480-153CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-153
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 15.218
ACRES SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT
NO. 18, TRACT 5Al, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO
"CS" COMMUNITY SERVICE DISTRICT, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED 1N 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 lhe 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 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 COUNC1L 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 15.218 acres situated in the J.G. Allen Survey, Abstract No. 18, Tract 5Al, 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, phra~ses 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 arnong 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 cmnulative 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 hereiu 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 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 violafions 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 pYnding 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 1st reading the/~'- day o~1994.
Im l
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ~
day of~~, 1994.
~'MAYO~ V
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
EXH~IT"A"
DESCRiPtION of · f5.21,S acre tract of Isnd situated in tt~ J.C. Alle¢ survey, ADstraot
~o I~, Torrent C~nty, Texe~: se~ tract ~e~g Iocat¢d in ~ City of Sou~leke, Texe~ and
~nE t~t ~rficu~r tract of le~ ~scribod ~ d~d to ~ford Sa~ng~, recor~d In
Vol~¢ 923~, Pa~ 811, Torrent County ~ed Record&.. said 15.21~ acre tract ~f land
BEGINNING, at · 1/2-~nch tron rod found for corner in tl~ south ~e of FM 1709 (West
Sou~ake ~vd., vat, hie ~d~ r¢¢t-of-way}; ~ld po~t ~n~ the not,east corner of said
Bedford SaW,s tract and Dein¢ the southeast corner of a tract of land cesc~ed in deed
to t~ Sta~ of Taxa& rec~ In V¢~e 10017, Pa~ 1~5, Torrent Oou.qty O~d
Records; said pO~t SIso berg the SOuthweSt c~er of a tract of land described in deed to
the State of Texa~, re~or~d In Vol~e I0000, Page X6l, Ta~ant O~nty Deed Record,
and Doing ~ ~e west ~ of a tract of ~nd doscrlDed tn deed to E~or L Wtesman and
wife, Glands Wle~, recorded I~ Volume 4089, P~e 9, Tarrant County Deed-Records;
THENCE, South 01 degrees f9 minutes 18 seconds East, with said west line of the
Wiesrnan tract, a d~stanoe of 146,3.23 feet to a 1/2-1nob Iron rod found fo; cornet; said point
being the southwest corner of said Wlesman tract and being In the north line of · tract of
land described in deed to Joseph Mortazavl and wife, Ksmiel& Mortszavi, recorded in
Volu~e 93t6, Pe~e 1637. Tarrant County Deed Records;
THENCE, North 88 (1ogres 59 minutes 22 seconds West, with said north tine of the
Mortlzavi tract, at a distance of 115.47 feet passing the northwest corner of said Mortizavi
tract; said point being the northeast corner of e tract of lend described #~ deed to Joseph
Mortizavl and ~fe Kamleta Mortlzavl, recorded in Volume 10299, Page 135~, Tarrant
County Deed Records. continuing with the north line of said second referenced Mortlzavi
tract, at a distance of 296.9.~ feet passing the northwest corner of said second referenced
Mortlzav! tract and tho northeast corner of e tract of land described In deed to Rand P.
Csrlson end wife, Sherrlll G. Carlson, recorded in Volume 9093, Page 1973, Torrent County
Deed Records; continuing with said north llne of the Oarleon tract, In all a distance of
490.22 feet to a 1/2-inch Iron rod found for corner; said point being the ~orthwest of said
Carlson tract and O~ing In the east line of a tract of land described In deed to Lon G.
Hawkins and wife Karen V. Hawkins, recorded in Volume 8683, Pa, ge 720, Tarrant County
Deed Records;
THENCE, North O0 degrees 12 minutes, 52 seconds West, with said east tine of the Hawkins tract,
at a distance of 766. E foot passing tho southeast corner of a tract of land described In O~d
to Lon G, Hawkins and wife Karen K. Hawkins, recorded in Volume 9880, Page 155,
Tarrant County Deed Records, continuing with said east line of the second referenced
Hawkins tract, In afl a distance of 1298.38 feet to a 1/2-inch Iron rod found for corner; said
point being tho northeast corner of the second referenced Hawkins tract end being in said
south line of FM 1709;
THENCE, North 69 degrees 09 minutes Od seconds East, with said south line of FM 1709,
& distance of 150.01 feet to a 1/2-inch iron rod with 'Pecheoo Koch' ca~ found at an angle
point;
THENOE, North 65 degrees 53 minutes 29 seconds East, continuing with ssld south line
of ~M t70~, s distance of f77. gf feet to a I/2-1nch iron rod found at an angle point; said
point being the west corner of the first referenced State of Texas tract;
THENCE, North 79 degrees 22 minutes 39 seconds East, with the south line of the first
refe~'enced State of Texas tract, a distance of 161. dd feet to the POINT OF BEGINNING:
CONTAINING 662,91d sflusre feet, 15.218 acres of land, more or less.
Page 6
EXH2Bi'[
t
Q
Ordinance No. 480-153
Pa~e 7
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
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. DESCRIPTION AD SIZE roraL
INCH/LINE RATE AMOUNT
NOV 18 3086984 CL . 358 1X73 L 73 . 46 33. 58
nov, n
P. O. # ORD #480-153
NOTICE OF
PUBLIC HEAR ING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PER SONS that the City Coun-
.....__._..__._. _._._..__...___._..... ................._._._._.. II of the City of Southlake, --
1 Texas,will beholding a public
hearing during the Regula.I
City Council meeting to be
held on December 6 1994,be-
ginning at7:00 p.m.1 he meet-
ing will be held In the City
Council Chambers of City
Hall,667 North Carroll Ave-
...__.___.__._..._...__ _......_.._....._. ..............._..._.._...... nue, Southiake, Texas. The _..........-6,..,07:-.4`.---a.R.4,...
purpose of the public hearingIs To consider the followingor-
dInance:
CITY OF SOUTHLAKE, SIGNED
TEXAS _ .�..�_.
JB CRIBED AND ANR8 NanEic"E o'7n°eil_ RE ME , THIS THE 18TH A" OF NO ER 1994
ING ORDINANCE NO. 480,
AS AMENDED THE COM- NOTARY PUBLIC • C
•
—_. PREHENSIVEZONINGOR-
DINANCE OF THE CITY OF
SOUTHLAKE,
TEXAS,
CHANGE ON A CERTAIN TARRANT CO TY, TEXAS
TRACT OR TRACTS OF ----___---
LAND WITHIN THE CITY ,� \�
OF SOUTHLAKE, TEXAS _- ,1
BEING 15.218 ACRES SITU- ���•"""••�e4
ATED IN THE J.G.ALLEN +=� LINPA K. BLEVINS
SURVEY,
SAISAND MORE I ' r COMMISSION EXPIRES
OFFICE OF FULLY AND COMPLETE-
LY /
/� DESCRIBEDINEXHIB �,h7,. \ tr^�_EPTEMBER13, 1997
art, E r ETJ' RY_ C TUROM O AGRI 4a�;'a�� '
"w COMMUNITY SERVICE
THE SPEcIFIC R QUIRE-
MENTS CONTAINED IN
THIS
• CO
TEA CTIG THOI IAL
ZONING MAP PRESERV-'TION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
- ING ALL Of POR-
TIONSOFTHISZONINGOR-
DINANCE-DETERMINING
THATTHE PUBLIC INTER-
ERAMORALFANE G REMIT TO : 400 W. SEVENTH, FW, TX 76102
DE-
MAND THE ZONING
port Wth r 'CP R NTs NG THAT^T H S T Jl Jl MYJ1 1l/�1l Jl 1l 1C Jl J�Jl/l h 117J1 J'1-2051
END-
MENTS HEREIN MADE- asp IT O;
ORDINANCE SHAL L BE
CUMULATIVE OF ALL OR- gram
DINANCES-PROVIDING A I ACCOUNT AMOUNT
3086984 PROV DINGIFORCAAPEN- NUMBER CIT57 DUE 33 . 58
ALTY FOR VIOLATIONS
HEREOF; PROVIDING A
SAVINGS CLAUSE- PRO-
VIDING FOR PUBLICA-
TION - 1
IN THE OFFICIAL F
NEWSPAPER AND PRO-
VIDING AN EFFECTIVE
DATE.
City of Southlake,Texas
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 33 . 58
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tbrt Worth itar-1Iegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
-- 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
SOUTHLAKE,
NO 480153
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM-
PREHENSIVEZONINGOR-
DINANCEOF THE CITY OF TOTAL RATE AMOUNT
DATE AD INVOICE NO. DESCRIPTION i SOUTH AKEINGA Z TEON XAS, INCH/LINE
GRANNG
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
DEC Oct3096473 CL • 358 OF SOUTHLAKE,THEXACITY
77 • 46 35. 42
BEING 15.218 ACRES SITU-
d e c 9 ATED IN THE J.G.ALLEN
SURVEY ABSTRACT NO.
P . O . # ORD #480-153 IFULLYCANDICOMPLE E
'LY DESCR IBED IN EXHIB-
IT"A"FROM"AG"AGRI-
CULTURAL TO CS"
COMMUNITY SERVICE
DISTRICT SUBJECT TO
1 THE SPECIFIC REQUIRE-
MENTS CONTAINED IN
THIS
THENOFFICIIAL
ZONING MAP- PRESERV-
1 ING ALL OTHER POR-
TIONSOFTHEZONINGOR-
•
DINANCE-DETERMINING
THAT THE PUBLIC INTER-
EST MORALS AND GEN-
ERAL WELFARE DE-
MAND THE ZONING
CHANGES AND AMEND-
MENTS HEREIN MADE-
PROVIDING THAT THIS`
S,ORDINANCE SHALL BE
CUMULATIVE OF ALL OR-
BSCRIBED AND SWORN TO BEFORE MESEVERABILPROCLAUSE D OF DE% ER 1994
PROVIDING FOR A PEN- 3 U L I C ALTY FOR VIOLATIONS
HEREOF; PROVIDING A
SAVINGS CLAUSE. PRO-
TIDING FOR PUFICI A- TANNANT COUNTY, TEXAS
TION IN THE OFFICIAL
NEWSPGAPPER,AN t F NDCPRO-
FIVE
DATE.
Section 7.Anv person firm -._-. �Fhr�';
or corporation who violates, �( _
disobeys, omits, neglects or
refuses to comply with or who
resists theenforcementof any
of the provisions of this ordl- e_
Q. fICE--OF - nance shall be fined not more -.
than Two Thousand Dollars ' •
L$2,000.00) for each offense. `
CITY SEC►ETAR permltteepdtoexlt stshallconsti5 6
}}PASSED AND APPROVED -
TEAR ALONG THIS PERFORATION A!THEHCITIYYOFF SOUTOHF 3 PORTION WITH YOUR PAYMENT
LAKE THIS THE 6TH DAY
OF DECEMBER,1994.
Gary Flckes,
Mayor of Southlake
Attest:
Sandra L.LeGrand, '1 : I I . SEVENTH, FW, TX 76102
CIty Secretary
Approved as to form:
Port Worth Star-Te1eg --aiii Allen Taylor Jr., IT TO: ► P.O.BOX 901051 •FORT WORTH TEXAS 76101 2051
CltyAttorney XXXXXXX • XXXXXXXXXXX
ACCOUNT AMOUNT
3096473 NUMBER CIT57 DUE 35 . 42
PAGE IF 1
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 6, 35 . 42
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED -_-