480-210EM
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -210
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 1.822 ACRES SITUATED IN THE JESSE G.
ALLEN SURVEY, ABSTRACT NO. 18, BEING LOT 5R4 OF
PARKER'S CORNER ADDITION, TRACT 2A4 OF THE JESSE G.
ALLEN NO. 18 ADDITION, AND APPROXIMATELY 27,892
SQUARE FEET OF ABANDONED F.M. 1938 RIGHT -OF -WAY,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT " A " FROM "C -3" GENERAL COMMERCIAL
DISTRICT, "C -2" LOCAL RETAIL COMMERCIAL DISTRICT,
AND ABANDONED RIGHT -OF -WAY 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 welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as "C -3" General
Commercial District, "C -2" Local Retail Commercial District, and abandoned right -of- -way under
the City's Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a person
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Page 1
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,
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
L:\CTYDOCS\ORD\CASES\480-210.C-2
Page 2
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 1.822 acres land situated in the Jesse G. Allen Survey, Abstract
No. 18, being Lot 5R4 of Parker's Corner Addition, Tract 2A4 of the Jesse G. Allen
No. 18 Addition, and approximately 27,892 square feet of abandoned F.M. 1938
right -of -way, and more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "C -3" General Commercial District, "C -2" Local
Retail Commercial District and abandoned right -of -way 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 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
L:\CTYDOCS\ORD\CASES\480-210.C-2
Page 3
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 90 day o � — ' 1996.
ATTEST:
PASSED AND APPROVED on the 2nd reading the 3
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Page 4
ATTEST:
` gOu Th�y
3 .4 hu4t �f4��
ITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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EXHIBIT "A"
BEGINNING AT A 5/8 INCH IRON ROD FOUND FOR THE COMMON PROPERTY
CORNER OF THE MOST NORTHERLY CORNER OF LOT 5R3. SAID PARKER'S
CORNER ADDITION AND THE MOST WESTERLY CORNER OF SAID LOT 5114.
LYING IN THE SOUTHEAST RIGHT —OF —WAY LINE OF F. M. HIGHWAY No.
1709 (SOUTHLAKE BOULEVARD. A 130 FOOT WIDE RIGHT —OF —WAY), -
THENCE ALONG THE SAID SOUTHEAST RIGHT —OF —WAY LINE OF SOUTHLAKE
BOULEVARD AS FOLLOWS)
N 51'26'34'E. 348.28 FEET TO A TEXAS HIGHWAY DEPARTMENT
MONUMENT FOUND,
S 64 76.40 FEET TO A P.K. NAIL SET IN A BROKEN
TEXAS HIGHWAY DEPARTMENT MONUMENT IN THE WEST RIGHT —OF—
WAY LINE OF F.M. HIGHWAY No. 1938 (DAVIS BOULEVARD. A
VARIABLE WIDTH RIGHT —OF —WAY),
THENCE ALONG THE SAID WEST RIGHT —OF —WAY LINE OF DAVIS BOULEVARD
AS FOLLOWSo
S 00'15'29'E. 61.77 FEET TO A TEXAS STATE HIGHWAY
DEPARTMENT MONUMENT FOUND,
N 05 100.31 FEET TO A P.K. NAIL SET IN BROKEN
TEXAS STATE HIGHWAY DEPARTMENT MONUMENT,
S 00'16'02'E. 99.87 FEET TO A 1/2 INCH IRON ROD SET,
S 05'55'38'E. 64.46 FEET TO TEXAS STATE HIGHWAY
DEPARTMENT MONUMENT FOUND IN THE SOUTH BOUNDARY LINE OF
AFORESAID SOUTHLAKf- JOINT VENTURE TRACT BEING THE NORTH
BOUNDARY LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO
OTTIS F. COLLINS ACCORDING TO THE DEED RECORDED IN VOLUME
8267, PAGE 1572 OF THE DEED RECORDS OF TARRANT COUNTY.
TEXAS,
r
THENCE S 89'56'09'W. 83.74 FEET.ALONG THE COMMON BOUNDARY LINE
BETWEEN SAID SOUTHLAKE JOINT VENTURE TRACT TO A 1/2 INCH
IRON ROD SET IN THE AFORESAID EAST RIGHT —OF —WAY OF
ABANDONED DAVIS BOULEVARD,
THENCE N II'54'42'W. 67.28 FEET ALONG THE SAID EAST RIGHT —OF-
WAY LINE OF ABANDONED DAVIS BOULEVARD TO A 1/2 INCH IRON
ROD SET IN THE NORTHWEST LINE OF AN 80 FOOT WIDE DRAINAGE
EASEMENT RECORDED IN VOLUME 9614. PAGE 1733 OF THE DEED
RECORDS OF TARRANT COUNTY, TEXAS,
THENCE S 51'26'34'W. 141.24 FEET TO A 5/8 INCH IRON ROD FOUND
FOR THE COMMON PROPERTY LINE CORNER OF THE MOST EASTERLY
CORNER OF SAID LOT 5R3 AND THE MOST SOUTHERLY CORNER OF
SAID LOT 5114,
THENCE N 36'33'26'W. 210.03 FEET ALONG SAID COMMON PROPERTY
LINE OF LOT 5113 AND LOT 5114 TO THE PLACE OF BEGINNING.
CONTAINING 1.822 ACRES (79.380 SOUARE FEET) OF LAND.
L:\CTYDOCS\ORD\CASES\480-210.C-2
Page 6
EXHIBIT "B"
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Star-Telegram FED. I D. NO. 22-3148254
AD ORDER NO. 2342974
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
OSTATE OF TEXAS
ty 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 2342974 NOTICE OF PUBLIC I358 lx 90L 90 .66 59. 40
NO I ICE NOTICE Sr HEREBY GIVEN s 0 8/2 3-0 8/2 3
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 Sep-
tember 3, 1996 at 6:00
p.m. in the City Council
Chambers of City Hall 667
' North Carroll Avenue,South •
-
lake,Texas.
Purpose of the hearing is to
consider the second reading•
of the following ordinance:
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO.480-210
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE----- - — • •--
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS
il' RANTING A ZONING
ANGE ON A CERTAIN
CT OR TRACTS OF LAND S I G
HIN THE CITY OF SOUTH-
E, TEXAS, BEING AP-
OXIMATELY 1.822 ACRES 2 6 t h AUGUST 1996
SITUATED IN THE JESSE G.
S NOEI8SBENGL0B 5R4 OF
STRACTSWORN TO BEFORE ME, THIS THE DAY OF �A ``
R CORNER ADDI-
TION, ,�. � c &-'k'L
TRACT 2A4 OF THE
JESSE G.ALLEN NO.18 AD-
DITION, Notary AND APPROXIMATE-
LY 27,892 SQUARE FEET ;? -
OF ABANDONEDF.M. 1938 # •;'��c • COMMISSION EXPIRES 1
RIGHT-OF-WAY, AND MORE r''$?;.
\ t
FULLY AND COMPLETELY / '1 SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS
FROM"C DESCRIBED GENERALL EXHIBIT
:NOF`;+"
MERCIAL DISTRICT C-2"
b ��.b�" �►‘"�b�vrra- a�
LOCAL RETAIL CMMER-
CIAL DISTRICT AND ABAN-
DONED RIGHT-OF-WAY TO
"C-2" LOCAL RETAIL COM- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
MERCIAL DISTRICT SUB-
' JECT TO THE SPECIFIC RE-
IOUIREMEN THIS NRDINANCE CONCOTAINED
—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�k
— ZFICIAL •
ONING THE- SERVING
ALL RP• PRESERVING
ALL OTHER PORTIONS OFeitl°\Atfi
THE ZONING ORDINANCE
DETERMINING THAT THE
SPUBLIC INTEREST,MORALS
AND' GENERAL WELFARE
DEMAND THE ZONING Iram
CHANGES AND AMEND-
MENTS HEREIN THISE;PRD°I- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
NANCE SHALL BE CUMULA-
TIVE OF ALL ORDINANCES; ACCOUNT C I T 5 7 AMOUNT 59.40
PROVIDING A SEVERABILITY
CLAUSE;PROVIDING FOR A NUMBER DUE
PENALTY FOR VIOLATIONS
HEREOF;PROVIDING A SAV-
INGS CLAUSE• PROVIDING IF ANY QUESTIONS, PLEASE CALL(817)390-7885
OFFICIIALBNEWSPAPER•AND PAGE 1 O�
PROVIDING AN EFFECTIVE
DATE.
Section 7,.Any person,.firm or
S
CITY OF SOUTHLAKE
667 N CARROLL AVE 1
SOUTHLAKE , TX 76092-9595 PLEASE PAY 59.40
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED