480-298CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-298
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
LEGALLY DESCRIBED AS THE NORTHERN PORTION OF
TRACT lB1, SITUATED IN THE T. J. THOMPSON SURVEY,
ABSTRACT NO. 1502, AND BEING APPROXIMATELY 0.55
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "C-2" LOCAL RETAIL
COMMERCIAL DISTRICT AS DEPICTED ON THE
APPROVED SITE 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
SEVERABILIIY 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 bv 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
authorit.x to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land fi)r 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 x~c-ll"are, 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 the
thcilities 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;
adeqnacy of parking as determined by requirements of this ordinance [hr 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
~ther things the character of the districts and their peculiar suitability for particular uses and the view
Pagt' 2
to conserve the value of the buildings, and encourage the most appropriate use of the land throughout
this Git>,: 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 thc amendments, and that the zoning changes do not unreasonably invade the rights of those
,,~ ho 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 safe~ 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 lbr the changes in zoning and has also ~bund 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 Ibc. and are in the best interest of the public at large, the citizens of the city of Southlake,
Texas. and helps protnote the general health, safety and welfhre of the community.
NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
Page 3
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
I'exas, 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 the northern portion of Tract 1B 1, situated in the T. J. Thompson Survey,
Abstract No. 1502, and being approximately 0.55 acres, and more fully and
completely described in Exhibit "A" from "AG" Agricultural District to "C-2" Local
Retail Commercial District as depicted on the approved Site 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
suhiect 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
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
/ CI IYDt)CS'ORD\CASES'4g0 298 WPD
streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue
concentration of population; and to thcilitate the adequate provision of transportation, water,
sewerage, drainage and surface water, parks and other commercial needs and development of the
community. The5 have been made after a full and complete bearing with reasonable consideration
arnong 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 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 with/n 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 (~J~, 1999.
MA~6R ~
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
__ day offS, 1999.
ATTEST:
APPROVED AS FO FORM AND LEGALITY:
C H~Y~A'TTO RN Ey
EXHIBIT "A"
DE]NC A TRACT OF LAND OUT OF' THE T~J. THOMPSON SURVEY. A~STRACT NO. 1502, TARRANT COUNTY, TEXAS. AND BEING
A PORTION OF A TRACT OF LAND AS OESCRIBED IN DEED RECORDED IN ;~)LUME ~589, PA~E ~27. DEED RECORDS.
TA~J~JflT COUNTY, TEXt, ANO BEING DESCRIBED AS FOLLOW~:
BEGINNING AT A POINT LOCATED IN THE ~ R.O.W. UNE OF- ~AVlB BOULEVARD, FOR THE SOLJTHWEST CORNER OF
TRA~T BEING DESCRIBED, SAiD POINT BEING LOCATED 281.01 FEET NORTH O0 DEGREES 22 MINUTES O0 SECONDS WEST
FRGM THE SOUTHEAb-T CORNER OF S~dD TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 6589, PAGE 527;
THENCE NORTH O0 DEGREES 22 MINUTES O0 SECONDS EAST 109.50 FEET ALONG THE EAST R.O.W. LINE OF OAV1S
BOULEVARD TO THE NORTHWEST CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 88 DEGREES lB MINUTES O0 SECONDS FAST 215.11 FEET TO THE NORTHEAST CORNER OF TRACT
B~ING OESCRIBED;
THENCE SOUTH k~O OECREEB 21 MINUTES O0 SECONOS FAST 113.73 FEET TO THE SOUTHEAST CORNER OF TRACT
BE64C DESCRIBED;
THENCE SOUTH 89 DEGREES 25 MINUTES 57 SECON[~ WEST 215.02 TO THE POINT 0~' BEGINNING AND CONTAJNINC
2400~.55 SQUARE FEET OF LAND, MORE OR LESS
EXHIBIT "B"
i
Z
~R
.98 AC
TR lB
.586 AC
TR 184
1.03 AC
4
GREENWOOD DR
I--
Z
LU 2
~ ~ "C-3"
MIRAGE CARWASH LTD.
1R
2
4R
3
4R
2
K. HARLAN
R. WOODS "AG"
~"AG" ~
TR 5A
11.27 AC
ADJACENT OWNERS
TR 1B1A1
3.0 AC
,34
33
?R.PA[
TRACT MAP
Star-Telegrani. FED. I.D. N . 22-3148254 14 419 8 21
AD ORDER NO.
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
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. 1 DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
1/22ME 14419821 NOTICE OF PUBLIC I358 1x 89L 89 QUOTE 72 . 09
NOTICE OF PUBLIC i 01/2 2-01/L E
-- HEARING _.
-
NOTICE IS HEREBY GIVEN ....__...._�_-.-..._..
to all interested persons that
the City Council of the City of
Southlake, Texas, will be
__. holding a public hearing dur-
ing the Regular City Council
Meeting to be held on Febru-
ary 2, 1999 at 6:OGp m.in
__.. the City Council I'^iarnbers
of City Hall, 667 North Car-
roll Avenue. Southlake, Tex-
as.
Purpose of the hearing is to
--. consider the second reading - -of the followin ordinance:
CITY OF��SHLAKE,
ORDINANCE NO.480-298
AN ORDINANCE AMENDING
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF (�
OUTHLAKE, TEXAS' \fa
RANTING A ZONING`
RANGE ON A CERTAIN 25th JANUARY 1999
3ACT OR TRACTS OF LAND
S LWAIITCEINEXAS EING LEGAL- SWORN TO BEFORE ME, THIS THE DAY OF
LY DESCRIBED AS THE � .n'
NORTHERN PORTION OF ° 1 ` C�
TRACT 181, SITUATED IN �*`S �� Notary Public
THE VEY T.J. TACT NO.
502, R111 P.,c�'I
AND ABSTRACT NO 1502, vc'II/ RHONDA R. GOKE AND BEING APPROXIMATE-
LY ?. _ r
0.5 AND MORE •r �% COFIiMISSION EXPIRES
FULLY AND COMPLETELY t
DESCRIBED IN EXHIBIT 'A" S/v' „ .45 f
' SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS
h
FROM AG' AGRICULTURAL 'V'
DISTRICT TO C-2' LOCAL 4h0,' p'i`_r '
RETAIL COMMERCIAL. DIS-
• TRICT AS DEPICTED ON THE
APPROVED SITE PLAN AT-
CORPORATEDEHEREIN 1AN8 IS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
EXHIBIT "B" SUBJECT TO
THE SPECIFIC REQUIRE-
MENTS CONTAINED IN THIS k-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----*
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER
PORTIONS OF THE ZONING
ORDINANCE; DETERMINING
THAT THE PUBLIC INTER-
EST, MORALS AND GENER-1
AL WELFARE DEMAND THE
ZONING CHANGES AND�gram
AMENDMENTS REMIT TO: , 400 W. SEVENTH ST. •FORT WORTH,TEXAS 76102
MADE' PROVIDING THAT I
CUMULATIV OF ALL
THIS ORDINANCE SHALLALL BE BE
NANC S-PROVIDING A SEDV- ACCOUNT C I T 57 AMOUNT 72 . 09
ERABILITY CLAUSE;PROVID-, NUMBER DUE
ING FOR A PENALTY FOR VI-
PROVID POLATIONROVIDING A SAVINGS -
CLAUSE; PROVIDING FOR PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
PUBLICATION IN THE OFFI-
VID G AN EFFECTIVE ECTIVE DATE,
SECTION 7.
Any person, firm or corpora-
tion who violates, disobeys,
omits, neglects or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not /
more than Twig Thousand
Dollars ($2,000.00) for
each offense.Each day that
- nation is permitted to ex-
>hall constitute a sepa- OF S O U T H L A K E
offense.
f ]
aanaaL.LeGand 'N CARROLL AVE
PLEASE PAY 72 . 09
City Secretary ,.1vu I'HLAKE _, TX 76092-9595 THIS AMOUNT ,
PLEASE WRITE IN AMOUNT ENCLOSED
Star-Telegram FED' I.D. NO. 22-3148254
AD ORDER NO. 14506264
•
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
T' 'E 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:
rDATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
2/05ME 14506264 • CITY OF SOUTHLAK I358 1x 80L 80 QUOTE 64 . 80
CITY OF soutNLAXE. 0 2/0 5-0 2/0 5
TEXAS
ORDINANCE NO.480-298
AN ORDINANCE AMENDING OLATIONS HEREOF;PROVID-
ORDINANCE NO. 480 AS ING A SAVINGS CLAUSE;
AMENDED, THE COIsIPRE- PROVIDING FOR PUBLICA-
HENSIVE ZONING ORDI- TION IN THE OFFICIAL NEWS- --- -- --- ---
NANCE OF THE CITY OF PAPER-AND PROVIDING AN
SOUTHLAKE, TEXAS- EFFEC1IVE DATE.
GRANTING A ZONING SECTION 7.
CHANGE ON A CERTAIN Any person, firm or corpora-
TRACT OR TRACTS OF LAND ton who violates, disobeys, - - -
WITHIN THE CITY OF SOUTH- omits. neglects or refuses
LAKE TEXAS BEING LEGAL- to comply with or who re-
LY DESCRIBED AS THE sists the enforcement of any
NORTHERN PORTION OF of the provisions of this ordi-
TRACT IBl, SITUATED IN' nance shall be fined not
THE T.J. THOMPSON SUR- more than Two Thousand
VEY, ABSTRACT NO. 1502, Dollars 152,000.001 for
AND BEING APPROXIMATE- each otfense.Each day that
LY 0.55 ACRES,AND MORE a violation is permitted to ex-
FULLY AND COMPLETELY ist shall constitute a sepa-
DESCRIBED IN EXHIBIT A' rate offense. `\
FROM 'AG' AGRICULTURAL PASSED AND APPROVED ON
DISTRICT TO "C-2' LOCAL THE 2ND DAY OF FEBRU-
RETAIL COMMERCIAL DIS- ARY, 1999, DURING THE
TRICT AS DEPICTED ON THE REGULAR CITY COUNCIL S I c C
APPROVED SITE PLAN AT- MEETING.
TACHED HERETO AND IN- MAYOR RICK STACY
CORPORATED HEREIN AS ATTEST-SANDRA L.
Sl THEIBIS "Er,FICUBJECT RF_OUIREO S APPROVED AS TO FORbh£RE ME, THIS TARY
TH DAY OF FFRRUARY , 199
MENTS CONTAINEDOE THIS ALLEN TAYLORORNEy JR., .
ORDINANCE;H CORRECTING -fTYATTORNEY ® .::�i
THE OFFICIAL ZONING MAP• ---
PRESERVING - - - -- - �. �L� rIVI�j,�A l�, �j'�OTHER ,,�r}
ORTIONO-TH ZONING *! ..•H� COMMISSION EXPIR "Iary Public \--P• •
PORTIONS OF THE t'�'; i
ORDINANCE; DETERMINING d ,;,.
THAT THE PUBLIC INTER- 49r•..• ''2. SEPTEMBER 8, 1999
EST, MORALS AND GENER-
AL ��,E op��-r
AL WELFARE DEMAND THE r w ,-,K TARRANT COUNTY,TEXAS
ZONING CHANGES AND
AMENDMENTS HEREIN
MADE• PROVIDING THAT
THIS ORDINANCE SHALL BE
CUMULATIVES ALL SEV-
ACE / ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ERABILITT-PVI Y CLAUSE,-PROVID-
ING FOR A PENALTY FOR VI-
A-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----.A
Star-"I'elegrain REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
14506264 ACCOUNT CIT57 AMOUNT 64 . . 0
NUMBER DUE ,
PAGE1 4 IF ANY QUESTIONS, PLEASE CALL(817)390-7885
•
• * , r
S‘k
CITY OF SOUTHLAKE
667 N C A R R O L L A V E PLEASE PAY
SOUTHLAKE , TX 76092-9595 THIS AMOUNT 64 . 801
PLEASE WRITE IN AMOUNT ENCLOSED