480-138CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-138
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSWE 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 7.00
ACRES OF LAND SITUATED IN THE M. MAHAFFEY
SURVEY, ABSTRACT NO. 916, TRACT 5, DENTON COUNTY,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBiT "A" FROM "AG" AGRiCULTURAL TO "RE" SINGLE-
FAMILY RESIDENTIAL ESTATE 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
adopled 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 ~velfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural under
thc 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 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,
WItEREAS, 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 proxixnity 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 tbr the tract or tracts of land are needed, are
called for, and are in thc 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 7.00 acre tract of land situated in the M. Mahaffey Survey, Abstract No. 916,
Tract 5, Denton County, and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "AG" Agricultural to "RE" Single-
Family Residential Estate 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 ail other respects the use of the tract or tracts of land herein above
described shail be subject to ail the applicable regulations contained in said Zoning Ordinance and
ail 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 co~nprehensive 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 conununity. 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 shail 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 thc 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 thc 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 thc enforcement of any of the provisions of this ordinance shail
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
Page 3
such accrued violations and 'all pending litigation, both civil and criminal, whether pending in court
or nol, 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 1 st reading
~ ~ ~,,*"' {Ciq~53 SECRETARY
PASSED AND APPROVED on the 2nd reading the
ATTEST:
C TY SECRETARY
APPROVED AS TO FORM'AND LEGALITY:
CITY ATTORNEY
ADOPTED:
EFFECTIVE'
Page 5
EXHIBIT "A'
l~¢lng a tract or paroel of lend ${fuofed I~ the M. Mal~affe~v
~t~c~ NO. ~, I~ D~nton Counly. Te~o~, and beln~ ~ portion Of
J~[ Page 422, of Ihe De~d Recorde of O~Ot~ Coun~ Te~at,~DRDCT),
qnd being more p~rtlcularly delcrlb~d b~ mate~ Ohd bound~ aa
Commencing at o naif tound in Bob
f~e NorilleaSt corner of
Volume ~59, Po~e 484, DRQCT;
' leo. poh[ f~r corner, an~ the,Point of aeglnnin~ of the tract
h~rM~ dadcr~bed. Frnm
being the Norihweot comer afa tract of load described In a dead
f25E, Page 905, DRDCTI
of 35.17 feet, contlnuh~
o' 5~ inch iron rod f~und for comer, aald point being the
lind o[ Wes[ Beach Addition~( Deed doll: South O0 de9. 35 mln. 02.8
aald Wea~ Deooh Addition. o
o fence poe( (or corner. ~a~d pOIn~ bMng the ~ou~heagl cor~er of
a troat of land d~acrlba~ [~ a deed fo M~le~Hellen ~ja H~,
~once Norlh O0 ~e~, ~4 min. 55 ~ec. We~, along ~he Eoet lido or
cold H~ tracf, o distance
BOb Jone~ ROad. ~ld palnl bOla~ [he Not.east corner
o~ ~aJd Hy~ track ( O~od CdlI~ N~rth O0
tO ~he Poln~ al ~;nala~, and coatoialn7 7.00 acr~ of Iond, marc
~ I~.
Sdve end Except any or~d alt portion thereof COnjoined wlillin any
public or priva(~ roadway,
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 INVOKE NO DESCRIPTION AD SIZE f ,E1 I- RATE AMOUNT
JUL 22 3009889 CL . 358 1X75 L 75 . 46 34 . 50
july 22
P . O . # ORD . #480-138
CITY OF
SOUTHLAKE TEXAS
ORDINANCE o.480-138
AN ORDINANCE AMEND- ..
ING ORDINANCE NO. 4E0,
PREHENSIIVEZON NGOR-
I"SO�C/THLAK THE
TE CITY
IF
GRANTING A TONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF •
LAND WITHIN THE CITY
OF SOUTHLAKE TEXAS.... ....... .............. .. __
BEING 7.00 ACRES OF
LAND SITUATED IN THE
MAH TRACT SUR-
VEY, IGNED ��
ABSTRACT NO. 916,
0 )71 ":76)eikz.
TRAT5 DENTON COON
— JBSCRIBED AND SWOF INbACNpmMOR ELY i LE IE, THI THE 251 AY OF JULY,
SCRIBED IN EXHIBIT"A" NOTARY PU.LIC 99
FROM "AG" AGRIGLE- /� r_ q�
FAMILY RESIDENTIAL
JECTTTODTIHER SPTECIFI /
REQUIREMENTS CON- �J TARRANT CO Y, TEXAS
- --- - TAINED IN THIS ORDI-
NANCE; DETERMINING
THAT THE PUBLIC INTER-
EST MORALS AND GEN-
ERAL WELFARE DE �¢R• •�4�
•MAND THE ZONING it.:_. UNDA v BL
CHANGES AND AMEND-' {' ' �:ny /, K.
MENTS HEREIN MADE,. 4 ��!.f,
• PROVIDING THAT THIS` y,c. /41 C04+111 E> ES
.ORDINANCE SHALL R• y A•. r L�11SC
DIINANCESVPROV DIN GA Ih4,,ik = SEPTEMBER 13, 1997
-SEVERABILITY CLAUSE;
- PROVIDING FOR A PEN-
ALTY FOR VIOLATIONS
• HEREOF; PROVIDING AI
TEAR ALOE\ SAVINGS - Pu,.PRA:IND RETURN THE LOWER PORTION WITH YOUR PAYMENT
TION IN THE OFFICIAL
NEWSPAPER- AND PRO-
VIDING AN EFFECTIVE
. DATE. person,
vlolatles REMIT TO : 400 W . SEVENTH , FW , TX 76102
di-
sobeys,omits,neglects or re- — -----------_---
fuses to corn ply with or who
Port Worthf any
St
f the provisions
of this ordi- .,Rl],gi]X.gp]pSL�Fip�T.VaL1�7H,TEdLAS.7610,1-2051
�, of the provisions of this ordl-�� 1111111�]l A 1l 1l n 1111 11111111111�1l All ll ll
nance shall be fined not more
than Two Thousand Dollars
(12,000.00) for each offense. ACCOUNT AMOUNT
OUNT
3009889 EEach day that a violation is NUMBER 34 . 50
permittedtoexistshallconsti-
C I T 5 7
Jute a separate offense.
PASSED AND APPROVED
BY THE CITY COUNCIL OF
THE CITY OF SOUTH-
LAKE THIS THE 19TH DAY 1
OF JULY,1994.
Gary Fickes,
Mayor Southlake
Attest:
Sandra L.LeGrand,
City Secretary
Approved as to form:
E.Allen Taylor Jr.,
City Attorney
CITY OF SOUTHLAKE
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
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day
1110
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 LAD INVOICE NO. DESCRIPTION - TOTAL
AD SIZE INCH/LINE RATE AMOUNT
JUL 08 2704488' CL• 358 1X74 L 74 . 46 34 . 04
July 8
NOTIHEARINGBLIC
NOTICE HEREBY
ALLINTERESTED
PERSONS that theCltyCoun-I
cil of the City of Southlake,•
Texas,will beholding a public'
hearing during the Regular I.
Cityo on Council
1 meeting ibeginn--I
winillbethedintheCitymeeting
o flncll
Chambers of City Hall, 667
North Carroll Avenue,South-'
lake, Texas. The purpose of
thepubllchearlgnglstoconsid-
er CITY OF SOUTHLAKE, I
TEXAS
ANRORDIINANCE AMEND-IIGNED I•
SUBSCRIBED AND SWORASAMENDEDCTHECOM IE, THI THE 12I I "� OF
PREHENSIVEkONINGOR- LILY, 1994
DINANCEOFTHECITYOF NOTARY PUBLIC '
TEXAS /!-GRANTING A ZONING` ( -
/,/ _
S CHANGECTR ATRACTS
CERTAIN ✓✓✓(CC���
LAND WIITHINRTHE CITTY TARRANT COUNT TEXAS
OF SOUTHLAKE TEXA:s
BEING 7.00 ACRES oi'
LAND SITUATED IN THE ,,,.,,
M. MAHAFFEY SURVEY Alit 1,4
ABSTRACT NO.916_ TRACE q' ••e.1lti UNDA K. BIEVINS
5 DENTON COUNTY,AND 'n�
MORE FULLY AND COM- COMMISSION EXPIRES
PLETELY DESCRIBED IN ,
EXHIBIT IT"A"FROMTO"RE" '�' SEPTEMBER 13, 199
AGRICULTURAL TO"RE" 4�f. +
SINGLE FAMILY RESI- 4��Fs•s`F�
Ait DENTIAL. ESTATE DIS-
TRICT SUBJECT TO THE
SPECIFIC REQUIRE-
MENTS CONTAINED IN
THIS ORDINANCE COR-
KTEAR ALONG ZONINIG MAP- PRESIERV JD RETURN THE LOWER PORTION WITH YOUR PAYMENT ��
ING ALL OTHER POR-
TIONSOF THE ZONINGOR-
DINANCE-DETERMINING
THAT THE PUBLIC INTER-
EST MORALS AND GEN-
ERAL WELFARE DE- REMIT TO : 400 W • SEVENTH, FW, TX 76102
MAND THE ZONING
CHANGES AND AMEND-
Fort WorthStaORDI I HEREIN MADE!, `�� �( �X JlllJlll� 'X 11 111111
PROVIDING THAT THIS ram
pF'P�T��� �' 1 T T 2051
ORDINANCE SHALL BE
CUMULATIVE OF ALL OR-
DINANCES PROVIDING A
SEVERABILITY CLAUSE; ACCOUNT AMOUNT
2704488 PROVIDING FOR A PEN- NUMBER CIT57 DUE 34 . 04
ALTY FOR VIOLATIONS
HEREOF: PROVIDING A
SAVINGS CLAUSE- PRO-
VIDING FOR PUBLICA-
TION IN THE OFFICIAL 1
NEWSPAPER; AND PRO-
VIDING AN EFFECTIVE
DATE.
City of Southlake Texas
/s/Sandra L.Ledrand,
CITY Secretary
CITY OF SOUTHLAKE
• 667 N CARROLL AVE PLEASE PAY 34 • 04
SOUTHLAKE TX 76092-9595 THIS AMOUNT
•
ATTN :
PLEASE WRITE IN AMOUNT ENCLOSED