480-797 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-797
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 OF LAND WITHIN THE CITY
OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACT 8B,
JOHN J. FRESHOUR SURVEY ABSTRACT NO. 521, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 66,727 SQUARE FEET, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-1A" 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,
Ordinance No.480-797
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 and 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,
Ordinance No.480-797
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 described as Tract 8B, John J. Freshour Survey Abstract No. 521, City of
Southlake, Tarrant County, Texas, being approximately 66,727 square feet, and
more fully and completely described in Exhibit "A" from "AG" Agricultural District
to "SF-1A" 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:
Ordinance No.480-797
City Council Motions:
January 17, 2023; Approved (6-0) at 1st Reading on consent.
February 7, 2023; Approved (7-0) subject to the Staff Report dated January 31,
2023 and the Concept Plan Review Summary #3 dated December 22, 2022;
noting that the Tree Preservation Ordinance No. 585-E requires 70% of the tree
canopy.to be preserved based on 4.9% of the existing tree cover; the applicant
is requesting and we'll be approving a variance to preserve approximately 60.4%
of the tree canopy instead of the required 70%.
Concept Plan Review Summary
Planning Review
1. Remove "by this plat" from the labels for the easements on the concept plan.
Tree Conservation/Landscape Review
* The applicant is requesting a variance to the Existing Tree Cover Preservation Requirements
because the proposed existing tree cover preservation does.comply with the Existing Tree
Cover Preservation Requirements of the Tree Preservation Ordinance 585-E.
There is 4.9% of existing tree cover on the property and a minimum of 70% of the tree cover is
required to be preserved. A total of 39.6% of the existing tree cover is proposed to be removed
and 60.4% is proposed to be preserved.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of
existing tree cover at the time the first such permit was issued shall be used to calculate the
minimum existing tree cover that must be preserved under this section.
Table 2.0— Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the Minimum percentage of the existing
entire site tree cover to be preserved*
0% —20% 70%
20.1 —40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
Ordinance No.480-797
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and construction
of the development. Alteration or removal of any of the existing trees shown to be preserved
on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and
the zoning as approved by the Southlake City Council. Please ensure that the layout of all
structures, easements, utilities, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
GENERAL COMMENTS:
Applicant has addressed all comments.
Fire Department Review
GENERAL COMMENTS:
No comments based on submitted information.
General Informational Comments
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
* The applicant should be aware that prior to issuance of a building permit a Plat that conforms to
the underlying zoning of the site must be processed and filed in the County Plat Records, a fully
corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for
approval and all required fees must be paid. This may include but not be limited to the following
fees: Park Fee, Perimeter Street Fee, Water&Sewer Impact and Tap Fees, and related Permit
Fees.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale
water customer contract with the City of Fort Worth, all new water connections are required to
pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based
on the final plat recordation date and building permit issuance. The applicant is encouraged to
review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine
the fee amount.
* Denotes Informational Comment
Ordinance No.480-797
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
Ordinance No.480-797
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 in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it 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
Ordinance No.480-797
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 17th day of January, 2023.
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PASSED AND APPROVED on the 2nd reading the 7th day of February, 2023.
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORN
DATE:
ADOPTED: c2.11 a?j
EFFECTIVE: a Ll
Ordinance No.480-797
EXHIBIT "A"
Being described as Tract 8B, John J. Freshour Survey Abstract No. 521, City of Southlake,
Tarrant County, Texas, being approximately 66,727 square feet and being more particularly
described as follows:
Being all that certain lot,tract or parcel of land situated in the J.J.Freshour Survey,Abstract No.521,in Tarrant County,
Texas and being the same land described in deed to Tarrant County,Texas,recorded in Instrument No.D205236563,Deed
Records,Tarrant County,Texas(D.R.T.C.T.)and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner in the North line of Johnson Road at the Southeast corner of a tract of
land described in deed to Joanna Hookstratten,recorded in Instrument No.D 199278336(D.R.T.C.T.)and at the Southwest
corner of said Tarrant County,Texas tract;
THENCE North,a distance of 356.89 feet to a fence post found for corner in the South line of Lot 4,Block 4 of Johnson
Place Estates,an Addition to Tarrant County,Texas,according to the Plat thereof recorded in Cabinet A,Slide 12309,Plat
Records,Tarrant County,Texas,at the Northeast corner of said Hookstratten tract,from which a 1/2 inch iron rod found
for reference bears South 01 degrees 19 minutes 18 seconds West,a distance of 1.82 feet;
THENCE North 89 degrees 44 minutes 32 seconds East,a distance of 188.09 feet to a point for corner in the South line of
Lot 1 of said Block 5 and in the West line of Randol Mill Avenue;
THENCE South 00 degrees 06 minutes 00 seconds East,a distance of 345.14 feet to a 1/2 inch iron rod found at the
transitional intersection of the said West line of Randol Mill Avenue and in the Northwest line of Johnson Road;
THENCE South 44 degrees 46 minutes 00 seconds West,a distance of 12.48 feet to a 1/2 inch iron rod found for corner in
the said North line of Johnson Road;
THENCE North 89 degrees 15 minutes 11 seconds West,with the said North line of Johnson Road,a distance of 23.81 feet
to a 1/2 inch iron rod found for corner;
THENCE South 89 degrees 11 minutes 22 seconds West,with the said North line of Johnson Road,a distance of 120.83
feet to a 1/2 inch iron rod found for corner,
THENCE South 86 degrees 12 minutes 28 seconds West,with the said North line of Johnson Road,a distance of 35.35 feet
to the PLACE OF BEGINNING and containing 66,726 square feet or 1.53 acres of land.
Ordinance No.480-797
EXHIBIT "B"
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AFFIDAVIT OF PUBLICATION
Account# Order Number Identification _ Order PO Amount Cols Depth
36037 381610 Print Legal Ad-IPL01093100-IPL0109310 22300067 $150.80 1 104 L
Attention: Selena Serrano THE STATE OF TEXAS
CITY OF SOUTHLAKE COUNTY OF TARRANT
1400 MAIN ST
STE 420 Before me,a Notary Public in and for said County
SOUTHLAKE,TX 760927604 and State,this day personally appeared Stefani
Beard,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:
Copy of ad content
is on the next page 1 insertion(s)published on:
02/10/23
3&oadri ggalid
Sworn to and subscribed before me this 10th day of
February in the year of 2023
Steigivt4241,Lei H
Notary Public in and for the state of Texas,residing in
Dallas County
STEPHANIE HATC}}ER
S..= My Notary ID 4133534406
d, :e Expires January 14,2026
Extra charge for lost or dupllate affidavits.
Legal document please do not destroy!
City of Southlake
CQRDINN( 12681='
AN ORDINANCE AMENDING CHAP-
TER 9.5 "ENVIRONMENT," ARTICLE
II "STORM DRAINAGE," CREATING
A NEW DIVISION 10, "POST CON-
STRUCTION STORMWATER MAN-
AGEMENT': 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 PUBLICA-
TION IN PAMPHLET FORM; PROVID-
ING FOR PUBLICATION IN THE OFFI-
CIAL NEWSPAPER;AND PROVIDING
AN EFFECTIVE DATE.
Section 9.5.195.-Penalties
(1) Any person violating any of the
provisions of this division shall be
guilty of a misdemeanor,and upon fi-
nal conviction thereof shall be fined a
sum not to exceed$2,000.00 for each
offense.
(2)Each day such violation continues
to exist shall constitute a separate of-
fense.
(3) But in case any person violates
any of the provisions of this article
or fails to comply therewith,the City
of Southlake,in addition to imposing
the penalties above provided,may in-
stitute any appropriate action or pro-
ceedings in court to prevent,restrain,
correct,or abate or to prevent any il-
legal act,conduct,business or use in
or about any land;and the definition of
any violation of the terms of this article
as a misdemeanor shall not preclude
the City from invoking the civil rem-
edies given it by law in such cases,
but same shall be cumulative of and
in addition to the penalties prescribed
for such violation.
(t3lib7NANC80=797
AN ORDINANCEAM DING ORDI-
NANCE NO.480,AS AMENDED,THE
COMPREHENSIVE ZONING ORDI-
NANCE OF THE CITY OF SOUTH-
LAKE,TEXAS;GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OF
LAND WITHIN THE CITY OF SOUTH-
LAKE, TEXAS BEING DESCRIBED
AS TRACT 8B,JOHN J. FRESHOUR
SURVEY ABSTRACT NO. 521, CITY
OF SOU HLAKE, TARRANT COUN-
TY, TEXAS BEING APPROXIMATELY
66,727 SQUARE FEET, AND MORE
FULLY AND COMPLETELY DE-
SCRIBED IN EXHIBIT"A"FROM"AG"
AGRICULTURAL DISTRICT TO "SF-
1A" SINGLE FAMILY RESIDENTIAL
DISTRICT,AS DEPICTED ON THE AP-
PROVED CONCEPT PLAN ATTACHED
HERETO AND INCORPORATED
HEREIN AS EXHIBIT "B", SUBJECT
TO THE SPECIFIC REQUIREMENTS
CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDI-
NANCE; DETERMINING THAT THE
PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE
ZONING CHANGES AND AMEND-
MENTS HEREIN MADE; PROVIDING
THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANC-
ES; PROVIDING A SEVERABILITY
CLAUSE;PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVID-
ING A SAVINGS CLAUSE;PROVIDING
FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE
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 provi-
sions 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 ex-
ist shall constitute a separate offense.
PASSED AND APPROVED on the 2nd
reading ON THE 7TH DAY OF FEBRU-
ARY 2023.MAYOR:
JOHN HUFFMAN