480-161CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -161
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 8.84
ACRES SITUATED IN THE T.M. HOOD SURVEY, ABSTRACT
NO. 706, TRACTS 8A7, 8A10, AND 8Al2, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "SF -IA" 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
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 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
GA0RDXZ0N1NG\480.161
Page 1
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:
GAORMZONINGWO.161
Page 2
Being a 8.84 acre tract of land situated in the T.M. Hood Survey, Abstract No. 706,
Tracts 8A7, 8A10 and 8Al2, and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "AG" Agricultural to "SF -IA" 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 defmitions 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,
GAORWONINGA80.161
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.
i
PASSED AND APPROVED on the 1st reading the /I day of
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5.
ATTEST:
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PASSED AND APPROVED on the 2nd reading the / day of 995.
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ATTEST:
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G: \ORD\ZONING \480.161
Page 4
APPROVED AS TO FORM AND LEGALITY:
1, 6 sA A*vo,—�
CITY ATTORNEY
DATE: C;� - C; f - ys
ADOPTED:
U4�0
4
EFFECTIVE:
G: \ORWONINGW80.161
Page 5
EXHIBIT "A"
THAT WHEREAS, John Alexander Myers III and wife Kay Chamberlain Myers
are the owenrs of a tract in the T.. M. Hood Survey, Abstract No. 706,
situated in the City of Southlake, Tarrant County, Texas as described in
in deeds of record in Volume 8313, Page 1584 and Volume 8315, Page 612,
Deed Records, Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a k" iron at the intersection of the West line of the tract
described in Volume 8313, Page 1584, above referenced and the
South right -of -way line of West Highland Street, said point
being, by deed call, 17.1 feet South of the Northwest corner
of said tract;
THENCE N. 89 - 21' - 27 E. 410.90 feet along said right -of -way line
to a k" iron found in same at the most Northerly Northeast
corner of the tract described in Volume 8315, Page 612, above
referenced, said point being the Northwest corner of a tract
described in Volume 9502, Page 1959, Deed Records, Tarrant
County, Texas;
THENCE S. 0 - 03' - 22" E. 443.11 feet to a k" iron found at the
Southwest corner of the last referenced tract;
THENCE N. 85 - 23' - 54 E. 74.94 feet to a '11 iron found in the
South line of the last referenced tract, same being the Northwest
corner of a tract described in Volume 7632, Page 2174, Deed
Records, Tarrant County, Texas;
THENCE S. 0 - 20' - 11" W. along the West line of the last referenced
tract and continuing along the West line of the tract
described in Volume 7347, Page 575, Deed Records, Tarrant County,
Texas, 420.94 feet to a fence corner post at the Southwest corner
of the last referenced tract in the North line of a tract
described in a deed of record in Volume 2986, Page 540, Deed
Records, Tarrant County, Texas;
THENCE S. 88 - 47 - 40 W. 483.61 feet along said line to a Z" iron
found at the Southwest corner of a tract described in Volume 8313,
Page 1584, above referenced;
THENCE North 863.60 feet to the POINT OF BEGINNING and containing
8.84-acres.
GAORMZONING\480.161
Page 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TUC 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 :
I DATE AD INVOICE NO. DESCRIPTION AD SIZE AL
INCH/LINE j RATE AMOUNT
FEB 10 3126852 CL . 358 1X77 L 77 . 46 35 . 42
feh 10
P . O . # ORD #480-161
CITY OF
SOUTHLAKEr TEXAS
ORDINANCE NJO.480-161
AN ORDINANCE AMEND
ING ORDINANCE NO. 480
_... -. AS AMENDED THE COM .........._....__..... _......_._. .. _........ - _
PREHENSIVEZONINGOR --
SOUTHLAKE,N THE
TITY OF
EXAS
GRANTING A ZONINC
CHANGE ON A CERTAIN -- - - ---
LAND TWIITHINRTHE CITY
OF SOUTHLAKE TEXA:
BEING8.84ACREOSITUAT \(\�\J.
VEY, ABSTRACT NO. 706
TRACTS 8A7 8,410 ANC
IGNED
COMPLEDTELYLLY DE
1BSCRIBED AND SWORISCRIBEDINEXHIBIT"A' i THIS THE 10TH ► AY OF FEBRU Y 1995
TURAFROM AG" AGRICUL E 44,tm
GLE-F TO "SRESI SIN _IGLE-FAMILY RESIDEN NOTARY PUBLIC _ • II _
TIAL DISTRICT SUBJECT
TO THE SPECIFIC RE•
CON-
TAINED IN THIS ORDnI- ,
NANCE CORRECTING TARRANT COUNTY, TEXAS
THE OFFICIAL ZONING
MARL PRESERVING ALL
.,-;'!i,•OTHER PORTIONSOF THE Y;
i:. ZONING ORDINANCE;DE-
ram' :- TERMINING THAT THE _
PUBLIC INTEREST,MOR- r
ALS AND GENERAL WEL-
y,. FARE DEMAND THE AND-
OFFICE OF •ING CHANGES
•tii �--AMENDMENTS HEREIN ----
14 r:' MADE PROVIDING THAT
CITY
SEC-.
_, • THIS ORDINANCE SHALL,•
YII I � '1�..--_-;�{'�Y ORDINANCESVRPOFVID
ING A SEVEI2ABILITY
CLAUSE;PROVIDING FOR
—TEAR ALONG Tloris HER Eo O viOLAPROVID-JD RETURN THE LOWER PORTION WITH YOUR PAYMENT
PROVIDINGNFORC CLAUSE;
CATION IN THE OFFICIAL
NEWSPAPER AND PRO-
VIDING AN EFFECTIVE REMIT TO : 400 W . SEVENTH , FW, TX 76102
DATE.
Section 7.Any person firm \
Fort Worth or corporation who violates, `I
sta disobeys, omits, neglects or PE!'�!: T(�. !fr 161f0�1611p+a1�4p1'pg v FLlgziypf(�RSHy yFX1CAi'iAApl-2051
refuses omits, newith or leas 71 ,/C 71 7 3RtX X Y�_/1 J1 7171 T/�J171.71 ot/x
resists Theenforcementof an�v�y
of the provisions of this ord(� a
Hance shall be fined not mor AMOUNT
3126852 than Two Thousand Dollars NUMBERT C I T 5 7 DUE 35 . 42
fS2,000.00) for each offense.
Each day that a violation is
permittedtoexlst shall tonsil- -
tute a separate offense.
PASSED
D APPROVED
TCIYY COUNCIIO
THE CITY OF SOUTH-
OF FEEBRUARY 79995 TH 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
667 N CARROLL AVE PLEASE PAY 35 . 42
SOUTHLAKE TX 76092-9595 THIS AMOUNT ►
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth tar1'e1egram
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 INOHTLINE _ RAT_ AMOUNT
I
JAN 22' 31157881CL . 358 1X75 L 75 .75 56.25
JAN 22
P . O . # ORD 480-161
__ __NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that the City Coun-
TII of the City of Southlake,
exas,will be holding a public
hearing during the Regular
City Council meeting to be
ggheld on February 7 1995,ebee-
Ingnwillabe•0held IIn T emCity •
Council Chambers of City
Hall,667 North Carroll Ave-
nue, Southlake, Texas. The
purpose of the public hearing
is toconslder the followingor-
dlnance: •.(716,0(XAS2.....-
CITY OF S I G N E D
SOUTHLAKE TEXAS 1995
ORDINANCEt30.480-161 RE ME , THIS THE 23RE DAY OF J�ARY,
IBS�RIBED AND qN ORDINANCE AMEND-
ING ORDINANCE EN M- 44... .`I
80,
AS AMENDED THE CO NOTARY PUELIC
PR EHENSIVEfONINGOR-
DI NANCE OF THE CITY OF
SOUTHLAKE TEXAS
GRANTING A ZONING
CHANGE ON A CERTAIN _ TARRANT COLNTY, TE AS
TRACT OR TRACTS OF
LAND WITHIN THE CITY 'A^.
OF SOUTHLAKE TEXAS
BEING8.84ACRESSITUAT-
EDINTHET.M.HOODSUR- ..
n FI VEY ABSTRACT NO. 706
ti r j - 4� TRACTS 8A7, 8A10 AND
8Al2, AND MORE FULLY �� P��;' s ! 1•
r C /-� -�-/ AND COMPLETELY DE- +-r I: *, a
wit EV1.LT1'IRI FROM SAGE AGRI T L, "��„,,:- ' c✓ ✓.....
TURAL TO "SF-1A' SIN-
GLE-FAMILY RESIDEN-
TIAL DISTRICT SUBJECT
-TO THE SPECIFIC TOTHE
r'—TEA MENTIS ICONTAINEDRIN ATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
THIS
THENOFFICIIAL
ZONING MAP• PRESERV-
ING ALLTHEII2 PORTIONS
OF THE ZONING
ORDI-
NANCE; DETERMINING
REMI I • I I LNTN, FW, TX 7k102
ING
THAT THE PUBLIC INTER- --'•
EST MORALS AND GEN-
ERAL WELFARE DE- REMIT TO: ► P.O. BOX 901051 •FORT WORTH,TEXAS 76 1 01-2051
MAND THE ZONING
rWorthCHANGES AND gram XXXXXX XXXXXXXXXXX
AMEND-
MENTS HEREIN MADE
PROVIDING THAT THIS ACCOUNT AMOUNT
ORDINANCE SHALL BE
3115788 DI'NANCESIVPROVIDINGA NUMBER CIT57 DUE 56 . 25
PROVIIDINIGI FORCAA
PEN-
ALTY FOR VIOLATIONS
HEREOF; PROVIDING A I)F 1
SAVINGS CLAUSE,: PRO-
VIDING FOR PULICA-
TION IN THE OFFICIAL
V DING E-
DATE.
City of Southlake,Texas
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY , 56 . 25
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED