480-415CITY O. SOU?., A, E,?EXAS OF'F'JCJAL RECORD
ORDINANCE NO. 480-415
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 BEING A PORTION OF LOT 2B,
BLOCK 1, DILG PLACE SUBDIVISION, AND BEING
APPROXIMATELY 0.1107 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C-2"
LOCAL RETAIL COMMERCIAL DISTRICT TO "O-1"
OFFICE 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 "C-2" Local Retail
Page 1
Commercial 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 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
Page 2
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
OFSOUTHLAKE, 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 a portion of Lot 2B, Block 1, Dilg Place Subdivision, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Volume 388-174, Page 30, Plat
Records, Tarrant County, Texas, and being approximately 0.1107 acres, and more
fully and completely described in Exhibit "A" from "C-2" Local Retail Commercial
District to "O-1" Office District as depicted on the approved Concept Plan attached
Page 3
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 co~nmercial 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,
Page 4
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 enfomement 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
Page 5
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 7th day of January, 2003.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 21st day of January, 2003.
ATTEST:
CITY SECRETARY
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY'ATTORNEY/
DATE:
ADOPTED:
EFFECTIVE:
Page 7
EXHIBIT "A"
Being a portion of Lot 2B, Block 1, Dilg Place Subdivision, an addition to the City of Southlake,
Tan:ant County, Texas, as recorded in Volume 388-174, Page 30, Plat Records, Tarrant County,
Texas, and being approximately 0.1107 acres.
PECAN CREEK SUBDIVISION
Lot 2-Zoning Area
BEING a 0.1107 of an acre tract of land situated in the O.W. Knight Survey, Abstract
No. 899, City of Southlake, Tarrant County, Texas and being a portion of Lot 2-A and 2-
B, Block 1, DILG PLACE, an addition to the City of Southlake described by plat
recorded in Volume 388-174, Page 30, Plat Records Tarrant County, Texas (PRTCT),
and being a portion of that certain tract of land described in deed to Eliot House (Drews)
Partners I, L.P. recorded in Volume 15194, Page 466, Deed Records of Tarrant County,
(DRTCT), said 0.1107 of an acre tract of land being more particularly described as
follows:
COMMENCING at a 1/2-inch iron rod with cap stamped "Bury+Pittman" found for the
northwest comer of said tract of land recorded in Volume 15194, Page 466, DRTCT
same being the nodheast comer of Lot 3R, Block 60 of TIMARRON ADDITION, Phase
5, an addition to the City of Southlake described by plat recorded in Cabinet A, Slide
4395, PRTCT and being in the southerly right-of-way line of Southlake Boulevard
(Farm-to-Market Road No. 1709, a variable width right-of-way);
THENCE along said southerly right-of-way line the following:
South 87°33'49'' East, a distance of 63.34 feet to a Texas Department of
Transportation brass monument found for comer;
North 89°34'26'' East, a distance of 98.47 feet to a point for corner;
THENCE South 01°15'48" East, a distance of 20.55 feet to the point of curvature of a
curve to left having a radius of 75.00 feet;
THENCE southeasterly with said curve to the left through a central angle of 26°21'28"
for an arc distance of 34.50 feet, a chord bearing of South 14°26'32" East and a chord
distance of 34.20 feet to the point of tangency;
THENCE South 27°37'16'' East, a distance of 79.49 feet to the POINT OF BEGINNING;
THENCE South 27°37'16'' East, a distance of 37.91 feet to the point of curvature of a
curve to right having a radius of 70.00 feet;
THENCE southeasterly with said curve to the right through a central angle of 32°27'42"
for an arc distance of 39.66 feet, a chord bearing of South 11°23'25" East and a chord
distance of 39.13 feet to the point of tangency;
THENCE South 04°50'26" West, a distance of 183.95 feet to point for corner;
Page 8
THENCE North 90°00'00'' West, a distance of 45.05 feet to the point of curvature of a
non-tangent curve to the right having a radius point which bears South 84o43'09'` East,
a distance of 100.00 feet;
THENCE nodheasterly with said curve to the right through a central angle of 14003'40''
for an arc distance of 24.54 feet, a chord bearing of North 12°18'41" West and a chord
distance of 24.48 feet to the point of tangency;
THENCE North 19°20'31, East, a distance of 117.12 feet to the point of curvature of a
curve to the left having a radius of 152.00 feet;
THENCE northwesterly with said curve to the left through a central angle of 46057'47''
for an arc distance of 124.59, a chord bearing of North 04°08'22" West and a chord
distance of 121.13 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 4823 square feet or 0.1107 of an acre of land.
Page 9
EXHIBIT "B"
Page 10
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 222886391
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 1/10/03
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 1/31/03
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22288639
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 1/10/03
t }a S' r tt # 4�i Olgtat, $ td g ; -
NOT NOTICEARINGBLIC ARING Notic 13580 1 124 124 LINE $6.63 $822.12
Notice is hereby given
by the City Council of
e City of Southiake,
�h
Sales Taxes, that a public ($721.68)
hearing will be held
on January 21, 2003,
at 6:00 p.m. or im-
mediately following
the Work Session,
during the Regular
City Council Meeting
to be held in the City Net Amount: $100.44
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.
Purpose of the public -hearing is to consider �
the second reading of LI \�I E (((���
the following ordi- R
ll ' I
Hance:
CITY OF SOUTH- UI
LAKE, TEXAS
ORDINANCE NO.
480-415
AE
AN INORDI-
NANCE NO. 480,rAS
AMENDED,
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY OFFICE OF CITY SECRETARY
OF SOUTHLAKE,I
TEA GRANTING
A ZxONING CHANGE
ON A CERTAIN
THE TRACT OR TRACTS
OF LAND WITHIN
CoUr THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS BE-
Befor ING A PORTION OF and for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
LOT 2B BLOCK 1,
for[I.
DILG PLA AND UB- ed by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say
ING
that t APPROXI- n advertisement was published in the above named paper on tht_Ilsted dates: BIDS 8L LEGALS DEPT. STAR TELEGRAM
(817 MATELY ACRES, AND MORE f� •
FULLY AND COM-
PLETELY DE- i'�//n\`J\I
SCRIBED IN EXHIBIT
A" FROM "C-2" LO- Signed
CAL RETAIL COM- el
MERCIAL DISTRICT
SUBS( TO 0-1" OFFICE TO BEFORE ME, THIS Sunday,Ja ary 2003.
2,
DISTRICT AS DE-
PICTED
THE
APPROVED
CON- i.,(‘&("'<-
CEPT PLAN AT- - cihi
TACHED HERETO Notary Publi .. ._
AND INCORPORAT-
ED HEREIN AS EX- l; o±�"'r NRISTY HOLLAND
HIBIT B', SUBJECT .i-'t
TO THE SPECIFIC ;-•, _ •` M' ;;OMMIS N EXPIRES
REQUIREMENTS L
ThankCONTAINED IN THIS ''tar±!'' JULY 31,2004
ORDINANCE; COR-
RECTING THE OF- ,
FICIAL ZONING
MAP,
LHESRRL PRESERVING
PO
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MINING THAT THE
PUBLIC INTEREST,
Remit . MORALS AND GEN-
E WELFARE
E im Customer ID: CIT57DMAND ZON-
ENADEET1051AMMNS )
Customer Name: CITY OF SOUTHLAKE
HEREIN MADE;
PROVIDING THAT
THIS ORDINANCE ZTH TX 76101-2051 Invoice Number: 222886391
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES: Invoice Amount: $100.44
PROVIDING A SEV-
ERABILITY CLAUSE;
PENALDTY FOR FO VIO-A PO Number:
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE Amount Enclosed: 1$
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER AND
FECC IVDENDATE.N EF
SECTION 7.
Any person, firm or
... finn who VIO-
resists me entorce-
ment of any of the
provisions of this or-
dinance shall be fined
not more than Two
Thousand Dollars
($2,000.00) for each
offense.Each day that I
a violation is permitted i
to exist-shall consti-
tute a separate of- '
fense.
City of Southlake
Lon Farwell
City Secretary