480-486
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-486
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 TRACT
ICI, SITUATED IN THE J.W. CHIVERS SURVEY, ABSTRACT NO.
350, BEING APPROXIMA TEL Y 5.82 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY
RESIDENTIAL ESTATE 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
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 ofSoutWake, 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 SoutWake, 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 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 ofland 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 lCl, situated in the l.W. Chivers Survey, Abstract No. 350, being approximately
5.82 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
District to "RE" Single Family Residential Estate District.
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 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 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 ofland 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 South lake are expressly saved as to any and all violations ofthe
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
fi fteen (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 4th day of April, 2006.
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PASSED AND APPROVED on the 2nd reading the 18th day of April, 2006.
ATTEST:
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CITY SECRETA~
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CITY SECRETA~
TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: q,-q~7
ADOPTED: y -I ~ -0(0
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EXHIBIT "A"
Being Tract ICI, situated in the l.W. Chivers Survey, Abstract No. 350, being approximately 5.82 acres.
"'A18Of117BAe
0t:1UIII'Y0I" 'JMWft"
~ PelarlMe ancf Gmy I..ent ere the CMIllft ora tract oftand IocaI8d In the Joel
W. ChIYerI SuIvay, Abelmct No. 3SO, TammlCcunty. T-. and ~. caIEld 5.821
IICl1IIract d land d88aI)ed In 8 deed to PeI8t LIne _ GImy Lane, nlOllfd8d 88
D2034I7888.Deed ReconII. T8IIIII1l County. T.... and belng mDf8 pedIcjady
deecrIled _~:
BEGINNING lit. tI2" IRln a wtIb. yeIIaw pl8atlcmp atamped "RPLS 5310" _In Ihe
East In8 ofRidglcnlJt Road. 30' 5UllIc rQht.of.way dedicated by plat I8COI'ded In CabInet
A, SIde 8381 (also Icnr:Mn at the Cl8I'lt8Ifmt of County Roed No. S018). .. lie ~
comer of 8e1d Lane Trac:t. aI80 being In <<' neer the centedlne of I grtMII J 88Ph8I roIId;
THENCE NoI'th 01"08'00" Eat,1Iong Il1e E88t line d I8ld RIdQ8a8st Road, a dIIItanc8 of
m.OOfl!lel to a 11'1' Iron rod 'WIlb. yelk:lw plaatJc cep *"1P8d"'RPLS 1310-.. at the
NorIbweet CCll'TMlf'of BIIId l.8ne tnKlt, and btMg the SouIhweet CIOtnlIr of . tnK:t of land
d8IcrIled In I deed to vtneentA. Vettar end De8nne Vetl8r, recanted 88 Jnatrument No.
0191159791, Deed Reconta, TBlI'8I1t County, TI!DlBI;
lHENCe In 8fl Eeatedy direction eIongthe comII'IOft n.... of said Lane and saldVeCler
Iracla, the foIlowtng CClUI'I88I1l'ld cIlIdanceII:
1) South W01'OO" E8It, a dIIItance of 230.00 feet to . 1J2" .iIQn rod wtth a yeIaw pIaBtlc
CGrP 8iUlrrlped "'RPLS 6310- eel tIr oonw;
2) NcIdh 01-o8W E8:st. a dIlltInce of 15.00 feet to. 112'" ton a with . )'8Iow pIIlIttc cap
atIIrrIped -RPLS 5310" .. far CDn'I8I';
3) South 88-01'00" Eat, . distance of 88.48 feet b . 1rr ton rod wIlh 81el1cw pIalIIc
CGrP alamped "'RPLS 5310- eetfer ClClmIr;
4) NorIl82"33'lXr E88t, 8 dIIIInce ct99.30 feet eo . 1r.r ton rod wIIh . yeIIaN pIIIUc cap
atamped 'RPI.S 5310" eat far comer;
5} North 5Ir12'OCr Eat, . dfstance d 113.53 feet to . 518" ImIl rod found for camer;
8) ScluIh 5fr'2S'OO" EaIt, . cIII8nct d 178.40 feet to . 6'8'\n:xl rod ftuId for aomer;
1} Sal,dh anew -=-. . dllII:II'IcI d 115.40 feet eo . w Iron rod tlund for comer at..
COl'l'lmC:lIl Eat comer rlllUt lMe ... 88ld V....118cta, and being lie SouI'lw8It c:omer
d alr8cl d I8nd d8ecIIwId In a deed to tbt Unbd SbdM of AmedcI, IUCGIded In VClIlne
2323. Page 1tT1, Deed Recolda, Tannt CcutIy. T.... and beIrv Ihe most Northern
comer of alract 0I1ar'1d d8IcrIled In . deed to Nny Carlan Bend. recorded k\ VCIUn8
10805. Plget1726. DeIId ReoDrdt. T.... COUntJ'. Texas;
THENCE SouIh 30"35'00" Welt. a d1Itance of 425:1' feet lD .1J2" Iron rod wrGIe yeIow
pfadc cap amped "RPLS 5310" _In Iakt gI'IMlI/IlphaltRlld. 81.. common south
comet of AId lane and II8Id Band ~ 8ftd blmg In . ClIlN8 to... right, havtng a racfka
of 11UOfeel. a cenInII angle d43-s8"07". end. c;hordwhich beera Nodh 88"52'Q2"
West. a dI8lence of 88M tiel;
11iENCE In . Nrx1hw8stsrty dilecllan. COfltImIhQIaIong the SouItIIIn6 d I8ld line tI8ct
and IIIld CU'YIt ID lie !1ght.lIIlllOdIttence of 88.841eel1o a 1fl" Iron RId found 81'" end
0( aUt Cl.n'e;
THENCE North 44~ West, continuing .-ong eM Soutb line cl eaId Lent lr8ct and
&dong ... gravel J 8lIphaII1'Cl8d. . dla'lce d26.50 feet ID a 1J2" Iron rod found b comer
at the begR*lg de Q.nIJto tho left, h8vlng. ....1.18 cl105.10 _ a cennI engItd
59"25'19", encl. dw3rd whfcb IIeIn N74"39'21" WIlt" I dIItsnce of 104.18 feel:
THENCE In a NoI1IMCll!II8Ity dIrectJon. contirluIng along the SouIh /Ine d AId Lane tract
end 88Id curve to eMleIt, en en: dillllnca of 1 08.00 feet 10 . 1J2" WIn rOll found 8th end
d I8IcI a.rw;
tHENCE SOuth 75-.oc:rW. ~ oIong" SouIh h of tlIId..... AGt and
along.8ItId gnMlf I.... road, a dfIt8nc:a d298.t1O "'10" PLACE OF BEGINNING
end ClllIIt8Inng 5.821 acre or 253,577 IqU8nl fBet d land.
INVOICE DraftOttly '
Star-Telegram Customer ID: CIT57
400 W.7TH STREET Invoice Number: 269035111
FORT WORTH,TX 76102 RECEIVED
(817)390 7761 Invoice Date: 4/21/06
Federal Tax ID 22-3148254 Terms: Net due in 21 days
MAY -
8 2006 Due Date: 4/30/06
Bill To: PO Number: NO PO
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY Order Number: 26903511
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 4/21/06
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 103 103 LINE $0.81 $83.43
"A" FROM "AG" AG-
RICULTURAL pIS-
CITY OF TRICT TO RE"
SOUTHLAKE SINGLE FAMILY
ORDINANCE NO. RESIDENTIAL ES-
480- fib TATE DISTRICT
AN ORDINANCE SUBJECT TO THE Net Amount: $83.43
AMENDING ORDI- SPECIFIC RE-
NANCE NO.480 AS QUIREMENTS CON-
AMENDED, 'rHE TAINED IN THIS
COMPREHENSIVE ORDINANCE; COR-
ZONING ORDI- RECTING THE OF-
NANCE OFTHECITY FICIAL ZONING
OF SOUTHLAKE MAP; PRESERVING
TEXAS;ING CHANGE TION OTHERO THER
ON A CERTAIN ZONING ORDI-
TRACT OR TRACTS NANCE; DETER-
OF LAND WITHIN MINING THAT THE
THE CITY OF PUBLIC INTEREST,
SOUTHLAKE TEX- MORALS AND GEN-
AS BEING LEGALLY ERAL WELFARE
DESCRIBED AS DEMAND THE ZON-
ATTEDTIN THE J.W. AMENADMEENTS
CHIVERS SURVEY, HEREIN MADE
ABSTRACT NO.350, PROVIDING THAT
BEING APPROXI- THIS ORDINANCE
MATELY 5.82 SHALL BE CUMU-
ACRES, AND MORE LATIVE OF ALL `1..•.,.�•••11r _,...... I
FULLY AND COM- ORDINANCES;
PLETELY DE- PROVIDING A SEV- ,.�;..,j�i"•,,,
SCRIBED IN EXHIBIT ERABILITY CLAUSE; r CHRISTY L.HOLLAND
- PROVIDING FOR A c* MY COMMISSION EXPIRES 1
PENALTY FOR VIO •
-
LATIONS HEREOF; %{�„ +y` JU 31,200e
THE STATE OF TEXAS INGSVIDwCLAUSE '--•' "' ti
County of Tarrant PROVIDING FOR
IN --,,---
O
NEWSPAPER FI AND
Before me, a Notary Public in and for said Coun: FECOTIVENDGATE EF y personally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published bythe Star-Tele y SECTION it
9 An person, firm ,or xth, in Tarrant County,Texas;and who, after being duly sworn,did
depose and say that the attached clipping of a iatra°d siobevs onlila,IS u hed in the ab ve named paper on the listed dates: BIDS&
LEGAL DEPT. STAR TLEGRAM neglects or refuses to
(817) 390-7320 comply with or who
resists the enforce-
ment of any of the
provisions of this or-
dinance II pv
Sic t reh than finedw IiVhl
Thousand Dollars
($2,000.00) for each
SUBSCRIBED AND SWORN TO BEFORE ME,THIS M offense.ion isperh mtted
to exist shall enf-
tute a separate
att of-
fense.
f-
fense.
Ni PASSED AND AP- / Vi
PROVED
FILTDAY O APR 2008 DURING THE
REGULAR CITY
Thank You For Your Payment MAYUORIL MEETING.G.
Wambsganss
-ATTEST: Lori Farwell, _
City Secretary
•
Remit To: Star-Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 269035111
Invoice Amount: $83.43
PO Number: NO PO
Amount Enclosed
INVOICE y°niy
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 268161271
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 3/31/06
Federal Tax ID 22-3148254 Terms: Net due in 21 days
APR 1 b cuUb
Due Date: 3/31/06
Bill To: -, O Number: NO PO
CITY OF SOUTHLAKE OEEICE OF CITY SECRETARt
1400 MAIN ST rder Number: 26816127
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 SOUTHLAKE QF . 1 Description: CITY OF SOUTHLA
Notice is hereby given
theby the City o thia eof
, Publication Date: 3/31/06
City of Southlake,
Attn Attn: ACCOUNTS PAYABLF Texas, that a public
hearing will be held
I •p • on Apnl.186 ?oos, at,pth Linage MU Rate Amount
Description Local aiely p'olloowingR1Bthe
Work Session, during
CITY OF SOUTHLAKE Notice is he I3580 Councileetiing to be 116 116 LINE $0.81 S93.96
held in the City
Council Chambers of
Town Hall,1400 Main
Street, Southlake,
Texas.Purpose of the
public hearing is to
consider the second
reading of the fol- Net Amount: S93.96
lowing ordinance:
ORDINANCE NO.
480-486
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480 AS
AMENDED THE
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE
TEXAS;ING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE TEX-
AS BEING LEGALLY
DESCRIBED AS
TRACT 1C1, SITU-
ATED IN THE J.W.
CHIVERS SURVEY,
ABSTRACT NO.350, I
BEING APPROXI-
MATELY 5.82 i CHRISTY L.HOLLAND
ACRES, AND MORE MY COMMISSION EXPIRES
FULLY AND COM- ' ` .
PLETELY DE- J '±rs..y yt July 31,2008
THE STATE OF TEXAS SCRIBED IN EXHIBIT ak..
A" FROM "AG" AG- }•..,41
County of Tarrant RICULTURAL
"
SINGLE FAMILY
RESIDENTIAL ES-
Before me,a Notary Public in and for said County a SUBJECT DTO RTHT'sonally appeared Lisa Wesselman, Bid and Legal Coordinator
for the Star-Telegram, published b the Star-Tele ra SPECIFIC RE in Tarrant County,Texas;and who, after bein dul sworn,did
g y g RE-
QUIREMENTS CO�y� g y
depose and say that the attached clipping of an a TAINED IN THIS lish d in the above med paper on the listed dates: BIDS&
ORDINANCE; COR-
LEGAL DEPT. STAR TLEGRAM RECTING THE OF-
FICIAL ZONING
(817) 390-7320 MAP; PRESERVING
ALL OTHER POR-
TIONS OF THE
ZONING ORDI-
Signe NEHEMIINIG THAT DETER-
MININGPUBLIC INTEREST,
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesd ERAL LS WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS /--) ....—d.
Notal HEREIN MADE'
PROVIDING THA1
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
Thank You For Your Payment OPR D I NG A s S;
ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE•
PROVIDING FOR
77TT
Star-Telegram THE FFICIALOmer 1L:
Remi PUBLICATION IN
t To: b' NEWSPAPER AND
PROVIDING AN EF-
P.O. BOX 901051 FECTIVE DATE.
SECTION 7. omer Name: CITY OF SOUTHLAKE
Any person, firm or
FORT WORTH, TX 76101-21 iat a.d siobeys who ts,ice Number: 268161271
neglects or refuses to
comply with or who• $93.96
resists the enforce-ice Amount:
ment of any of the
provisions of this or-
dinance shall be fined umber: NO PO
not more than Two
Thousand Dollars -,
($2,000.00) for each)unt Enclosed: $
offense.Each day that
a violation is permitted
to exist shall constl-
•tute a separate of-
fense.y g Cf Southlake
on Farwell
Ity Secretary