480-456CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD
ORDINANCE NO.480-456
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 3,
3B, 3C, AND 3D, SITUATED IN THE J.A. FREEMAN SURVEY,
ABSTRACT NO.529, BEING APPROXIMATELY 11.44 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE
FAMILY RESIDENTIAL 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
Case No.
ZA05-020 Page 1
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,
Case No.
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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 3, 3B, 3C, and 3D, situated in the J.A. Freeman Survey, Abstract No. 529, being
approximately 11.44 acres, and more fully and completely described in Exhibit "A" from
"AG" Agricultural 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 requirements:
1. Accepting applicant's willingness to put masonry fence no less than 8 feet tall along western
border and to provide a masonry fence along the south boundary line for the full length of the
"I-1" zoned property with a pillared masonry fence with wrought iron on the remaining south
Case No.
ZA05-020 Page 3
border;
2. Specifically not granting any requested variances (Street stub must be provided into the south
boundary line and private street shall not be permitted);
3. And, requiring a solid foundation at the bottom of the masonry fence to help maintain integrity.
4. Consider a curvilinear street design;
5. All increased run-off due to development must be contained;
6. Noting that the two west lots are to be buildable lots.
7. The street will follow the topography of the land;
8. Approximately 11 trees will be placed along the west property boundary and adding two to
three trees in the northwest corner of the property;
9. Placing 15 to 16 trees within the eastern -most four acres;
10. Subject to the Concept Plan Review Summary No. 3 dated April 29, 2005 as follows:
a. Provide sufficient street stubs into adjacent property. Staff recommends providing a street stub
into the Ramsour property in the vicinity of Lots 13, 14, and 15.
Private streets are not permitted in new residential subdivisions.
b. If the private street is approved, label as a Utility, Drainage, and Emergency Access Easement.
c. Provide the name & address for all record owners on the plan. The legal description identifies
multiple owners.
d. Correct the adjacent property information in the legal description. Calls 4 & 5 refer to the
Ramsour property but fail to refer to the Nicastro property.
e. The following changes are needed with regard to adjacent properties within 200':
Provide the plat filing record in place of the deed record for the Carroll ISD No. 4
property.
ii. Label the current land use designation on all adjacent properties. This is a concept
plan requirement.
iii. Correct the zoning of the Ramsour property to "AG".
Case No.
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iv. Correct the easements on the adjacent properties in the Woodland Heights subdivision.
The 60' Bridal & U.E. was abandoned and replaced with a 30' D. & U.E.
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.
Case No.
ZA05-020 Page 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.
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
Case No.
ZA05-020 Page 6
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 Jj+ day of , 2005.
ATTEST:
9,- a
CITY SECRETARY
•.• 11111112181180
•; : co
PASSED AND APPROVED on the 2nd reading they day of , 2005.
MAYOR
ATTEST:
FKA40���eA
APPROVED AS TO FORM AND LEGALITY:
Case No.
ZA05-020 Page 7
ADOPTED: b I k
EFFECTIVE: b - lb- Q5
Case No.
ZA05-020 Page 8
EXHIBIT "A"
Being Tracts 3, 3B, 3C, and 3D, situated in the J.A. Freeman Survey, Abstract No. 529, being approximately
11.44 acres.
Situated in the state of Texas, County of Tarrant and the City of Southlake, being a part
of the J.A. Freeman Survey, Abstract No. 529, being all of a tract of land conveyed to
Dwight R. Bosworth by deed recorded in Document No. D204296184 of the Deed
Records of Tarrant County, Texas part of a tract of land conveyed to 620 S. Kimball
Partnership, Ltd. by deed recorded in Volume 13487, page 394 of the Deed Records of
Tarrant County, Texas, part of a tract of land conveyed to Marcel E. Bosworth and Karen
Bosworth by Volume 15796, Page 57 of the Deed Records of Tarrant County, Texas and
these premises being more particularly described as follows:
Beginning at a %2 inch. iron rod set in the west right-of-way line of South Kimball
Avenue, marking the southeast corner of Carroll ISD No. 4 Addition, an addition to the
City of Southlake, Tarrant County, Texasaccording to the plat thereof recorded in
Cabinet A, Slide 6417 of the Plat Records of Tarrant County, Texas and the northeast
corner of said premises;
Thence with said west of right-of-way line and the east line of said premises as follows:
South 00008'45" West, 59.86 feet to a V7, inch iron rod. found,
South 02°26'02" East, 74.50 feet to a 1/2 inch iron rod found,
South 04° 17'39" East, 221.25 feet to a %2 . inch iron rod found marking the
beginning of a curve to the right;
Thence with said west right-of-way line the east line of said premises and said curve to
the right having a central angle of 02°04'07", a,radius of 1098.50 feet, an arc distance of
39.66 feet and a chord bearing and distance of South 03°16'46" East, 39.66 feet to a''/z
iron rod found marking the northeast comer of a tract of land conveyed to Donald M.
Ramsour and Helen L. Ramsour by deed recorded in Volume 5129, Page 985 of the Deed
Records of Tarrant County, Texas and the southeast corner of said premises;
Thence with the north line of said Ramsour tract, the north line of Cambridge Place,
Phase I, an addition to the City of Southlake, Tarrant County, Texas according to the plat
thereof recorded in Cabinet A, Page 2874 of the Plat Records of Tarrant County, Texas
and the south line of said premises, South 89046'39" West, 1276.74 feet to a'/z inch iron
rod found marking the southeast corner of Woodland Heights, an addition to the City of
Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-
212, Page 56 of the Plat Records of Tarrant County, Texas and the southwest corner of
said premises;
Thence with the east line of said Woodland Heights and the west line of said premises,
North 00°21'00" East, 394.74 feet to a 3/8 inch iron rod found marking the southwest
corner of said Carroll ISD No. 4 Addition and the northwest comer of said premises;
Thence with the south line of said Carroll ISD No. 4 Addition and the north line of said
premises, North 89°47'00" East, 1252.48 feet to the Point of Beginning and containing
11.44 acres of land.
Case No.
ZA05-020 Page 9
EXHIBIT `B"
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Case No.
ZA05-020
Page 10
INVOICE
DrA Only, h
Star -Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
1
JUN 2 2
Bill To:
CITY OF SOUTHLAKE 'r
1400 MAIN ST OFFICE OF CITY SECRETARY
STE 440
SOUTHLAKE, TX 76092-7604
121
CITY OF SOUTHLAKE ORDINANCE NO 13580
THE STATE OF 1
County of Tarrani
Before me, a Not;
for the Star-Telegi
that the attached
(817) 390-7321
SUBSCRIBED
Thank You I
5OUTHON
�OgF�E FECT IVE DA 7
ORDINANCE NO. Any person, firm or
480-456 1 corporation who vio-
AN ORDINANCE lates, disobeys, omits,
AMENDING ORDI- neglects or refuses to
NANCE NO. 480, AS I comDly with or who
this or -
be fined
Customer ID:
CIT57
Invoice Number:
256510051
Invoice Date:
6/10/05
Terms:
Net due in 21 days
Due Date:
6/30/05
PO Number:
NO PO
Order Number:
25651005
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
6/10/05
103 103 LINE $0.81 $83.43
Net Amount: $83.43
CHRISTY L. HOLLAND
" MY COMMISSION EXPIRES
i� July 31, 2008
County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
ar-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
tent was published in the above named paper on the lie ed dates: BIDS 8i LEGAL DEPT. STAR TLEGRAM
r A � , n.
Signed
E ME, THIS Tuesday, Junk 14,
Notary Public
,nt
--------------------------------
Remit To: Star -Telegram
P.O. Box 901051
FORT WORTH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
256510051
$83.43
NO PO
INVOICE
PreYiCW .,
Star -Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE QFFICE OF CITY SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Ann D.EVANS .
Description ' Loc,
CITY OF SOUTHLAKE Notice is he 1358
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and Stal
for the Star -Telegram, published by the Star -Telegram, Inc
that the attached clipping of an advertisement was publishe
(817) 390-7320
Signet
SUBSCRIBED AND SWORN TO BEFORE ME, THIS
Thank You For Your Payment
------------------
Remit To: Star -Telegram
P.O. Box 901051
FORT WORTH, TX 76101-
Any person, firm or
corporation who vio-
lates, disobeys, omits,
neglects or refuses to
comply with or who
of any of the
ons of this or-
e shall be fined
a Violation is per
to exist shall o
tute a separate
fense.
City of Southlake
Lon Farwell
City Secretary
Customer ID: CIT57
Invoice Number: 255874861
Invoice Date: 5/26/05
Terms:
Net due in 21 days
Due Date:
5/31/05
PO Number:
NO PO
Order Number:
25587486
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
5/26/05
�pth Linage MU
Rate Amount
116 116 LINE $0.81 $93.96
Net Amount:
1 CHRISTY L. HOLLAND
My COMMISSION EXPIRES
July 31, 2008
$93.96
eared Lisa Wesselman, Bid and Legal Coordinator
t County, Texas; and who, after being duly sworn, did depose and say
ier An the listed dates: BIDS 8t LEGAL DEPT. STAR TLEGRAM
I It n
�J
er ID:
CIT57
er Name:
CITY OF SOUTHLAKE
Number:
255874861
Amount:
$93.96
fiber:
NO PO
Enclosed:
$