480-145CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-145
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANT1NG A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING 5.0
ACRES SITUATED IN THE JOHN CHILDRESS SURVEY,
ABSTRACT NO. 254, TRACT 3, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-i"
NEIGHBORHOOD COMMERCIAL DISTRICT TO "SF-1A"
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
W H EREAS, the hereinafter described property is currently zoned as "C-1" 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 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 thc 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
expccted to be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as detertnined 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,
WttEREAS, 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 lbr a change since the tract or tracts of land were originally classified and therefore
~els 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, thc citizens of the city of Southlake,
Texas, and helps promote the general health, safety and welfare of the community.
NOW, TltEREFORE, 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 Septe~nber, 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 5.0 acre tract of land situated in the John Childress Survey, Abstract No. 254,
being a portion of Tract 3, and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "C-l" Neighborhood Commercial
District to "SF- 1 A" 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 thc conmaunity. 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, thc 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
vi01ali0n 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
Page 3
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courls.
Section 9. The City Sccretary 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 , 1994.
PASSED AND APPROVED on the 2nd reading the .
day of~~,1994.
..4ql~YOR ~'
ATTEST:
CITY SECRETARY
Page 4
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EXHIBIT "A"
A~] that certain lot, tract or parcel of land lying and being situated
in Tarrant County, Te×as, and being described as follows, to-wit:
BEING a tract of land out of the John Childress Survey, A~stract 254,
Tarrant County, Texas, being part of a tract of land conveyed to W.C.
~alback from J.K. Thomas and wife, Eva J. Thomam by Deed recorded in
Volume 2017, Page 171, Deed Records, Tarrant County, Texas;
BEGINNING at a USA Corp. of Engineers monument ~C228~2, said monument
being 1417.8 feet North and 50.9 feet West from the Southwest corner
of the J. J. D~ight Survey Abstract 455;
T~ENCE South 36 degrees 08 minutes West, along an Easterly line of
USA tract ~C228, 230.0 feet to monument ~228-3;
THENCE South 46 degrees 33 minutes West 440.0 feet to monument ~228-4;
T~HiNCE South 2 degrees 46 minutes West 210 feet to a point in the North
ROW of County Road ~3061;
T~F~CE along said road North 89 degrees 08 minutes East 441.65 feet
(to the P.T. of a curve to the left having a radius of 50 feet)
THENCE around said curve 78.04 feet its P.T.;
TRENCE North 0 degrees 17 minutes East (along said road) 645.05 feet
to a point);
T~ENCE South 89 degrees 48 minutes West 50.9 feet to Point of Beginning,
containing 5 acres of land, more or less.
Page 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
--7 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 :
•. ,_,s •.„ ► _".., c :+�. AD SIZE TOTAL
INCH/LINE RATE AMOUNT
NOV 04 8072582 CL • 358 1X79 L 79 . 46 36 . 34
Nov . 4
P . O . # ORD #480-145
CITY OF SOUTH LAKE:,
TEXAS
ORDINANCE NO.480-145
AN-ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THECOM-
D I NANCESOF THE CITY OOF
' SOUTHLAKE TEXAS-
GRANTING A ZONING`'
CHANGE ON A CERTAIN
TRACT OR TRACTS OF •
LAND WITHIN THE CITY /
OF SOUTHLAKE TEXAS,
BEING 5.0ACRE5SITUAT-
---- --_-- ED IN THE JOHN CHIL-
SDTRACT NO SURVEY,
__ AND MOREDE SIGNED
JB'ICRIBED A D S FROM "C-1" NEIGHBOR-_ ME, THI E 4TH Iv OF NOVEMBE' 1 .
"—
FAMILY RESIDENTIAL
DISTRICT SUBJECT TO — -- —
THE SPECIFIC REQUIRE-
MENTS CONTAINED N 0 _ ARRANT COUN 40 TEXAS
RECTING THENOFFICIIAL
ZONING MAP PRESERV-
ING ALL OTHER POR- r
DINAN FTHE ERMININGONINGOR- ,
DINANCE DETERMINING ' Y „��h'I �INBA �EYINS
THAT THE INTER- EVINS ----- ------
EST MORALS AND GEN •-
ERAL xN &N;G
I jCOMMISSIONEXPES• _ CHANGES Tay/ tLnt9�R for
—
CI• • N EC�ETAR PROVIDING THAT THIS
CUMULATIVE OF SHALL
OR �"
DINANCESi PROVIDING A
SEVERABILITY CLAUSE;
-TEAR A PROVIDING FORA PEN-
HLREOF; PROVIDING A AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
HEREOF;
SAVINGS CLAUSE- PRO-
VIDING FOR PUBLICA-
TION• NSPAPERE AND(CIAL
PRO-
VIDING AN EFFECTIVE REMIT TO : 400 W . SEVENTH , FW , TX 76102
DATE.
Section 7.Any person,firm or
Fort ! ram
dl-
orth I ��'"��T f the provisions of This ordl-
nance shall be fined not more ACCOUNT AMOUNT
8072582 than Two Thousand Dollars NUMBER C I T 5 7 DUE 36 . 34
(52,000.00) for each offense.
ppe mifdtedtoext lstshallaconstls
lute a separate offense. 1
OD
BYSTHE CITY COUNCIILOF OF 1
THE CITY OF SOUTH-
OF NEOVEMBER,19994.DAY
/s/Gary Fickes
Mayor of South(ake
Attest:
/s/Sandra L.LeGrand
City Secretary
Approved as to Form:
/s/E.Allen Taylor,Jr.,
City Attorney
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 36 . 34
SOUTHLAKE TX 76092-9595 THIS AMOUNT Pr-
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED