480-245CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-245
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 A
PORTION OF LOT 3, BLOCK 1, MIRON ADDITION, AND
BEING APPROXIMATELY 0.346 ACRES IN THE JOHN A.
FREEMAN SURVEY, ABSTRACT NO. 529, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "B-1"
BUSINESS SERVICE PARK DISTRICT TO "S-P-2"
GENERALIZED SITE PLAN DISTRICT WITH LIMITED "B-2"
COMMERCIAL MANTJFAC37t~TdNG DIS ~rdCT USES, SUq3JECT
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 AzND 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 welfi~re, all in accordance with a comprehensive plan: and
WHEREAS, the hereinafter described property is currently zoned as "B-1" Business Service
Park 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 CiD' 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 CTY DOCS\ORD\C ASES\480-245 WPD
Page I
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities iu 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 oft-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 ,,vas 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 thc health and the general welfare, provides adequate light and air, prevents the over-
crox~ding of land, avoids undue concentration of population, and facilitates the adequate provision
o~' 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 [br 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 rcquested 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, '[HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOl TH[AKE, ['EXAS:
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 hereb? amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
L CTYDOCSORD\CASES480245WPD
Page 2
Being a portion of Lot 3, Block 1, Miron Addition, and being approximately 0.346
acres of land situated in the John A. Freeman Survey, Abstract No. 529, and more
fully and completely described in Exhibit "A" attached hereto and incorporated
herein, from "B-I" Business Service Park District to "S-P-2" Generalized Site Plan
District x~ith limited "B-2" Commercial Manufacturing District uses, excluding the
tbllowing uses:
25.2a(2)
25,2a(3)
25.2a(4)
25.2a(5)
25.2a(6)
25.2a(7)
25.2a(10)
25.2a(18)
25.2a(19)
Auto painting facilities;
Automobile and motorcycle sales/rental;
Automobile repair/service; muffler shops; oil and lube shops;
Boat sales, service, repair; recreational vehicle sales;
Builder's supply, stores, outlets; all materials contained within the
building;
Bus station;
Farm implement sales and service;
Retail activity of a service nature;
Retail uses related to the principal uses.
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
tnadc in accordance with the comprehensive plan/'or the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, ~vith 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 ~vith 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 afl'ecting 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
L xCTYDOCS',ORD\CASESX,480 245 WPD
Page ~
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
ret'uses 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 Southiake 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 provtsions, 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.
PASSED AND APPROVED on the 1st reading the .~
This ordinance shall be in full force and effect from and after its passage and
day of~ ,1997.
MAYOR
ATTEST:
~ITY SECRETARY
PASSED AND APPROVED on the 2nd reading the / 7 day of ~'~, 1997.
L CTYDOCS/ORD~,CASESX, 480-245 WPD
Page 4
EFFECTIVE:~ ~! Iq ~ 7
/
APPROVED AS TO FORM AND LEGALITY:
ATTEST:
CITY SECRETARY
CITY ATYOR~-Y - ~7- '
L:'CTYDOCS\0RDXCASES\480-245.WPD
Page 5
EXHIBIT "A"
COMMENCING at a 5/8" iron pin found at the Southwest comer of said Lot 3, Block 1 of said
Miron Addition, said iron pin also being on the North line of Oak Tree Estates, an addition to the
City of Southlake, Tarrant County, Texas as recorded in Cabinet A, Slide 2121 PRTCT, said iron
pin also being the Southeast comer of Lot 1, Block 1 of Gorbutt Addition, an addition to the
City of Southlake, Tarrant County, Texas as recorded in Vol. 388-156, Pg. 12 PRTCT; THENCE
N 00°08'52" E along the East line of Lot 1, Block I of Gorbutt Addition, a distance of 255.62
feet to a 5/8 iron pin found for the Point of Beginning of the herein described tract;
THENCE N 00°08'52" E along the East line of said Lot 1, Block 1 of Gorbutt Addition, a
distance of 33.92 feet;
THENCE N 89°58'04" E, a distance of463.11 feet to the Point of Curvature of a non-tangent
circular curve to the left having a radius of 75.00 feet and a central angle of 35°25'14'' and being
subtended by a chord which bears S 41 °56'56" W, 45.63 feet;
THENCE Southerly along said curve to the left, an arc distance of 46.37 feet;
THENCE S 89058'04'' W, a distance of 432.70 feet to the POINT of BEGINNING and
containing 15,084 square feet or 0 ~
.~46 acres of land.
L:'xCTYDOCS/ORD/CAS ES~,480-245 WPD
Page 0
3
ApOFFtO~
AS)-
TRACT MAP ""
Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 11215263
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
County 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:
C DATE AD ORDER NO. DESCRIPTION NTO/A AD SIZE TOTAL AD RATE AMOUNT
NE
6/20ME 11215263 CITY OF SOUTHLAK I358 Ix 78L 78 . 79 61 . 62
CITY OF SOUTHLAKE,TEXAS ORDINANCE NO.480-245 0 6/2❑-❑6/2 O
AN ORDINANCE AMENDING
NO. AS
AMENDEDETHEE COMPRE-
HENSIVE
ZONING ORDI-
NANCE _... __ _. __..._ ... ... _....
OF THE CITY OF
SOUTHLAKE, TEXAS'
GRANTING A ZONING
CHANGE ON A CERTAIN __.. 1
TRACT OR TRACTS OF LAND -
WITHIN THE CITY OF SOUTH-
LAKE TEXAS, BEING BEING
A PORTION OF LOT 3,
BLOCK 1 MIRON ADDITION. ._ _.. -..
• AND BEING APPROXIMATE-
LY 0.346 ACRES IN THE
JOHN A FREEMAN SURVEY,
ABSTRACT NO. 529. AND
MORE FULLY AND COM- —
PLETELY DESCRIBED IN EX-
HIBIT"A"FROM"B-1"BUSI- •
1 NESS SERVICE PARK DIS-
TRICT TO 'S-P-2'•
I GENERALIZED SITE PLAN S
DISTRICT WITH LIMITED "B-
2"COMMERCIAL MANUFAC-
TURING DISTRICT USES,
SUBJECTQU TO THE SPECIFIC
TAINE'D IN�THIS ORD(SWORN TO BEFOR„E`ME THIS THE 23rd DAY OF JUNE 1997
NANCE; CORRECTING THE � l r
OFFICIAL ZONING MAP;PRE- 1pe:1.!� 'i�
TIONS O ALL OONIN�POR- O :p;• '•`�r� F(HONDA R. GOKE Notary Public ~C-�1.�1'-,C' 1Q. - c..
TISEONS OF THE ZONING OR- %2= `•1,��
DINANCE• DETERMINING i
THAT THE PUBLIC INTER- rj•i =•i COMMISSION EXPIRES
EST, MORALS AND GENER- I'er•l •J SEPTEMBER 8, 1999 1
AL WELFARE DEMAND THE # '17-•.. `+l TARRANT COUNTY,TEXAS
ZONING CHANGES AND yiEh•-` = r
AMENDMENTS HEREIN
MADE- PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
ERABILITTY•PROVIDING
LAUS PROVID- ` YOU!
ING FOR A PENALTY FOR VI- 3 ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK
PROVIDING A SS AVIENGS
CLAUSE; PROVIDING FOR 1,---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A
_ PUBLICATION IN THE OFFI-
CIAL NEWSPAPER- AND
' PROVIDING AN EFFECTIVE
' DATE.
Section 7.Any person,firm or
corporation who violates,
disobeys,omits,neglects or
refuses to comply with or
who resist the enforcement ram CITY SECRETARY
of any of the provisions of REMIT TO: 400 W.SEVENTH ST. ••FORT WORTH,TEXAS 76102
this ordinance shall be fined
not more than Two Thou- ACCOUNT AMOUNT
Thou-
sand Dollars f$2 Each day00) C I T 57 DUE 61 . 62
fora each violation is permitted
dad; NUMBER
that a is permitted
to exist shall constitute a
1 separate offense.PDUR IF ANY QUESTIONS, PLEASE CALL(817)390-7885
N HE APPROVED PAGE 1 OF
DURING THE CITY COUNCIL L
MEETING HELD ON JUNE
1 17,1997.
/s/Rick Stacy,Mayor
ATTEST:
/s/Sandra L.LeGrand,
City Secretary
APPROVED AS TO FORM:
/s/E.Allen Taylor,Jr.,
City Attorney
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 61 . 62
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram f U I U IVIJ. ZL 314O '
AD ORDER NO.
11138757
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO.
CIT57
THE STATE OF TEXAS
County 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:
TOTAL
i DATE AD ORDER NO DESCRIPTION AD SIZE INCH
TOiAINE RATE AMOUNT
6/06ME 11138757 NOTICE OF PUBLIC I358 1x 86L 86 . 79 67 . 94
NOTICE OF PUBLIC HEARING 0 6/0 6-0 6/0 6
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 June
17, 1997 at 6:00 p.m. in
the City Council Chambers
of City Hall, 667 North Car-
roll Avenue, Southlake, Tex-
as.
Purpose of the hearing is to
consider the second reading
of the following ordinance:
CITY OF SOUTHLAKE,TEXAS
ORDINANCE NO.480-245 'L AN ORDINANCE AMENDING,
NO.AMENDED ORDINANCE
THE CO?APRE-1
HENSIVE ZONING ORDI-
NANCEI
OF THE CITY OF, f
SOUTHLAKE,GEO TEXAS,' \\�,c\, `
GRANTING A ZONING. S C'.1� �` Lam_
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTH-p
51 LAK,TEXAS BEIBLOCKOR.SWORN THE 12th DAY OF JUNE 1997
MIRON ADDITIOt4 AND BE- I:-,�••••.%`',
APPROXIMATELYINACRSIITUA SITUATED THE �'�4 �t �.n�i Rhi01VDN R. GOKE 11�� . QQ ,,�� '-�
JOHN A.FREEMAN SURVEY, •' ` f Notary Public it Ak-K-1l'(�C., 1 Qat.
ABSTRACT NO. 529, AND /\ : , COMMISSION EXPIRES
MORE
DESCR BED INDEX- Sr' `'••+;•-4tJ.
HIBIT"A"FROM"B-1"BUSI- l f t SEPTEMBER B, 1999
NESS SERVICE PARK DIS- TARRANT COUNTY,TEXAS
TRICT TO
GENERALIZED SITE PLAN
DISTRICT WITH LIMITED "B-
2"COMMERCIAL MANUFAC-I
TUE C ,SBT DISTRICT SPECIFIC; ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
REQUIREMENTS CON-
TAINED IN THIS ORDI-
NANCE;IIAL ZONING MAP; THE
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�A
— SERVING ALL OTHER POR •
-
TIONS OF THE ZONING OR-'
DINANCE• DETERMINING:
THAT THE PUBLIC INTER-I
EST, MORALS AND GENER-
AL WELFARE DEMAND THE OFFICE OF
i
ZONING CHANGES AND
AMENDMENTS HEREIN
S
MASS PROVIDINGL THAT, CITY SECRETARY THIS ORDINANCE SHALL BEram
REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
CUMULATIVE OF ALL ORDI-
NANCES•PROVIDING A SEV-
ERABILITY CLAUSE PROVID-
ING FOR A PENALTY FOR VI- ACCOUNT AMOUNT
OLATIONS
'PROVIDING A SAVINGS` NUMBER C I T 5 7 DUE 67 . 94
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER,- IF ANY QUESTIONS, PLEASE CALL(817)390-7885
1 O�
PROVIDING AN AND PAGE EFFECTIVE
DATE.
Section 7.Any person,firm or
.corporation who violates,
,disobeys,omits,neglects or
'refuses to comply with or
who resist the enforcement
''th fis anorydin ofance sh the provisions of
-not more than Two Thou-
,sand Dollars ($2 000.00)
for each offense. Each day
1 that a violation is permitted
to exist shall constitute a
-separate offense.
'v of Southlake __ -. _
iandra L.LeGrand )F SOUTHLAKE r \
,SecretaryPLEASE PAY
667 N CARROLL AVE THIS AMOUNT
SOUTHLAKE , TX 76092-9595 67 . 94
PLEASE WRITE IN AMOUNT ENCLOSED