480-199CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-199
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZON1NG ORDINANCE OF
TIdE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY 1.10 ACRES SITUATED IN THE JOHN A.
FREEMAN SURVEY, ABSTRACT NO.529, AND BEING THE
NORTHERN PORTION OF TRACT 2, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL
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 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 welt:are, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
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
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
lhe 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
L 'CTYDOCS\ORD\CASES/480 199 WPD
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 o f 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 ltmd requested for a change since the tract or tracts of tand 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
SOIJTHLAKE, TEXAS:
Section I. 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 a 1.10 acre tract of land situated in the John A. Freeman Survey, Abstract
L:,,CTYDOCS' ORD\CASES\480-199.WPD
Page 2
No.529, and being the northem portion of Tract 2, and more fully and completely
described in Exhibit "A" attached hereto and incorporated herein, from "AG"
Agricultural District to "C-2" Local Retail 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 heroin 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, 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
al't'ecting 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
L \CTYDOCS ORD\CASES\480-199.WPD
Page 3
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 reading the __ day of
.,1996.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
day of _,1996.
MAYOR
L:\CTYDOCS\ORD\CASES~480-199.WPD
Page 4
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L:\CTYDOCS\ORD\CASES\480 199.WPD
Page 5
EXHIBIT "A"
B~GINNING AT A L/2' IRON PIN FOUND IN THE SOUTH R.O.W. LINE OF SOUTHLAKE
80ULEVRRO (F.M. HIGHWAY i?09), FOR THE NORTHWEST CORNER OF TRACT BEING OESCRIBED,
SAID POINT BEING THE NORTHEAST COR~ER OF LOT Z, 30HN A. FREEMAN NO. $29 AOOITION,
AN ROD[TION TO THE CITY OF $OUTHLRKE, TARR?~T COUNTY, TEXAS, ACCORDING TO PLAT
RECORDED IN C~INET ~, SLIOE ~473, PLAT RECO~S, TRRR~T COUNTY, TEXAS;
THENCE NORTH 89 OEGREES 54 MINUTES 5B SECONOS EAST 2ZO.O0 FEET ALONG SAID R.U.W.
TO A 1/2" IRON PIN SET FOR THE NORTHEAST COnqUER OF TRACT BEING OESCRIBEO, SAID
POINT ALSO BEING LOCATED IN THE WEST LINE OF A TRACT OF LAND AS OESCRIBEO IN OEED
RECORDED IN VOLUME 3926, PAGE 504, DEED RECORDS, TRRRANT COUNTY, TEXAS;
THENCE SOUTH OO DEGREES 04 MINUTES 56 SECONOS EAST 220.50 FEET ALONG THE WEST
[..[NE OF SAID TRACT DESCRIBED IN ¥OLUNE 392&, PAGE 504, TO A 1/'2" IRON PIN SET FOR
THE SOUTHEAST CORNER OF TRACT BEING OE$CRIBEO;
THENCE SOUTH 89 OEGREES 22 MINUTES 53 SECO,;U)S WEST 214.78 FEET, TO A 1/2' IRON
PIN SET IH THE ERST LINE OF SAIO LOT 2, 30HN A. FREEhSqN NO. 5Z? AOOITION FOR THE
SOUTHWEST CORNER OF TRACT BEING OESCRIBED;
THENCE NORTH OI OEGREES 15 MINUTES 54 SECONOS WEST 222.55 FEET .ALONG THE EAST
LINE OF SAID LOT Z, JOt~ A FREEMAN NO. 5Z9 ADDITION TO THE POINT OF BEGINNING AND
CONTAINING I.lO ACRES OF LAND, MORE OR LESS.
Page 6 8A-I 6
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