480-484
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-484
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 A PORTION OF LOT 1, BLOCK
1, ARNOLD ESTATES, BEING APPROXIMATELY 2.96
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY
RESIDENTIAL ESTATE DISTRICT TO "R-PUD"
RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT,
AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING PUD DEVELOPMENT STANDARDS, 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 "RE" Single
Family Residential Estate 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 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 a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of
Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat
Records, Tarrant County, Texas, being approximately 2.96 acres, and more
fully and completely described in Exhibit "A" from "RE" Single Family
Residential Estate District to "R-PUD" Residential Planned Unit Development
District as depicted on the approved Development Plan, including PUD
development standards, attached hereto and incorporated herein as Exhibit
"B", and subject to the following specific conditions:
1. using pavers on the driveways;
2. mitigating any trees affected by construction;
3. changing the south line of the building area on Lot 1R2 from a
distance of 10 feet from the south face of the existing home to align
20 feet north of the two trees as depicted on the exhibit;
4. requiring Lot 1R2 to be limited to 1,000 sf maximum on accessory
buildings;
5. requiring the applicant or if sold, the new owner, to demonstrate no
adverse affect from drainage on adjoining properties prior to any type
of building permit being issue;
6. allowing no more than one access drive onto Highland from each lot;
and
7. subject to Development Plan Review Summary No. 3, dated May 10,
2006.
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 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.
PASSED AND APPROVED on the 1st reading the 2nd day of May, 2006.
a-~
MAYOR
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CITY SECRETAR s ,r`
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PASSED AND APPROVED on the 2nd reading the 16th day of May, 2006.
MAYOR
ATTEST:
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CITY SECRETAR5
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APPROVED A FORM AND LEGALITY:
CITY ATTORNEY
DATE: l zl A?
ADOPTED:
EFFECTIVE: v519d)R
EXHIBIT "A"
Being a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake,
Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County,
Texas, being approximately 2.96 acres.
OWNER`S CE"FICATE
STATE.` `OE TEXAS
COUNTY--OF TARR1wT
WHEREAS, Mills Custdrn Homes, Inc., Is'the,.solo owner of a portion of Block" T Lot
1- situated €a the {vnold Estates Addison-ta the City, of .Southlake,- Tarrant County;,
Trios, accordfnq~to~the' deed recorded in Volume 16133„Page-387, DRTC.:and
Cabinet A,, Slide 387`PRTCT, and more particularly :described,an follows: `
BEING=.a portion of {.qt -1Block, f,. Arnold Estates; Ye carded In Volume 15153, Page
397; and Cab€net'A Slide 387,.Plat,Records Tarrant County, Toxas, also known as
Block
ds asot IA', rranF;'App~ateaf District and-ba;ng degcribed'by rrietea and,
BEGINNING at. A' iron pirY in 'the'presant"north r<ght°ohxay_ Unc of West Kbhland~
Road; being; the. southeast comer-61 this"tract;,
THEN-CC South 891132!00" Yfest alcng.the north rfght70f:-Wqy 'line 61 Went Highland
Rood 344..79'.feet Ito'-o" iron' rod for the southwest-comer of thin-tract;,
THENCE North CO'25',2I West 374.68 feet: 'to:: a 17 €rhn;.pin"for tF a ;norihoac{= o'rt ec'
of this-tract;' `
THENCE South 00'18'33~:£ant, 373:30 feet to the point of begirininq:dnd coritoining
129,068:280 square='fcet:or 2?63'pcres of land.
PUD Regulations
This Residential Planned Unit Development shall abide by the "SF-
1A" Single Family Residential Zoning District and the Subdivision
Ordinance No. 483, as amended with the following exceptions:
Open Space - 20 percent open space placed within a preservation
easement. The preservation easement will only permit
residential driveways, fencing/walls and entry gates
within the area. Paved areas shall be of a permeable
material. Trees removed for construction to be mitigated
on a 1" to 1" caliper size basis.
Minimum Lot Area - 1.25 acres
Minimum Floor Area - 4,000 square feet
Maximum Accessory Buildings - 2 with total area of 2,500 square
feet per lot.
Minimum Masonry Standard - 80% Masonry or true stucco
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INVOICE "raft Onl
,
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 270118371
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 5/19/06
Federal Tax ID 22-3148254 Terms: Net due in 21 days
MAY 3 12006 Due Date: 5/31/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST Order Number: 27011837
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn LAURAL . SLEZACK Publication Date: 5/19/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 I 112 112 LINE $0.81 $90.72
THE OFFICIAL
CITY OF NEWSPAPER AND
SOUTHLAKE PROVIDING AN EF-
ORDINANCE FECTIVE DATE.
NO. 480-484 SECTION 7. Net Amount: $90.72
AN ORDINANCE Any person, firm or
AMENDING ORDI- corporation who vio-
NANCE NO. 480 AS lates,disobeys,omits,
AMENDED, 'THE neglects or refuses to
COMPREHENSIVE comply with or who
ZONING ORDI- resists the enforce- I
NANCE OF THE CITY ment .of any of the
OF SOUTHLAKE provisions of this or-
TEXAS' GRANTING dinance shall be fined
A ZONING CHANGE not more than Two
ON A CERTAIN Thousand Dollars
TRACT OR TRACTS ($2,000.00) for each
OF LAND WITHIN offense.Each day that
THE CITY OF a violation is permitted
SOUTHLAKE TEX- to exist shall consti-
AS BEING LEGALLY tute a separate of-
DESCRIBED AS A fense.
LC PORTION OF LOT
PASSED
VEED THIIS TD HE - - --
ESTATES BEING 16th DAY OF MAY �, •.
APPROXIMATELY 2006 DURING THE 1+1
' 2.96 ACRES, AND REGULAR CITY �•?°`,;, CHRISTY L.HOLLAND
MORE FULLY AND COUNCIL MEETING. •
COMPLETELY DE- MAYOR: Andy N, /\ a MY COMMISSION EXPIRES
' SCRIBED IN EXHIBIT Wambsganss ° p�yi;r' July 31,2008
A" FROM "RE" ATTEST: Lon Farwell,
SINGLE FAMILY City Secretary
r RESIDENTIAL ES-
- TATE DISTRICT TO
THE STATE OF TEXAS I "R-TIAL PLANNED DIDUN T
County of Tarrant DEVELOPMENT
DISTRICT, AS DE-
- PICTED ON THE
APPROVED DEVEL-
Before me,a Notary Public in c OPMENT PLAN, IN- J State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
CLUDING PUD DE-
for the Star-Telegram,publlshe( VELOPMENT STAN- Inc.at Fo r Worth, in Tarrant County,Texas;and who, after being duly sworn, did
depose and say
that the atta HHEREETO ATTACHEDS ND IN-c� C O R P O R A T E D /ertise en as published i the above named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM HEREIN AS EXHIBIT
"B" SUBJECT TO
(817) 390-7320 - THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS /A,
ORDINANCE; COR- /
RECTING THE OF- I _
FICIAL ZONING
MAP; PRESERVING
SUBSCRIBED AND SWORN TO BE ALL OTHER POR-
TIONS OF THE y, May 22, •.6./
ZONING ORDI-
NANCE; DETER-
MINING //
UBLIC INTEREST,THE Public
MORALS AND GEN- — ` l
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
Thank You For Your Pa, AEREIN D M MADE
PROVIDING THA1
_._-.. . THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
ERABILITY CLAUSE;
PROVIDING FOR A
Star-Telegram LPATIONS Y FOR
Customer ID: CIT57
Remit To: PROVIDING A SAV-
P.O. BOX 901C PROVIDING CLA FOR Customer Name: CITY OF SOUTHLAKE
PUBLICATION IN
FORT WORTH, TX 76101-2051 Invoice Number: 270118371
Invoice Amount: $90.72
PO Number: NO PO
Amount Enclosed: $
INVOICE Draft Only'
Star-Telegram [� \ Customer ID: CIT57
400 W.7TH STREET R C C E I �//L.D Invoice Number: 267544071
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 3/17/06
Federal Tax ID 22-3148254 MAR 2 7 2006 Terms: Net due in 21 days
Due Date: 3/31/06
Bill To: OFFICE OF CI-Y SECRETARY PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 26754407
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
—CITY OF souTM- Publication Date: 3/17/06
Attn Attn: ACCOUNTS PAYABLE LAKE
Notice is hereby given
by the City Council of
Description the City of Southlake,)l Depth Linage MU Rate Amount
p Texas, that a public
hearing will be held
on April 4, 2006, at I
CITY OF SOUTHLAKE Notice is lie 6:00 p.m. or,immedi- 1 1 15 115 LINE `h0.81 S93.15
ately following the
Work Session, during
the Regular City
Council meeting to be
held in the City
Council Chambers of
Town Hall,1400 Main Net Southlake, Amount: $93.15
Texas.Purpose of the
public hearing is to
consider the second
reading of the fol-
lowing ordinance:
ORDINANCE NO.
480-484
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480THE
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 Lk`GALLY — -
DESCRIBED AS A r
PORTION OF LOT 1 M".y'`'.,
BLOCK 1, ARNOLD 1:''°' �` CHRISTY L.HOLLAND
ESTATES BEING I I t.: '- MY COMMISSION EXPIRES
APPROXIMATELY II':;" P:` July 2.96 ACRES, AND * ,
MORE FULLY AND JF^:
THE STATE OF TEXAS COMPLETELY DE- l.....3.sa
Countyof Tarrant SCRIBED IN EXHIBIT
A" FROM "RE"
SINGLE FAMILY'
RESIDENTIAL ES-
Before me, a Notary Public in and for said•Ct TSF EA IsrRSINGLE'day personally appeared Usa Wesselman, Bid and Legal Coordinator
for the Star Telegram, published by the Star-1 TIALLILY DISTRACT r Worth,in Tarrant County,Texas;and who, after being duly sworn,did
depose and say that the attached clipping SPEC°IC TO RE was ublished in the above named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM QUIREMENTS CON-'
TAINED IN THIS '
(817) 390-7320 ORDINANCE; COR-
RECTING THE OF-
FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
SUBSCRIBED AND SWORN TO BEFORE ME,THI MIINING THAT THE ),
PUBLIC INTEREST,
MORALS AND GEN-
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE_;
PROVIDING THA
Thank You For Your Payment SHALL ORDINANCE
BE ANC
CUMU-
LATIVE OF ALL
ORDINANCES; —
PROVIDING A SEV-
ERABILITY CLAUSE_,'
PROVIDING FOR ,
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
Remit To: Star-Telegram ROVIDING FOR Customer ID: CIT57
THE LICATIOFFICIAL
P.O. BOX 901051 NEWSPAPER; AND Customer Name: CITY OF SOUTHLAKE
PROVIDING AN EF-
FORT WORTH, TX i FECSI'CTION7 Invoice Number: 267544071
Any person, firm or
corporation who vio-
lates,disobeys,omits, Invoice Amount:
neglects or refuses to
comply with or who
resists the enforce- PO Number: NO PO
ment of any of the
provisions of this or-
dinance shall be fined Amount Enclosed: $
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.
City of Southlake
Lori Farwell
City Secretary