480-563
CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO. 480-563
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 1D, FRANCIS THROOP SURVEY, ABSTRACT
NO. 1511, BEING APPROXIMATELY 1.006 ACRE, AND
MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO
"SF-30" 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,
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 legally described as Tract 1 D, Francis Throop Survey, Abstract No.
1511, being approximately 1.006 acre, and more fully and completely
described in Exhibit "A" from "AG" Agricultural District to "SF-30" 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. subject to Concept Plan Review Summary No. 2, dated May 30, 2008
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 list reading the 17th day of June, 2008.
MAYOR
` 0 O •
•
CITY SECRETA
PASSED AND APPROVED on the 2nd reading the list day of July, 2069."""""
MAYOR , ,a! :G„°°°
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CITY SECRETA6Y
-
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY '
DATE: 1 ZI~'Oq
ADOPTED: I O8
EFFECTIVE: 3 OS
EXHIBIT "A"
Being legally described as Tract 1 D, Francis Throop Survey, Abstract No. 1511, being
approximately 1.006 acre, and more fully and completely described as follows:
BEGINNING AT A 1" PIPE FOUND IN THE WEST LINE OF N. KIMBALL AVENUE FOR THE SOUTHEAST
CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 4.65 FEET SOUTH 89 DEGREES 44
MINUTES 19 SECONDS EAST FROM THE NORTHEAST CORNER OF LOT 1, BLOCK 1, YATES CORNER
ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT
RECORDED IN CABINET A. SLIDE 2231. PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BY DEED BEING
LOCATED 569.11 FEET NORTH AND 30.00 FEET WEST OF THE INTERSECTION OF THE CENTERLINE OF
KIMBALL ROAD AND DOVE ROAD;
THENCE NORTH 89 DEGREES 44 MINUTES 19 SECONDS WEST 4.65 FEET TO A CAPPED IRON PIN
SET FOR THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1, YATES CORNER ADDITION AND CONTINUING
IN ALL ALONG THE NORTH LINE OF SAID LOT 1. BLOCK 1. YATES CORNER ADDITION 182.11 FEET TO A
1" PIPE FOUND FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE
SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS
NO. D204233548, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 240.00 FEET ALONG THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN
COUNTY CLERKS NO. D204233548 TO A 1/2' IRON PIN FOUND FOR THE NORTHEAST CORNER OF SAID
TRACT OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D204233548 AND FOR THE NORTHWEST
CORNER OF TRACT BEING DESCRIBED, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF A TRACT
OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D207384615, DEED RECORDS, TARRANT COUNTY, TEXAS,
AND THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME
14648, PAGE 526, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 41 MINUTES 42 SECONDS EAST 183.14 FEET ALONG THE SOUTH LINE
OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14648, PAGE 526 TO A 1/2-
IRON PIN FOUND IN THE WEST LINE OF N. KIMBALL AVENUE FOR THE SOUTHEAST CORNER OF SAID
TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14648, PAGE 526 AND FOR THE
NORTHEAST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 00 DEGREES 14 MINUTES 52 SECONDS WEST 239.86 FEET ALONG THE WEST LINE OF
SAID N. KIMBALL AVENUE TO THE POINT OF BEGINNING AND CONTAINING 43816.62 SQUARE FEET OF LAND,
MORE OR LESS
EXHIBIT "B"
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INVOICE Dralt Only
Star-Telegram 1� en Customer ID: CIT57
400 W. 7TH STREET REC°\I GV Invoice Number: 298453291
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/6/2008
Federal Tax ID 22-3148254 AEG 2 20`�$ Terms: Net due in 21 days
vv Due Date: 7/31/2008
Bill To: ��`� S .C.RE��RI PO Number: PO#20801261-000
O
CITY OF SOUTHLAKE CCcc tt
1400 MAIN ST 1CG Order Number: 29845329
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Dates: 7/4/2008 -7/6/2008
Description Location Col Depth Linage MU Rate Amount
CITY OF Legal Notices CITY OF St SOUTHLAKE
ORDINANCE PROVIDING FOR A�O I I07 107 LINE $0.42 $90.17
NO. 480-563 PENALTY FOR VIO-
AMENDING ORDI-AN' ORDINANCE LATIONS HEREOF;
Sales Discol NANCE NO. 480, ASS PROVIDING A SAV-
INGS CLAUSE; ($8.50)
AMENDED, THE PROVIDING FOR
COMPREHENSIVE ZONING ORDI- THE PUBLICATION IN
Misc Fee OF OFFICIAL
OF THE CITY NEWSPAPER; AND SOUTHLAKE, PROVIDING AN EF- $S.00
TEXAS; GRANTING TE A ZONING CHANGE FECTIVE DATE.ON
7.
TRACT A CERTAIN Any person, firm or � j\ y
TRACTS corporation who vi- �/ 'Lio4-
THTE LAND CITY
WITHOIF olates, disobeys,
SOUTHLAKE, TEX- omits, neglects or JUL et Amount: $86.67
AS BEING LEGALLY refuses th or who resists 2 1 20G3
DESCRIBEDD AS the enforcement of
TTRACT 1D,SURVEY,IS any of the provisions
ABSTRACTHSTOP SURVEY, of this ordinance
1511, NO. shall be fined not '
PROXIMATELY NG A more than Two
1.006 ACRE, AND Thousand Dollars
M
($2,000.00) for each
MORE FULLY AND offense. Each day
COMPLETELY DE- that a violation is
SCRIBED IN EXHIBIT
"A" FROM "AG" permitted to exist
AGRICULTURAL shall constitute a ',aEEM0iPRE
' CHRISTY L. 4N
DISTRICT TO "SF- separate offense. y{y�30" SINGLE FAMILY PASSED AND AP-RESIDENTIAL DIS- PROVED THIS THETRICT,AS DEPICTED 1st DAY OF JULY,2008, DURING THEON CONCEPTTH APPROVEN REGULAR CITY
THE STF TACHED HERETO COUNCIL MEETING.
Countyo AND INCORPORAT- MAYOR: Andy
ED HEREIN AS EX- Wambsganss
HIBIT"B", SUBJECT ATTEST: Lori Payne,
TO THE SPECIFIC City Secretary
Before m REQUIREMENTS Irra-ror said County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star-
CONTAINED IN THIS it-Tele ram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after beingdulysworn, did depose and saythat the
g ORDINANCE; COR- g p
attached CIAL IZONING MAP:ement was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)39( PRESERVIWG ALL
OTHER PORTIONS
OF THE ZONINGORDINANC p(\�
DE-
TERMINING THAT Signed ��' QN �J ty
THE PUBLIC INTER-
EST, MORALS AND
SUBSCF GENERAL WELFARE
-O BEFORE ME,THIS Wednesday I• 48.
DEMANDIA THE ZON- `/
A CHANGES AND / /
AMENDMENTS
HEREIN MADE; Notary Public / ad-...1-C)
PROVIDING THAT
THIS ORDINANCE
SHALL BE CUMU-
LATIVE OF ALL
ORDINANCES; PRO-
VIDING A SEVER-
ABILITY CLAUSE;
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: 298453291
Invoice Amount: $86.67
PO Number: PO#20801261-000
Amount Enclosed: $ I
' Only
� INVOICE Draft
Star-Telegram Customer ID: CIT57
400 W.7TH STREET {� Invoice Number: 297946741
FORT WORTH,TX 76102 ' Y
Imo} Invoice Date: 6/15/2008
(817)390-7761 G✓ QQ�
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 6/30/2008
Bill To: PO Number: 20801261-000
CITY OF SOUTHLAKE
1400 MAIN ST • Order Number: 29794674
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn:ACCOUNTS PAYABLE Publication Dates: 6/13/2008-6/15/2008
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 13580 1 121 121 LINE $0.42 $101.51
Sales Discount ($8.50)
Misc Fee $5.00
RECEIVED
Net Amount: $98.01
JUN 3 0 2008
OFFICE OF CITY SECRETARY • '' `'"r=. CHRI$i f L.HOLLAND
I w MV COMMISSION EXPIRES
'{ .;_ 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 th• ...ve named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)390-7501
Signed J Ail ; cb
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Ju, It..
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: 297946741
Invoice Amount: $98.01
PO Number: 20801261-000
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 July
1, 2008, at 5:00 p.m.
or immediately fol-
lowing the Work
Session, during the
Regular City Council
meeting to be held
in the City, Council
Chambers of Town
Hall, 1400 Main
Street, Southlake,
Texas. Purpose of
the public hearing is
to consider the sec-
ond reading of the
following ordinance:
ORDINANCE
NO. 480-563
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE
COMPREHENSIVE
ZONING ORDI- Legal Notices
NANCE OF THE CITY
OF SOUTHLAKE, PROVIDING FOR
TEXAS; GRANTING PUBLICATION IN
A ZONING CHANGE THE OFFICIAL
ON A CERTAIN NEWSPAPER; AND
TRACT OR TRACTS PROVIDING AN EF-
OF LAND WITHIN FECTIVE DATE.
THE CITY OF SECTION 7.
SOUTHLAKE, TEX- Any person, firm or
AS BEING LEGALLY corporation who vi-
DESCRIBED AS olates, disobeys,
TRACT 1D,FRANCIS omits, neglects or
THROOP SURVEY, refuses to comply
ABSTRACT NO. with or who resists
1511, BEING AP- 'the enforcement of
PROXIMATELY any of the provisions
1.006 ACRE, AND of this ordinance
MORE FULLY AND shall be fined not
COMPLETELY DE- more than Two
SCRIBED IN EXHIBIT Thousand Dollars
"A" FROM "AG" ($2,000.00) for each
AGRICULTURAL offense. Each day
DISTRICT TO "SF- that a violation is
30" SINGLE FAMILY permitted to exist
RESIDENTIAL DIS- shall constitute a
TRICT,AS DEPICTED separate offense;
ON THE APPROVED City of Southlake
CONCEPT PLAN Lori Payne
ATTACHED HERETO City Secretary
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT"B",SUBJECT
TO THE SPECIFIC
REQUIREMENTS
CONTAINED IN THIS
ORDINANCE; COR-
RECTING THE OFFI-
CIAL ZONING MAP;
PRESERVING ALL
OTHER PORTIONS
OF THE ZONING
ORDINANCE; DE-
TERMINING THAT
THE PUBLIC INTER-
EST, MORALS AND
GENERAL WELFARE
DEMAND THE ZON-
ING CHANGES AND
AMENDMENTS
HEREIN MADE;
PROVIDING THAT
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;