480-429OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-429
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 TRACT
2116 OF THE W. MARTIN SURVEY, ABSTRACT NO. 1068, AND
BEING APPROXIMATELY 0.8 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -20A" SINGLE FAMILY
RESIDENTIAL 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 properly is currently zoned as "AG" Agricultural District under
the City's Comprehensive Zoning Ordinance; and
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 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,
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 Tract 2B6 of the W. Martin Survey, Abstract No. 1068, and being approximately 0.8
acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District
to "SF -20A" Single Family Residential District as depicted on the approved Concept 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,
Page 3
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
Page 4
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
fifteen (15) 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 5
PASSED AND APPROVED on the 1st reading the 3rd day of February, 2004.
MAYOR
ATTEST:
CITY SECRETAR
PASSED AND APPROVED on the 2nd reading the 17 day of February, 2004.
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MAYOR
ATTEST:
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CITY SECRETAkY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 3-3o -0�
ADOPTED: a. /m
EFFECTIVE:
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Page 6
EXHIBIT "A"
Being Tract 2B6 of the W. Martin Survey, Abstract No. 1068, and being approximately 0.8 acres.
STATE OF TEXAS:
COUNTY OF TARRANT :
WHEREAS I, Dan Wiggins is tree owner of all that certain lot tract or parcel of land situated in the William.
Martin SUrvey. Abstract No 1063. City of Southlake, Tarrant County, Texas, according to the deed tnerecf
recorded in Volume . Page_ of tree Deed Records of Tarrant County. Texas. being a portion c3 a
cai;ed 10 15 acre tact as described in deed to Southshore Acres, Inc. in Vol:ime 4$40. Page 410. and the
same tract as described in deer, to i R. Branton. recorded ir. Volume 10574, Page 21137. of the Deed Records
0 Tarrant Coent'y, Texas, and being more padicularly described by rtletes and bounds as foilo
BEGINN!NG at a set RK. nail in the centerline of Randol Mill Avenue, and in the South I:ne of Said 'William
Martin Survey. and said P.K. nail being by decd cati 1421 8 feet ( North 8$ degrees 53 minutes East.
frorr< thr Sout!lwest corner of said William Martin Survey,
"HENCE North 00 degrees 00 minutes 00 seconds East departing he centerline o{ said Randol Mill
Avenue along and in Our Lane. a pr:Vate road a distance o' 202.70 feetto a found 112' iron rod at the
South: ;pest comer of a called 1 08 arse tract as described ir, deed to Leroy E Nofton. and Billy E :or or,.
recorded in Volume 5.7.54, Page 350. of the Deed Records of Denton County. Texas.
'HENCE Nort: t?-' degrees 43 minutes 40 seconds East along the South line of said Norton tract. a
distance of 173 Q'9 feet to a found 112' irvn rod at tr-e NoflriwPst corner of Lot 1, V%lill °am rlar,ir ,.Jdition
THENCE South GO degrees 22 minutes 05 seconds East. pass.na at =77,00 feet a found 1 ?2" icon roc, a'
the Southv est corner of said Lot ' , and cortinuinc for a total distance of 2G2.00 feet tc a se' P K. nail in
the abc-ve rentir,nGd Rarrcol Mill Avenue.
THENCE South 88 degrees 50 minutes 21 seconds b"dest, in said Randol Mill Avenue. a distance of 174 4C
feel to the POINT OF BEGINNING, an n. ;ontainng 35.153 square feet or 0.807 acre of land. mo or :ess.
Page 7
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INVOICE .....
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: I12588
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 02/24/2004
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 02/29/2004
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number:
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: 2/22/04 AD# 237989
Publication Date: 02/24/2004
, g." ciTY of
l s a #:.... SOUTHLAKE Location Col Death !alma e :MU Rats Amount
ORDINANCE NO.
480-429
AN ORDINANCE
2/22/04 AD#237989851 AMENDING ORDI- S91.29
NANCE NO. 480 AS
AMENDED, rTHE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
TEXAS;SOUTHLAKE„
Gt
A ZONING CHANGE Net Amount: $91.29
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
TRACT 2B6 OF THE
W. MARTIN SUR-
VEY, ABSTRACT
NO. 1068, AND BE-
ING APPROXI-
MATELY MORE AFULLt
AND COMPLETELY
DESCRIBED IN EX-
HIBIT"A"FROM"AG"
AGRICULTURAL
DISTRICT TO "SF-
20A" SINGLE FAMI-
LY RESIDENTIAL
DISTRICT AS DE-
PICTED ON THE ,yQF �" CHRISTY L.HOLLAND
APPROVED CON-
CEPT PLAN AT- ;`( `l MY COMMISSION EXPIRES
TACHED HERETO h1
AND INCORPORAT- :
ED HEREIN AS EX- `'� ,a •' JULY 31,2004
HIBIT "B", SUBJECT
THE STATE OF TEXAS TO THE SPECIFIC
REQUIREMENTS
County of Tarrant CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OF-
FICIAL ZONING
Before me, a Notary Public MAP; PRESERVING nd State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
ram publis ALL OTHER POR-
for the Star-Tele
g ZONING OF ORDE m, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn, did depose and say
that the attached clipping of NANCE; DETER-ublished in the above 3med paper on the listed dates: BIDS 8T LEGAL DEPT. STAR TLEGRAM
(817) 390-7320 •
PUBLIC INTEREST
MORALS AND GEN- (...A.
Ak....
ERAL WELFARE
DEMAND THE ZON-Signed
ING CHANGES AND g
AMENDMENTS C,
HREI
SUBSCRIBED AND SWORN PROVIDING MTHAT IS Wednesday, Marc r 2 4.. ,
THIS ORDINANCE �
SHALL BE CUMU-
LATIVE OF ALL a //
ORDINANCES;, otaryPublic
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
Thank You For YoL PROVIDING A SAV-
INGS CLASE-
PROVIDING FOF1
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vio-
Remit To: Star-Tele4 neglecdts orerefus omits,
Customer ID: CIT57
comply with or who
me
P.O. Box ntsofthafYer fo the Customer Name: CITY OF SOUTHLAKE
provisions of this or-
FORT W( notamorehthan fined
1-2051 Invoice Number: I12588
Thousand Dollars
($2,000.00) for each
offense.Each day that Invoice Amount: $91.29
a violation is permitted
to exist shall consti-
tute a separate of-
fense. PO Number:
PASSED
AP-
PROVED S THE
17th DAY OF FEB- Amount Enclosed: S
INC TFHE2REGULAR
CITY COUNCIL
MEETING.
MAYOR:
gangs Andy
ATTEST: Lori Farwell,
City Secretary
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 237161311
FORT WORTH,TX 76102
FOR 390-7761 Invoice Date: 02/01/2004
(817)
Federal Tax ID 22-3148254 Terms: NetNet due in 21 days
Due Date: 02/29/2004
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23716131
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 02/01/2004
ties i lltinn ocation Cot Depth Linage .MU Rafe Amount
CITY OF SOUTHLAKE Notice is he I3580 1 121 121 LINE $1.34 $162.14
I-CITY OF
LAKE y Mvs;�f:;
Notice
the CityCity Cauidell d'.
the City of Southlak}:', $162.14
Texas, that a pubttit Net Amount:
hearing will be held
on February 17,2004,
at 6:00 p.m. or im-
mediately following
the Work Session; PENALTY FOR VIO- offense.Each day that
during the Regular CATIONS HEREOF; a violation Is permitted
City Council meeting PROVIDING A SAV- to exist shall consti-
to be held in the•City INGS CLAUSE tute 9 separate of-
Council Chambers of PROVIDING FOR 'tense.
Town Hall,1400 Main- PUBLICATION IN City of Southlake
Street, Southlake,. THE OFFICIAL Lori Farwell
Texas.Purpose of the NEWSPAPER,' AND City Secretary
public hearing is td PROVIDING AN EF-
consider the second FECTIVE DATE.
reading of the fol- SECTION 7.
lowing ordinance: Any person, firm or
ORDINANCE NO. corporation who vio-
480-429 lates,disobeys,omits,
AN ORDINANCE neglects or refuses to
AMENDING ORDI- comply with or who
NANCE NO.480 AS resists the enforce-
AMENDED 'THE ment of any of the
ZONING EHENSIVDE provisions of this or-
ppRq dinance shall be fined
NANCEOFTHECITY PROVIDING A SEV- not more than Two C►
OF SOUT-ILAKEr, ERABILITY CLAUSE; Thousand Dollare � •{ CHRISTY L.HOLLAND
TEXAS; GRANTINN66 PROVIDING FOR A ($2,000.00) for each • ._
A ZONING CHANGE MY COMMISSION EXPIRES
THE S ON A CERTAIN
TRACT OR TRACTS
*�
OF LAND WITHIN "'w JULY 31,2004 �1'
Count) SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
Before TRACT 2B6 OF THE
for the W.
ABSTRACT- i for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
that thl NG 106s, AND-o ,y the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say
(817) ANDTEIMOREACRELs,• ivertisement was published in the above med paper on the listed da es: BIDS 81 LEGAL DEPT. STAR TLEGRAM
AND COMPLETELY
DESCRIBED IN.EX- r
HIBIT "FROM",A'
AGRICULTURAL
DISTRICT TO- SF-- Signed L�
SUBSCR 20A" SINGLE FAMI-.
LY RESIDENTIAL
DISTRICT AS' .DE BEFORE ME, THIS Thursday, Fe u
PICTED ON - THE
APPROVED CON-. 5, 2004.
CEPT PLAN. '.AT- •
TACHED HERETO
AND INCORPORAT- Notary
HIBIT "BBEI SUBJECT Public
TO THE SPECIFIC
Thank } REQUIREMENTS
CONTAINED IN THIS
ORDINANCE; COR- .yment
RECTING THE OF-
FICIAL ZONING
MAP; PRESERVING ®——— —————--...e.,....A___. ......__®. em. _....,. ._..._
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
NANCE; DETER-
MINING THAT THE
Remit 7 PUBLIC INTEREST, Customer ID: CIT57
MORALS AND GEN-
ERAL WELFARE
ING CHANGES ZAOND )5 1
AMENDMENTS Customer Name: CITY OF SOUTHLAKE
HERTHIS EtN THAT rM'ADE H, TX 76101-2051 Invoice Number: 237161311
TH OFGpI U
SHALL BE CU
O R'DEN A°N C Invoice Amount: $162.14
PO Number:
Amount Enclosed: $