480-539
OFFICIAL
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-539
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
1C1A AND A PORTION OF TRACT 1A, J.W. CHIVERS SURVEY,
ABSTRACT NO. 350, BEING APPROXIMATELY 17.77 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "CS"
COMMUNITY SERVICE 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 "SF-1A"
Single Family Residential 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 Tract 1 C1A and a portion of Tract 1A, situated in the J.W. Chivers
Survey, Abstract No. 350, being approximately 17.77 acres, and more fully
and completely described in exhibit "A" from "SF-1A" Single Family
Residential District to "CS" Community Service District as depicted on the
approved Concept Plan attached hereto and incorporated herein as
Exhibit "B," and subject to the following conditions:
1. Site Plan Review Summary No. 3, dated November 14, 2007:
a. The following changes are needed with regard to labeling:
i. Provide the name and address of owner on the plan.
ii. Label the adjacent properties and properties across adjoining
R.O.W.'s labeled with owner's name, existing zoning, and land
use map designation ("L.U.D.= Not all have been
labeled.
iii. Show and label all existing easements on or adjacent to the site,
if any.
iv. Show and label the front, rear, & side building lines.
v. Show and label the nearest fire hydrant dimensioned to property
corner and any proposed hydrants.
vi. Label the R.O.W. width for E. Dove Street. Label the width and
pavement type of the existing roadway.
b. The following changes are needed with regard to bufferyards and
interior landscaping:
i. Clearly show and label the required bufferyard along the south
boundary line (10'- Type 'E').
ii. Clearly show and label the required bufferyard along the west
and east boundary lines (10'- Type 'C'). This is associated with
the change of zoning from "SF-1A" to "CS".
iii. Provide the Bufferyard Calculation chart on the site plan.
c. The following changes are needed with regard to driveways:
i. Label the width and stacking depth for the proposed drive. Staff
measures ±15'.
ii. Label the distances from the proposed. driveway centerline to
the nearest existing driveway centerline/right-of-way off-site in
both directions of the site.
iii. Show and label all existing driveways on adjacent properties
and across adjoining rights-of-way.
d. Please ensure that the proposed sidewalk/trails do no conflict with the
existing trees critical root zones and that they can be constructed at or
close to grade where they cross the area of critical root zones of the
large trees on the property.
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 4th day of December, 2007.
MAYOR
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PASSED AND APPROVED on the 2nd reading the 18th day of December, 2007.
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APPROVE A TO R ND LEGALITY:
CITY ATTORNEY
DATE: -7 ` ~ ~br
ADOPTED: /j•/y-67
EFFECTIVE: l~ ~I07
EXHIBIT "A"
Being Tract 1C1A and a portion of Tract 1A, situated in the J.W. Chivers Survey,
Abstract No. 350, being approximately 17.77 acres:
Being 17.77 acres of land situated in the J.W. Chivers Survey. Abstract 350, City of Southlake,
Tarrant County, Texas; said 17.77 acres of land being a portion of the First and Second Tracts
of land conveyed to John M. Shelton and wife, Bobbie Jeanne Shelton f 5O% interest) by deed
dated April 10, 1967 and recorded in Volume 4400, Page 846 and a 50% interest of the First
Tract being conveyed to said Sheltons dated April 25, 1967 by deed recorded in Volume 4400,
Page 850, Deed Records, Tarrant County, Texas; said 17.77 acres of land being more
particularly described by mates and bounds as follows;
Beginning at a railroad spike set in the centerline of East Dave Road and in the South line of
said J.W. Chivers Survey Abstract No. 350 from Whence the Southeast corner of said Survey
bears South 89 degrees 25 minutes 45 seconds East, 815 feet;
Thence North 00 degrees 43 minutes 19 seconds East, at 25-0 feet passing the existing North
right-of-way line of said East Dove Road and at 42.00 feet passing a 1,12 inch iron rod found
at the Southeast comer of Lot 1, Block 1, Oakwood Pond, an Addition to said city as recorded
in;Cabinet A, Slide 2352. Plat Records, Tarrant County. Texas and continuing along the East
line of said Addition in all 896.94 feet to a 3 inch metal corner post found at an ell corner of
Lot 3, Block 1 of said Oakwood Pond Addition;
Thence North 88 degrees 23 minutes 15 seconds East, 163.64 feet along the South line of said
Lot 3, Block 1 to a 3 inch metal fence comer post found at the Southeasr corner of said Lot 3;
Thence North 00 degrees 16 minutes 58 seconds East. 386.08 feet along the East line of said
Lot 3 and Lot 4 of said Addition to a 3/4 inch iron rod found at the Northeast corner of said Lot
4, Slack 1; Said iron rod also being in the South line of a tract of land conveyed to Thomas A.
Keen and wife, Carolyn M. Keen, August 28, 1975 and recorded in Volume 5516, Page 462,
Dried Records, Tarrant County, Texas:
Thence North 86 degrees 56 minutes 43 seconds, 287.04 feet along the South line of said
Keen Tract to a 1/2 inch iron rod found at Keen's Southeast corner;
Thence South 00 degrees 12 minutes 07 seconds East, 12.26 feet crossing an Old Lane to a
112 Inch Iron rod found at the Southwest corner of Lot 2, Block 1, Springs Oaks Addition to
said city as recorded in Volume 3881174, Page 20, Plat Records, Tarra: t County, Texas;
Thence North 87 degrees 07 minutes 56 seconds East, 378.24 feet along the South line of said
Lot 1, Block 1, Springs Oaks Addition to a "MAG° Nail set in concrete on the West side of a
3 inch metal pipe corner post, Said nail being in the West line of Lot 18. Block A, Ouail Creek
Estates, an Addition to said city as recorded in Volume 388/'118, PGge 92, Plat Records,
Tarrant County, Texas;
i
Thence South 01 degree 34 minutes 30 seconds West, 229.53 feet along the West line of said
Lot 18 to a 5/8 Inch iron rod found at its Southwest corner. said iron rod also being the
Northwest corner of a 3.95 acre tract of land conveyed to Warren Clark Development, inc.
October 30, 1998 and recorded in Volume 13419, Page 190, deed Records, Tarrant County.
Texas;
Vence South 00 degrees 59 minutes 33 seconds Vilest, 597.79 feet zlong the West line of
said 3.55 acre tract to a 5/8 inch Iron found at the Northeast corner of a 1.961 acre tract of
land conveyed to John J.W. Koldus, IV and wife, Gwen Cook Koldus dated May 05, 1995 and
recorded in Volume 11962, Page 662, Deed Records, Tarrant County, Texas;
Thence along the Northerly and Westerly line of said Koldus Tract the following courses and
dista nce$:
i
North 89 degrees 18 minutes 49 seconds West, 164.73 feet to a 518 inch iron rod found;
S+ uth 00 degrees 41 minutes 21 seconds West, 225.76 feet to a 1 /2 inch stun rod found;
North 89 degrees 18 minutes 55 seconds West, 41.90 feet to a 112 Inch iron rod found;
South 04 degrees 54 minutes 33 seconds West, 43.50 feet to a 112 inch iron rod set tall iron
rods set have plastic caps stamped "Landes & Assoc.");
Thence departing the West fine of said Koldus Tract, North 81 degrees 5:: minutes 23 seconds
Wpst, 183.69 feet to a 1/2 inch iron rots set;
Thence forth 07 degrees 16 minutes 13 seconds East, 79.43 feet to a 1/2 inch iron rod set,
Thence North 81 degrees 20 minutes 31 seconds West, 266.58 feet to a 1 /2 inch iron rod set;
Thence South 01 degree 05 rrlinutes 50 seconds West, 363.56 feet to a railroad spike set in
th? centerline of the aforementioned East Dove Road;
Thence North 89 degrees 27 minutes 08 seconds West, 159.49 feet along said centerline to
the Point of Beginning and containing 17.77 acres of land, more or less: of which 0.10 of an
acre lies within the existing right-of-way of East Dove Road.
NOTE: THE COMPANY ODES NOT REPRESENT THAT THE ACREAGE ANCIOR SQUARE
F(?OTAGE CALCULATIONS ARE CORRECT.
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