480-475
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-475
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 TRACTS
2Bl & 2B4, SITUATED IN THE A.A. FREEMAN SURVEY,
ABSTRACT NO. 522, BEING APPROXIMATELY 2.81 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF-IA" SINGLE
FAMILY RESIDENTIAL 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 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
WHEREAS, a change in the zoning classification of said property was requested by a person or
Page 1
corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of South lake, 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
Page 2
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 South lake, 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 ofland 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 Tracts 2B1 & 2B4, situated in the AA Freeman Survey, Abstract No. 522, being
approximately 2.81 acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "SF-1A" Single Family Residential District.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of South lake,
Texas, to reflect the herein changes in zoning.
Page 3
SECTION 3.
That in all other respects the use of the tract or tracts ofland 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 South lake, 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 ofthe character ofthe 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 ofland described herein shall be declared to be invalid,
Page 4
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 ofthe City of South lake 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 South lake 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 January, 2006.
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PASSED AND APPROVED on the 2nd reading the 17th day of January, 2006.
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CITY SECRET AR
APPROVED AS TO FORM AND LEGALITY:
Oee..
DATE:
ADOPTED:
1-20- Olp
EFFECTIVE:
Page 6
EXHIBIT "A"
Being Tracts 2Bl & 2B4, situated in the AA Freeman Survey, Abstract No. 522, being approximately 2.81
acres:
STATE OF TEXAS }
COUNTY OF TARRANT
WHEREAS, WE, Charles M. McPherson and Lou E. McPherson. ate the owners of two (2) tracts of land
situated in the A.A. Freeman Survey, abstract No. 522, City ofSouthlakc, County of Tarrant, according to
the deeds recorded. in Volume 3801, Page 436 and Volume 4937, Page 518, Deed Rc;cords, Tarrant County,
Texas and being more particularly described as one tract as follows:
BEGIl"t'"NING at a 5/8 inch iron. rod found with plastic cap identified as "Ward 2014" in the north line of said
McPherson Tract recorded in Volume 4937, Page 518 and also in the south line of Lot 12, Block 3, Cross
Timber Hills Addition; an addition to said city according to tile plat of same filed in Volume 388/177, Page
97, l"lat Records, Ta.rrant County, Tex&s(pRTCT); and also b<..'ing the most northerly northeast corner of a.
1.034 acre tract described in the deed to Shane Conrad Alexander and Kathleen Price Alexander recorded
in CoUrtty Clerk'sflle No. # ))205190621, Deed Records, Tarrant County, Texas;
THENCE N 89011'46" E, 449.30 feet along the north line of McPherson's two tracts and the south line of
Cross Timber Hills Addition to a 1/2 incl1iron rod set with plastic cap stamped (4 Landes & Assoc."
(hereinafter all 1/2 inch iron rods are so marked) in the westerly line of a tract or parcel of land described
in the ROW deed to City of South lake also known as North Peytonville Avenue according to the instrument
recordw in Volume 10745, Page 1388, Deed Records, Tarrant County, Texas:
THENCE along tbe westerly line of said ROW tract the following courses and distances:
S 270 27' 18" W, 259.32 feet;
S 20Q 29' 18" W, 101.08 feet;
S 130 15' 18" W, 61.99 feet to the southeast corner of this tfact and the north line of a 1.507 acre tract
described in the "Alexander" deed;
THENCE along the centerline of a 60 feet wide ingress-egreS1J easement recorded in Volume 5019, Page
884, Plat Records, Tau-ant County, Texas and the northerly line of Alexander's 1.507 ac,re tract and the
easterly line of Alexander's 1.034 acre tract the following courses and distances:
S 880 42' 59" W, 190.32 feet to a 5/8 inch iron rod with Ward cap found;
N 81012' 01" W. 24.89 feet to a 5/8 inch iron rod with Ward cap found at the southeast comer of said 1.034
acre tract;
N 000 26' 13" W, 200.49 feet to a wood fence corner post found;
S 880 561 46" W, 60.80 feet to a wood comer fence post fOillld;
N 00" 551 46ft W. 179.95 feet to the POINT OF BEGINNING and containing 2.810 acres ofland.
Page 7
INVOICE
Star-Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 265254221
FORT WORTH,TX 76102 RECEIVED
(817)390-7761 Invoice Date: 1/20/06
Federal Tax ID 22-3148254 Terms: Net due in 21 days
F E B 1 3 2006 Due Date: 1/31/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26525422
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE • Publication Date: 1/20/06
.71
I .�* - of • epth Linage ¢'<� I I I
® SOUTHLAKE
ORDINANCE5
CITY OF SOUTHLAKE ORDINANCE AN NO.p RINANSE 1 I03 103 LINE $0.81 $83.43
AMENDING OR !-
NANCE NO. 480 AS
AMENDED, 'THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY $83.43
OF SOUTHLAKE, Net Amount:
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
OFACLAND WITHIN
THE CITY OF'.
SOUTHLAKE TEX-
AS BEING LEGALLY'
TRACTSDESCRIBED
2B1 &2B4
SITUATED IN THE
A.A. FREEMAN
SURVEY, AB-
STRACT NO. 522,
BEING APPROXI-
MATELY 2.81
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED
"A"
IN"AG"
AG-
RICULTURAL DIS-
TRICT TO "SF-1A"
SINGLE FAMILY ,;,
RESIDENTIAL DIS- :••••Y>:': CHRISTY L.HOLLAND
TRICT SUBJECT TO :,: a: MY COMMISSION EXPIRES
THE SPECIFIC RE- ;
QUIREMENTS CON- . :. July 31,2008
TAINED IN THIS o,fW't,
THE STATE OF TEXAS ORDINANCE; COR-
RECTING THE OF-
Countyof Tarrant FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
Before me,a Notary Public in and for saic ZONING ORDI- this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
NANCE; DETER-
for the Star Telegram, published by the St MINING THAT THE =
PUBLIC INTEREST, oil Worth, in Tarrant County,Texas;and who,after being duly sworn, did
depose and say that the attached clippie MORALS
AND
ant w s published in the above named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM DEMAND THE ZON-
(817) 390-7320 A MMEE N CHANGES T S
ANDDMENTS
HEREIN MADE
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES;
PROVIDING A SEV-
SUBSCRIBED AND SWORN TO BEFORE ME, ERABILITY CLAUSE; nuary
PROVIDING FOR A t� / J
PENALTY FOR VIO- 1 / /LATIONS HEREOF; �`
AV-
INGS IDINGCLAUSE,
PROVIDING FOI4
PUBLICATION IN
Thank You For Your Payment THE OFFICIAL
NEWSPAPERA
AND
PROVIDING AN EF-
FECSECTIDATE.. --------------- ------------------ ------------------ --------
Any —person, firm or
corporation who vio-
lates,disobeys,omits,
neglects o refuses too
comply with
or
resists the enforce-
Remit To: Star-Telegram ment of any of the Customer ID: CIT57
provisions ot this or-
no t more thanl fined
P.O. BOX 901051 Thousand Dollars Customer Name: CITY OF SOUTHLAKE
($2,FORT WORTH, TX ' offense.Ea00) for each
-violation is permitted
that Invoice Number: 265254221
a is permitted
to exist shall consti-
tute a separate of-
fense. Invoice Amount: $83.43
PASSED AND AP-
PROVED THIS THE PO Number: NO PO
17th DAY OF JANU-
ARY, 2008 DURING
THEu REGULAR CITY
MAOOR:IL MEETIAfndG..y Amount Enclosed:
ATTE Secret rvFarwell,
INVOICE Draft Only
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 264773431
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 1/5/06
Federal Tax ID 22-3148254 F E B - 1 2006 Terms: Net due in 21 days
Due Date: 1/31/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST Order Number: 26477343
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn: ACCOUNTS PAYABLI:Attn Publication Date: 1/5/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he I,580 I 116 116 LINE $0.81 $93.96
CITY OF Any person, tirm or
SOUTHLAKE corporation who vio-
Notice is hereby given laces,disobeys,omits,
by the City Council of neglects or refuses to
the City of Southlake, comply with or who
Texas, that a public resists the enforce- $93.96
hearing will be held ment of any of the Net Amount:
on January 17, 2006, provisions of this or-
at 6:00 p.m. or im- dinance shall be fined
mediately following not more than Two
the Work Session, Thousand Dollars
during the Regular ($2,000.00) for each
City Council meeting offense.Each day that
to be held in the City a violation is permitted
Council Chambers of to exist shall consti-
Town Hall, 1400 Main tute a separate of-
Street, Southlake, Tense.
Texas.Purpose of the City of Southlake
public hearing is to Lori Farwell
consider the second City Secretary
reading of the fol-
lowing ordinance:
ORDINANCE NO.
480-475
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS .. --
AMENDED, 'THE __ -
COMPREHENSIVE
ZONING ORDI- .,, D
NANCE OF THE CITY ;ig1K`�'� ;;. CHRISTY L.HOLUW
OFTE S GU HLAKECEE .* �= MY COMMISSION EXPIRES
A ZONING CHANGE %?.• fi July 31,2008
ON A CERTAIN '•„',F,'V 1`'�
THE STATE OF TEXA ACT
ANND WITHIN
OF
County of Tarrant SOHUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED
RACT S2B1 & 264
Before me,a Not. SITUATED IN THL aid County and State,this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegrc A.A.VEY, FREE As Star Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did
depose and say tt BEING T ANPPPROX2, •ing of an adv ise ent was published in the above named paper on the listed dates: BIDS&
LEGAL DEPT. STAR ACRES,AND MORE "
(817) 390-7320 LA
ND C DE- l
SCRIBED IN EXHIBIT /V
"A" FROM "AG" AG-
RICULTURAL DIS- Signed
TRICT TO "SF-1A"
SINGLE FAMILY
SUBSCRIBED AND E TRICTESUBJECTDTOTuesday,January „
THE SPECIFIC RE-
QUIREMENTS CON-
TAINED IN THIS
RECTNNGCTHEC Notary Public
OF-
FICIAL ZONING
MAP; PRESERVING
ALL OTHER POR-
Thank You For ZONING OF ORDI-
NANCE; DETER-
MINING THAT THE
PUBLIC INTEREST,
MORALS AND GEN-
ERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
Remit To: Star PROVIDING MADE,*
THIS ORDINANCE Customer ID: CIT57
SHALL BE CUMU-
P.O. LATIVE OF ALL Customer Name: CITY OF SOUTHLAKE
ORDINANCES;
FOR PROVIDING A USE;
PROVIDING FOR A 76101-2051 Invoice Number: 264773431
ERABILITY CLAUSE;
PENALTY FOR VIO-
LATIONS HEREOF;
V- Invoice Amount: $93.96
INGS CLAUSE
PROVIDING FOR
PUBLICATION IN PO Number: NO PO
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF- Amount Enclosed:
FECTIVE DATE.
SECTION 7.