480-116CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-116
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
3.1 ACRES SITUATED IN THE FRANCIS THROOP SURVEY,
ASTRACT 1511, TRACTS 1AA, 1E, AND A PORTION OF
TRACT lei, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
AND "C-l" NEIGHBORHOOD COMMERCIAL DISTRICT TO
"S-P-2" GENERALIZED SITE PLAN 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 ~nap 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
and "C-I" Neighborhood Commercial District 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
Page 1
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 sudh 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
fbr 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 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 arc needed, are called for, and are in the best interest of the public at large, the
citizcns 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 §outhlake, Texas, passed on the 19th day of September, 1989, as originally adopted and
amended, is hereby amended so ~hat the permitted uses in the hereinafter described areas be
altered, changed and amended as shown and described below:
Page 2
Being 3.1 Acres situated in the Francis Throop Survey, Abstract 1511, Tracts
1AA, 1E, and a portion of Tract 1El and more fully completely described in
Exhibit "A," attached hereto and incorporated herein.
From "AG" Agricultural and "C-1" Neighborhood Commercial District to
"S-P-2" Generalized Site Plan District to allow mini-warehouse storage as
depicted on the approved Concept Plan attached hereto and incorporated herein
as Exhibit "B".
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
co~nmercial 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.
Page 3
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.
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~ff/' , 1994.
ATTEST:
C~Y SECRETARY
Page 4
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: ~/-,,~
C:\ORD\ZONING\480A 16
Page 5
EXHIBIT "A"
All the certain tract or parcel of .land located in the Francis
Throop Survey Abstract 1511, Southlake, Tarrant County, Texas and
being more particularly described as follows:
BEGINNIMG at the intersection of the north line of Dove Road with
the west l~ine of North Kimball Avenue;
THENCE North 64 degrees 06 minutes West'205.26 feet along~he.north i
right-of-way line of Dove Road to the Point of Beginning~
THENCE North 64 degrees 06 minutes West 200.52 feet along the north
righ%-of-way line of Dove Road to a point in the east line of
Tori~n Lane (unrecorded plat)~
THENCE North 343.95 feet along the east line of said Torian Lane to '
a point for a corner~
THENCE~ East 365_00 feet to a point i~ the west right-of-way of-
North Kimball Avenue7
THENCE South 379.84 feet along the west right-of-way of N. Kimball
Avenue to a point~
THENCE South 66 degrees 33 minutes 30 seConds East 174.88 feet to
a point;
THENCE South 11 degrees 30 minutes 15 seconds West 123.55 feet to
tile Point of Beginning and containing 3.1 acres.
Page 6
EXH I BI'F "B"
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
iliE
STATE OF TEXAS
unty 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 :
NOTICE OF
PUBLIC HEARING
ENT HEREBY
ALLNTRSE
PERSONS that the City Coun-
Il of the City of Southlake,
DATE AD INVOICE NO. -
DE: Texas,will beholdingapubilc TOTAL
hearing duringthe Regular AD SIZE INCH;UNE RATE AMOUNT
- - ----_-_-- _ City Council meeting tog be
MAY 06 2667527 CL• 358 nengat700ym.The eeeeilnng IX77 L 77 ' • 46 35. 42
will beheld in the City Council
M A V 6 Chambers of City Hall, 667
North Carroll Avenue,South-
lake,Texas. The purpose of
the publ is hea rll ng i s focon sid-
er the following OF inance:
CITYSOUTHLAKE TEXAS
ORDINANCE NO.480-116
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THECOM-
PREHENSIVEZONINGOR- .
DINANCE OF THE CITY OF
SOUTHLAKE TEXAS,
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WIHTIN THEC ITY
OF SOUTHLAKE, TEXAS 'MI
BEING 3.1 ACRES SITUAT-
ED IN THE FRANCIS
THROOF SURVEY AB-
STRACT 1511,TRACTS IAA
1E, TD A PORTION OF // / /
TRACTU N ANDO MORE I► //
FULLY AND COMPLETE-
III SUBSCRIBED AND SWORN TO IT'AESFROMDAGEAGRI- HE 6T 0 0 AY, 1994
CULTURAL AND "C-1"
NEIGHBORHOOD coM- NOTARY PU: LIC L
i.
MERCIALDISTRICT -
P-2" GENERALIZED EBTURNPLAN SIF RE-
QUIREMENTS CO ' TARRANT CO N , TEXAS
TAINED IN THIS ORDI- ,
i ------
NANCE- CORRECTING
THE OFFICIAL ZONING
MAP, PRESERVING ALL
OTHER PORTIONSOF THE "`
ZONING ORDINANCE;DE- ;'r''�A'y - - -
TERMINING THAT THE ' ' .;t, LIND• K. BLEVINS
PUBLIC INTEREST,MOR- #. o' .S COMMI SION EXPIRES
LAS AND GENERAL WEN- ` y
FARE DEMAND THE ZON- i,�''„�., �#"l f"1
AMENDMENTSEHEREIN .4�F. "1i-4- SEPTE BER 13, 1997
MADE- PROVIDING THAT 1`` 1.f"�`
/ THIS ORDINANCE SHALL
AUL BE CUMULATIVE OF ALL
ORDINANCES PROVID-
TEAR ALONG THIS F ING A SEVERABILITY
yMOINIM
CLAUSE;PROVIDING FOR JRN THE LOWER PORTION WITH YOUR PAYMENT-�
A PENALTY FOR VIOLA-
TIONS HEREOF; PROVID-
ING A SAVINGS CLAUSE,
PROVPUBLI-
CATION FOR OFFICIAL
REMIT TO : 400 W . SEVENTH, FW, TX 76102
NEWSPAPETHE
,AND IPRO
VIDING AN EFFECTIVE
DATE.
Fortqjth
Star.1 tke;T�xas I at tl `v� t �i i�
ACCOUNT AMOUNT
r; NUMBER CIT57 DUE 35 . 42
1 1
7-
zz PAGE OF
CITY OF SOUTHLAKE
II 667 N CARROLL AVEPLE SE PAY 35 . 42 1
SOUTHLAKE TX 76092-9595 THIS AAMOUNT
ATTN : SANDY LEGRAND
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 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 NO.! DESCRIPTION AD SI2E l,,,'r AMOUNT
MAY 20 L__
--------__—�' CITY OF EXASHLAKE,
2675768 CL . 358 ORDINANCENO.480-116 1X77L 77 . 46 35. 42
tnay 20 AN ORDINANC AMEND-
INGpOORDIINApN TE NO. 480,
wee
OF THE CITY OF
SOUTHLAKE TEXAS
GRANTING A 7nN/NC
CHANGE ON A CERTAIN
, TRACT OR TRACTS OF
LAND WITHIN THE CITY
OF SOUTHLAKE,
TEXAS,1 EING 1ASIU
ED IN THE FRANCIS-
THROOP
U11TAS
I IAA, 1E AND A PORTION
FRYt1OLEFUL AND CMPTE
LYDESCRIBEDINEXHIB-
IT"A"FROM"AG"AGR I-
'CULTURAL AND "C-1" •
NEIGHBORHOOD COM-
MERCIALDISTRICTTO"S-
P-2"GENERALIZED SITE
PLAN DISTRICT SUBJECT
•QUIREMENTSIFICCON-JED
.1.e.1,(.1e-404.w
TAINED IN THIS OR DI- +
BSCRIBED AND SWORN 1 NANCE CORRECTIN THI THE 20TH AY OF MAY, 9
40
THE OFFICIAL ZONING NOTARY PUBLIC
MAP PRESERVING ALL �
OTHER PORTIONSOF THE1
ZONING ORDINANCE;DE-
TERMINING THAT THE
1
1 ALSANDGE INTEREST,
TARRANT COUNTY, TEXAS
FARE DEMAND THE ZON- !
ING CHANGES AND
AMENDMENTS HEREIN
MADE- PROVIDING THAT _+�a�`p,�i
THIS ORDINANCE SHALL Ah•!-4'N
I BE CUMULATIVE OF ALL '§' '%!� LINDA K. Bl VtNS
ORDINANCES PROVID-
CLAUSE;PROVIDINGFOR •' �ri.� COMMISSION XPIRES
APENALTYCLAUSE-PRO- rr '/\+{1 SEPTEMBER 13, 1997
VIDING FOR PUBLICA- h
TION IN THE OFFICIAL rtit. v.
NEWSPAPER- AND PRO-
VIDING AN EFFECTIVE
DATE.
SECTION
cCorpooratrlon who violates —
,,,—TEAR ALONG TI- disobeys, omits, neglects or RETURN THE LOWER PORTION WITH YOUR PAYMENT—
refuses to comply with or who
resIststhe enforcement ofan
of the provisions of this ordi-
nance
( shall be fined not more
than Each for eac of-eonss REMIT TO : 400 W . SEVENTH, FW, TX 76102
permittedtoexistshallconstl- -
lute a separate offense.
Fort Worth far, PASSED AND APPROVED RFill'i?'l'!: Ufa K9fQ1X�QX ?XIN111 2051
ON SECOND READING,
DURING THE CITY COUN-
CIL MEETING HELD ON
2675768 MAY 17 1994. ACCOUNT AMOUNT 35. 42
MAYOI ,GARYFICKES NUMBER CIT57 DUE
ATTEST: SANDRA L. LE-
GRAND, CITY SECRE-
TARY
APPROVED AS TO FORM:
CITY ATTORNEY, E. AL- i 1
LEN TAYLOR,JR.
CITY OF SOUTHLAKE
1110 667 N CARROLL AVE 35. 42
SOUTHLAKE TX 76092-9595 PAY li .
THISPLEASE AMOUNT
ATTN : SANDRA LE GRAND
PLEASE WRITE IN AMOUNT ENCLOSED