480-352CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-352
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 TRACTS 3 & 3F AND A
PORTION OF TRACT 4C, IN THE REES D. PRICE SURVEY,
ABSTRACT NO. 1207, AND BEING 30.138 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT
AND "S -P -2" GENERALIZED SITE PLAN DISTRICT FOR
TROPICAL FISH DISTRIBUTION AND RELATED
ANCILLARY USES 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 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 and "S -P -2" Generalized Site Plan District for tropical fish distribution and related ancillary
uses 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 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 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 Tracts 3 & 3F and a portion of Tract 4C, in the Rees D. Price Survey, Abstract
No. 1207, and being 30.138 acres, and more fully and completely described in
Exhibit "A" from "AG" Agricultural District and "S -P -2" Generalized Site Plan
District for tropical fish distribution and related ancillary uses to "SF -IA" 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 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 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 —1— day of 000.
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AITYIEdgATARY
PASSED AND APPROVED on the 2nd reading the -A— day of 2001.
,, % 0UTH ATTEST:
ItITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: � lk
ADOPTED
EFFECTIVE:
EXHIBIT "A"
Being 30.138 acres of land located in the R.D. Price Survey, Abstract
No. 1207, Tarrant County, Texas, being the tract of land described in
the deed to Bill Massey
Furniture, Inc., recorded in Volume 7495, Page 1974, Deed Records,
Tarrant County, Texas. Said 30.138 acres of land being more particularly
described as follows:
BEGINNING at an 1/2" iron rod found at the Southeast corner of said
Massey tract being the Northeast corner of a tract of land described
in the deed tp Kenneth Dean Sorg and wife Joan Margaret Sorg recorded
in Volume 4315, Page 359, Deed Records, Tarrant County, Texas, said 1/2"
iron rod lying North 267 feet from the Northwest corner of the J.W.
Chivers Survey, Abstract No. 350, Tarrant County, Texas.
THENCE N 89'1 1'25" W, a distance of 787.92 feet along the common line
of said Massey and Sorg tracts to on 1/2" iron rod found at the common
corner of scrod Massey and Sorg tracts;
THENCE West a distance of 9.44 feet to a 1/2 iron rod stamped BEASLEY
RPLS 4050 set in the South line of a tract of land described in the deed
to Wade C. Cummings recorded in Volume 1194, Page 609, Deed Records,
Tarrant County, Texas, at the Southwest corner of said Lions Club
tract, from which a pipe found at the Southwest corner of said
Cummings tract bears West 774.20 feet and from which an 1/2" iron
rod found at the Northwest corner of a tract of land described in
the deed to Michael V. Calli recorded in Volume 13790, Page 417,
Deed Records, Tarrant County, Texas bears S 85'11'39" E 10.27
feet;
THENCE N 38'56'52" W, a distance of 235.20 feet along the West
line of said Lions Club tract to an 1/2" iron rod stamped BEASLEY
RPLS 4050 set at the Northwest corner of said Lions Club tract,
said 1/2" iron rod being the Southwest corner of a tract of land
described in the Final Judgement as to tract No. C-221 in favor
of the petitioner, The United States of America, recorded in the
District Court Records of the United States District Court for
the Northern District of Texas, Fort Worth Division, Case No. 2185
Civil, filed February 1, 1952;
THENCE N 58'56'57" E, a distance of
575.64 feet along the common
line of said Lions Club and the United
States of America tracts
to an 1/2" iron rod stamped BEASLEY
RPLS 4050 set, from which an
Army Corps of Engineers monument at
the common corner of said
Lions Club and United States of America tract bears N 58'56'57 E
1053.66 feet;
THENCE S 39'34'54" E. a distance of
548.67 feet to an set 1/2" iron
rod stamped BEASLEY RPLS 4050
THENCE S 70'02'03" E, a distance of
166.83 feet to an 1/2" iron
rod stamped BEASLEY RPLS 4050 set
in the South line of said
Lions Club tract from which a 5/8" iron rod at the Southeast
corner of said Lions Club tract bears
EAST 392.49 feet;
THENCE along the described North line
of said Massey tract EAST 392.49
feet to a stone found at the Northeast
corner of said Massey tract;
THENCE S 00' 54'21 W, a distance of 956.47 feet along the East line of
said Massey tract to the point of beginning, containing 30.138 acres of land.
The bearings recited hereon are oriented to the South line of the tract of
land described in Volume 3218, Page 553, Deed Records, Tarrant County, Texas.
Vicinity Map
Wingate Hill
N
W
S
Attachment B
Page 1
2000 0 2000 4000 Feet
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 184960441
FORT WORTH,TX 76102 Invoice Date: 12/21/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 12/31/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 18496044
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: NOTICE OF PUBLI
Publication Date: 12/21/00
NOTICE OF PUBLIC
"FART hereby Location Col Depth Linage MU Rate Amount
Notice is given
G
by the City Council of -- '
"' the City of Southlake.
Texas, that l ot.held on LING Notic 1358 1 100 100 LINE �5.80 $580.00
NOT hearingwill be held on
January 2, 2001 dur-
ing the Regular City
ouncil Meeting to be
Sales) hambe s of City Hall, ($499.00)
67 North Carroll Av-
enue. Southlake,Tex-
as.
Purpose of the public
hearing is to consider
the second reading of
the following ordi- Net Amount: $81.00
nance:
CITY OF
SOUTHLAKE, TEXAS
ORDINANCE
NO. 480-352
AN ORDINANCE
AMENDING ORDI-
NANCE NO 480, AS
AMENDED, THE
COMPREHENSIVE
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
SOUTHLAKE, TEX-
AS, BEING LEGALLY
DESCRIBED AS
TRACTS 3 & 3F AND
A PORTION OF
TRACT 4C, IN THE
N REES D. PRICE
SURVEY, AB-
Cc STRACT NO. 1207,
AND COMPLETELY
DESCRIBED IN EX-
HIBIT"A"FROM"AG"
Be AGRICULTURAL DIS-n and for said County and State,this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star-
TIRICT ANDTe GENERALIZEDSSITE;tar-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after beingdulysworn,did depose and saythat the
atl PLAN DISTRIST FOR
gp
TROPICAL FISH Dls-rtisement was published in the above named paper on the listed d tes:
TRIBULATED ION AND RE- /'� • ,
LATED ANCILLARY ,h/l. /'�!
USES TO 'SF-1A"
SINGLE FAMILY Signed (�[�{JtOS
RESIDENTIAL DIS-
TRICT,THE 8 ECIFICT TO
RE k TO BEFORE ME, THIS Friday, Decem r 2000.
OLIIREMENTS CON-
TAINED IN THIS OR- -
DINANCE; COR- `
RECTING THE Notary Public L!/K
OFFICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE ZON-
•
ING ORDINANCE;
RMINING THAT
TTHEDETEPUBLIC INTER- a �`'••• CHRISTY L.HOLLAND
EST, MORALS AND * `
GENERAL WELFARE •€ MY COMMISSION EXPIRES
Tin DEMAND THE ZON-ur Payment __ ..y
ING CHANGES AND JULY 31 20
AMENDMENTS 14
a_ ��..v_ __..__.�e.���..�®
—'— HEREIN MADE;_--'®-®_® '
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMULA-
TIVE OF ALL ORDI-
NANCES; PROVID-
ING A SEVERABILI- am Customer ID: CIT57
Re PROVIDINGC FOR A��
PENALTY FOR
CATIONS HEREOF;
OF; 901051 Customer Name: CITY OF SOUTHLAKE
PROVIDING A SAV-
INGS CLAUSE; PRO-
VIDING FOR PUBLI-/ORTH TX 76101-2051 Invoice Number: 184960441
CATION IN THE OF-
F 7
ICI AL
NEWSPAPER; AND Invoice Amount: $81.00
PROVIDING AN EF-
FECTIVE DATE.
Sandra L. LeGrand PO Number:
City Secretary „,
Amount Enclosed:
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 185553141
FORT WORTH,TX 76102 Invoice Date: 1/5/01
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/01
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 18555314
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
CITY OF SOUTH-
LAKE, TEXAS ORDINANCE NO. Publication Date: 1/5/01
480-352
AN ORDINANCE
. . "$
AMCDINO ORADS ai a � . 1 g :, Ada ; , .tik.
v �
.<^ AMENDED.
80. „ � 4 � , - , ,'' ,g, . r. �.. 'r , .�;, _
�;;- ,COMPREHENSIVE
ZONING
ANCE OF THL,C11 Y \S ORDIN 1358 1 115 115 LINE $6.09 $700.20
CITY( N
, OF . SOU HI,AKF
TEXAS;GRAN-f ING A
ZONING CI-IAN,I1F
Sales I TTRACTA OR C It17 AC1 S ($607.05)
OF LAND @.rI HIN
THE CIT.,,, Of
SOUTHLAKI Tr Y
AS, BEING I t_ ;AIL'r
DESCRIBED At;TRACTS 3& ;F AND Net Amount: $93.15
A PORTIO^1 OF
TRACT 4C, IN THE
REES D. PRICE
SURVEY, AB-
STRACT NO. 1207,
AND BEING 30 138
ACRES, AND MORE
FULLY AND COM
PLETELY DE
SCRIBED IN EXHIBIT'
"A" FROM "AG" AG-
RICULTURAL DIS-
TRICT AND "S-P-2"
GENERAL.IZED SITE
PLAN DISTRICT FOR
TROPICAL FISH DIS
TRIBUTION AND RE
LATED ANCILLARY
USES TO "SF-1A"
SINGLE FAMILY
RESIDENTIAL DIS-
TRICT, SUBJECT TO
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS OR-
DINANCE; COR-
N RECTING THE
OFFICIAL ZONING
CC MAP; PRESERVING
ALL OTHER FOR
I ING OF THE ORDINq 7NCC\E, nd for said County and State,this day personally appeared Shalini Doss, Bid and Legal Coordinator, for the Star-
- ERMINING INTER TTTHE PUBLICNT Telegram, Inc.at Fort Worth,ir-Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
EST, MORALS AND
at GENERAL WELFARE ement was published in the above named paper on the listed dates:
DEMAND THE ZON
ING CHANGES AND \ / //
AMEN T,
M
HEARING M Signed e. -.- 11/f/N� x,/�f•Q
ADE
PROVIDING THA I
SHALLORDINANCE
E CUMU�E O BEFORE ME,THIS Monday, Jan ry 2001.
S TIVE OF ALL OTHER
ORDINANCES; PRO
VIDING A SEVER
ABILITY CLAUSE: Notary PubI.c
PROVIDING FOR A
PENALTY FOR VIO
LATIONS HEREOF.
PROVIDING A SAV
INGS CLAUSE; PRO
V1DIN.3 FOR PUBLI t� ,,,
CATION IN THE OF +o' '' CHRISTY L.HOLLAND
FICIAL NEWSPAPEfV
AND PROVIDING '= MY COMMISSION EXPIRES
Th .4N EFFECTIVE 'Payment
DATSECTION 7 - %' JULY 31,2004
Any person, firm- or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comp:y with or who
resis•s the enforce-
ment of anyof the
provisions o this or. Customer ID: CIT57
Ref dinance shall be fined ram
not more than Two
Thousand
2 00o 0O) for each )01051 Customer Name: CITY OF SOUTHLAKE
offense.Each day that
violation
xist shall constitute permitted
to e )RTH, TX 76101-2051 Invoice Number: 185553141
a separate offense.
PASSED AN AP-
PROVED BY THE CITY COUNCIL OF Invoice Amount: $93.15
THE CITY �F PO Number:
AS.ON THIS , T
AS,ON THIS THE 2nd �
DAY OF JANUARY,
2001
MAYOR Amount Enclosed: $
RICK STACY J
ATTEST. SANDRA L.
LEGRAND
CITY SECRETARY
APPROVED AS TO
FORM:
E. ALLEN TAYLOR
JR.,
CITY ArTr-gNEY