480-529CITY OFFICIAL RECORD
OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-529
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 1B1A1 & 1111A, T.J. THOMPSON SURVEY,
ABSTRACT NO. 1502, BEING APPROXIMATELY 5.735
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT AND "S -P -1" DETAILED
SITE PLAN 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 and "S -P -1" Detailed Site Plan 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 Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502, being
approximately 5.735 acres, and more fully and completely described in Exhibit
"A" from "AG" Agricultural District and "S -P -1" Detailed Site Plan 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 conditions:
1. the representations made in the applicant's presentation to City Council at 2nd
reading;
2. noting the pond will be detention, internal to the subdivision, with masonry
fencing, requiring masonry fencing along the rest of the subdivision;
3. denying the requested variance to the sidewalk requirement along W.
Continental Blvd;
4. granting the requested variance to street width; and
5. subject to Concept Plan Review Summary No. 6, dated October 10, 2007:
a. Include a label and note identifying Lot 7 as an open space /storm
water detention lot and who will maintain the lot. If it is to be
dedicated to and maintained by the HOA note such. Please provide
the same for the Landscape /Wall Easement.
b. Label the type and height of any screening, walls and/or fences to be
provided.
c. Cobblestone Pavement within the ROW will be the maintenance responsibility of the
HOA and should be included in the deed restrictions for this subdivision.
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 21 day of August, 2007.
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YOR
ATTEST: :,•••••��,�TH'I.q�,'.�.
0: s
CITY SECRETARY]'
e
PASSED AND APPROVED on the 2nd reading the 16 day of October, 200y:
MAYOR
ATTEST:
CITY SECRETAR
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: IS-
ADOPTED:
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5 0,......,,4 E
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EFFECTIVE: I D M-101
EXHIBIT "A"
Being Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502, and being
approximately 5.735 acres, and being fully described as follows:
BEING a 5.735 acre tract of land in the T. J. Thompson Survey, Abstract No.
1502 situated in the City of Southlake, Tarrant County, Texas and being a
portion of those certain tracts of land as described in deed to Timothy W.
Livingston and wife, Lori B. Livingston as recorded in Volume 14460, Page 393
of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and to James B.
Arca as recorded in Instrument No. D204344283 D.R.T.C.T. and being more
particularly described as follows:
BEGINNING at a 1/2" iron rod found with a cap being by plat call the
southeast corner of Lot 5R1, Block C North Davis Business Park Addition an
addition to the City of Southlake, Tarrant County, Texas as recorded in
Cabinet A, Slide 2474 P.R.T.C.T. and said point being by deed call the
northeast corner of said Livingston tract and being by plat call a point in
the west line of Lot 43,
Block 1 Southlake Woods Phase 1, an addition to the City of Southlake,
Tarrant County, Texas as recorded in Cabinet A. Slide 5940 P.R.T.C.T.;
THENCE S 00 0 14' 09 W along the west line of said Southlake Woods Addition a
distance of 404.97 feet to a 5/8" iron rod found in the north right -of -way
line of West Continental Boulevard (right -of -way varies);
THENCE S 88 27' 57 W along said right -of -way a distance of 288.09 feet to a
3/4" iron rod found at the southwest corner of said Livingston tract and the
southeast corner of said Arca tract;
THENCE S 88 33' 11" W along said right -of -way a distance of 324.09 feet to a
5/8" iron rod found iron rod found at the southwest corner of said Arca
tract;
THENCE N 01 30' 43 W along the west line of said Arca tract a distance of
403.26 feet to a 5/8" iron rod found the northwest corner of said Arca tract;
THENCE N 88 24' 53" E along the south line of said Lot 5R1 a distance of
324.28 feet to a 5/8" iron rod found and said point being the northeast
corner of said Arca tract and being the northwest corner of said Livingston
tract;
THENCE N 88 19' 32" E along the south line of said Lot 5R1 a distance of
300.25 feet to the Point of Beginning and containing in all 249,820 square
feet or 5.735 acres of land.
EXHIBIT `B"
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INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
NOV 1 2 2007
Bill To: /� I,,
CITY OF SOUTHLAKE OFFICE OF Cl 1Y SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE ORDINANCE NO I3580
Misc Fee
THE STATE OF TEXAS
County of Tarrant
1 112
Customer ID:
CIT57
Invoice Number:
290260161
Invoice Date:
10/21/07
Terms:
Net due in 21 days
Due Date:
10/31/07
PO Number:
no po
Order Number:
29026016
Sales Rep:
005
Description:
CITY OF SOUTHLA
Publication Date:
10/21/07
Linage ;, MU Rate y„ Amount _
112 LINE
$1.34 $150.08
$5.00
Net Amount: $155.08
NOVp4e Ire, '
CHRISM L. HOLLAND
MY COMMISSION EXPIRES
July 31, 2008
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in t�above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501 1 (\ k, n n
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday, cter 4, 2007.
Notary Public
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 290260161
Invoice Amount: $155.08
PO Number: no po
Amount Enclosed:
CITY
DESCRIBED 'AS
TRACTS 1B1A1 &
1131A, T.J. THOMP-
SON SURVEY, AB-
STRACT NO. 1502,
BEING APPROXI-
MATELY 5.735
ACRES, AND MORE
FULLY AND COM-
PLETELY DE-
SCRIBED IN EXHIBIT
A" FROM AG"
AGRICULTURAL ,
DISTRICT AND "S-P
1" DETAILED SITE
PLAN DISTRICT TO
SF-20A" SINGLE
FAMILY RESIDEN-
TIAL DISTRICT, AS
DEPICTED ON THE
APPROVED CON-
CEPT PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX- y
HIBIT "B", SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
RECDTING TIDE OFFI-
CIALZONING MAP; Nov
PRESERVING ALL v U
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE- -i
TERMINING THAT
THE PUBLIC INTER-
EST MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE'
PROVIDING THAY
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER -
ABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
LATIONS HEREOF;
PROVIDING A SAV-
INGS CLAUSE;
PROVIDING FOR
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE.
SECTION 7.
Any person, firm or
corporation who vi-
olates, 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.
PASSED AND AP-
PROVED THIS THE
16th DAY OF OC-
TOBER, 2007, DUR-
ING THE REGULAR
CITY COUNCIL
MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Payne,
City -Secretary
INVOICE
Sar-T'i Yegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
287822181
FORT WORTH, TX 76102
(817) 390-7761
,-- ; ,-
Invoice Date:
8/17/07
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
AUG 2 ?UU1
Due Date:
8/31/07
Bill To:
_
PO Number:
no po
CITY OF SOUTHLAKE
-�' -- --- —
Order Number:
28782218
1400 MAIN ST
STE 440
Sales Rep:
005
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
8/17/07
Attn Attn: Lyndsey Dudley
Descx-pt><on k...:
Location 'C 17, De th
p
Linage MU Rate. Amount ,
., ...,
CITY OF SOUTHLAKE Notice is he
I3580 1 126
126 LINE
$0.81 $102.06
Net Amount:
$102.06
RECEIVED
AUG 3 0 2001
OFFICE OF CITY SECRETARY
CHRISTY L. HOLLAND
MY COMMISSION EXPIRE,
July 31, 2008
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501 R - t\ r1 A
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday,
Notary
Thank You For Your Payment
---------------------------------------------
Remit To: Star -Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 287822181
Invoice Amount: $102.06
PO Number: no po
Amount Enclosed i$
CITY
OF SOUTHLAKE
Notice is hereby given
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on
September 4, 2007,
at 5:00 D.M. or im-
Town Hall, 14UU
Main Street, South -
lake, Texas. Purpose
of the public hearing
is to consider the
second reading of
the following ordi-
1131A, T.J. THOMP-
SON SURVEY, AB-
STRACT NO. 1502,
BEING APPROXI-
MATELY 5.735
ACRES, AND MORE
FULLY AND COM-
AUG 2 9 2007
Any person, firm or
corporation who vi-
olates, 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 c--nstitute a
separate offense.
City of Southlake
Lori Payne
City Secretary