480-167CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-167
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 1.45
ACRES SITUATED IN THE JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529, TRACT 2C, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL TO "O-1" OFFICE 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
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 them 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 them 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
§OUTItLAKE, 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:
Page 2
Being a 1.45 acre tract of land situated in the John A. Freeman Survey, Abstract No.
529, Tract 2C, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "AG" Agricultural to "O-1" Office 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 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 thc balance of said tract or tracts of land described herein.
Section 7. Any person, finn 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
Page 3
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by thc 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 0~ / day ofT~/,J , 1995.
ATTEST:
PASSED AND APPROVED on the 2nd reading the ~_ day of ~ , 1995.
~--~ ~ \ ~' ATTEST:
APPROVED AS 'FO FORM AND LEGALITY:
Pi{gc 5
EXHIBIT "A"
'-- .... y, zexas, aha De~ng a portion of that
certain su.u acre tract of land as conveyed to M.J. HOLLIS, by Deed as
recorded in Volume 361, Page 375, Deed Records, Tarrant Count~, Texas, said
1.45 acres of land being more fully described by metes and bounds as
follows:
BEGINNING at a poin~ located in the North line of the referenced FREEM~uN
SURVEY and the same being 820.0 feet West and South 00 degrees 40 minutes
Went 20.0 feet from the Northeast corner of the referenced HOLLIS 80 acre
trac~;
THENCE East and at all times beinq 20.0 feet South of and parallel to the
North line of said Survey line, 111.22 feet to an iron rod for corner;.
THENCE South 00 degrees 40 minutes East, a distance of 567.5 feet to a 1
1/2 inch iron pipe found for corner;
THENCE West, 111.22 feet to a 3/4 inch iron rod found for c~rner;
THENCE North 00 degrees 40 minutes West, a distance of 567.5 feet to the
PLACE OF BEGINNING, and containing 1.45 acres of land, more or less, and.
~i~,~ Ram~_~9~_9s cgnvg~ed by LUKE THRASHER and wife· LELA THRASHE
Volume 2556, Pa~e 152 Dee~ n~A~_~EL~A THR~.SHER, by deed recorded zn
Except: Ail tha~ .... ¢ ~ ~u~u~, ~arran~ County{ Texas. Save and
· ~ Furulon o~ aoove property as described in Aqreed Judgment
zn favor of the State of Texas in ~on~emnation Suit #17-129535-90 described
as follows:
BEING 0.041 of an acre of land, more or less, situated in the Count of
~ ~t~2~f I~ag&i~d~ng~out~of ~ne_JpHN a. FREEMAN SURVEY,
· ~ F~u o~ a Erac~ ox land conve ed b OPHELIA
I~,RA~ ~dW~r~dH~nWE~_and wife, LENA ~ HO?ELL by ~eed ~ated October
lume 7976, Page 70 of the Deed Records, Tarrant
County, Texas· which 0.041 of an acre of land, more or less, is more
particularly described as follows:
BEGINNING at the point of intersection of the proposed Southerly
right-of-way line of F,M, Hiqhway 1709 with the East line of sa~d HOWELL
tract, said point being 65.00 feet Southerly of and at ri ht an les
centerline survey station 408+73 54 =~ ~:-~ ~' ~ ~g~ - g to
~So~6s~o~S~r~c~Stance o~ 553.09 feet and from the ~outheast
1) THENCE North 89 degrees 53 minutes 01 seconds West along the proposed
Southerly right-of-way line of said F.M. Highway 1709. a distance of 111.30
feet;
2) THENCE North 01 degrees 04 minutes 06 seconds West.along the West line
of said HOWELL tract a distance of 14.55 feet to a poxnt in the existing
Southerly right-of-way line of said F.M. Highway 1709;
3) THENCE South 89 degrees 53 minutes 32 seconds East along the existing
Southerly right-of-way line of said F.M. Highway 1709 a distance of 111.30
feet;
~ THENCE South 01 degrees 02 minutes 46 seconds East along the East line
said HOWELL tract a distance of 14.56 feet to the POINT OF BEGINNING.
Page 6
Fort Worth Star-Telegram
400 W.SEVENTH STREET• FORT WORTH,TEXAS 76102
Tur 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 TOM. ,�, AMOUNT
APR 07 3159383 CL . 358 1X76 L 76 .55 41 . 80
Apr . ?
CITY OF
SOUTHLAKE,
EXAS
ORDINANCE NO.480-167
AN ORDINANCE AMEND-
- ING ORDINANCE NO. 480,AS AMENDED THE COM-
PREHENSIVE LONINGOR-
DINANCE OF THE CITY OF
SOUTHLAKE TEXAS-
GRANTING A ZONING`
CHANGE ON A CERTAIN
TRACT OR TRACTS OF
LAND WITHIN THE CITY
i OF SOUTHLAKE TEXAS •
BE ING1.45ACRESSITUAT- - ...___....__....__._.._.
ED IN THE JOHNA.FREE-
MAN SURVEY ABSTRACT
NO. 529 TRACT ?C, AND � .>0)01 (....ievieitc.......
_.. ..._.._..........._.. MORE FULLY AND COM-
PLET4,41061j.iit
ELY DESCRIBED IN --
EXHIBIT"A"FROM"AG"
AGRICULTURAL TO "0-1"
JOECTCTOOTHE DISTRI
CT,
C N E
PD'SCRIBED AhD SWORN- 7TFI -APRIL, 1995
REQUIREMENTS RDI- THIS THE -AY OF
CON-
TAINED IN THIS ORDI-,
NANCE. CORRECTING
THE OFFICIAL ZONING NOTARY PUBLIC, 0 ,_
._..—.—...--- --- --------._—.� MAP, PRESERVING ALL ......—...
1444/
OTHER PORTIONSOFTHE - - -
ZONING ORDINANCE;DE-
TERMINING THAT THE
PUBLIC INTEREST,MOR- TAR- ANT COLNTY , TEXAS
ALS AND GENERAL WEL-
FARE DEMAND THE ZON-
Ry�. ING CHANGES AND
{P AMENDMENTS HEREIN
^. MADE PROVIDING THATz
� .. THIS ORDINANCE SHALL— -- ---- -
--
.: o BE CUMULATIVE OF ALL
OFFICE OF ,t ORDINANCES' BILIT -
P �N
i�. ING A SEVE ABILITY
CLAUSE;PROVIDING FOR CITy SEC _
,.,,.,,... TIONS HEREOF. PROVID-
ETARY A PENALTY FOR VIOLA-
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CIAL
NEWSSPAPER TION INLAND F(PRO-
VIDING AN EFFECTIVE
—TEAR ALONG - DATE. I RETURN THE LOWER PORTION WITH YOUR PAYMENT----,.
Section 7.Any person,firm
or corporation who violates,
disobeys, omits, neglects or
refuses to comply with or who
resists
the provisions isordi- REMIT TO : 400 W . SEVENTH, FW, TX 76102
nance shall be fined not more
than Two Thousand Dollars
Fort Worth ta, tS?D00 001 for each offense.
Each permitted
that a violation is PEi1t��T T(;: !► f. �) 1� I X�C 4R +'t Tf ,x (�(7 1�1-2051
BY THE
CITY
st shall consl-
PASSED AND APPROVED
3159383 BY THE CITY COUNCIL O- ACCOUNT AMOUNT
THE CITY OF SOUTH- NUMBER CIT57 41 . 80
LAKE THIS THE 4TH DAY DUE
r( 6/f_ '7:;,''',,,,ii71! Efld,
,1\� I�/� ck _1
0 o' ouke1.F
-- City Secretary
Approved/ as to Form:
/s/E.Allen Taylor,Jr.,
CITY OF SOUTHLAKE
667 N CARROLL AVE 41 . 80 1
PLEASE PASOUTHLAKE 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
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 :
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PERSONS that the City Coun-
cil of the City of Southlake,
Texas,will beholdinga public
hearing during the Regular TOTAL
DATE AD INVOICE NO. City Council meeting to be AD SIZE RATE AMOUNT
9held on April e meeting ,
n4,,1,h95,begin- INCH/LINE; '
will bg eheld in the City Council
MAR 24 3150856 CL • 358 Chambers of City Hall, 667 1X83 L 83 • 46 38 . 18
North Carroll Avenue,South-
mar 24 ,lake, Texas. The purpose of
}�gpublichearinQ istoconsid-
__ _. 'the followin ordinance:
i N 9
CITY OF
SOUTHLAKE TEXAS
ORDINANCE NO.480-167
AN ORDINANCE AMEND- __ ____ _ ____.._._
ING ORDINANCE NO. 480, -
AS AMENDED THE COM-
PREHENSIVE LONINGOR-
DI NANCE OF THE CITY OF
........._......_........._...----._...._...._ ....._. SOUTHLAKE, TEXAS,-
GRANTING
HANE N CERTAI
TRACT OR TRACTS OF
LAND WITHIN THE CITY
OF SOUTHLAKE TEXAS ___._-__ __—.____._
BEING 1.4SACRESSITUAT- -
ED IN THE JOHN A.FREE-
MAN SURVEY' ABSTRACT
'NO. 529 TRACT 2C, AND
... _. MORE FULLY AND COM-
PLETELY _ -__...... _. ....__... __.._..�.
EXHIBIT
DESCRIBED IN 711
EXHIBIT D FROM"AG"
_ OFFFICELDItSTRICTO SOUB VE)
• N—i REQUTRCMENTS CON THIS THE 24T11 AY OF MARCH, 995
TAINED IN THIS
ORDI-
NANCE,. CORRECTING
NOTARY PUBLIC, /
NG
__. _-_...
THE OFICIAL ZONING
--.... MAP: PRESERVING ALL ---�...
OTHER PORTIONSOF THE
ZONINGORDINANCE;DE-TERMINING THAT THE TAR ANT COUNTY, TEXAS
PUBLIC INTEREST,MOR-
ALS DEMAND THE ZON-
ING CHANGES AND
r-PpirsPI,� AMENDMENTS HEREIN
_. MADE-PROVIDING THAT
2• • • THIS ORDINANCE SHALL
OFFICOFFICE OF ' BE CUMULATIVE OF ALL
E ORDINANCES PROVID-
rye Dj ING A SEVEKABILITY
CITY SC�r:• TARRY { . ".. AIONS HETYOFOR VOLOA-
TIONS HEREOF; PROVID-
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
CATION IN THE OFFICIAL
NEWSPAPER LAND PRO-
-TEAR ALONG THI DATE G AN EFFECTIVE IETURN THE LOWER PORTION WITH YOUR PAYMENT
Section 7.Any person,firm
or corporation who violates,
disobeys, omits, neglects or
refuses to comply with or who
y
re fiststhe heenforce entofis y REMIT TO : 400 W • SEVENTH , FW, TX 76102
ordi-
nanceof shall be fined not more
than Two Thousand Dollars
Forth tarI N 00) tot e!1t5
e. F:E:N;I! : i• Ot4( �(�(1d�694XRdHX9V (O�B(7t94��(�Gi61 2051
Each day that aIspermittedtoexisti-Cute a separate oCity of Southlake Sandra ACCOUNT C I T 5 7 AMOUNT DUE 38 . 18
City Secretary NUMBER
/ ,% j_$4 1 1
;� PAGE OF
Ve �"
CITY OF SOUTHLAKE
667 N CARROLL AVE 38. 18 1
SOUTHLAKE TX 76092-9595 T PLEASE PAY HIS AMOUNT ►
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED