480-155CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-155
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 3.726
ACRES SITUATED IN THE SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, BEING A PORTION OF TRACT 1 OF THE
W.E. MAYFIELD SUBDIVISION, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B -2"
COMMERCIAL MANUFACTURING DISTRICT TO "C -3"
GENERAL COMMERCIAL 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 "B -2" General
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
GAORMONING \480.155
Page 1
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 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�480.155
Page 2
Being a 3.726 acre tract of land situated in the Samuel Freeman Survey, Abstract No.
525, being a portion of Tract 1 of the W.E. Mayfield Subdivision, and more fully and
completely described in Exhibit "A" attached hereto and incorporated herein, from
"B -2" Commercial Manufacturing District to "C -3" General Commercial 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 or not,
GAORDIZONING\480.155
Page 3
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 / I day
1995.
AY
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the --7— day of t
- - - - - -- AY Olk
ri
9
F m
ATTEST:
-,A 4� A kA4X461)
CITY SECRETARY
G: \ORD\ZONI NGW 8 0. t 55
Page 4
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
GAORMZONING\480.155
Page 5
DATE: OZ r a'I '"�S
EXHIBIT "A"
A portion of Tract No. 1 of the W. E. Mayfield Subdivision in the
City of Southlake in Tarrant County, Texas, as said Tract No. 1
appears upon the map recorded in volume 388 -C, page 4 of the
Tarrant County Deed Records; and embracing a portion of the tract
described in the deed to Jimmy Ray Parker and wife Irene L.. Parker
recorded in volume 6415, page 794 of the said Deed Records.
Beginning at a 1/2" iron found for the northwest corner of said
Parker tract and the southwest corner of the 8- 345/1000 acres tract
described in the deed to Four Bear Creek Associates recorded irf
volume 8133, page 1655 of the said Deed Records, in the east line
of Bluebonnet Drive.
Thence south 72 degrees -34 minutes east, along the north line of
said Parker tract and the south line of said 8- 345/1000 acres
tract, 499 - 78/100 feet to a 5/8" iron found for the northeast
corner of said Parker tract, the southeast corner of said 8-
345/1000 acres tract and a corner of the 11- 92/100 acred tract
described in the deed to Wetzel Family Partnership, Ltd. recorded
in volume 10179, page 971 of the said Deed Records.
Thence south 5 degrees -55 minutes -12 seconds east, along the east
line of said Parker tract and the west line of said Wetzel tract,
198 - 34/100 feet to a 5/8" iron found for the easterly southeast
corner of said Parker tract, the southwest corner of said Wetzel
tract and for the northeast corner of the tract described in the
deed to Harold C. Bunch and others recorded in volume.10955, page
1481 of the said Deed Records.
Thence north 89 degrees -40 minutes -57 seconds west, along a.south
line of said Parker tract and the north line of said Bunch-tract,
206 - 311100 feet to a 3/8" iron in concrete found for a reentrant
corner of said Parker tract and the northwest corner of said Bunch
tract.
Thence south 6 degrees -13 minutes -58 seconds west, along the east
line of said Parker tract and the west line of said Bunch tract,
155 - 65/100 feet to a 5/8" iron found for the southwest-corner of
said Bunch tract and for the northeast corner of the 0- 173/1000 of
an acre tract described in the deed to the State of Texas recorded
in volume 9863, page 129' of the said Deed Records for the north
line of right of way of Southlake Boulevard.
Thence north 70 degrees -39 minutes- 34. seconds west, along the north
line of said State of Texas tract, for the said north line of right
of way of Southlake Boulevard, 292 - 81/100 feet to a concrete
Highway Department monument found for the northwest corner of said
State of Texas tract, in the west line of said Parker tract and the
west line of said Tract No. 1, also being the intersection of the
said north line of right of way of Southlake Boulevard and the said
east line of Bluebonnet Drive.
Thence north no degrees -1 8
west line of Parker tract
line of Bluebonnet Drive,
and containing 3- 726/1000
minutes -48 seconds east, along the said
and said Tract No. 1, and the said east
403 - 64/100 feet to the place of beginning
acres.
GAORD\ZONNGW90.155
Page 6
Fort Worth Star-Telegram
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 :
DATE AD INVOICE NO. i,,= —..--,......,...a,•..„—„�,�.,qD SI �' 'ATE AMOUNT
FEB 10, 3126837 ,CL . 358 1X80 L 80 . 46 36. 80
fob 1O
P . O . # ORD #480-155
CITY OF
SOUTHLAKE. TEXAS
ORDINANCE NO.480-155
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM- ................. ........_.._... ........_. ......_........ ............................—
i PREHENSIVELONINGOR-
DINANCE 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 3.726 ACRES SITU-
ATED IN THE SAMUEL
FREEMAN SURVEY AB-
-- --)1
STRACT NO. 525 BEING A
THE WOENMAYFIIELLD SUBF SIGNED -u �� n�,
BSCRIBED A D S FULLY ArD COMPLETE E ME , THIS THE 10TH D Y OF FEBRUAR , 1995
I LYDESCRIBEDINEXHIB- NOTARY PUBLIC ..� A
IM "A" FRROM"BI2"ACOM- _ 1l n..n .._
CL
MANUFACTURING DIS- 1
RICT TO"C-3"GENERAL
UB ECRTTOTHEISPECIF- TARR NT COLNTY, TEXAS
_--_-- - ---------"-- IC REQUIREMENTS CON-
TAINED - - "-
IN THIS ORDI-
ANCE- CORRECTING . ..*I'''''''''''''
HE OFFICIAL ZONING
y, MAP- PRESERVING ALL ..
OTHER PORTIONSOF THE -f _-- - _-
�t ZONING ORDINANCE;DE-
fie? TERMINING THAT THE L::QI�CS
0
PUBLIC INTEREST,MOR- ' iJ�S
- ALS AND GENERAL WEL- ,:
CITY SE ; FARE DEMAND THE ZON-
ETARI AMENING DMENTS . ,"%olt '
MADE PROVIDING THAT
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL -----
-
-TEAR/ONG IA NCESSEVE R OL\IID- ON AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
CLAUSE;PROVIDING FOR
A PENALTY FOR VIOLA-
TIONS HEREOF•PROVID-
ING (DING FOR
CLAUSE; REMIT TO : 400 W . SEVENTH , FW, TX 76102
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
NEWSPAPER AND PRO-
Fort W" th CV useZ1 AN AFFECTIVE �y $ y,�
No,
7.Any person,firm �EM'T T�: A �'(� C1�5 x R /1 7C 1-2051
or corporation who violates, n!1 n/�!C
disobeys, omits neglects or g ra m refuses to comply with or who ACCOUNT AMOUNT
3126837 resists
ovsio° csRomffh,s°oad� NUMBER CIT57 DUE 36 . 80
nance shall be fined not more
than Two Thousand Dollars ----
LS2,000.00) for each offense. 1
Each day that a violation is
rmitted toexist shall consti- F
PASSED AND APPROVED
BY THE CITY COUNCIL OF
THE CITY OF SOUTH-
OF FEEBRUARY 19957 DAY
Gary Fickes,
Mayor of Southlake
Attest:Sandra L.LeGrand,
City Secretary
Approved as to form:
E.Allen Taylor Jr.,
City Attorney
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY 36 . 80
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
tbrt Worth itar=1elegram
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 :
DATE AD INVOICE NO. DESCRIPTION AD SIZE
INCH LINE
E RA i c AMOUNT
JAN 22' 3115782 CL. 358 1X78 L 78 . 75 58. 50
JAN 22
P. O . # ORD 480-155
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that theCityCoun-
cll of the City of Southlake,
Texas,will be holding a public
hearing during the Regular - --- - -- -- -- -
City
on Council
7 n1 -5,be
ginning9at7:00p.m.Tthemget-
Ing will be held In the City
Council ham of City
Hall,667 North Carroll Ave-
nue, Southlake,
Tee xas. The
purpose of the public hearingOCCILAddlt.:..")..)1 (.:716.4k.(5L....I.
is toconsider the followingor- SIGNED
dlnance:
CITY OF
IBSCRIBED A D _ ORDLINANCEENOE48X0.A,SS E ME, THIS THE 23RD DeelY OF JANUARY, 1995
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480, NOTARY PUBLIC ��
AS AMENDED,_THE COM- . `��'� K'���jj'�
PREHENSIVEZONINGOR-
INANCE OF THE CITY OF
SOUTHLAKE, TEXAS-
CRANTING A ZONING TARRANT COUNTY, TEX S
HANGE ON A CERTAIN
RACT OR TRACTS OF
LAND WITHIN THE CITY
OF SOUTHLAKE TEXAS ,..... ..1 - tir>.- ^- "_
BEING 3.726 ACRES SITU-
ATED IN THE SAMUEL k -
FREEMAN SURVEY AB- A •SS TRACT Np 525 BEING A -_ -, d
A ..rt r ROTIONp OF TRACT 1 OF �y a . ..
�G OF HE W.E.MAYFIELDSUB- , \ '° 9
r I !VISION AND MORE q E 4,.. r
TV t r,i ; -ULLY AND COMPLETE- k9TF .�` ti evil i!, •
d
CITY Y SECy YDESCRIBED IN EXHIB- -
ME CIAL FROM B-2"COM- v o�:.c-a,ghe'a.a +. <, --
-TEAR MANUFACTURING
TO CC 3 I NGEDDA�PION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
MMERCIAL DISTRICT,
UBJECT TO THE SPECIF-
io
C TO THE SPECIFIC RE-
QUIREMENTS CON-
AINED IN THIS
ORDINANCE CORRECT- REMI 6 •• II • _ -E TH_, FI— -I_ IX 76102
ING THE OFFICIAL ZON-
E rt ING MAP PRESERVING
ALL THEIk PORTIONS OF REMIT TO: ► P.O. BOX 901051 •FORT WORTH.TEXAS 76101-2051
O o�� ALS ANDIGENERALMOE ram ACCOUNT AMOUNT
FARE DEMAND THE ZON- NUMBER DUE
ING CHANGES AND
3115782 AMENDMENTS HEREIN CIT57 58. 50
MADE-PROVIDING THAT
THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL
TONG IA SECVES-I ABOV D 10F 1
CLAUSE;PROVIDING FOR
A PENALTY FOR VIOLA-
TIONS HEREOF- PROVID-
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
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 , 58 . 50
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED