
el
`� man Survey,Abstract No.525 L I C I�/� f r A�rr •
and beinga portion of Tract 1
ir
of the W.E.Mayfield Subdlvi-
-+���� slop,and more fully edin E com-
��1lY.P,e y letely described In Exhibit? ti 'A" from 'C-3" General
���_ � Commercial District and T ' RRANT COUNTY, TEXAS
r AG"Agricultural to"C-3"
Si,�, /7 General Commercial District
~ff.... ..sr, mbiectt ntaispecific
eedd Ini reauldi-
``h: Hance;ccorrecting the Offical
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 becumulativeof all ordi-
a-
bility clause;providing for a
AIL '4'..... penalty for violations hereof;
„..---TEAR ALONG T providing a saving9s clause; RETURN THE LOWER PORTION WITH YOUR PAYMENT--,
provfdin for publication In y
the official newspaper and
providing an effective date.
City of Southiake,Texas
Sandra L.LeGrand REMIT TO : 400 W . SEVENTH , FW, TX 76102
City Secretary
FortpithStar.Telegram ACCOUNT C I T 5 7 AMOUNT
NUMBER DUE 2 8 :0 6
1 1
PAGE OF
CITY OF SOUTHLAKE
S N
667 N CARROLL AVE
SOUTHLAKE TX 76092-9595 PLEASE
ASE PAY AMOUNT 28.06
ATTN : SANDRA LE GRAND
PLEASE WRITE IN AMOUNT ENCLOSED