480-280CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -280
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 8.404 ACRES SITUATED IN THE SAMUEL
FREEMAN SURVEY, ABSTRACT NO. 525 AND BEING TRACT
5A1, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO
"SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT AS
DEPICTED ON THE APPROVED CONCEPT PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS
EXHIBIT "B ", 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
G: \ORMZONI NG \480.145
Page I
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 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
G: \ORD \ZONING \480.145
Page 2
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 8.404 acres situated in the Samuel Freeman Survey, Abstract
No. 525 and being Tract 5A1, and more fully and completely described in Exhibit
"A" attached hereto and incorporated herein, from "AG" Agricultural District to
"SF -20A" Single Family Residential 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
G: \ORMZONI NG \480.145
Page 3
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 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 s� day of O IUI;Klo' � , 1998.
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PASSED AND APPROVED on the 2nd reading the day of , 1998.
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G: \ORD \ZONING \480.145
Page 4
AvAd"Wall
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: quu I i 1 /11 4
EFFECTIVE: Q 0 1AV 1 g 0
G:\0RD\Z0NlNG\480.145
Page 5
EXHIBIT "A"
ADDRESS 1029 N. Kimball Avenue, SOUTHLAKE, Texas.
LEGAL - The following described tract or parcel of land situated in the
S, FREEMAN SURVEY, A--525, Tarrant County, Texas, and being the same tract
as recorded on Page 69 of Volume 6484, in the Tarrant County Deed Records
and being more particularly described as follows
BEGINNING at a found 112 inch steel rod at the Southeast corner of said
tract as recorded on Page 69 of Volume 6484 in the Tarrant County Deed
Records and being the Northeast corner of an 8.0 acre tract as conveyed
to Carl Patterson by deed recorded on Page 83 of Volume 7568 in the
Tarrant County Deed Records!
THENCE West, at a distance of 617.5 feet a found 3/4 inch pipe in the
East line in Kimball Road, a total distance of 638.05 feet to the
centerline of said. Kimball Road, THENCE North 00 degrees 26 minutes 52
seconds East along the centerline of said Kimball Road a distance of
595.73 feet to a P.K. nail sett
THENCE South 85 degrees 27 minutes 09 seconds East, a distance of 648.68
feet to an 'X' cut in concrete3
THENCE South 01 degrees 31 minutes 48 seconds West, at a distance of
43.55 feet a fence post, a total distance of 445.29 feet to a found 112
inch steel rods
THENCE South 00 degrees 46 minutes 51 seconds West, a distance of 99.15
feet to place of beginning, containing 8.404 acres or 366,073 square feet
of land with approximately 0.851 acre or 37.087 square feet being
occupied. by said Kimball Road and Shady Lane, leaving a net acreage of
7.553 acres or 328,986 square feet of land.
NOTES
(1)I According to Flood Insurance Rate Map, dated August 2, 1995,
SOUTHLAKE, Texas,Community No. 480612H, this property IS NOT In a Flood
Hazard Area. (Property is in Zone X)
G: \ORMZONING \480.145
Page 6
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Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 13106553
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5?
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
NCH/LINE RATE AMOUNT
6/05ME 13106553 NOTICE OF PUBLIC I358 1x 85L 85 . 81 68 . 85
I city Council of the City of __0 6/0 5-0 6/0 5
Southlake. will be holding a
ppublic hearing during the
Rgular City Council meetingg
toe be held on June 16,1998
at 6:00 p.m., in the City
Council Chambers of City
Hall, 667 North Carroll Ave-
nue,Southlake,Texas.
Purpose of the hearing is to
--- consider the second reading
of
CIIITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-280
I AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
IAMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
SOUTHLAKE, TEXAS-
GRANTING A ZONING
CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
'"IlTHIN THE CITY OF SOUTH-
AKE, TEXAS BEING AP- S C- C
'ROXIMATELY 8.404 ACRES
,ITUATED IN THE SAMUEL
REEMAN SURVEY AB-
S NG TRACT 5A1,AND MORE IIN TO BEFORE ME, THIS THE 10th DAY OF JUNE , 1998
FULLY AND COMPLETELY „qs`
DESCRIBED IN EXHIBIT "A° -:,ASY.(.vh,
FROM "AG' AGRICULTURAL ••S'1�+ JANE A. DERBY
DISTRICT TO "SF-20A" SIN- •0r Notary Publl (2,
GLE FAMILY RESIDENTIAL t•% COMMISSION EXPIRES
DISTRICT AS DEPICTED ON :,�
THE APPROVED CONCEPT •',vie,
�•. P MARCH 2 1999
PLAN ATTACHED HERETO r••-•..°••'+:
AND INCORPORATED HERE- l,��\\ ,v=' ' TARRANT COUNTY,TEXAS
IN AS EXHIBIT"B',SUBJECT
TO THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP'
PPRESERVING ORTIONS OF THE ZOONING ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ORDINANCE; DETERMINING
EST, THE PUBLIC INTER- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
ELT, LARLS AND GENER- . �\
— AL WELFARE DEMAND THE -� - ---
ZONING CHANGES AND
AMENDMENTS HEREIN
MADE; PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES PROVIDING A SEV-
ERABILITY CLAUSE PROVID-
1 ING FOR A PENALTY FOR VI-
rain
OLATIONS HEREOF REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR OFFICE OF
,
PUBLICATION IN THE OFFI-
CIAL /7
NEWSPAPER AND PRO- CITY SECRETARY ACCOUNT AMOUNT 68 . 85
VIDING AN EFFECTIVE DATE. NUMBER C I T 5 7 DUE
Section 7.Any person,firm or
corporation who violates,
disobeys,omits,neglects or
refuses to comply with or PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
who resists the enforcement
of any of the provisions of
this ordinance shall be fined
not more than Two Thou--
sand Dollars ($2 000.001
for each offense. Each day
that a violation is permitted
to exist shall constitute a
separate offense-
Sandra L.LeGrand
City Secretary
City of Southlake
CITY OF SOUTHLAKE
• 667 N CARROLL AVE PLEASE PAY ii
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 68 " 85
1
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I D NO. 22 3148254
AD ORDER NO. 1318 4 6 8 6
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
Junty of Tarrant
Before me, a Notary Public in and for said County an State, this day
personally appeared 1'1 rn . (( Jre- c`-_ 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 TINTOOTANE RATE AMOUNT
6/19MEI13184686jCITY OF SOUTHLAK I358 1x 78L 78 . 81 63 . 18
CITY OF 06/19-06/19
SOUTHLAKE TEXAS
ORDINANCE NO.480-280
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 8.404 ACRES
SITUATED IN THE SAMUEL
FREEMAN SURVEY, AB-
STRACT NO. 525 AND BE-
ING TRACT 5A1,AND MORE
FULLY AND COMPLETELY '
DESCRIBED IN EXHIBIT "A"
FROM 'AG" AGRICULTURAL
DISTRICT TO SF-20A" SIN-
GLE FAMILY RESIDENTIAL
'STRICT AS DEPICTED ON r
E APPROVED CONCEPT S I y I�I E D 4.—Q •
D ATTACHED HERETO
HERE- N`_J\
D INCORPORATED HERE-
TOIN THES EXHIBIT'Er, SUBJECT ) SWORN TO BEFORE ME, THIS THE��DAY OF / C'f
TO SPECIFIC REtUIRE-
MENTS CONTAINED I THIS
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP;
E ALL OTHER `a ��'�`h otary Public ' '1�rn PORTIONS PRESERVING THE ZONING -I Y"•�'N
ORDINANCE; DETERMINING ;:: i •'-.,�y RHONDA R. GOKE
THAT THE PUBLIC INTER- i
EST, MORALS AND GENER- t�? '•t COMMISSION EXPIRES
AL WELFARE DEMAND THE ,`t•., j.N fSEPTEMBER819
ZONING CHANGES ANDTARRANT COUNTY.TEXAS
AMENDMENTS HEREIN
MADE' PROVIDING THAT ..
THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDI-
NANCES; V-
ERABILITYCLAUSE-PROVID- IS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ING FOR A PENALTY FOR VI-
OLATIONSI A SAVINGS` TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
_ CLAUSE; PROVIDING FOR �� ��
PUBLICATION IN THE OFFI- -
CIAL NEWSPAPER'AND PRO-
VIDING AN EFFECTIVE DATE.
Section 7.Any person,firm or
corporation who violates,
çdisobeys,omits,ply ts or � '�� OF
refuses to comply with or
who resists the enforcement nt \
of any of the provisions of Ograin CITY SECRETARY
be this ordinance shall be fined. REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
not more than Two Thou-'
sand Dollars ($2 000.00)
foreach offense. peck day
that a violation is permitted ACCOUNT C IT 5 7 AMOUNT 6 3 . 18
to exist shall constitute a NUMBER DUE
separate offense.
PASSED AND APPROVED ON
THE 16th DAY OF JUNE, IF ANY QUESTIONS, PLEASE CALL(817)390-7885
L1
COUNCIL MEET- O�j DURING THE R PAGE1
ING.
MAYOR RICK STACY
ATTEST: SANDRA L. LEG-
RAND
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR,JR.,
CITY ATTr1FNFY
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY '
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 63 . 18
1
PLEASE WRITE IN AMOUNT ENCLOSED