480-264CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-264
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 1.22 ACRES, LEGALLY DESCRIBED AS
TRACT 2A3A OF THE THOMAS EASTER SURVEY,
ABSTRACT NO. 474, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY
SERVICE DISTRICT 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, tire 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 Goverm'nent 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
WItEREAS, the hereinafter described property is currently zoned as "CS" Community
Service 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 Cit-y' 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
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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 or' 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 conse~'e 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 lbr 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-
cro,.~ding 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 lbund and determined that them 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
g()UTI-II,,&KE, 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 hcrcby amended so that the permitted uses in the hereinafter described areas be altered, changed
and amended as shown and described below:
Being approximately 1.22 acres, legally described as Tract 2A3A 6f the Thomas
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Easter Sorvey, Abstract No. 474, and more fully and completely described in
Exhibit "A" attached hereto and incorporated herein, from "CS" Community
Service District to "C-2" Local Retail Commercial District, and as depicted on the
approved Revised Site Plan for Georgetown Park, 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 alter 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 san~e 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 lined 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, b0{h civil and criminal, whether pending in court
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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 Southtake 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 heating 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 I st reading the 13 day of ~ 997.
PASSED AND APPROVED on the 2nd reading the ~ day of~, 1998.
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ATTEST:
EFFECTIVE: ~~ j / ¢ ~ f
APPROVED AS TO FORM AND LEGALITY:
C,TYATTOR~E~ W
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EXHIBIT "A"
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EXHIBIT "B"
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EXHIBIT "A"
Legal O~cripl~i~tl
BEING !.2 ac-es o~ !a~d situated in **be THOMAS EASTER SURVEY. Abstract No. 474,
Tarrant County. Texas and being ;bat same tract conveyed to Geor~etcw~ ~ontice~o
~ar;eers, Ltd. a~ recorded ie Cocnty C!erk's F:ie No. 0~97132158 and being more
~rt;c~[ar~y described a~ follows:
BEGINNING at a S/8 iech iron rod found in the south lice of E. South,ake 5vd. (F.M.
1709) at the northeast corner o f a tract conveyed to Georgetown ,Montlceilo
Partners. Ltd. as recorded i~ County Clerk's Fi!e No. 0196186656;
THENCE: S 7C°47'12'' E a!ong saidsou**h ~me' for a distance of 21.28 feet ;o a S/8 inch
THENCE; S 06'01'38" W alcrg saL4 west !ire and the west llre of a tract conveyed to
-_-miiy Si-a~lc'.im as recorded in Volume 87~8. Pa~e 747, Oecd Records, Tarrar, t County.
Texas for a dls r. aece sf 79!.91 feet to a 3/4 i~ch iron pipe found in ;he ~orth lire of a
tract cc<veyed to Roger Willlams as recorded in Volume 11862, Page iS85. Deed
,~eccrc~s. Tar-an~ County, Texas;
~FHENCE; 5 S~29'27'//a!cng said north '.ire fora dlstarce of 199.75 feet to a 5/8
THENCE: ~; C:?Q~:'06" ,V for a Xist~rce o f o m 'm ;~o- *~ - ,
- ~0. :~ .... >~ a ~/S nth !ro~ nod rourc~
~ENC~ N 8~32'29" E continuing along said 'ire for a distance o f ~,7~.96° .~_e** to a
5/5:rc~ iron rod fsced for corner;
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EXHIBIT "B"
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