480-197CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -197
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
APPROXIMATELY 3.00 ACRES SITUATED IN JESSE G.
ALLEN SURVEY, ABSTRACT NO. A -18, TRACTS 4A15, 4A16A,
AND 4A18, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
DISTRICT AND `B -1" BUSINESS SERVICE PARK DISTRICT
TO "S -P -1" DETAILED SITE PLAN TO ALLOW GYMNASTICS,
SWIMMING, DIVING, DANCE, MARTIAL ARTS
INSTRUCTION, ARCHERY RANGE, AFTER - SCHOOL CARE,
SUMMER CAMP PROGRAMS, PRO -SHOP, AND OTHER
RELATED BUSINESSES, 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
District and "B -1" Business Service Park District District under the City's Comprehensive Zoning
Ordinance; and
L:\CTYDOCS\ORD\CASES\480-197.WPD
Page 1
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 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,
L:\CTYDOCS\ORD\CASES\480-197.WPD
Page 2
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:
Being approximately a 3.00 acre tract of land situated in the Jesse G. Allen Survey,
Abstract No. A -18, Tracts 4A15, 4A1 6A, and 4A18, and more fully and completely
described in Exhibit "A" attached hereto and incorporated herein, from "AG"
Agricultural District and "B -1" Business Service Park District to "S -P -1" Detailed
Site Plan to allow gymnastics, swimming, diving, dance, martial arts instruction,
archery range, after - school care, summer camp programs, pro -shop, and other related
businesses as depicted on the approved Site 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
L:\CTYDOCS\ORD\CASES\480-197.WPD
Page 3
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, 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 day of , 1996.
AYOR
L:\CTYDOCS\ORD\CASES\480-197.WPD
Page 4
ATTEST:
z �� a400e"
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 1996.
ATTEST:
ItL N il �
��� ctry SECRETARY
APPROVED AS TO FORM AND LEGALITY:
L,A) 16- 0,d --
CITY ATTORNEY
DATE:
ADOPTED: WU4 A / , 1I9�
EFFECTIVE: A ` *
L:\CTYDOCS\ORD\CASES\480-197.WPD
Page 5
EXHIBIT "A"
THE STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, we, 10%NDAL B_ SNOW, et ux DE80RA K. SNOW, are all the owners
of tract of land situated in the J. G. Allen Survey, Abstract No. 18,
County of Tarrant, according to the deed in Volume 8822, Page 1197,
DRTCT, and more particularly described as follows:
BEGI*Mr- in the West line of said J.G. Allen Survey and being
N Oo 18' 15" W a distance of 496.19 feet from the Southwest corner of
said J.G. Allen Survey;
N Oo 18' 15 W a distance of 450.0;
TMDM N 890 43' E at a distance of 30.0 feet to a set 5/8 inch iron
rod, a total distance of 349.03 feet to a set 5/8 inch iron rod;
ZSENCL S Oo 15' 07" E a distance of 250.0 feet to a found 1/2 inch
iron rod;
TFUMM S 890 43' W a distance of 131.0 feet to a set 5/8 inch iron rod;
S Oo 13' 34" E a distance of 199.48 feet to a found 1/2 inch
iron rod;
TMMM S 890 34' 47" W at a distance of 187.53 feet to a set 5/8" iron
rod at a total distance of 217.53 to place of beginning, containing
3.000 acres or 130,706 square feet of land.
G:\0RD \CASES \480 -197. WPD
Page 6
EXHIBIT "B"
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G:\ORD\CASES\480-197.WPD
Page 7
FED. I.D. NO. 22-3148254
Fort Worth Star-Telegram 1842970
AD INVOICE NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 C I T 5 7
ACCOUNT NO.
STATE OF TEXAS
Illity 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 INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE . AMOUNT
NCH/LINE
5/24Mg 1842970 CITY OF SOUTHLAK I358 1x 84L 84 . 66 55 . 44
CITY OF SOUTHLAKE,TEXAS 10 5/2 4-0 5/2 4
ORDINANCE NO.480-197
AN ORDINANCE AMENDING
ORDINANCE NO. 480_ AS
AMENDED, THE CON)PRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS•
GRANTING A ZONING
• TRACT CHANGE ORN TRACTS CERTAIN OR
LAND WITHIN THE CITY OF
SOUTHLAKE TEXAS, BEING
APPROXIMAI`ELY 3.00
ACRES SITUATED IN JESSE
G. ALLEN SURVEY AB-
STRACT NO. A-18, TRACTS
4A15, 4A16A, AND 41A8,
AND MORE FULLY AND
COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" - --- - - -- -- --
AGRICULTURAL DISTRICT
AND "B-1" BUSINESS SER-
VICE PARK DISTRICT TO"S-
P-1" DETAILED SITE PLAN
TO ALLOW GYMNASTICS, SIG
SWIMMING,DIVING,DANCE, SIG
MARTIAL ARTS INSTRUC-
TION, ARCHERY RANGE,
AFTER-SCHOOL CARE SUM-
SU P o-SHOP INPROGRAMS,
E - /ORN TO BEFORE ME, THIS THE 28th DAY OF May 1996
• LATED BUSINESSES SUB- ��`
JECT TO THE SPECIFIC RE-
_V.
�UIREMENTS CONTAINED •;^WI',
P , lakIN THIS ORDINANCE,* COR-
RECTING -aY Notary Public .O.
THE OFICIAL jRHONDA R. GOKE ry
ZONING MAP PRESERVING =i•' • COMMISSION EXPIRES THa
ALL OTHER PORTIONS OF ; fDET ZONING ORDINANCE SEPTEMBER 8, I999DETERMINING THAT THE 1,7s TARRANT COUNTY,TEXAS
PUBLIC INTEREST,MORALS h(F`ot�tr
AND GENERAL WELFARE
DEMAND THE ZONING - - - -
CHANGES AND AMEND-
MENTS HEREIN MADE;PM:
PI- NANCE SHALL BeCUMULA-•IGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
' TIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY
CLAUSE; FOR IDIVINNGAF R A TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A
HEREOF,PROVIDING A SAV-
INGS CLAUSE PROVIDING i
FOR PUBLICATION IN THE i
ND
OROVIFFICAINGL •
DATE.
For Section 7.Any person,firm or • r.Telegram
corporation who violates,
disobeys omits,neglects or REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102
refuses.(o comply with or
who resists the enforcement
of any of the provisions of
this ordinance shall be fined ACCOUNT C I T 5 7 AMOUNT 55. 44
not more than Two Thou- NUMBER DUE
sand Dollars (52 000.00)
for each offense. Each.day
that a vio
permitteda
separate offense. PAGE 1 OF 1
to exist shall constitute IF ANY QUESTIONS, PLEASE CALL(817)390-7501
PASSED AND APPROVED
THIS THE 21 DAY OF MAY,
1996, DURING THE REGU-
LAR CITY COUNCIL MEET-
ING OF THE CITY OF SOUTH-
LAKE TEXAS.
MAYOR GARY FICKES
ATTEST:
SANDRA L.LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:S SOUTHLAKE
E.ALLEN TAYLOR,JR., -
CITY ATTORNEY
eer N CARROLL AVE
SOUTHLAKE , TX 76092 9595 55. 44
PLEASE PAY
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED
FED. I.D. NO. 22-3148254
Fort Worth Star-Teleararn
AD INVOICE NO. 1759313
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
STATE OF TEXAS
ty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TammiP 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 INVOICE NO. DESCRIPTION AD SIZE INTOTAL RATE AMOUNT
CH/LINE
5/10M 175931 NOTICE OF PUBLIC I358 1x 61L 61 . 66 40 . 26
NOTICE OF 05/10-05/10
PUBLIC HEARING
NOTICE IS HEREBY GIVEN
to all interested persons that
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 May
21,1996 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 folkin OF
ordinance:
SOUTHLAKE TEXAS
ORDINANCE Nd.480-197
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
ANCE OF THE CITY OF
4ANTING UTHLAKE, A ZONING
S
ANGE ON A CERTAIN SIG
ACT OR TRACTS OF LAND
(THIN THE CITY OF SOUTH-
Sl FULLY TEXASND COMPLETELY3WORN TO BEFORE ME, THIS THE 14th DAY OF May 1996
DESCRIBED IN EXHIBIT A'
FROM TO SUBJECT TO THE I �� /�
SPECIFIC REQUIREMENTS r �.••0 \fV �U ` .
CONTAINED R THIS •ORDF 1raY•°t)h NotaryPublic �L
NONCE; CORRECTING THE o.:' .'srtll RHONDA R. GOKE
OFFICIAL ZONING MAP,PRE- $;2: ••.ny
SERVING ALL OTHER POR- S•! $ COMMISSION EXPIRES •
TIONS OF THE ZONING �y y
OR-
DINANCE,' DETERMINING I•III Syr. 'T, TARRANT COUNTY,TEXAS
THAT THE PUBLIC INTER- ,lire."-..• .-- SEPTEMBER 8, 1999
EST, MORALS AND GENER- oFc,.
AL WELFARE DEMAND THE =—�►Y.
ZONING CHANGES AND
• AMEDNMENTS HEREIN
THISEORDINANCENSHALLHBT
E ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
CUMULATIVE OF ALL ORDI-
NANCES-PROVIDING A SEV-
ER BOR A PENALE-FOR IID--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT--.
INVI-
OLATIONS A SAVINGFS
CLAUSE; PROVIDING FORbrALAtotAul _
PUBLICATION IN THE OFFI-
PGPETVEROVIDINAN EFFECTIVE
DATE.
Qi
City of Southlake
F I Sty Secretary
e r tarYrand 1Star.'1'e1egrari REMIT TO: 400W SEVENTH ST •FORT WORTH,TEXAS 76102
Ci Secretar
•
.w NW-0 Is
1759313 ACCOUNT CIT57 AMOUNT 40.26
NUMBER DUE
PACE I OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
S CITY OF SOUTHLAKE -
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 40. 26
THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED