480-289CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-289
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED. THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE. TEXAS; GRANTING A ZONING
CtlANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
LEGALLY DESCRIBED AS LOT 2, CASH ACRES ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY. TEXAS, ACCORDING TO THE PLAT RECORDED 1N
VOLUME 388-114, PAGE 612, PLAT RECORDS, TARRANT
COUNTY, TEXAS, AND TRACT 3F SITUATED IN THE HIRAM
GRANBERRY SURVEY, ABSTRACT NO. 581, AND BEING
APPROXIMATELY 5.7295 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY
RESIDENTIAL 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 Charier
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 lbr 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 thc City's Comprehensive Zoning Ordinance; and
Page I
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
W}IEREAS, 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
t:acilities 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
thc general v, elfare; 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,
Wt IEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability lbr 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
'M~o 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 necessit.~ and need tbr the changes in zoning and has also lbund and determined that there has been
a change in thc conditions of the property surrounding and in close proximity to the tract or tracts
0f land requested for a chm~ge since the tract or tracts of/and were originally classified and therefore
l'cels 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, TItEREFORE, 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 South lake. 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 Lot 2. Cash Acres Addition, an addition to the City of Southlake, Tarrant
County, Texas, according to the plat recorded in Volume 388-114, Page 612, Plat
Records, Tan'ant County, Texas, and Tract 3F situated in the Hiram Granberry
Survey, Abstract No. 581, and being approximately 5.7295 acres, and more fully and
completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A"
Single Family Residential 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 fbr 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. ]'hat 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
excepl in those instances where provisions of those ordinances are in direct conflict xvith the
pro¥isions 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
o l' the balance of said tract or tracts of land described herein.
Section 7. Any person, firm or corporation who violates, disobeys, omits, neglects or
rethses 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 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 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 1st reading the / day of.~1998.
M~OR
ATTEST:
CITY SECRETARY
Page 4
PASSED AND APPROVED on the 2nd reading the /3'"' day of/~~98.
~ 0u /'IL,,* v~
%-. ............ .-~.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EFFECTIVE:
t (ITYDOCS',ORD/CASES\480 289 WpD
Page 5
EXHIBIT "A"
ALL that certain tract or parcel of land situated in the H. GRANBERRY,
ABSTRACT No. 581, Tarrant County, Texas and being Lot 2, Cash Acres, an
Addition to the City of South[ake, Tarrant County, Texas as recorded in
Volume 388-114, Page 611, Plat Records, Tarrant County, Texas and
containing a portion of the tract described in the deed to Aubrey L.
Smith and wife, Rosa Lee Smith as recorded in Volume 5050, Page 908,
Deed Records, Tarrant County, Texas and including a portion of
right-of-way dedication per Volume 388-114, Pm~ff 611 of said Plat
Records abandoned by the City of Southlake, ~ ~ ?OZ om ~/~{{f
and being more particularly described by metes and bounds as fQllows;
BEGINNING at a 1/2 inch steel rod found for the northeast corner of Lot
4R2, Aubrey Estates, an Addition to the City of Southlake, Tarrant
County, Texas as recorded in Cabinet A, Slide 3546 of said Plat
Records;
THENCE North 76 degrees 53 minutes 00 seconds East, 114.20 feet to a
1/2 inch steel rod found;
THENCE North 11 degrees 24 minutes O0 seconds West, passing the
southwest corner of said Lot 2 at 208.60 feet, continuing with the
westerly boundary line of same a total distance of 433.62 feet to the
northwest corner of said right-of-way abandonment of White Chapel Road;
?HENCE North 50 degrees 34 minutes O0 seconds East with the
northwesterly line of said right-of-way abandonment, 69.24 feet to a
1/2 inch capped steel rod stamped "MOAK SURV INC" found for the
beginning of a curve to the left;
THENCE northeasterly continuing with said northwesterly line and said
cur'ze to the left having a radius of 1230.24 feet, a central angle of
09 degrees 37 minutes 14 seconds, an arc length of 206.57 feet and a
ions chord of North 45 degrees 45 minutes 23 seconds East at 206.33
:eet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for
the northeast corner of said right-of-way abandonment;
THENCE South 08 degrees 26 minutes 50 seconds East, passing th~
northeast corner of said Lot 2 at 12.28 feet and continuing with the
easterly boundary line of same a total distance of 383.75 feet to a I/2
znch capped steel rod stamped "MOAK SURV INC" found for the southeast
corner of said Lot 2 and being the southwest corner of Lot 1 of said
Cash Acres;
THENCE North 82 degrees 16 minutes 20 seconds East-with the southerly
boundary line of said Lot I a distance of 232.57 feet to a 1/2 inch
capped steel rod stamped "MOAK SURV INC" found for the northeast corner
of said Smith tract and being in Pine Drive;
THENCE South 00 degrees 56 minutes 16 seconds West with the easterly
boundary line of said Smith tract, 427.31 feet to a l/2 ~nch capped
steeI rod stamped "~tOAK SURV INC" found;
THENCE South g8 degrees 52 minutes 15 seconds West with the southert7
boundary line of same, 509.00 feet to a 1/2 inch steel rod found in the
easrerly boundary line of said Lot 4R2 of Aubrey Estates;
THENCE North O0 degrees 53 minutes O0 seconds East with said easterl7
boundary line, 146~70 feet to the place of beginning and containing
5.7295 acres of land, more or less.
Page
/
/
\
TR.3C
13.1 1 Ac
TR 3L
8.31 AC
4
"AG"
BAIRD TRUST
TR 3N2 'SF-1A'
7.5 0 _~ W. BAIRD
TR 5K
2.5 AC
_~ R. MALONE
R. MALONE
~' ~'OLL~
F. GIRDNER
"SF-1A"
M."~'~
!THOMPSON
3
2.461 ~ (~
1.0 AC .-~
~H 1.0 AC ·
~, 30
A. SMITH
"SF-1 A"
H. KOVARNIK
2
"SF-1A"
PINE ACRES C'
M. MCCLEMORE
3 ~ TR 381
1.0 AC
A~)JACENT OWNERS
AND ZONING
"CS"
0
'l-
itl
c-
J. PETTENGIL
A. WEST . WE
P. WEST
G. NIEMIROWSKI
-"SF-1A" '
P. GOETZ ~
PINE
TR 2A ~
§ TR 2B 1
4.0 AC
Star-Telegram FED. I D. NO. 22-3148254
AD ORDER NO. 13737421
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
TIE STATE OF TEXAS
)unty of Tarrant
Before me, a Notary Public in and for said County and State, this day
Tammie Bryant
personally appeared 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/LNE RATE AMOUNT
9/18ME 13737421 CITY OF SOUTHLAK I358 1x 83L 83 . 81 67 . 23
I CITY OF SOUTHLAKE, 0 9/18-0 9/18
TXAS
ORDINANCE NO.480-289
AN ORDINANCE AMENDING
48 AS
AMENDED,E HOE. COMPRE
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF
RATEZNGGNING A TEXAS,-
GRANTING
CHANGE ON A CERTAIN
_---- TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTH-
LAKE TEXAS BEING LEGAL-
LY DESCRIBED AS LOT 2,
CASH ACRES ADDITION AN i
ADDITION TO THE CITY OF
COUNTY KTEXAS ACCORD-
ING TO COUNTY,
PLAT RECORD-
ED IN VOLUME 388.114,
PAGE 612,PLAT RECORDS, t
TARRANT COUNTY, TEXAS
AND TRACT 3F SITUATED IN
THE HIRAM GRANBERRY
SURVEY, ABSTRACT NO.581, XI- SI
MATE AND BEING 5.7 95 AACRES,
AND MORE FULLY AND COM-
PLETELYDESCRIBED IN EX-
SI CHIBITuAL ROSMR1cGTo SFI-SWORN FO BEFORE ME, THIS THE DAY OF
1A" SINGLE FAMILY
RESIDENTIAL DISTRICT,
SUBJECT TO THE SPECIFIC Of
PGyI
REQUIREMENTS CON- I - r e' Notary Public L-Q.kicYkaLL. V. ---gjEL
TAINED IN THIS ORDI- O;° 1 •••�,, RHONDA R. GOKE
NANCE;I CORRECTINGING MP THE ' 5 COMMISSION EXPIRES
OFFICIAL ZONING MAP;PRE- # )
SERVING ALL OTHER RDI- �"• /� 'hj SEP�M 8 1999
TIONS OF THE ZONING ORD4 >,-- •+�= TARRANT COUNTY,TEXAS
NANCE- DETERMINING ���f-•"'i�= r
THAT THE PUBLIC INTER- f�— ^
EST, MORALS AND GENER-
AL WELFARE DEMAND THE
ZONINGCHANGES AND ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU
AMENDMENTS HEREIN I
MADE- PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVEE ODING A SEv-.—TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�*
PROVID-
ING BFOR A P NALTY FOR VI-
OLATIONS HEREOF-
PROVIDING A SAVINGS
t
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER-AND PRO-
VIDING AN EFFECTIVE DATE. ram
Section 7.Any person,firm or
corporation who violates, REMIT TO: ► 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
disobeys,omits,neglects or
refuses to comply
with or
who resists the enforcement
of any of the provisions of ACCOUNT C I T 57 AMOUNT 6 7 . 23
this ordinance shall be fined NUMBER DUE
not more than Two Thou-
sand Dollars ($2 000.00)
for each offense. Each day
that a violation is permitted PAGE I 01
IF ANY QUESTIONS, PLEASE CALL(817)390-7885
to exist shall constitute a
separate offense.
PASSED AND APPROVED ON
THE 15th DAY OF SEPTEM-
BER 1998, DURING THE
REGULAR CITY COUNCIL
MEETING.
MAYOR RICK STACY
ATTEST: SANDRA L. LEG-
RAND,CITY SECRETARY
APPROVED AS TO FORM: E.
ALLEN TAYLOR JR.,CITY AT-
TORNEY
CITY OF SOUTHLAKE 1
667 N CARROLL AVE PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 67 . 23
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 13656271
400 W.SEVENTH STREET.FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
v
OSTATE OF TEXAS
nty of Tarrant
Before me, a Notary Public in and for said County and State, this day
Tammie Bryant
personally appeared 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
9/04MEr13656271 NOTICE OF PUBLIC I358 1x 91L 91 . 81 73 . 71
NOTICE OFINGBLIC 0 9/0 4-0 9/0 4
Notice is hereby given to all in-
terested persons that the
City Council of the City of
Southlake, will be holding a
- - public hearing during the - ---- - -- - ---
fegular City Council meeting,8
to be held on September 15,
1998 at 6:00 p.m., in the
City Council Chambers of
City Hall 667 North Carroll
Avenue,Southlake,Texas.
Purpose of the hearing is to
consider the second reading
— of the following ordinance.
CITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-289
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS - - -
AMENDED, THE CON{PRE-
HENSIVE ZONING ORDI-
NCE OF THE CITY OF I C
NTING E, A ZONING \-
NGE ON A CERTAIN SIG
CT OR TRACTS OF LAND
•
ITHIN THE CITY OF SOUTH-
LAKE TEXAS BEING LEGAL- 8th SEPTEMBER 1998
S CASHHACR SADDTIONTAFI SWORN TO BEFORE ME THIS THE DAY O
ADDITION E THE OF /1
SODITION E TARRANT N`n ( ,`L//J
COUNTY TEXAS ACCORD- tt it , .cbll JANE A. DERBY ACCORD-
ING TO THE PLAT RECORD- P 3 `II
ED IN VOLUME 388-114, �� Notary Public
PAGE 612,PLAT RECORDS, —, 1.0 COMMISSION EXPIRES
ANRRANT COUNTY, TEXAS, ) MARCH 2 1999
AND TRACT 3F SITUATED IN �� •......••'
THE HIRAM GRANBERRY r RRANT COUNTY,TEXAS
SURVEY, ABSTRACT NO.
581, AND BEING APPROXI-
MATELY 5.7295 ACRES,
AND MORE FULLY AND COM-
PLETELY DESCRIBED IN EX-
HIBIT "A" FROM "AG" AGRI- ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
CULTURAL DISTRICT TO'SF-
1A" SINGLE FAMILY
RESIDENTIAL DISTRICT — TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
REOUI EMENTS E SPECON ------..ATAINED IN THIS ORDI-
NANCE; CORRECTING THE
OFFICIAL ZONING MAP;PRE-
SERVING ALL OTHER POR-
TIONS OF THE ZONING ORDI-
S1NANCE DETERMINING
THAT THE PUBLIC INTER- rainREMIT ,EST, MORALS AND GENER-
AL WELFARE DEMMAND THE TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
ZONING CHANGES AND
AMENDMENTS HEREIN
MADE PROVIDING THAT
THIS ORDINANCE SHALL BE ACCOUNT AMOUNT
CUMULATIVE OF ALL ORDI- NUMBER C I T 5 7 DUE 73 . 71
NANCES-PROVIDING A SEV-
ERABILITY CLAUSE PROVID-
ING FOR A PENALTY FOR VI-
OLATIONSDING A HEREOF- PAGE I Oil IF ANY QUESTIONS, PLEASE CALL(817)390-7885
PRINGS
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER'AND PRO-'
VIDING AN EFFECTIVE DATE.
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 Thou-
sand Dollars ($2 000.00)
for each offense. Each day
that a violation is permitted : S O U T H L A K E
to exist shall constitute a
separate offense.
Sandra L.LeGrand A R R O L L A V E PLEASE PAY
City Secretary CiN of Southlak` ..AKE 1 TX 76092-9595 THIS AMOUNT 73 . 71
PLEASE WRITE IN AMOUNT ENCLOSED