480-201CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-201
.\N ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED. TIlE COMPREHENSIVE ZONING ORDINANCE OF
TI IE CITY OF SOI'THLAKE. TEXAS; GRANTING A ZONING
CtlANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
APPROXIMATELY 2.819 ACRES SITUATED IN THE TI-lOMAS
MAIIAN SURVEY, ABSTRACT NO. 1049. BEING TRACTS 2El
and 2G..AND MORE FIJLLY AND COMPLETELY DESCRIBED
IN EXIIIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO
"SF-IA" SINGLE FAMILY RESIDENTIAL DISTRICT, SUBJECT
IO 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.
REQUESTED ZONING:
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 (-;ode; 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 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
L:\CTYDOCS~ORD\CASES~,480-201 .SFI
Page I
changes should bc granted or denied: safety of the motoring pnblic and the pedestrians using the
thcilities m 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 thc neighborhood: location, lighting and types of signs and relation of signs
to tral'fic control and adiacent property: street size and adequacy of width irbr traffic reasonably
expected to bc generated b.,, the proposed usc aroand thc site and in the immediate neighborhood;
adequacy o~' 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 snrthcing on all parking areas to control dust; effect on the promotion of health ad
the general ',,,,elf:are; effect on light and air: effect on thc over-crowding of thc land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other
pnhlic 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,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L:\CTYDOCS' ORD\CASES\480-201 .SFI
Page 2
Being a 2.819 acre tract of land situated in the Thomas Mahan Survey, Abstract No.
11)49. being Tracts 2El and ZIG, and more fully and completely described in Exhibit
":\" attached hereto and incorporated herein, from "AG" Agricultural District to
"51:-l:V' >;ingle Falnil) Residential District.
Section 2. I'hat thc City Manager is hereby directed to correct the Official Zoning map
of the C it5 of Southlake. Fexas. 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 nther applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, xvords, 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., 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 ts 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
L:\CTYDOCS\ORD\CASES\480-201 .SF1
Page 3
until final disposition by the courls.
Section 9. The City Secretary. of the City of Southlake is hereby directed to publish the
prnposcd ordinance or its caption and penalty together with a notice setting out the time and place
Ibr 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 lbrfeiture lbr 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.
publication as required by law, and it is so ordained.
on the 1st reading the (0 day of ~/~,
PASSED
AND
APPROVED
/')11
This ordinance shall be in full force and effect from and after its passage and
1996.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ~ day offS, 1996.
L:\CTYDOCS~ORD\CASES\480-201 .SF1
Page 4
ATTEST:
CITY SECRETARY
APPROVED AS 'FO FORM AND LEGALITY:
CITY ATTORNEY
DATE'
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Page 5
EXHIBIT "A"
Commencing at the Northwest corner of a ~act of land deeded to D.M. Rodqers
as recorded in Vol. 1917, Page 143, Tarrant County Deed Records, same being 7
varas south and 9 varas west of the northeast corner of the Thomas Mahan
Survey and the southeast corner of the Francis Throop Survey;
Thence North 89 degrees West 428.8 feet to an iron, the northeast and
beginning corner of tract being described;
Thence South 2 degrees 04 minutes West 558.6 feet to an iron;
?hence North 89 degrees West 219.9 fret to an iron;
Thence North 2 degrees 04 minutes East 558.6 feet to an iron in the South line
of County Road #3034;
Thence along the South line of said road South 89 degrees East 219.9 feet to
the Place of Beginning, and containing 2.819 acres of land, more or less.
L:\CTYDOCS\ORD\CASES\480-201.SFI
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FED. I.D. NO. 22-3148254
Star-Telegram AD ORDER NO, 2344668
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
*STATE OF TEXAS •
Ay of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the
• 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 INCH/LINE RATE AMOUNT
8/23ME ' 2344668 CITY OF SOUTHLAK I358 1x 75L 75 . 66 49. 50
CITY OF SOUTHLAKE,TEXAS 0 8/2 3-0 8/2 3
ORDINANCE NO.480-201
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
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 AP-
PROXIMATELY 2.819 ACRES
SITUATED IN THE THOMAS
MANOH10N 49RBEINJGBTRACTS
2E1 AND 2G, AND MORE
FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A"
AND "AG" AGRICULTURAL
DISTRICT TO SF-1A" SIN-
GLE FAMILY RESIDENTIALIREMENT �
DISTRICT,SUBJECT TO THE
PECIFIC REQUIREMENTS
NTAINED IN THIS ORDI-
CE; CORRECTING THE
ICIAL ZONING MAP;PRE-
RVINGO ALL OTHER POR- 26th AUGUST 1996
OAN E; THE DETERMINING OR SWORN F REM THIS THE DAY OF
THAT THE PUBLIC INTER- ,
EST, MORALS AND GENER-
AL O WELFARE DEMAND THEN 3r. ••y # RHONDA R. GOKE \--)0
ZONING CHANGES AND b` •@%r' NotaryPublic a
MAADE;
HEREIN 3"G COMMISSION EXPIRES 0
MADE PROVIDING THAT i+•
THIS ORDINACNE SHALL BE � : ;•.,f p 9
CUMULATIVE OF ALL ORDI- 4'"• ••rf SEPTEMBER 8, 1999 NANCEST PROVIDING A SEV- '��``'•-• •�±' TARRANT COUNTY,TEXAS
ERABILITY CLAUSE-PROVID- .�[,
ING FOR A PENALTY FOR VI-
OLATIONS HEREOF.
PROVIDING A SAVINGSCLAUSE; PRt
FOR
PUBLICATIONOING INDTHE O F!
CIAL NEWSPAPER- ANDS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
PROVIDING AN EFFECTIVE
DATE.
Section 7.Any person,firm or TEAFLgLpNG H S P"FORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----Acorporation who violates, +1D��♦.�}/j /
disobeys,omits,neglects or
refuses to comply with on
who resists the enforcement 4
of any of the provisions of •A WO
I� ���
this ordinance shall be fined -
` not more then Two Thou
sand Dollars ($2 000.00)
for each offense. p
that a violation is permitted
dad
rmitted
ii to exist shall constitute a • REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
separate offense.
PASSED AND APPROVED BY
THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, THIS ACCOUNT C I T 5 7 AMOUNT49. 50
THE 20TH DAY OF AUGUST, NUMBER DUE
1996.
/s/Garyy Fickes,
ATTEST:f Southlake PAGE 1 O41 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
/s/Sandra L.LeGrand,
City Secretary
APPROVED AS TO FORM:
/s/E.Allen Taylor,Jr.,
City Attorney
CITY OF SOUTHLAKE
• 667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 1 PLEASE PAY 49. 50
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED