480-466CITY OF SOUTHLAKE TEXAS` €'C^r,
ORDINANCE NO.480-466 � °' n
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
1G3, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO.350,
BEING APPROXIMATELY 1.035 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 property is currently zoned as "AG" Agricultural District under
the City's Comprehensive Zoning Ordinance; and
Case No.
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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,
Case No.
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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 1 G3, situated in the J. Chivers Survey, Abstract No. 350, being approximately
1.035 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" and subject to the following:
1. The fence line along the south property line being wrought iron for approximately 174
feet (lot 16) with the remaining portion to be wood fencing (lot 15).
Case No.
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2. The following considerations regarding compliance with the Land Use Plan:
a. this property can be considered part of the overall Oak Pointe project and as a result, it
equates to approximately one house per acre;
b. these two new lots abut the open area;
C. it will eliminate an eyesore
3. Concept Plan Review Summary No. 3, dated September 2, 2005:
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
Case No.
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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.
Case No.
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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 day of 1, 2005.
MAYOR
ATTEST:
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CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the q+h day of ,(' , 2005.
MAYOR
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ATTEST: ,,o SO-rjj
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Case No. rpfl `>•,
ZA05-051
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: 2.7-
ADOPTED: flfv
EFFECTIVE: �� 10105
Case No.
ZA05-051 Page 7
EXHIBIT "A"
Being Tract I G3, situated in the J. Chivers Survey, Abstract No. 350, being approximately 1.03 5 acres.
Area Surveying, Inc.
REGISTERED PROFESSIONAL LAND SURVEYORS
135 Sheiffield Drive
Fort Worth, TX 7613.4
8111-29315684
FIELD NOTES
Description for a tract of land in the Joel W. Chivers Survey, Abstract
Number 350, City of Southlake, Tarrant County, Texas, and being a portion
of a tract of land of land described in a deed to James Starling McPherson,
recorded in Volume 2875, Page 36, Deed Records, Tarrant County, Texas,
and being described by metes and bounds as follows:
BEGINNING at a point in Ridgecrest Drive at the northeast corner of a 1.416 acre tract
of land described in Volume 6064, Page 800, Deed Records, Tarrant County, Texas,
said being by deed call, South 88 degrees 40 minutes East, 1690.77 feet and South 01
degrees 21 minutes West 1026.43 feet from the northwest corner of said Chivers
Survey;
THENCE South 89 degrees 53 minutes 03 seconds West a distance of 362.90 feet to a
5/8" iron pin found in the east line of Lot 8, Block 2, OAK POINTE, according to the plat
recorded in Cabinet A, Slide 9362, Plat Records, Tarrant County, Texas;
THENCE North 02 degrees 20 minutes 04 seconds East a distance of 124.72 feet along
the east line of said Block 2, to an axle found for an angle point in the east line of Lot 7
of said Block 2, and for the most southerly southwest corner of Lot 14 in said Block 2;
THENCE North 89 degrees 53 minutes 03 seconds East at 334.47 feet passing a 1/2"
iron pin found with cap marked, "AREA SURVEYING" for the southeast corner of Lot
14, in all, a total distance of 360.80 feet to a point in Ridgecrest Drive;
THENCE South 01 degree 22 minutes 12 seconds West a distance of 124.65 feet to the
POINT OF BEGINNING, said described tract containing 1.035 acre of land, and being
the same tract described in a deed to H Creek Development, L.L.C., recorded in County
Clerk's File Number D204191758, Deed Records, Tarrant County, Texas.
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Case No.
ZA05-051
Page 8
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Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
INVOICE
RECEIVED
OCT 1g2W5
Bill To:
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
ABLE
CITY OF SOUTHLAKE ORDINANCE NO I3580
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said Cc
for the Star -Telegram, published by the Star-T
depose and say that the attached clipping c
LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN TO BEFORE ME, THIS
Thank You For Your Payment
---------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 7
tsorr
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the
of an
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Customer ID:
CIT57
Invoice Number:
261436501
Invoice Date:
10/7/05
Terms:
Net due in 21 days
Due Date:
10/31/05
PO Number:
42599
Order Number:
26143650
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
10/7/05
1 108 108 LINE $0.81 $87.48
Net Amount:
$87.48
personally appeared Lisa Wesselman, Bid and Legal Coordinator
th, in Tarrant County, Texas; and who, after being duly sworn, did
rblished in the,pbove named paper on the listed dates: BIDS &
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Customer ID: CIT57
Customer Name: CITY OF SOUTHLAKE
Invoice Number: 261436501
Invoice Amount: $87.48
PO Number: 42599_
Amount Enclosed: $�
INVOICE -
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
CITY OF SOUTHLAKE Notice is he
THE STATE O
County of Tarr
Before me, a N
for the Star -Tel
that the attache
(817) 390-72
SUBSCRIBED E
Thank You
Remit To:
Customer ID:
CIT57
RECEIVED
Invoice Number:
260633081
Invoice Date:
9/18/05
Terms:
Net due in 21 days
OCT 1 7 2005
Due Date:
9/30/05
PO Number:
42580
OFFICE OF CITY SECRETARY
Order Number:
26063308
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
9/18/05
13580
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
gprovisions of this or-
inance 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.
City of Southlake
Lori Farwell
City Secretary
1 121 121 LINE $1.34
Net Amount:
E
CHRISTY L. HOLLAND
* MY COMMISSION EXPIRES
July 31, 2008
$162.14
$162.14
lid County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
ament was published in the above named paper on the listed dates: BIDS 8L LEGAL DEPT. STAR TLEGRAM
t n , t . 'I
Signed
RE ME, THIS Thursday, Sepjmjl I� 19, 2005.
Notary Public
iI
TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
260633081
$162.14
42580
1$