480-410CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-410
OFFICIAL RECORD
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 BLOCKS IR, 2R1, 3RI, 4R, 5R, 6, 7, AND 8,
SOUTHLAKE TOWN SQUARE, AND TRACTS 3, 3A, 2A5, AND 2A,
R. EADS SURVEY, ABSTRACT NO. 481, BEING
APPROXIMATELY 105 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD"
NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
TO "DT" DOWNTOWN 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 1N 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 fbr the purpose of promoting the public health, safety, morals and general welfare, all in
accordance with a comprehensive plan;
WHEREAS, the hereinafter described property is currently zoned as "NR-PUD" Non-Residential
Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and
Ordinance 480-410 Page 1
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 lhctors 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 sigms 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 oft-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 CounciI 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,
Ordinance 480-410 Page 2
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 Blocks iR, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to
the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888
and 6889, Plat Records, Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads
$lllN'¢y, Abstract No. 481, being approximately 105 acres, and more fully and completely
described in Exhibit "A" from "NR-PUD" Non-Residential Planned Unit Development
District to "DT" Downtown District.
Ordinance 480-410 Page 3
SECTION 2.
That lhe 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. Ail 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 tbreseeable 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 fur 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,
aft~cting 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.
Ordinance 480-410 Page 4
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.
constitute a separate offense.
Each day that a violation is permitted to exist shall
SECTION 8.
All rights and rernedies 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.
Ordinance 480-410 Page 5
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 17th day of December, 2002.
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 4th day of March, 2003.
APPROVED AS TO FORM AND [~ALITY:
ATTEST:
CITY SECRETARY
CITY ATTORNEY
DATE: q' 1'
ADOPTED:
EFFECTIVE:_
Ordinance 480-410 Page 6
EXHIBIT "A"
Being Blocks iR, 2R1, 3R1, 4R, 5R, 6, 7, and 8, Southlake Town Square, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 4892, 6888 and 6889, Plat Records,
Tarrant County, Texas, and Tracts 3, 3A, 2A5, and 2A, R. Eads Survey, Abstract No. 481, being
approximately 105 acres.
BEQrNNING at a found 5/8 inch iron rod in the south right-of-way line of State Highway 114
(Northwest Park'way) (a 200 foot R.O.W.), said point being the southeast comer of a tract of land,
conveyed to Greenway-Carroll Road Partners, recorded in Volume 11445, Page 1627, Dee<l Records,
Tar'rant County, Texas, said point also being the most northerly, northe~t comer of Fechtel tract; .
THE_~ South 47°56'15'` East, along said south right-of-way line, a distance of 171.70 feet to a
Tex~ Highway Department monument found for corner, said point being the point of curvature of a
curve to the left, having a delta of 17°26'51'', a radius of 5,839.58 feet and a chord bearing and
distance of South 56°39'41~ Fast, 1,771.38 feet;
~ southeasterly, continuing along said south right-of-way line and along the arc of said curve
to the left, a distance of 1,778.25 feet to a I/2 inch iron rod with cap found for corner said point being
the northeast comer of said Peterka tract and the northwest comer of a twenty foot strip of laud,
conveyed to Diamond Shamrock Corp., recorded in Volume 6812, Page 2108, Deed Records, Tan'ant
County, Texas:
THENCE_ South 00°01'16" East, leaving said south right-of-way line and along the east line of said
Peterka tract and the west line of said Diamond Shamrock tract, a distance of 1,517.13 feet to a I/2
inch iron rod with cap found for comer in the north right-of-way line of Southlake Boulevard (F.M.
1709) (a I30 foot R.O.W.), said point also being the southeast comer of said Peterka tract and the
southwest comer of said Diamond Shamrock tract;
7FHENC, E North 89°39'55" West, along said north right-of-way line, a'distance of 820.00 feet to a I/2
inch iron rod with cap found for comer;
~ North 88°55'18, West, continuing aiong said north right-of-way line, a distance of 505.52
feet to a 5/8 inch iron rod found for COmer, said point being the southwest comer of said Peterka wact
mxd the southeast Comer of ~aid FeChteI tract;
~ North 88°54'16'' West, continuing along said north right-of-way line, a distance of 1,261.13
feet to a 518 inch iron rod found~for Comer, said point being the southwest comer of said Fechtel tract,
said point also being the intersed, tioa of the north right-of-waY llne of said Southlake Boulevard and the
east right-of-way line of North Carroll Avenue (a variable width R.O.W.);
T.~ North 00°I i'06" West, along said east right-of-way line, a distance of 987.22 feet to a point
for corner;
SAVE AND EXCEPT area within State Highway 114 right-of-way, area within North Carroll Avenue
right-of-way, and Block 9, Southlake Town Square, Phase 1, an addition to the City of Southlake, Tarrant
County, Texas, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas.
Ordinance 480-410 Page 7
EXHIBIT "B"
Ordinance 480-410 Page 8
EXHIBIT "C"
Motion was made to approve Ordinance No. 480-410, 2''d Reading (ZA02-104).
Motion: Stephen
Second: Evans
Ayes: Shankland, Morris, Stephen, Evans, Stacy
Nays: Potter
Approved: 5- I
Ordinance 480-410 Page 9
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 222886381
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: 22288638
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI
Publication Date: 1/10/03
Description Location Col Depth Linage MU Rate Amount
NOTICE OF q PilLic 3 PRU. ,,,NG 11 FOR I 123 123 LINE $6.63 $815.49
PUBLICATION IN
NoYsa i RI t THE OFFICIAL
by the of NEWSPAPER' AND
Sales Discoir the City Southlake PROVIDING AN EF- ($715.86)
Texas, will a publi6 FECTIVE DATE.
hearing
• January 21, 2003,be Any SECTION firm7.
or
at 8:00 p.m. or Im- corporation who vio-
mediately following laces,disobeys,omits,
the Work Session, neglects or refuses to
during the Regular comply with or who Net Amount: $99.63
City Council Meeting resists the enforce-
to be held in the City ment of any of the
Council Chambers of provisions of this or-
, Town Hall, 1400 Main dinance shall be fined
Street, Southlake, not more than Two
Texas. Thousand Dollars
Purpose of the public ($2,000.00) for each _ ----__... ___ _.
hearing is to oonskfer offense.Each day that
the second reading of a violation is pormitted 3 Lq. I - ,,,1
the following oidi- to exist shall consti-
nence: tote a separate of-
CITY OF tense.
SOUTHLAKE TEXAS Cit�yy gf Southiake
ORDINANCE NO, Lon Farwell
480-410 City Secretary
AMENDORRDINANCE
NG
NANCE NO. 4800ORAS
AMENDED,
COMPREHENSIVE OFFICE OF CITY SECRETARY
ZONING ORDI-
NANCE OF THE CITY
OTEXAS; GRANTINEG
• A ZONING CHANGE
THE STA TRACT OR TRACTS
County O OF LAND WITHIN
THE CITY OF
SSBIKLALYASENGEG
Before m DESCRIBED AS .1 for said County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the 5, BLOCKS
5R, 6 R7' 'y the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas; and who, after being duly sworn, did depose and say
that the: TOWN' SSSQUARKE,,.dvertisement was published in the above named paper on the listed dates: BIDS 8z LEGALS DEPT. STAR TELEGRAM
(817) 3 2A5,AND TRACTS 3, 3A
AND 2A, R.
FADS SURVEY, AB- 1 ^
STRACT NO. 481, �-�JV\ ���////
BEING APPROXI- Signed3 1
MAYFLY
ACRES, AND MORE
FULLY AND COM •
-
SUBSCRI PLETELY DE- ' BEFORE ME, THIS Sunday,lanu 1 2
SCRIBED IN EXHIBIT //
A" FROM "NR-PUD" 1/r/ bi./
I
NON-RESIDENTIAL ,
VELOPMENTNIT„DDIS- Notary Public
TRICT TO DT"
DOWNTOWN DIS-
I TRICT SUBJECT TO >"RrtX,y`_ CH TY TY L.HOLLAND
THE SPECIFIC RE-
QUIREMENTS CON- ' MY COMMISSION EXPIRES
CON-
TAINED IN THIS -,�
Thank ' ORDINANCE; COR-' ayment *�:'RECTING THE OF- , JULY 31,2004
FICIAL ZONING
_.- —_._. MAP; PRESERVING —— —————
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MINING THAT THE
MORALS INTEREST,GEN-
Remit . ERAL WEPIFARE r.m Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 222886381
Invoice Amount: $99.63
PO Number:
Amount Enclosed: $ 1
F alb- qrD
' e State of Texas
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared KAREN D.
WILLIAMS.Bid & Legal Coordinator for the Star-Telegram, published by Star-Telegram, Inc. At Fort
Worth, in Tarrant County, Texas and distributed in other surrounding Counties; 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:
CUSTOMER ID: CIT57 DESCRIPTION:
CITY OF SOUTHLAKE
INVOICE DATE: 3/7/03
INVOICE 22492919 i !1 Ir E E
SALES REP: JANICE GREGORY
V4�
NUMBER NONE
OFFICE OF ITY SECRETARY
PUBLICATION DATES: 3/7/03-3/9/03
INVOICE AMOUNT $ 86.67
Signe .
Subscribed and sworn to before me, this the 11 Day of MARCH
2003
Notary Public f� C 41' �L��c_
Tarrant County, Texas
Karen Williams
STAR TELEGRAM BIDS AND LEGALS
PHONE: (817) 390-7182 CHRISTY L.HOLLAND
MY COMMISSION EXPIRES
ADDRESS: STAR TELEGRAM F JULY 31,2004
400 WEST 7TH STREET
FORT WORTH ,TX 76102
""GE #1 AD IS ATTACHED ON PAGE #2
•
•
•
GiiY OF
ORDINANCE SOUTHLAKNO.
480-410
AN ORDINANCE
NANCE MENDING
480RDI-
AS
AMENDED, 'THE
PAGE #2 ZONINGEHE COMPREHENSIVE
OF THE CITY
OF SOUTHLAKE,
INVOICE : 22492919 3/7/03-3/9/03 A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF
LAND
D WITHIN
PASTE AD HERE OF
SOUTHLAKE„BEINGL
TEX-
ASLEGALLY
DESCRIBED AS
BLOCKS 1R, 2R1,
3R1, 4R, 5R, 6 7
AND 8, SOUTHLAKE
TOWN SQUARE,
AND TRACTS 3, 3A,
2A5, AND 2A, R.
EADS SURVEY, AB-
STRACT NO. 481,
BEING APPROXI-
MATELY 105
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
A" FROM "NR-PUD"
NON-RESIDENTIAL
PLANNED UNIT DE-
VELOPMENT DIS-
TRICT TO "DT"
DOWNTOWN DIS-
TRICT SUBJECT TO
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS
RECTING CTHECOR-
OF-
FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
MIINING THAT CE; DETER-
MINING
PUBLIC INTEREST,1
MORALS AND GEN-
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE„:
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
F PROVIDING
EF-
FECTIVE
SECTION 7.
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
comply with or who
resists the enforce
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
a violation is permitted
to exist shall consti-
tute a separate of-
fense.
PASSED
AP-
PROVED THIS THE
4TH DAY OF
MARCH, 2003,
REG-
ULARDURING T CITY ECOUN-
CIL MEETING.
MAYOR: Rick Stacy
ATTEST: Lori Farwell,
City Secretary