480-212CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -212
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 ON THE
SOUTHERN PORTION OF LOT 5, BLOCK 3, CIMMARRON
ACRES ADDITION, BEING APPROXIMATELY 3.331 ACRES
SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO.
18, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL
DISTRICT TO "CS" COMMUNITY SERVICE 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 -2" Local Retail
Commercial 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
changes should be granted or denied: safety of the motoring public and the pedestrians using the
L: \C TYDOC S \ORD \CASES \480 -212. CS
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 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,
is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being on the southern portion of Lot 5, Block 3, Cimmarron Acres Addition, being
L: \CTYDOCS\ORD \CASES \480 -212. CS
Page 2
3.331 acres situated in the Jesse G. Allen Survey, Abstract No. 18, and more fully
and completely described in Exhibit "A" attached hereto and incorporated herein,
from "C -2" Local Retail Commercial District to "CS" Community Service District
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
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
L:\CTYDOCS\ORD\CASES\480-212.CS
Page 3
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 /J— day of AW , 1996.
_, AMffo
-4 .
ATTEST:
PASSED AND APPROVED on the 2nd reading the �— day of , 6.
�—�/�,., <<_
►��Y:�' •
L:\CTYDOCS\ORD\CASES\480-212.CS
Page 4
APPROVED AS TO FORM AND LEGALITY:
,
CITY ATTORNEY
DATE: �, )
ADOPTED:
EFFECTIV .
L: \CTYDOCS\ORD \CASES \480 -212. C S
Page 5
ATTEST:
EXHIBIT "A"
Being a portion of Lot 5, Block 3, Cimmarron Acres Addition to the City of Southlake,
as recorded in Volume 388 -181, Page 08, Plat Records, Tarrant County, Texas, said
real property being situated in the Jesse G. Allen Survey, Abstract No. 18, and being
more particularly described by metes and bounds as follows:
COMMENCING at the southwest corner of Lot 6, Block 3 of said Cimmarron Acres
Addition said point being in the east right -of -way line of Pearson Lane and the north
right -of -way line of Southlake Boulevard (F.M. 1709);
THENCE N 89 " E, along said north right -of -way line of Southlake Boulevard at
200.00 feet passing the southwest corner of said Lot 5, continuing in all, a distance
of 390.00 feet, to the POINT OF BEGINNING;
THENCE N 00 0 21'49" W, a distance of 270.00 feet, to a point for corner;
THENCE N 89 " E, a distance of 537.45 feet, to a point for corner;
THENCE S 00 0 21'49" E, a distance of 270.00 feet, to a point for corner in the north
right -of -way line of Southlake Boulevard (F.M. 1709);
THENCE S 89 °38'11" W, along said north right -of -way line of F.M. 1709 a distance
of 537.45 feet, to the POINT OF BEGINNING, and containing 145,111 square feet, or
3.331 acres of land, more or less.
L: \CTYDOCS \ORD \CASES \480 -212. CS
Page 6
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FED. I.D. NO. 22-3148254 10 0 8 0 92 7
Star-TelegramAD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
unty 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 TINCHTALNE RATE AMOUNT
11/08ME 10080927 CITY OF SOUTHLAK I358 1x 76L 76 . 66 50. 16
CORDIITY NANCE NO.4KE80-2125 11 O 8-11/D B
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 ON THE
SOUTHERN PORTION OF
LOT 5, BLOCK 3 CIMMAR-
RON ACRES ADDITION, BE-
ING APPROXIMATELY 3.331
ACRES SITUATED IN THE
JESSE G. ALLEN SURVEY,
ABSTRACT NO. 18, AND
MORE FULLY AND COM-
PLETELY DESCRIBED IN EX-
HIBIT"A"FROM'C-2"LOCAL
RETAIL COMMERCIAL DIS-
TRICT TO'CS" COMMUNITY •
SERVICES DISTRICT SUB-
UIREMENTS SCONTAINED SIG N
J THIS ORDINANCE' COR-
ECTING THE OFFICIAL
ONALL NG OTHER PPORTIONSIOF
S THE ZONING ORDINANCE' WORN TO BEFORE ME, THIS THE 11th DAY OF NOVEMBER , 1996
DETERMINING THAT THE'
PUBLIC INTEREST, MORALS 'e't"'®''�"''"'vk- '�`��''"I'' -�
AND GENERAL WELFARE 'ay;P`a r
DEMAND THE ZONING `�9,!;y RHONDA R. GOKE $ Notary Public �1.c t'� • E6-k--t-
MENTSCHANES AND AMEND- �HEREIN MADE;PRO-
VIDING THAT THIS ORDI- i`% COMMISSION EXPIRES t
NANCE SHALL BE CUMULA- SEPTEMBER 8, 1999 TIVE OF ALL ORDINANCES' ...4 + TARRANT COUNTY,TEXAS
PROVIDING A SEVERABILITII of
CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS
HEREOF-PROVIDING A SAV-
INGS CLAUSE- PROVIDING
OFFICABN PUBLICATION
AND ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
PROVIDING AN EFFECTIVE
DATE. TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
Section Any person,firm or -----.A---- - corporation who violates, --
—
diwho es omits,neglects ont
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 ($2 000.00)
forS
each offense. peck day�ra
that a violation is permitted REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
\
to exist shall constitute a
separate offense.
PASSED AND APPROVED
THIS THE 5TH DAY OF NO- ACCOUNT C I T 5 7 AMOUNT 50 . 16
VEMBER 1996 DURING THE NUMBER DUE
REGULAR CITY COUNCIL
MEETING OF THE CITY OF
SOUTHLAKE TEXAS
MAYOR RICK STACY PAGE o 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
ATTEST:SANDRA L LEGRAND
F
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR.,
CITY ATTORNEY -
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 50. 16 1
PLEASE PAY
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22-3148254 2654177
AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7
THE STATE OF TEXAS
;ounty 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:
r. DATE AD ORDER NO. AD SIZE TOTAL INCH/LINE RATE AMOUNT
10/18ME 2654177 NOTICE OF PUBLIC I358 1x 84L 84 . 66 55. 44
NOTICE OF PUBLIC HEARING 10/],8-I❑/18
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 No-
vember 5, 1996, beginning
at 6:00 p.m. in the City
Council Chambers of City
Hall, 667 North Carroll Ave-
nue, - - - - -- -- -
Southlake. Purpose of
the hearing is to consider
the second reading of the
following ordinance:
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO.480-212
AN ORDINANCE AMENDING
ORDINANCE
AMENDED, THE COMP
RE-
HENSIVE PRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS'
GRANTING A ZONING \
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND SIG &L.
WITHIN THE CITY OF SOUTH-
LAKE, TEXAS BEING ON
THE SOUTHERN PORTION
S OF MARRONAS CRES°ADDiTONN, WORN TO BEFORE ME, THIS THE DAY OF
BEING APPROXIMATELY � ��,��1* 2 2 N D OC TOB B R I 9'�
THE3.3 ACRES SITUATED I8 �' �^ ,
THE JESSE G. ALLEN SUR- _ ,aY,P�)q .,1\Lft/,�� �-
VEY, ABSTRACT NO. 18, =o:' • '� RHONDA R. GOKE Notary Public
AND MORE FULLY AND ;r:' ',,h't
' COMPLETELY DESCI9IBED :•i COMMISSION EXPIRES
IN EXHIBIT 'A' FROM 'C-2" /, . y COMMISSION
LOCAL RETAIL COMER- d%�- •P.
CIAL DISTRICT TO "CS ,9.., +s SEr'TEMBER 8 1999
COMMUNITY SERVICE DIS-
TRICT, SUBJECT TO THE f `""
SPECIFIC REQUIREMENTS
CONTAINED IN THIS REQUIREMENTS
CORRECTING THE
OFFICIAL
ALLI OTHER;POOR- ORIGINAL IN OICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
TIONS OF THE ZONING OR-
TTHATN TE•FIE PUBLICDETERMINING —TEAR ALONG T IS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----.A
— EST,MORALS,AND GENER-
AL WELFARE DEMAND THE
ZONING CHANGES N
MADE- PROVIDING HEREIN e I
•THIS ORDINANCE SHALL BE
•
CUMULATIVE OF ALL ORDI-
NANCES•PROVIDING A SEV-
ERABILR CLAUSE;PROVIO- bra
ING FOR PENALTY FOR VIO- REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
LATIONS HEREOF'
PROVIDING A SAVING
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI- ACCOUNT C I T 57 AMOUNT- 55. 44
CIAL NEWSPAPER- AND
PROVIDING AN EFF▪ECTIVE NUMBER DUE
DATE.
Section 7.Any person,firm or
corporation who violates, PAGE 1 ()I IF ANY QUESTIONS, PLEASE CALL(817)390-7885
disobeys,omits,neglects or
I
retuses 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 ($2 000.00)
for each offense. Each day
that a violation is permitted
to exist shall constitute a
separate offense. I F SOUTHLAKE
City of Southlake
Saecretary ndra L.LeGrand,
it Se
cretary I C A R R 0 L L A V E
SO-UTHLAKE , TX 76092-9595 PLEASE PAY 55. 44
THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED