480-117CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-117
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
A 1.006 ACRE TRACT OF LAND SITUATED IN THE
FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, TRACT
iN, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-30"
SINGLE-FAMILY 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 role 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 ama immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect
Page I
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 areas to control dust;
effect on the promotion of health ad the general welfare; effect on light and air; effect on the
overcrowding 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 a 1.006 acre tract of land situated in the Francis Throop Survey, Abstract
No. 1511, Tract IN, and more fully and completely described in Exhibit "A,"
attached hereto and incorporated herein.
Page 2
From "AG" Agricultural to "SF-30" Single-Family Residential District.
Section 2. That the City Manager is hereby directed to correct the Official Zoning
~nap 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 ol' 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 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
Page 3
placc 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 /4 day of~ , 1994.
/
MAYOR
ATTEST:
PASSED AND APPROVED on the 2nd reading the ~ dry of_~ , 1994.
I~A OR
al~ '.q~ ATTEST:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORI~Y~
DATE:
ADOPTED:
EFFECTIVE: /qq¢
Page 4
EXHIBIT "A"
BEGINNING at a 'X' cut in the west right-of-way Ine of Kimba# Avenue 8aid point
being 1289. ti feet Ncr-th and 30 feet West of the inte~eection of Kimball Avenue
and the cenfer line of Dove Road:
THENCE West 182.5 feet to a steel rod:
THENCE South 240.0 feet fo a atccl rod;
THENCE East 182.5 feet fo a steel rod in said West RO, W r~3e of Kimball Avenue
THENCE North along 8aid West R.O.W. ~ne of Kimball Avenue 240.0 feet fo the
P/ace of Beg/nn/ng and containk~g tO06 acres of la.D~ more or le88.
Page 5
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
41r, 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:
CITY OF
ORDINANCEENO.E480 57
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THECOM-
' PREHENSIVELZONINGOR-
I ---_-- __- DI NANCE OF THE CITY OF- AD SIZE TOTAL AMOUNT
DATE AD INVOICE NO.] SOUTHLAKE TEXAS INCH LINE -_
— GRANTING A ZONING`
CHANGE ON A CERTAIN
MAY 06' 2667474 CL• 358 LAND ACT OR
TRACTS
1X75 L 75 • 46 34 . 50
OF SOUTHLAKE, TEXAS
may 6 BEINGA 1.006ACRE TRACT '
OF LAND SITUATED IN
THE FRANCIS THROOP
SURVEY, ABSTRACT NO.
FULLYAANDN
COMPLETE-
LY DESCRIBED IN EXHIB-
IT"A"FROM"AG"AGRI-
CULTURAL TO 'SF-30"
SINGLE-FAMILY RESI-
DENTIAL CONTAINED IN
THIS
THENOFFICIAL
ZONING MAP- PRESERV-
ING ALL 01HER POR-
TIONSOF THE ZONINGOR-
DINANCE-DETERMINING
THAT THE PUBLIC INTER- •
EST,
WELFARE G `
--- DE-
MAND THE ZONING
CHANGES AND AMEND-
MENTS HEREIN MADE
C49be
PROVIDING THAT THIS
ORDINANCE SHALL BEN27 �/�- �-
CUMULATIVE OF ALL OR-
•SUBSCRIBED AND SWORN DINANCES,PROVIDING A THI HE 6TH A.Y. OF AY, 1994
SEVERABILITY F CLAUSE; NOTARY PUBLIC
PROVIDING FOR A PEN-
ALTY FOR VIOLATIONS
HEREOF; PROVIDING A
SAVINGS CLAUSE- PRO-
VIDING FOR PUBLICA-
TION TARRANT COUNT , TEXAS
IN THE OFFICIAL
NEWSPAPER- AND PRO-
VIDING AN AFFECTIVE
DATE.
Section 7.Any person,firm or 1; 0
corporation who violates,dl- 7�;!`.!G�h
sobeys,omits,neglects or re- + '4' .'"'' LINDA K. BLEV NS
fuses to comply with or who �� ' '.��y
resists theenforcementof any
:.of the provisions of this ordl- J 4 COMMISSION EXPIRES
nance shall be fined not more
���'•• \ ' $EPi'EMBER 13, 1997
-_--,-- than Two Thosuand Dollars 4,7:-......••
(57,000.00) for each offense. tits ��
Each day that a violation Is
4.
L permitted toexlst shall constI-
tute a separate offense.
PASSED AND APPROVED
TEAR ALONG TI ON SECOND READING,RETURN THE LOWER PORTION WITH YOUR PAYMENT
DURING THE CITY COON- — -,4
CIL MEETING HELD ON
MAY 3 1994
MAYOR GARY FICKES
ATTEST:
SANDRA L. EGRAND,
CITY SECRETARY REMIT TO : 400 W . SEVENTH, FW, TX 76102
CITY
AS TO FORM:
I E.AL~EN ATTORNEY
JR._ �T gp�,pp p� �y gS� �p
Fort WorthStar-ieiegramf��M , TO: A 11-2051
ACCOUNT AMOUNT
2667474 NUMBER CIT57 DUE 34 . 50
PAC& ]aF 1
S
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 34 . 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT ,
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 :
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONSthat theCltyCoun-,
cif of the City of Southlake,
Texas,will be holding a public
--- -- hearing during the Regular I- fUTAL a1ty Council meeting to be AD SIZE RATE AMOUNT
DATE TAD INVOICE NO. DES Reid on Maya 1994,beginning N(,H/LINE ____
at 7:00•p.m. the meeting will - .._.__ _._.
be held in the city Council 1 X 7 3 L 7 3 . 46 33. 58
APR 22 2659415 CL • 358 Chambers of a
North Carroll Avenue,Hall, 667
S S outh-
th-
a r ?2
lake, Texas. The purpose of
thepubilc hearing istoconsld-
•-ar the following ordinance:
- CITY OF
.'.SOUTHLAKE TEXAS
:QRDINANCE NO.480-117
„A ORDINANCE AMEND-,
ORDINANCE NO. 480,
AS AMENDED THE COM-
PREHENSIVE tONINGOR-
DIANNCE OF THE CITY OF
SOUTHLAKE TEXAS
?RANTING A ZONING;
CHANGE ON A CERTAIN
TRACT OR TRACTS OF,
LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS
DEINGA1.006 ACRE TRACT
OF LAND SITUATED IN •
THE FRANCIS THROOP
SURVEY ABSTRACT NO.
1511,TRACT IN1UD
'
R ='BS RIBED A D SWORN TO SINGLE-FAMILYENL DITCTSUBHIS THE 22ND Y OF APRIL, 19 4
40
JECT TO THE SPECIFIC
REQUIREMENTS CON-
TAINED IN THIS ORDI-
NANCE CORRECTING
THE OFFICIAL ZONING
O � PTNFTTHRORIO O HE TARRANT CO TY, TEXAS
ZONING ORDINANCE;DE-
TERMINING THAT THE
PUBLIC INTEREST,MOR-
ALS AND GENERAL WEL- ��o N
FARE DEMAND THE ZON- R ' 'Pedt
ING CHANGES AND it'Jçi
%,h,,fIINDAKBLINS
AMENDMENTS HEREIN ttt 'i COMMISSION EXPIRES
r'
$E CUMULATIVE OF ALL ' ,,, ..17 SEPTEMBE 13, 1997
'iNG IA SECVE•RABI I D i'e, Fti
CLAUSE;PPROVIDING FOR s
A PENALTY FOR VIOLA-
TIONS HEREOF; PROVID-
ING A SAVINGS CLAUSE;f-TEAR ALONG THIS CaON IN THEOOFFICBA _L URN THE LOWER PORTION WITH YOUR PAYMENT
NEWSPAPERL AND PRO-
VIDING AN EFFECTIVE
DATE.City of Southiake,Texas
Sandra L.LeGrand REMIT TO : 400 W. SEVENTH, FW, TX 76102
City Secretary
Fort Worth 27-MIT:° In ri(X1R6XXVONNIN MYXiR1.2o51
far-Tel e g ra rn ACCOUNT AMOUNT
2659415 NUMBER CIT57 DUE 33. 58
PAGE LF 1
CITY OF SOUTHLAKE
1111 667 N CARROLL AVE PLEASE PAY 33.58
SOUTHLAKE TX 76092-9595 THISAMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED