480-270CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-270
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 3.021 ACRES, LEGALLY DESCRIBED AS
TRACT lA, W. E. MAYFIELD SUBDIVISION, BEING A
PORTION OF TRACT 1, W. E. MAYFIELD SUBDIVISION,
AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL 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, 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 changes should be granted or denied: safety of the motoring public and the pedestrians using
L: C ITYDOCS' ORD/CASES\480-270 WPD
Page I
the t~tcilities 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 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 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 approximately 3.021 acres, legally described as Tract IA, W.E. Mayfield
L 9 C ITYDOC S',O RD\CAS ES~480-270.WPD
Page 2
Subdivision, being a portion of Tract 1, W. E. Mayfield Subdivision, more fully
and completely described in Exhibit "A" attached hereto and incorporated herein,
from "AG" Agricultural District to "C-2" Local Retail Commercial 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 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 tLme of the effective date of this ordinance;
L:\C1TYDOCS~ORD\CASES\480-270 WPD
Page 3
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
ma.,,' 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.
and 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
day of¢~7, 1998.
ATTEST:
!
PASSED AND APPROVED on the 2nd reading the ~ day of ~,
1998.
L:\CITYDOCS\ORD\CASES\480-270.WPD
Page 4
ATTEST:
CITY SECRETARY
CITY ATTORNEY
L:\CITYDOC S\ORDXC ASES\480-270.WPD
Page 5
EXHIBIT "A"
L:\C1TYDOCS\ORD\CASES\480-270.WPD
Page 6
EXHIBIT "B"
L: XC ITYDOC S\ORD\C ASES\480-270.WPD
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EXHIBIT "A"
D~scription for a portion of Tract One, W. E. MAYFIELD SUBDMSION of a part of the
THOMAS EASTER and S. FREEMAN SURVEYS, City of Souflxlake, Tm-rant County,
Texas, according to the Plat Recorded in Volume 38842, Page 4, Plat Records, Tan-ant
County., Texas, and being that portion of Tract One descn'bed in a deed to RoY E. LEE AND
C?,aOLE A. 1.SE recorded in Volume 6t27, Page 545, Deed Records, Tan-ant County, Texas,
Save and Except that portion described in a deed to Tl~ STATE OF TEX,XS, recorded in Volume
9938, Page 1767, Deed Records, Tan-ant County, Texas, and being described as one tract by
metes and bounds as follows:
BEGENN1NG at an kon pipe found in the northerly line of Southlake Boulevard for the
southeast corner of said Tract One. and for the southeast comer of said Lee tract;
TI42ENCE North 72 degrees 28 minutes 22 seconds West a distance of 85.3'3 feet along the
northerly line of Southlake Boulevard and along the southerly lhte of said Tract One and the
southerly line of said Lee tract to a Texas Highway Department concrete monument £ound for
the most easterly comer of said State of Texas tract;
TI-tENCE North 70 degrees 47 minutes 07 seconds W~t a distance of 333.65 feet along the
northerly l/ne of Southlake Boulevard to a 1~" iron in set with ca
- p p marked, "AREA
SURb'E. FING" in the west line of said Lee tract for the northwest c, orner of said State of Texas
n-act;
'DIENCE North 01 degree 32 minutes 38 seconds East a distance of 290 52 feet to aa iron
pipe found for the north'vest comer of said Lee tract;
TIqENCE South 88 degrees 20 minutes 22 seconds East a dis ance of 352.92 feet to a 1/2"
kon pin set with cap marked. "APd/'A St. IRk'EYING" in the east line of said Tract One for the
northeast comer of said Lee tract, fi.om which a t/2" iron pin found bears 7.4 feet, North 01
degree 49 rninutes East;
THENCE South 0l degree 00 minutes 22 seconds East a d stance of 4.85 feet to a 1/2" iron
pin set with cap marked," , · - ·
AREA SURgEYL;G for an angle point of said Tract One and of
said Lee ~act;
TIqENCE South 04 degrees 58 nm:,nes 22 seconds East a distance of 412.40 feet along the
cast line of said Tract One to the POINT OF BEGINNING, said described tract containing
3 021 acres of land
EXHIBIT "B'
EXHIBIT B
Star-Telegrain FED. I.D. NO. 22 3148254
AD ORDER NO. 12773523
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 TOTAL INCH/LINE RATE AMOUNT
4/10ME 12773523 CITY OF SOUTHLAK I358 1x 76L 76 QUOTE 61 . 56
— CITY OF 04/1D--04/10
SOUTHLAKE TEXAS
ORDINANCE Nd.480-270
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 AP-
PROXIMATELY 3.021
ACRES LEGALLY DE-
SCRIBED AS TRACT 1A,
W.EMAYFIELD
BEING AOR
TRACT 1, W.E. MAYFIELD
SUBDIVISION, AND MORE •
FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A"
20M "AG" AGRICULTURAL
(STRICT TO "C-2" LOCAL SIG
ETAIL COMMERCIAL DIS-
iICT SUBJECT TO THE
SPECIFIC REQUIREMENTS �p��
S NANCE; CORRECTINGOTHE SWC1Rl�l THIS THE 13th DAY OF APRIL 1998
OFFICIAL ZONING MAP;PRE- ... F,,,r
SERVING ALLH ZONINGOTHNR RDI- . -� ` ( `�
N NC ' THEDETERMINING .•A, RHONDA R. GOKE ` �� A "`+,�'/
THAT INTER-
I Notary Public
THAT tHE PUBLIC INTER- ;,.; COMMISSION EXPIRES
EST,MORAL AND GENERAL •', :,p
WELFARE DEMAND THE , '',,: tp
ZONING CHANGES AND • h,�E`-•'F•� oEPTEMBER 8, 1999
AMENDMENTS HEREIN t ..•- TARRANT COUNTY,TEXAS
MADE' PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
ERABILI1Y CLAUSE'PROVID-
ING FOR A ONA PENAL HEFR VI-REOF- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
OLPROVIDING A SAVINGS
CLAUSE; PROVIDING FOR TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
PUBLICATION IN THE OFF(- ------A-- CIAL NEWSPAPER,*AND PRO-
VIDING AN EFFECTIVE DATE.
Section 7.Any person,firm or
corporation who violates,
disobeys,omits,neglects or
Srefuses to comply with or OFFICE OF
who resists the ernforcement
I of
this
any in the shall befi 0) ram \
this ordinance shall fined '1
mDolla san(Two
2 00 Thou-
sand ) CITY SECRETA Y REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
for each offense. Each day
that a violation is permitted
to exist shall constitute a ACCOUNT AMOUNT
separate offense. NUMBER C I T 5 7 DUE 61 . 56
PASSED AND APPROVED ON
THE 7TH DAY OF APRIL,
1998 DURING THE REGU-
LAR CITY COUNCIL MEET- PAGE, OF IF ANY QUESTIONS, PLEASE CALL(817)390-7885
ING. JI
MAYOR RICK STACY
ATTEST: SANDRA L. LEG-
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR,JR.,
,CITY ATTORNEY
CITY OF SOUTHLAKE
66? N CARROLL AVE PLEASE PAY
SOUTHLAKE, TX 76092-9595 THIS AMOUNT 61 . 56
PLEASE WRITE IN AMOUNT ENCLOSED