480-246CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -246
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 5.63 ACRES SITUATED IN THE THOMAS
EASTER SURVEY, ABSTRACT NO. 474, BEING A PORTION
OF TRACT 5 AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
DISTRICT TO "O -1" OFFICE 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.
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 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 "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\480-246.WPD
Page 1
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
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\480-246.WPD
Page 2
Being a 5.63 acre tract of land situated in the Thomas Easter Survey, Abstract No.
474, being a portion of Tract 5 and more fully and completely described in Exhibit
"A" attached hereto and incorporated herein, from "AG" Agricultural District to "O-
1 " Office District.
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
or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
L:\CTYDOCS\ORD\CASES\480-246.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 1st reading the —L— day of ' 1997.
I Yl/:r` S) At
ATTEST:
L" � �X�
dTY SECRETARY
PASSED AND APPROVED on the 2nd reading the , I - day of , 1997.
C X&' (- z 0 "-
MAY 6R
L:\CTYDOCS\ORD\CASES\480-246.WPD
Page 4
ATTEST:
SECRET tITY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
(' as_ IJ
CITY ATTORNEY �/
L:\CTYDOCS\ORD\CASES\480-246.WPD
Page 5
E3FIIBIT "A"
BEGINNING at a fence corner being the Southwest corner of said tract and being by
deed call 1,095.6 feet East of the most westerly Southwest corner of said survey and flom
which said point a 5/8 inch iron pin by a set stoke bears West 4.0 feet.
THENCE North 00 degrees 14 minutes 00 seconds West along the West lhie of said
tract and the East line of a tract described in deeds in Volume 10335, Page 1036, and
Volume 9499, Page 760, 923.70 feet to the Northwest corner of the herein described
tract;
TUENCE South 70 degrees 58 minutes 06 seconds East, departing said West line 305.51
feet to the'l`tortheast corner of the herein.described tract;
THENCE South 09 degrees 23 minutes 57 seconds West 50.20 feet to a_point;
THENCF, South 00 degrees 14 minutes 00 seconds East 774,65 feet to the Southeast
corner of the herein described tract;
THENCE North 89 degrees 58 minutes 48 seconds West 290100 feet to the POINT OF
BEGINNING and containing 5.63 acres.
L:\CTYDOCS\ORD\CASES\480-246.WPD
Page 6
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FED. I.D. NU. 22-3148254
Star-Telegram AD ORDER NO. 11483594
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
STATE OF TEXAS
likty 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:
i DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
8/08ME 11483594 CITY OF SOUTHLAK I358 1x 73L 73 . 79 57 . 67
CITY OFSOUTHLAKE. 08/08-08/08
TEXAS
ORDINANCE NO.480-246
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS - - -
AMENDED THE CON{PRE-
• 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 5.63 ACRES
IN THE THOMAS EASTER
SURVEY ABSTRACT NO.
474, BEING A PORTION OF
TRACT 5,AND MORE FULLY
AND COMPLETELY DE-
SCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL N.
,..isk)..&r..N
STRICT TO "0-1" OFFICE
TRFIC SUBJECTJECT TM THE S I G N E
CIFIC REQUIREMENTS
TAINED IN THIS ORDI- - ----
NCE; CORRECTING THE
FFICIAL ZONING MAP;PRE-
S SERVINGIONS ALL OONING OR- + HIS THE 2lstDAY OF AUGUST 1997
DINANCE- DETERMINING ,A,, '
THAT THE PUBLIC INTER- ti:!-Y!'.�h
EST, MORALS AND GENET- 7 Bry4 RHONDA R. GOKE `l' �-V,C 8- -.
ZONINGFACHGES DEMAND THE AND f .r+s Notary Public �.. '-Q• 113.-&-k-L
-
AMENDMENTS HEREIN 4, �� COMMISSION EXPIRES
MADE- PROVIDING THAT rr"'. 10
THIS ORDINANCE SHALL BE t '.�{rE ....;oft, SEPTEMBER 8, 1999
CUMULATIVE OF ALL ORDF r I..a; TARRANT COUNTY,TEXAS
NANCES PROVIDING A SEV-
ERABILITY CLAUSE-PROVID-
ING FOR A PENALTY FOR VI-
OLATIONS HEREOF'
PROVIDING A SAVINGS!
CLAUSi1TIONOVIDING OFOFIR ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
CIAL NEWSPAPER- AND
PRDATEIDING AN EFFECTIVE —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A
— Section 7.Any person,firm or
corporation who violates,
disobeys,omits,neglects or
refuses to comply with or
who resist the enforcement
of any of the provisions of
Sthis ordinance shall be fined
not more than Two Thou-
sand Dollars 152 000.001 /ram
for each offense. Each day REMIT TO: PIP. 400 W.SEVENTH ST. •FORT WORTH.TEXAS 76102
that a violation is permitted
to exist shall constitute a
separate offense.
PASSED AND APPROVED ACCOUNT AMOUNT
MEETING HELD ON COUNCILUU NUMBER C I T 5 7 DUE 57 . 67
5,1997.
/WRick Stacy,Mayor
A I TEST: PAGE 1 O� 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 PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT 57 . 67
PLEASE WRITE IN AMOUNT ENCLOSED
rt_U. I.U. NU. •L•L-j14t52b4
Star-Telegram AD ORDER NO. 11286561
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO.
CIT57
STATE OF TEXAS
my of Tarrant
eefl
ore 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:
1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
7/04ME 11286561 NOTICE OF PUBLIC I358 1x 69L 69 . 79 54 . 51
NoTiNOTICE HEARING—' O7 4- 7/[]4
PUBLICS HEREBY GIVEN to
all intttyeyrested persons that
the
Southlake Texa of s,the
eol
holding a public hearing dur-
ing the Regular City Council
Meeting to be held on July
15,
Cityy C unciilChambe•rs the
the City Hall,667 North Car-
roll Avenue,Southlake,
Tex-
as.
Purpose of the hearing is to - -
consider
the f l0lowingC ordinance g
CITY OF SOUTHLAKE,TEXAS
— -- ORDINANCE NO.480-246
AN ORDINANCE AMENDING
ORDINANCE NO.480.AS
AMENDED.THE COMPRE-
HENSIVE ZONING ORDI-
NANCE SOUTHLAKETHE ECIXXAA OF
GRANTING A ZONING S
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTH
Sl PROXIMATELY56lNG AP-3ACRES >WORN TC>$ F RE ME, THIS THE 8Llt DAY OF
SITUATED IN THE T,AB-
'�'ds-.a.E /J�U L Y //'''�� l 9��i�
FASTER SURVEY,AB- i, i . , til \ p - C1
STRACT NO.474 BEING A {' i °.�^ Epp R. GOKE 1 1/L �,
PORTIONOFTRAdT55AND ,,as.P s� Notary Public N.
MORE FULLY AND COM- 4,,;: a U�'/'d.:tiljSION EXPIRES
I PLETELY DESCRIBED IN EX- £ i ...
HIBIT'A'FROM"AG"AGRI- C 'Pali•., . } S�'-'• . ,. p
CULTURAL DISTRICT TO"O- ihF�o -,E' i�Lit 8r 1
1"OFFICE DISTRICT; TARRANT COUNTY,TEXAS
SUBJECT TO THE SPECIFIC
REQUIREMENTS CON-
TAINED IN THIS ORDI-
NANCE;CORRECTING THE
OFFICIAL RVINGAZONING ALL OTHER OR- DRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
F SERVING
OF THE ZONING OR-
DINANCE:DETERMINING
THAT THE PUBLIC INTER- —TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
• EST,MORALS AND GENER- --------A
— AL WELFARE DEMAND THE
I ZONING CHANGES AND ND\ ^
ADE;PROVIDI HEREIN " p
MADE;PNANCE BE Ail,/
' THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES'PROVIDING A SEV-
t� ERABILITY CLAUSE'PROVID-
ING FOR AI PENHER OFOR VI- �� REMIT TO: ' 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
VI-
OLATIONS HEREOF
PROVIDING A SAVINGS
CLAUSE'PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPERL AND ACCOUNT AMOUNT
PROVIDINGDATE.AN EFFECTIVE NUMBER C I T 5 7 DUE 54 . 51
City of Southlake
Sandra L.LeGrand PAGE IF ANY QUESTIONS, PLEASE CALL(817)390-7885
City Secretary___ — 1
OF
IIICITY OF SOUTHLAKE _.._-._.._
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 54 . 51
1
PLEASE WRITE IN AMOUNT ENCLOSED