480-134CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-134
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 S OUTHLAKE, TEXAS BEING 30.4315
ACRES OF LAND SITUATED IN THE T.M. HOOD SURVEY,
ABSTRACT NO. 706, TRACT 9B, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "CS" COMMUNITY SERVICE 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 thc 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 hereinal'ter 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 proper~y 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
thc 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 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 them has been
a change in the conditions of thc 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
or' Southlake, Texas, passed on thc 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 30.4315 acre tract of land situated in the T.M. Hood Survey, Abstract No.
706, Tract 9B, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural to "CS" Community Service
District, 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 adequale 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 Ihe 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 wdidity 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
relinses 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 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 lst reading the /6~ day o~,~ ,1994.
ATTEST:
Cf~Y SECRETARy
PASSED AND APPROVED on the 2nd reading the ~, day of~~,,.t-9~94.
I~AYOR ,~/
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY // ~
ADOPTED:~] ~'~,/qe/
Page 5
EXHIBIT "A"
tIEING a port[on o[ Th(, T. H. IIOOO SURVEY, Abstrac! 1706, In Tartaric Count}-, Tt:KaS,
Yhat sam~ ~roct of kand conveyed to JOhn b. Clo~ by deed recorded Ln Valuta(: 3966,
Deed Records. Tartan[ County, Texas. dc-scribed by metes and bounds .3s
and being
Page [07,
BEGINNING at Th(. Soulh bast' o( an old cafLcoad ~[e ii'ace cocn{.r, th{, Southeast cocnt~r of sa£d
TIIENC[; HOl:'th 00 degct, t?s-53 re{autos-33 seconds g{ast, ~tfth sold toad. t336.52 lit'et:
TII~NCF. South 89 deg£¢-cs-23 mlnot{-s-36 s~-conds E,~sl.' at 24.0 fl't-t a 5/8 Lnch icon l
an alu railroad I[e fenc(, cachet, tn the Eanl llne DE said road. coat fnufng, gong-rally with
old wire f(,nc{:, [n ail, 985.44 fec~ Fo an aid cairoad {it. [(.nc(-
South, gene, taLly ~,i[h an old ,~[co fence. 1.125.92 [('~-t tn th(' POINT OF GEGiHHING and
coniSining 30.43[5 accc. s of Land.
Page 6
EXH~B] T "B"
\
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Ordinance No. 480-134
Page 7
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
T"r- STATE OF TEXAS
Inty of Tarrant
Before me , a Notary Public in and for said County and State, this day
personally appeared DAWN M.R IVERA 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 :
r
DATE ! AD INVOICE NO.r DESCRIPTION AD SIZ CHI RATE AMOUNT
___�,_ } + INCH LINE
JUL 22 3009778 CL. 358 1X75 L 75 . 46 34 . 50
july 22
P . O . # ORD . #480-134
NOTICE OF
PCUBLIC HEARING '
ENT TO ALL INTERESTED
PERSONS that the City Coun-
cil of the City of Southlake,
blic
Texas,
durrl ei g the9Reg Regular
City Council meefing to be
held on August 2 1994,begin-
ning .00p.m.`fhe meetin
will be held in the City Couna
I Chambers of City Hall, 667 •
North Carroll Avenue,South-
lake,Texas. The purpose of
'thepublic heariingIstoconsid-
erthe follwin ordinance:
OF
j SOUTHLAKE TEXAS
ORDINANCE N1O.480-134 SIGNED X1)1C(1.007:-)1%1 '.P.dtd4e.X.
JBSCRIBED AND 1 ING ORDNANCE AMEND. 448 , RE ME , THIS THE 25TH D Y OF JULY, 1
AS AMENDED THECOM-
PREHENSIVE LONINGOR- ° <
SSOUTHLAKEHETEXAS NOTARY PUBLIC �1 /C - �?
GRANTING A ZONING` ��/� L/
CHANGE ON A CERTAIN
TRACT OR TRACTS OF TARRANT COUNTY, TEXAS
LAND WITHIN THE CITY
OF SOUTHLAKE TEXAS
BEING 30.4315 ACRES OF
LAND SITUATED IN THE �u� '�u
T.M. HOOD SURVEY, AB- jIND8
STRACT NO. 706 ANDMORE FULLY ANfS CON ' COMMISSION MIRES
EXHIBI Y DESCRIBED IN •� SSI i/�IREEXHIBIT A FROM AG AGRICULTURAL TO "CS" �COMMUNITY SERVICE 'ytE,- , � SEPIEMBI:R 13. 1997
DISTRICTT SPE ! SUBJECT
TO 'hN i
REE-
MENTS CONTAINED IN
THIS ORDINANCE COR-
RECTING THE OFFICIAL
ZONING MAP,. PRESERV-'ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT TEAR ING ALL O HER POR-
TIONS
TIONS OF THE ZONING
TER PORTIONSOFTHE
ZONING ORDINANCE;DE-
TERMININGPLICI THAT THE REMIT TO : 400 W . SEVENTH, FW, TX 76102
PUBLIC INTEREST,MOR-
EARE DEMANDT HE ZON-
Port Worth
ING CHANGES ANDAMENDMENTS HEREIN � t�ii TO' �`MADE PROVIDING THAT gram
THIS ORDINANCE SHALL!
ORDINANCES-PROVID
3009778 ING A SEVEI2ABILITY ACCOUNT AMOUNT
CLAUSE;PROVIDING FOR NUMBER CIT57 DUE 34 . 50
A PENALTY FOR VIOLA-
TIONS HEREOF PROVID-
ING A SAVINGS' CLAUSE; 1PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
V DING ANRLFFECT E
DATE.
City of
Southlake,Texas
ity Secretary
CITY OF SOUTHLAKE
667 N C A R R O L L A V E PLEASE PAY 34 . 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tbrt Worth Stariëlegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
--7 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 :
DATE AD INVOICE NO. DESCRIPTION AD SIZE " "` E-INCwuNt AMOUNT
AUG 05 3019439 CL . 358 1X65 L 65 . 46 29. 90
AUG 5
P . O . # ORD #480-134
SOUTHLIAKE TEXAS
ORDINANCE NO.480-134
I
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THECOM-
i DINANCE OF THEN CITY OF
GRANTING EA ONINO
CHANGE ON A CERTAIN •
TRACT OR TRACTS OF
LAND WITHIN E CITY
, OF SOUTHLAKE TEXAS
11061C20441116:141‘
TMNHOO SURVEYSABF
LAND SITUATED N THE
STRACT NO 706 TRALT9B I SIGN D
AND MORE FOLLY ANIj
UBSCRIBED AND COMPLETELY DE- E ME , THIS THE 5TH (, IAY OF AUGUST, 94
SCRIBED IN EXHIBIT"A"
FROM "AG" AGRICULU- NOTARY PUBLIC !/1L�� /�
TYASERVICE DISSTR CT, `
SUBJECT TO THE SPECIF-
IC REQUIREMENTS CON-
TAINED IN R ODI- TARRANT CO TY, TEXAS
NANCE CORRECTING
CTINGNG
THE OFFICIAL ZONING
MAP. PRESERVING ALL •
OTHER PORTIONS OF THE
ZONING ORDINANCE;DE- 4.{1j•,"
TERMINING THAT THE �.{� LINDA K. BLEVIN$
PUBLIC
AND GENERAL MOR-
ALSEL 2,, '�•.•��/
FARE DEMAND THE ZON• •' ' COMMISSION EXPIRES
ING CHANGES AND 4y;l�r��� $EPTEIViBEA 13, 199)
MADE-PROVIDING TTHAT
THIS ORDINANCE SHALLB ,��
ORDINANCES.CUMULATIVE
CLAUSE;PROVIABILITYI O
-TEAR/A PENALTY FOR VIOLA-ION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
TIONS HEREOF;PROVID-
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
NEWSPAPER AND PRO- REMIT TO : 400 W . SEVENTH , FW, TX 76102
PRO-
VIDING AN EFFECTIVE
PATE. \
CTAKE PASSEDHISTOHE2f D TH- REMIT AND FMITTCI XXXX7Cx1e1JlXXXXXlTXXT1(1(,&1gt2051
OF AUGUST,1994 Gary Fickes,
Manor of Southlake gram ACCOUNT AMOUNT
3019439 Attest:
Sandra L.LeGrand, NUMBER C I T 5 7 DUE 29 . 90
City en -I
Approved as to form.
E.Allen Taylor,Jr. a I
City Attorneyrney
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY hi, 29 . 90
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LE GRAND
PLEASE WRITE IN AMOUNT ENCLOSED - __