480-307CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-307
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 EASTERN PORTION OF
TRACT 6F SITUATED IN THE J. G. ALLEN SURVEY,
ABSTRACT NO. 18, AND BEING APPROXIMATELY 1.8
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "S-P-l" DETAILED SITE
PLAN DISTRICT WITH "C-2" LOCAL RETAIL
COMMERCIAL DISTRICT USES TO INCLUDE A PRIVATE
KINDERG.M/TEN 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
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 role 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
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
reasonabl-y 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
Page 2
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 t-md 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
theretbre tbels 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:
Page 3
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 the eastern portion of Tract 6F situated in the J. G. Allen Survey, Abstract No.
18, and being approximately 1.8 acres, and more fully and completely described in
Exhibit "A" from "AG" Agricultural District to "S-P-l" Detailed Site Plan District
with "C-2" Local Retail Commercial District uses to include a private kindergarten
as depicted on the approved Site Plan attached hereto and incorporated herein as
Exhibit "B", and subject to the specific conditions established in the motion of the
City Council and attached hereto and incorporated herein as Exhibit "C."
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
Page 4
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 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.
Page 6
PASSED AND APPROVED on the 1st reading the ~
__dayof ~ ,1999.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ~ day of ~ ,1999.
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
-DATE:
EXHIBIT "A'
FIELD NOTE DESCRIPTION
1.8000 ACRES
FOR
~P-I ZONING REQI, EST
BEFNG a i 8000 acre tract of land out of the Jessie Allen Sur~ey, Abstract No. 18, CiD' of
Southlake , Tan'ant CounD', Texas. and being part ora 3 426 acre tract of land as described in
deed recorded in Volume 7615, Page 223. of the Tan-ant County. Deed Records, and being more
particularly described as follows:
BEGINNING at a I72" iron rod found t'or the southeast comer of said 3.426 acre tract, same
being the intersection of the ,.','est right-of-way line of Davis Boulevard ( a 120-foot wide right-
of-way) x,.qth the north line of Union Church Road ( a 60-foot ,.vide right-of-way, more or less at
this point);
TI-[ENCE, N.89°54'I0"W., 284.55 feet along the said north line of Union Church Road to a 1/2"
iron rod set for comer;
TI-[E'NCE, N.0017'48"W., 276.42 feet to 1/2" iron set in the north line of said 3.426 acre tract;
TF[ENCE, S.89°33'13"E, 284.57 feet along the said north line of the 3.426 acre tract to a 1/2"
iron rod found for comer in the said ',','est right-of-way line of Davis Boulevard;
THENCE, S00°I T45"E., 274.69 feet along the said west right-of-way line of Davis Boulevard to
the Point of Beginning and containing 78,408 square feet or 1.8000 acres of land.
Page 8
EXHIBIT "B"
7® ....... :' '
EXHIBIT 'C'
REGULAR CITY COUNCIL MEETING, APRIL 6, 1999 MINUTES
Motion was made to approve the 1x' reading of Ordinance No. 480-307, Rezoning from "AG" to "S-
P-I" with "C-T' uses to include a private kindergarten and Site Plan for Primrose School; subject
to the Plat Review Summary No. 3, dated April 1, 1999; granting relief to Item #1 (trash dumpster
location) to allow' as shown; on Item #2, allow play structures as shown; on Item #3, allow' both
vertical and horizontal articulation as shown; on Item #4a, allow the parking as shown along Davis
Boulevard: on Item #5al allow driveway on Davis Boulevard, to shift 18' north to a location
approximately 217' north of the intersection with Union Church and allowing the curb return to
property.' north of the property, line extension; on Item #5a2, allow the driveway on Davis Boulevard,
as proposed above; and approving the extension of the decel lane from 150' to 250' length and the
drivew'ay intersecting the decel lane as shown on the plan.
Motion: Martin
Second: Evans
Ayes: Martin, Edmondson, Evans, Kendall, Moil'at, Stacy
Nays: Fawks
Approved: 6-1 vote
Page 10
EXHIBIT
Motion was made to approve Ordinance No. 480-307, 2na reading, allowing the
necessary variances to bring the plan that was presented this evening into compliance,
and further requiring that the applicant use signage and markings to prevent lef~ out
traffic onto Davis Boulevard from their driveway.
Motion: Fawks
Second: Evans
Ayes: Fawks, Evans, Kendall, Edmondson, Stacy
Nays: None
Approved: 5-0 vote
Regular City Council Minutes of April 20, 1999 page 14 of 18
Page I 1
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Star-Telegram FED. I D NO. 22 3148254
AD ORDER NO. 14957494
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. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
4/23ME 14957494 CITY OF SOUTHLAK I358 1x 84L 84 QUOTE 68 . 04
CITY OF SOUTHLAKE, 0 4/2 3-0 4/2 3
TEXAS
ORDINANCE NO.480-307
AN ORDINANCE AMENDING
HDINANCE NO. 480. AS
AMENDED, THE COMPRE-
HENSIVEZONING 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 LEGAL-
. LY DESCRIBED AS THE..........__...
EASTERN PORTION OF
TRACT 6F SITUATED IN THE
J. G. ALLEN SURVEY, AB-
STRACT NO.18,AND BEING
— APPROXIMATELY 1.8
ACRES, AND MORE FULLY
AND COMPLETELY DE-
SCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL
DISTRICT TO "S-P-1" DE- - i
AILED SITE RETAIL
SI
III,
ITH 'C-2" LOCAL RETAAIL'
OMMERCIAL DISTRICT US-
ES TO INCLUDE A PRIVATE
SI El ON THE APPROVED SITE SWORN TO BEFORE ME, THIS THE 28thDAY OF APRIL 99
PLAN ATTACHED HERETO
AND INCORPORATED HERE-
IN AS EXHIBIT"B",SUBJECT `�''` :'('a`'v�•. 0 , V
1 TO THE SPECIFIC REQUIRE- _1Par.Pva,1 Notary Public -A4_�--- L�
MENTS CONTAINED IN THIS o:' ':,h� RHONDA R. GOKE
ORDINANCE; CORRECTING 2i n
THE OFFICIAL ZONING MAP; i•:'� •i COMM!SSIOP� EXPIRES 1
PRESERVING ALL OTHER
i
PORTIONS OF THE ZONING �'rs. ` ' TARRANT COUNTY,TEXAS
ORDINANCE; DETERMINING G V;.•.....•'E' - SEPTEP:4E\ 8, 1999
•
THAT THE PUBLIC INTER- , ',4„��;._
EST, MORALS AND GENER- •c...r�.awva-a+....
AL WELFARE DEMAND THE
ZONING CHANGES AND IC
AMENDMPROVIDINGH REIN ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
THIS ORDINANCE SHALL BE
CORDI-
NANCES; VE OFALLSEV- TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
NA ABUT PROVIDING A VID- ��
ERABILITY CLAUSE PROVID-
ING FOR A PENALTS'FOR VI-
OLATIONS HEREOF-
PROVIDING A SAVINGS`
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER:AND PRO-
Star-Tele ram FED. I.D. NO. 22 3148P54 14 87 5 612
AD ORDER NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
lunty 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 INCHTUNE RATE AMOUNT
4/09ME 14875612 CITY OF SOUTHLAK I358 1x 91L 91 QUOTE 73 . 71
CITY OF SO sHLAKE, 04/09-04/09
TENOTICE was 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 April
20, 1999,at 6:00 p.m.The
meeting will be held in the
City Council Chambers of --- -----------------------------
City Hall, 667 North Carroll
Avenue, Southlake, Texas.
Purpose of the hearing will
begg held regarding the follow-
InCITY OF SOUTHLAKE,
TEXAS
ORDINANCE NO.480-307
AN ORDINANCE AMENDING -- - _
ORDINANCE NO. 480 AS
AMENDED, THE COMPRE-
HENSIVE ZONING ORDI-
NANCE OF THE CITY OF f
SOUTHLAKE, TEXAS
"RANTING A ZONING -SIG l� e
'RANGE ON A CERTAIN `�-'+��`"-'''"+-��-��••...
TRACT OR TRACTS OF LAND
NITHIN
THE EXAS ITY EING LEEGAL-F SOUTH-i 12t APRIL 1999
Sl LY DESCRIBED AS THE SWORN TO BEFORE ME, THIS THE UAY OF
EASTERN PORTION OF /\
J. G. 6F NSITUATED IN THE " 6.e."" ��
S A AI_`_O. SURVEY, AB- - r
STRACTNO.18,AND BEING =js1.�iy,I Notary PublicTOI �C
APPROXIMATELY 1.8 =G' I' RHONDA R. GOKE
ACRES. AND MORE FULLY _ ��,
EXPIRES #
AND COMPLETELY DE- 1 ���'� COMMISSION
SCRIBED IN EXHIBIT "A' #ti` 1 TARRANT COUNTY,TEXAS
FROM "AG" AGRICULTURAL 1,-9i. 'i 1 SEPTEMBER 8, 1999
DISTRICT TO S.P-1' DE- 4 '4, =
TAILED SITE PLAN DISTRICT
WITH 'C-2" LOCAL RETAIL
COMMERCIAL DISTRICT US-
ES A PRIVATE,
KIDEERGAR TO ENEAS DEPICT-) ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
ED ON THE APPROVED SITE
PLAN ATTACHED HERETO
- AND INCORPORATED HERE--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-----„A
_ I IN AS EXHIBIT"8",SUBJECT
TO THE SPECIFIC REQUIRE-
, MENTS CONTAINED IN THIS .
ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP
PRESERVING ALL OTHER
SPORTIONS OF THE ZONING
ORDINANCE; DETERMINING
THAT THE PUBLIC INTER-
EST, MORALS AND GENER-
AL WELFARE DEMAND THE raili
ZONING CHANGES AND REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102
AMENDMENTS HEREIN
THISEORDINANCENSHALLHBE ACCOUNT C I T 5 7 AMOUNT 73 . 71
CUMULATIVE OF ALL ORDI- NUMBER . DUE
NANCES;PROVIDING A SEV-
ERABILITY CLAUSE'PROVID-
ING FOR A PENALTY FOR VI- I 4t IF ANY QUESTIONS, PLEASE CALL(817)390-7885
PROVIDING A SAVINGS` PAGE
CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFI-
CIAL NEWSPAPER'AND PRO-
VIDING AN EFFECTIVE 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 orda
moall nEuand F SOUTHLAKE
than Two Tfos
Dollars ($2,000.00) for U T H L A K E
each offense.Each day that
a violation is permitted to ex-C A R R O L L AVE E PLEASE PAY
ist shall constitute a sepa-
se.
Sandra L.LeGrand A K E, TX 7 6 0 9 2-6 412 THIS AMOUNT en 73 .71
1
City Secretary
•
•
•
PLEASE WRITE IN AMOUNT ENCLOSED