480-133CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-133
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 0.862
ACRES SITUATED IN THE A.A. FREEMAN SURVEY,
ABSTRACT NO. 522, BEING TRACT 2A1B, 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 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 the motoring public and the pedestrians using the
G:\0RD\Z0NING\480 -133
Page 1
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 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:
GAORMZONING \480 -133
Page 2
Being a 0.862 acre tract of land situated in the A. A. Freeman Survey, Abstract No.
522, Tract 2A1B, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural to "SF -30" Single - Family
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 effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
G:\ORMONINM480 -133
Page 3
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 5 1994.
�M - I re j- AYOR
ATTEST:
,rut) ITY SECRETARY
PASSED AND APPROVED on the 2nd reading the I day ofkZtAeA), 1994.
�E TF, MAYOK
ATTEST:
CITY SECRETARY
GAORDVONING \480 -133
Page 4
APPROVED AS TO FORM AND LEGALITY:
L", -!:!!.G.
CITY ATTORNEY
DATE:
GAORMZONINGW80 -133
Page 5
EFFECTIVE:
EXHIBIT "A"
The land referred to in this policy is described as follows:
A tract of land in the A. A. Freeman Survey, Abstract No. 522, situated in
Tarrant County, Texas, and being that portion of a called 3.25 acre tract
described in a deed to J. W. Sullivan, Sr. and wife Valta Lea Sullivan, of
record in Volume 3370, Page 647, Deed Records, Tarrant County, Texas, as
described in a Deed to Elizabeth Brister of record in Volume 8639, Page 1653,
Deed Records, Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
c1M-fla]CE at a 1/2" iron found at the Southeast corner of the tract described
in Volume 3370, Page 647, above referenced, said point being, by deed calls,
303 varas East and 1203 varas South of the Northwest corner of said Freeman
Survey, thence West 164.69 feet along the South line of the last reeferenced
tract to an iron in same for the Southeast corner and POINT OF BEGINNING of
the herein described tract;
THENICE [Vest 189.44 feet to a 1/2" iron found for the Southwest corner of the
herein described tract;
11JENCE N. 25 degrees 20 minutes 24 seconds W. 179.38 feet to a 1/2" iron found
.poi the Northwest corner of the herein described tract, said point being in
-t.F1e apparent South R.O.W. line of Peytonville Avenue;
- THENCE N. 65 degrees 03 minutes 49 seconds E. 171.21 feet along said line to a
'r2" iron found in same for corner;
THENCE S. 25 degrees 20 minutes 24 seconds E. 259.25 feet to the POINT OF
BEGINNING and containing 0.862 acres, more or less.
SAVE AND EXCE'pT that portion of the above described tract described in a deed
to Arvida /.AB Partners L.P. II of record in Volume 10474, Page 1916, Deed
Records, Tarrant County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2" iron at the Southwest corner of the above referenced
tract;
THENCE N. 25 degrees 20 minutes 24 seconds W. 0.94 feet along the West line of
the above referenced tract to a point in the North line of Block 3 of
Southridge Lakes, Phase III, Section One, as shown on a plat of record in
Cabinet A, Slide 782, Plat Records, Tarrant County, Texas;
THENCE S. 89 degrees
line of Volume 8639,
3 to a point in same
THENCE S. 25 degrees
at the Southeast cor
aix)ve referenced;
46 minutes 57 seconds E. (plat bearing rotated to South
Page 1653) 189.78 feet along the North line of said Block
for corner;
20 minutes 24 seconds E. 0.14 feet to a 1/2" iron found
aer of the tract described in Volume 8639, Page 1653,
THENCE West 189.44 feet along the South line of said tract to the POINT OF
BEGINNING and containing 0.002 acres, more or less.
G:\ORD\ZONING\480-133
Page 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
Tub STATE OF TEXAS
inty 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. , d,! TOTS. AMOUNT
OCT 21! 3071025 CL . 358 1X75 L 75 . 46 34 . 50
oct 21
P . O . # ORD 480-133
CITY OF
SOUTHLAKE TEXAS -
ORDINANCE 480-133
AN ORDINANCE AMEND
ING ORDINANCE NO. 480, ---------......
AS AMENDED THE COM
PREHENSIVEZONINGOR-
DINANCE OF THE CITY OF
SOUTHLAKE TEXAS
GRANTING A ZONING
CHANGE ON A CERTAIN
TRACT OF TRACTS OF
LAND WITHIN THE CITY
OF SGUTHLAK E,_TEXAS —_
BEING 0.862 ACRES SITU-
ATED IN THE A.A. FREE
MAN SURVEY ABSTRACT •
NO. 522, BEING TRACT SIGNED
2A1B, AND MORE FULLY
UBS RIBS ► , ' ► sca°IBEoINEZH1aT°A;RE ME,__ THIS THE 21ST Y-6= OCTOBER, 94
FROM 'AG' AGRICUL-
TURAL To "sRESI EN- NOTARY PUBLIC �, I r'
GLE-FAMILY RESID IN-- _, `l1(�(� �t
TIAL DISTRICT SUBJECT
•
TO THE SPECIFIC RE- TARRANT CO' Y, TEXAS
RE-
nil NEEM D IN THIS OCRDONI-
---------- NANCE- CORRECTING
THE OFFICIAL ZONING
MAP; PRESERVING ALL
THE PORTIONS OF THE ��
ZONING ORDINANCE;DE-
TERMINING THAT THE ��� [ A K BLtVI(VS
PUBLIC INTEREST,MOR•
unr
r ALS AND GENERAL WEL-
FARE DEMAND THE ZON-
ING ;,� COMMISSION EXPIRES
S3i �i E CHANGES AND g,�
AMENDMENTS HEREIN h;E.......,�: SEPTEMBER-t , I991
CITY Hi ,.ETARY MADSE, PROVIDING
ROV DIN STALL ''
BE CUMULATIVE OF ALL
ORDINANCES; PROVID-
VIOLATIONSNHEREQF
TEAT CLAUSE,-
Lp SI -PROVIDINGFOR\TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
FICIIALNEWSPAPER AND
PROVIDING AN E�FEc-TIVE DATE. REMIT TO : 400 W . SEVENTH , FW , TX 76102
Section 7.Any person,firm or
corporation who violates,di-
sobeys,omits,neglects or re-
POr rt ' fuses to compply with or whc , •---" ,
resiststhee ho sand tofanyy, ram PE i1l.l� O: ,► '(.�Q. XMCX (IX�( (kVXFj(rX)00 000-2051
the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars�/ ACCOUNT AMOUNT
0 0 eachd ay that a vloiat onss NUMBER C I T 5 7 DUE 34 . 50
permitted to exist shall consi-
lute separate offense.
PASSED AND APPROVED
BY THE CITY COUNCIL OF
THE CITY OF SOUTH-' OF 1
LAKE THISTHE18THDAY
OF OCTOBER,1994.
Gary FIckes,
Mayor of Southlake
Attest:Sandra L.LeGrand,
City Attorney
Approved as to form:
E.Allen Taylor Jr.,
City Attorney
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY 34 • 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT ,
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
T'JE STATE OF TEXAS
Anty 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 :
TOTADATE AD INVOICE NO. DESCRIPTION AD SIZE CH/LINE
RATE AMOUNT
SEP 23 8047699 CL . 358 1X73 L 73 . 46 33. 58
Sept . 23
ORIF
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PER SONS that the City Coun-
cil of the City of Southlake,
Texas,will be holding public
hearing during the Regular
ular
City
onoOct Council
4_11994,be Inn--
ning at 7:00 p.m.the meet logg
will be held In the Clty Council •
Chambers of City Hall, 667
North Carroll Avenue,South-
lake, Texas. The purpose of
thepublichearing is toconsid-
-- --- --- er the followingordinances: - - -
CITY O TEOXSHLAK E,
ANRORDIINANCE AMEND- SIGNED '''''.'')71 ILI g ij e I f€.4. °
UB NCRIB ► . ' ► SW ASAMENI MV—FiE et ME, THI THE 23R3 'DAY 0 SE E ' 1994
PREHENSIVELONINGOR-
DINANCE OF THE CITY OF NOTARY PUBLIC
SOUTHLAKE, TEXAS
- _.... GRANTING A ZONNG' ........... .. .... '1it-')
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY TARRANT CO U T 1 TEXAS
- OF SOUTHLAKE, TEXAS
BEING 0.862 ACRES OF
LAND SITUATED IN THE _�aM1
A.A. FREEMAN SURVEY 'i�••••••va4�
ABSTRACT NO.522 BEING` 4' %', LINDA K. BLEV NSt TRACT 2A181,ANd MORE lll� 'IiM COMMISSION EXPIRES
LYDESCRIBEDINEXHIB � vk " pN
IT"A"FROM"AG"AGR I- i1l�• SEPTEMBER 13, 1997
CULTURAL TO "SF-30" I, .•••t'
SINGLE-FAMILY REST- .�
DECT ITO OTHERSPTECIF C
•
REQUIREMENTS CON-
TAINED IN THIS ORDI-
i ��iL�.� THE OF`FICIIALZONIING
TEAR AL(MARL PRESERVING ALL J AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
- OTHER PORTIONSOF THE
ZONING ORDINANCE;DE-
TERMINING THAT THE
PUBLIC INTEREST,MOR-I
FAREDEMANDRTHEZON- REMIT TO : 400 W . SEVENTH , FW, TX 76102
ING CHANGES AND
AMENDMENTS HEREIN
Fort rth MADE PROVIDINj
THIS ORDINANCEIN CUMULATIVEORDINANCES NING A SEVE{2AIDI ram A PENALTY FOR NUMBER C I T 5 7 DUE 33 . 58
w. d TIONS HEREOF PROVID-
i II ' ING SAVINGS'CLAUSE;
.yj�l PROVIDING FOR PUBLI-
N f`lq CATION IN THE OFFICIAL
NEWSPAPERL AND PRO-,iy 1
VIDING AN AFFECTIVE OF
DATE.
/// City of Southlake,Texas
Sandra L.LeGrand
City Secretary '
CITY OF SOUTHLAKE
667 N C A R R O L L A V E PLEASE PAY 33 . 58
SOUTHLAKE TX 76092-9595 THIS AMOUNT 1.
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED