480-186CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-186
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 0.112
ACRES OF LAND SITUATED IN THE S. FREEMAN SURVEY,
ABSTRACT NO. 525, TRACT 6C, AND THE G.W. MAIN
SURVEY NO. 1098, TRACT 2C1, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL 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 1N 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 hand 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" Agriculture
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
WItEREAS the City Counc 1 of the City of Southlake, Texas, at a public hearing called by
Page I
the City Council did consider the ibllowing 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 ot'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,
WIfEREAS, 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 fights 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 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
Section 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City
Southlake. Texas, passed on the 19th day of September, 1989, as originally adopted and amended,
Page 2
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 0.112 acre tract of land situated in the S. Freeman Survey, Abstract. No. 525,
Tract 6C, and the G.W. Main Survey No. 1098, Tract 2C1, and more fully and
completely described in Exhibit "A" attached hereto and incorporated herein, from
"AG" Agriculture 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,
xvater, se~verage, 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 tra6ts 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.
Page
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 noL 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 7 day of~~, 1995.
Page 4
PASSED AND APPROVED on the 2nd reading the ,~l day of~~995.
.,d~AYOR(/ 'f
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Page 5
EXHIBIT "A"
KIMBALL AVENUE RIGHT-OF~WA Y
Field Nctcs
FBCing a 0. l 13 acre tract of la.nd situated in Tarra~t C~lnty, Texas a~d beinfi a part o~ the S.
ream:tn Survey. Ab~[~ct No. 5~ and th~ G.W. M:tin Su~y Abs[~c[ Nol 1098 an~ ~ng
more parti~l~y da~cd~d aa foIlow~:
Bcginning at ~ point of inteaoc~ion of thc $our3cdy right-of-way of Southl~ ~oulc~d ~F.M.
Hi~y No. 17~) ~d ~¢
D~ ~d wife, M~y Darby by d~d ~d May 16, 1963 ~d r~rdcd in VolUme 38~ Parc
~ of ~c D~d ~r~ ofTa~t ~n~, T~ (D~, ~d ~int ~ing 65.~0 fe~ ~d~crly
and adial :o ~terline $u~cy s~lion 430+79.21 ~d
~e Io ~c ri~( having a radius of
a chord lan~h of 43.88
THENCE
THENCE
THENCE
THENCE
along He somberly dght-of~vay line of Southlakc Boulevard and ~[loag said Curve
Ia thc right through a central angle of 01 '21'46' and :tn arc lenglh of 43.8~, fret.
1o a pome in the westerly line of a tcaC~ of la. ad :er described in a deed to
G. Fick¢.~ crux recorded in Volume $309, Page {579 (DRTCT);
along the westerly line of said Ficke: tract, South 53'59'29' Wcl;t a di.~a~.¢ of
162.19 feet to a point for eot'ncr;
depar;ing the westerly line of ~,id Fickc$ to:teL NORTH a disandp of 44.6:1
co a point for corner in thc casterli, linc of .¢~id Darby ~act: '
along ~h¢ easterly linc of ~id Da.thy tract, North 54° 14'37" Ecs; z dist~.de of
I i0.3! ,"act to the POINT OF BEGINNING: containing within tflx. se rac~, and
bound~ O. l I ~ acrc~ or 4,88~ square feet of la.nd, more or I¢s$.
Page 6
Fort Worth Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 856836
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
T' "E STATE OF TEXAS
anty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMM!)£ BRYANT 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 ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
-__� INCH/LINE
11/10ME 856836 NOTICE OF PUBLIC I358 1x 86L 86 . 55 47.30
NOTICE OF PUBLIC HEARING 11/10--11/10
NOTICE IS HEREBY GIVEN TO
ALL INTERESTED PERSONS
that the City Council of the
City of Southlake,Texas,will
be holding a public hearing
'
ing the Regular City
Council meebn$$ to be held
on November 21 1995,be-
ginning at 7:00 p.m. The
meeting will be held in the
City Council Chambers of
City Hall, 667 North Carroll
Avenue, Southlake, Texas.
The purpose of the public -
hearing is to consider the
following ordinance:
CITY OF SOUTHLAKE,TEXASO
AN RORDINANC NO.NCE AMEND6
ING
ORDINANCE NO. 480_ AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF SOUTH �+
GRANTING
TEXAS SIGN `CHANGEGON AA CERTAIN
TRWITHIN OR
CIITYTS OFOF LANE
SOU H
S INACRES OFF LAXAS NDISITUATEDSWORN T EFORE ME, THIS THE 14TH DAY OF NOVEMpBER 1995 /y /�,,
THE S.R FREEMAN SUR- _� ��� V �I��VM O� Vvv�(J �L
VEY, ABSTRACT NO.
525 nr ah /%`/'.
TRACT 6C AND THE G.W: %b1P""'••v�4
MAIN SURVEY NO. 1098 =:: �' '� VICKI LYNN WASON Notary Public TRACT 2C1 AND MORE f• •`• CDMMISSION EXPIRES
FULLY AND'COMPLETELY �„d
DESCRIBED IN EXHIBIT "A^ 1, ., J
FROM "AG" AGRICULTURAL 4vtf•......•(E+ DECEMBER 14 1998
DISTRICT TO "C-3" GENER- h,ov r TARRANT COUNTY,TEXAS
SUBJECT COMMERCIAL HE IIPECIFIC y� A
..,..,a-cs.c'sz,. _-:,,.,....,.�
------- REQUIREMENTS CON-
TAINED IN THIS ORDI-
OFFICIAL ZONING MAP; THE,
SERVING ALL OTHER'POR.' ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
TIONS OF THE ZONING
THATORDINANCE;PUBLIC TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
_ ET, MORALAL WELFFARESDEMAANDND THE
ZONING CHANGES AND ®FFArE OF
AMENDMENT
MADE- PROVEREI IDING H THAT `��a, fir• T RY
THIS ORDINANCE SHALL BE
CUMU ��" ' �"" " •�
t\ ORDINANCES; PROVIDIATIVE OF NGLA
SEOVIDINLIF
C CLAUSE i1 t ar-'Felegrarn
PROVIDING FORA PENALTY REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI- ACCOUNT (ITS? AMOUNT 47. 30
PROVIDINGL
AN PEFFECTIVE NUMBER DUE
DATE.
Section corporation Any pwho orPAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7501
who violates,r 1 1 OF 1 disobeys,omits,neglects or
refuses to comply with or
who resists the enforcement II
of any of the provisions of,
this ordinance shall be fined'
not more than Two Thou-'
sand Dollars ($2 000.00)
for each offense. Each day
that a violation is permitted
to exist shall constitute a
separate offense.
City of Southlake,Texas
/s/Sandra L.LeGrand
-Secretary OF SOUTHLAKE
667' N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 47 . 30
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED
FED. I.D. NO. 22-3148254
Fort Worth Star-Telegram AD ORDER NO. 928612
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
ACCOUNT NO. CIT57
- STATE OF TEXAS
inty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
11/24ME 928612 CITY OF SOUTHLAK I358 1x 74L 74 . 55 40 . 70
11/24-11/24
CITY Or SOUTHLAKE
TEXAS
ORDINANCE NO.480-186
AN ORDINANCE AMENDING _ _. _.... __. __. __.............
ORDINANCE NO. 480_ AS'
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
RNIN SOUTHLAKE, A ZONING`
TRACT OR ON
OF LAND
WITHIN THE CITY OF SOUTH-
LAKE, TEXAS BEING 0.112
ACRES OF LAND S SITUAT-
ED IN THE S.FREEMAN SUR-
VEY, ABSTRACT NO. 525,
TRACT 6C AND THE G.W.
MAIN SURVEY
R
2C1, AND MORE
E
FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT ""A"
FROM""AG""AGRICULTURAL •
DA SCOMMETRCIAL3DISTRICT SIGN E
SUBJECT TO THE SPECIFIC`
REQUIREMENTS CON-
TAINED IN THIS ORDI-
SUBSCRIBED AND OFFICNACALZONINGMAP:PRE->RE ME, THIS THE 28TH DAY OF NOVRMRER
SERVING
GOFLLTHHEH ZONING✓�'"•+`�®'�'�'"°' /� '
ORDINANCE; DETERMINING I /
E"` yL
THAT THELP PUBLIC
ND INTER-1f0NDA R. GOKE Notary Public - /� - L
®F &, ty: AL WELFARE DEMAND THEIIII, c
'i -a1 ZONING CHANGES AND OR-;I
EXPIRES
CITY SEA . ,f.r. DINANCE SHALL BE CUMU-r r4!
` ALL TEMBER 8, 1999 e TARRANT COUNTY,TEXAS
ORDINANCES; PROVIDING A
PROVIIDINGIFOR A PENALTY - v ^ �•^
FOR VIOLATIONS HEREOF•'
PROVIDING A SAVINGS
PLEASE PAY THI CLAUSATIONOVDING OFOFIR--GE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
CIAL NEWSPAPER• AND
PROVIDING AN EFFECTIVE PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------A
E.
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 l
Fort Wort] this ordinance shall be fined
not more than Two Thou-I le graIn \
san d Dollars ($2 000.00)
for each offense. eage.
ch day REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
that a violation is permitted
to exist shall constitute a
separate offense. j NCCOUNT CIT57 A MOUNT
DUE 40. 70
928612 PASSED
THE CITY COUNCIL OUNCILOOF THE
CITY OF SOUTHLAKE, THIS 1
THE 21ST DAY OF NOVEM-j
Bry 1995 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
Gary kickes, AGE
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
SOUTHLAKE, TX 76092-9595 PLEASE PAY 40. 70
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED