480-190CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -190
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 29.516
ACRES, SITUATED IN THE JOHN A. FREEMAN SURVEY,
ABSTRACT NO. 529, TRACT 7A, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2"
LOCAL RETAIL COMMERCIAL DISTRICT TO "S -P -2"
GENERALIZED SITE PLAN DISTRICT WITH CERTAIN "C -3"
GENERAL COMMERCIAL DISTRICT USES, 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 "C -2" Local Retail
Commercial 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
G:\ORD\CASES\480-190.WPD
Page 1
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 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,
GAORDTASEM480 -190. W M
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 29.516 acre tract of land situated in the John A. Freeman Survey, Abstract
No. 529, Tract 7A, and more fully and completely described in Exhibit "A" attached
hereto and incorporated herein, from "C -2" Local Retail Commercial District to "S-
P-2" Generalized Site Plan District with certain "C -3" General Commercial 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, 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
G:\0RD \CASES \480 -190. W PD
Page 3
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, 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 1 st rea<
�E TES'
,,` •�� ATTEST:
O
a
96
o
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the �— day of /
Z/ -
AY R
G:\0RD \CASES \480 -190. WPD
Page 4
ATTEST:
r4k
O
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
C � �
CITY ATTORNEY /
DATE:
ADOPTED:
EFFECTIVE:
G:\ORD\CASES\480-190.WPD
Page 5
EXHIBIT "A"
BEING a tract of land situated in the John A. Freeman Survey,
Abstract No. 529 in the City of Southlake, Tarrant County, Texas
and boring part of a tract of land as conveyed to w.E. Dalton and
Dorathy l.,. Dalton and recordtd in Volume 6992, Page 719 of the Deed
Records of Tarrant County, Texts and being more particularly
described as follows:
BEGINNING at a W" iron rod act for corner at the intersection
of the east line of South Carroll Avenue (a variable width right -
of -way) with the south line of Mast Southlake Boulcv&rd (a 130 foot
right -of -way) ;
THSUCE S. 86'39'12 E. , 1342.62 feet along the said south line
of E&xt Southlake 8oulavard to a K" iron rod set for corner., said
point being the northwest corner of I,ot 1 in Block 1 of the C.orbut4
Addition, an addition to the City of Southlake as recorded in
Volume 398-156, Page 12 of the Plat Records of Tarrant County,
Texas;
THENCE S. 00'13 W., 959.70 Feet leaving the said south
line of East Southlake Boulevard, and along the west line of said
Gorbutt Addition to a 3/4 iron rod found for corner, said point
being on the north line of Oak Tree Estates, an addition to the
City of Southlake as recorded in Plat Cabinet "A", Slide 2121 -2122
of the Plat Records of Tarrant County, Texas; .
THENCE N. 68*36 1 W, , 1316.93 feet. along the xaid north line
of Oak True Estates to a }4" iron rod found for corner on the said
east line of South Carroll Avenue (a 70 foot wide right -of -way at
thi.A point);
THENCE N. 88'36 W., 22.00 feat to. a. point for corner on
the said au$t line of South C :troll• Avenue to a ,4R irori rpd found
for corner;
TREbTCE NORTH, 958.62 feet along the said east line of South
Carroll Avenue to the Point of Beginning and containing 29,516
acres (1,285,702 square feet) of land.
GA0RD \CASFS \480 -190. WPD
Page 6
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Fort Worth Star-Te1earani FED. I.D. NO. 22-3148254
AD ORDER NO. 1350733
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
ACCOUNT NO. CIT57
T' 'r 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 NCHTAL RATE AMOUNT
2/23M 1350733 NOTICE OF PUBLIC I358 1x 82L 82 . 55 45 . 10
NOTICE OF 02/23-02/23
PUBLIC HEARING --'" ""
NOTICE IS HEREBY GIVEN
to all interested persons that I
- the City Council of the City of
Southlake, Texas, will be
holding a public hearing dur-
ing the Regular City Council
Meeting,to be held on March
5, 199 at 7:00 p.m. in the
- City Council Chambers of ---- -------City Hall, 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing is to
! consider the second reading
' of the follow.
owing Oor rdinance:
SOUTHLAKE,TEXAS
• ORDINANCE NO.480-190
AN ORDINANCE AMENDING
ORDINANCE NO. 480. AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
I NANCE OF THE CITY OF
OUTHLAKE, TEXAS
RANTING A ZONING SI
HANGE ON A CERTAIN
RACT OR TRACTS OF LAND
1 WITHIN THE CITY OF SOUTH-
SI 29.516 ACRES, SITUATED SWORN TO BEFORE ME, THIS THE BEING 26TH DAY OF FEBRUARY 1996
I IN THE JOHN A. FREEMAN -- , --— -_--
.SURVEY, ABSTRACT NO. P�, _
FULLY TRACT 7A,AND MORE Q1/1--0---)\-(1-6•-•
-1Q• ^ ,„/ E_
DSCRIBEDDIN OEXHBITTEA' #rotP... `e'='6 RHONDA R. GOKE Notary Public
FROM "C-2" LOCAL RETAIL r'? '/i�ri
COM-2"MERCIAL GENERALIZEDI DISTRICT
TO SITE +%�a. /\f' SEPMBER8. 1999
,n COMMISSION EXPIRES e
PLAN DISTRICT WITH "C-3" TARRANT COUNTY,TEXAS
GENERAL COMMERCIAL DIS-
TRICT USES, SUBJECT TO
THEIRE-
MENTSSPECIFIC CONTAINED IN THIS
OTHENANCE; CORRECTING
OFFICIAL ZONING MAP;
PORTSERVI OF THE ZONINGR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ORDINANCE; DETERMINING
THAT THE PUBLIC INTER- ,—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---A— EST, MORALS AND GENER- _
AND WELFARE DEMAND THE
ZONING CHANGES AND ;
AMENDMENTS HEREIN
MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE ilk/ j
CUMULATIVE OF ALL ORDI-
NANCES•PROVIDING A SEV-
ERABILI'1Y CLAUSE-PROVID-
O� FOR OLATIONS PENALTY ERE VI- �ar. e e ram REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
V SAVEOF
PROVIDING A SAVINGS
CLAUSE; PROVIDING. FOR
PUBLICATION IN THE OFFI- ACCOUNT C I T 5 7 AMOUNT 4 5. 10
CIAL NEWSPAPER' AND
PROVIDING AN EFFECTIVE NUMBER DUE
DATE.
Section 7.Any person,firm or
corporation who violates, PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
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 Thou-
sand Dollars ($2,0001 for
each offense.Each day that
a violation is permitted to ex-
ist shall constitute a sepa-I
rate offense.
City of SouthlakeI
ctySewetary )F SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 1 45. 10
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telearam FED I D. NO. 22-3148254
AD ORDER NO. 1425844
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
ACCOUNT NO. C I T 5 7
iiiEl STATE OF TEXAS
my 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:
AL
3/08M DATE AD ORDER NO.142584 CITY OF DESCRIPTION
ITHLAK 1358 AD SIZE INC�HTLNE RATE AMOUNT
lx 75L 75 QUOTE 49. 50
CITY OF SOUTHLAKE,TEXAS I 0 3/U 8-0 3/0 8 •
I
ORDINANCE NO.480-190
AN ORDINANCE AMENDING
' ORDINANCE NO. 480_ AS •
COMPRE-
HENSIVE ZONIN DI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS'
GRANTING A ZONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTH-
LAKE,TEXAS BEING 29.516
ACRES, SITUATED IN THE --
JOHN A.FREEMAN SURVEY __.. _._.. -.. . --... _..._
ABSTRACT NO.529,TRACT
7A,AND MORE FULLY AND
COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "C-2"
LOCAL RETAIL COMMER-
CIALDISTRICT TO "S-F-2" ',-
GENERALIZED SITE PLAN
DISTRICT WITH CERTAIN"C- •
3' GENERAL COMMERCIAL
TRICT USES, SUBJECT
ON
THE SPECIFIC REQUIRE- S(G
TS CONTAINED IN THIS
DINANCE; CORRECTING •
THE OFFICIAL ZONING MAP;
'.. PRESERVING' ALL OTHER
PORTIONS OF THE ZONING SWORN TO BEFORE ME, THIS THE 11TH DAY OF MARCH , 1996
ORDINANCE; DETERMINING
THAT THE PUBLIC INTER- aa at, ///���
EST, MORALS AND GENER-
AL WELFARE DEMAND THE r '�aY P,��'i RHONDA R. GOKE Notary Public
ZONING CHANGES AND �%O' •°=4t
AMENDMENTS HEREIN 0%2. :* COMMISSION EXPIRES
MADE PROVIDING THAT �.• ` .
THIS ORDINANCE SHALL BE 4�., s
NANCES-PROVIDING VF N A SEV- �4 y•/\'}P' SEPTEMBER 8, 1999 t TARRANT COUNTY,TEXAS
ERABILITY C AU SE ROVID- , �h F• 4'
ING FOR A PENALTY FOR VI-
OLATIONS HEREOF
PROVIDING A SAVINGS`
CLAUSE; PROVIDING FOR ; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
PUBLICATION IN THE OFFI- f
CIAL NEWSPAPER- AND
PRODDATTE�DING AN EFFECTIVE (----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--------j
ei... ...,. ...../(4/0
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 Thou- '
sand Dollars (52 000.00) Iii t
O for each offense.p;ermitted
S tar.'!'elegra m REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
that a violation is permitted
to exist shall constitute a
separate offense.
PASSED AND APPROVED this ACCOUNT C I T 5 7 AMOUNT 49.50
the 5th day of March, 1996, NUMBER DUE
during the Regular City
Council Meeting of the City
of Southlake.Texas.
PAGE 1 OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501
ATTES,s/Gary Fickes,Mayor
/s/Sandra L.LeGrand,
City Secretary
APPROVED AS TO FORM:
/s/E.Allen Taylor,Jr.,
City Attorriy
e CITY OF SOUTHLAKE
667 N CARROLL AVE
1
SOUTHLAKE , TX 76092-9595 /PLEASE PAY 49. 50
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED