480-586V
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-586
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 APPROXIMATELY 0.34
ACRES SITUATED IN THE ABSOLOM H. CHIVERS
SURVEY, ABSTRACT NO. 299, TRACT 2C4A, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL TO "SF-20A" SINGLE
FAMILY RESIDENTIAL AS DEPICTED UPON THE
CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"
AND 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, under the City's Comprehensive Zoning Ordinance; and
Ordinance 480-586
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,
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,
Ordinance 480-586
Page 2
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 approximately a 0.34 acre tract of land situated in the
Absolom H. Chivers Survey, Abstract No. 299, Tract 2C4A, and
more fully and completely described in Exhibit "A" attached hereto
and incorporated herein, from "AG" Agricultural to "SF-20A" Single
Family Residential as depicted upon the Concept Plan attached
hereto as Exhibit "B" and subject to the following conditions:
1. No water service or certificate of occupancy will be permitted
before sanitary sewer service is available.
2. Revised Concept Plan Review Summary No. 1, dated June 30, 2009.
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
Ordinance 480-586
Page 3
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
ten (10) 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.
Ordinance 480-586
Page 4
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 16th day of June, 2009.
MAYOR
ATTEST:do —tA
•
Cot
• a
• •
CITY SECRET RY °.,,� ••ry
PASSED AND APPROVED on the 2nd reading the 7th day of July, 2009.
OR
ATTEST: , 4 yy As�10"1A�
'+
is a •��
•
e
CITY SECRETA '°s�„ ,a®®•''
APPROV D S TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: ,W of
ADOPTED: SEW4
EFFECTIVE: 10) W37
Ordinance 480-586
Page 5
EXHIBIT "A"
OWNERS CERTIFICATE
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, Janice L. Litaker, is the sole owner of a tract of fond situated In the A.H. Chivers
Survey Abstract No. 299, 'in the City of Southlake, Tarrant County, Texas, according to the
deed recorded in Clerks File No. D205195411 of the Deed Records of Tarrant County, Texas,
being more particularly described as follows:
Beginning, at a �/2 inch iron rod found at the southwest corner of the Grant tract, being the
southeast corner of a tract of land described in a need to Terra/Stratfort Office, L.A., Clerks
File No. D208461755, in said Deed Records, also being in the north One of Primrose Lane
(Variable R.O.W.), also being NOD* 46'46'W at 29.461 and N890 5612311E at 248.82' from the
southeast corner of Estes Park Phase Ill, as described in Cabinet A. Slide 11419 of the Plat
Records of Tarrant County, Texas-,
Thence, NOD" 28'53"W, with the east line of the Terre/Strotfort tract, for a distance of 172.31
feet, to a 1/2 inch iron rod found at the northeast corner of the Terra/Stratfort tract, being in the
south line of Carroll Meadows, an addition to the City of Southlake, as described in Cabinet A,
Slide 5945, of the Plot Records of Tarrant County, Texas;
Thence, N89.54'11"E, with the south line of Carroll Meadows, for a distance of 87.02 feet, to a
%2" iron rod set, being the northwest corner of Lot 3, A.H. Chivers No. 299 Addition, as
described in Cabinet A` Slide 3191, of the Plat Records of Tarrant County, Texas;
Thence, SO0" 28'25"E, with the west line of said Lot 3, for a distance of 172.10 feet, to a
E/2" iron rod found in the north fine of said Primrose Lone;
Thence, S89° 46'01"W, with the north line of Primrose Lane, for a distance of 87.00 feet, to the
Point Of Beginning, containing 14,114 square feet or 0.324 acres of land, more or less.
Ordinance 480-586
Page 6
c�
00
0
00
00
-
! • • ! • '" •
House Footprint = 4200 Sq. Ft.
(.298 of Lot Area)
ter= Trees
Elevation View
Casey & Janice Utaker
'1080 Primroso Lane
5outhlake. TX 76092
�T
10' Right Of Way
�i
Scale: 1 inch = 30 ft
70'
it.►
tom.
7.5' #
r�
........ . . ....... ... ..
87' Primrose Lane I ,,
0
0
00
0
00
cc
Tree Conservation Plan
To be saved
To be removed
Scale: 1 inch = 30 ft
Casey & Janice Litaker
1080 Primrose Lane
Southlake, TX 76092
6" Prickly Ash
8" Ash -,
(Poor Quality)
TIN
20" Loblolly Pine
10' Right Of Way
-19" Nackberry
12" American Elm
it f-4 INVOICE Preview
Star -Telegram Customer ID: CIT57
400 W. 7TH STREET Invoice Number: 305620591
FORT WORTH TX 76102
Invoice Date:
7/11/2009
(817) 390-7761
. Federal Tax ID 26-2674582
vwlD
Terms:
Net due in 21 days
OFSO�N�
Due Date:
7/31/2009
Bill To:
Df?N1RA9ENS
PO Number:
#20900115-000
CITY OF SOUTHLAKE
Order Number:
30562059
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Attn:Attn: ACCOUNTS PAYABLE
Publication Date:
7/11/2009
Description
Location Col
Depth Linage MU Rate Amount
CITY OF SOUTHLAKE ORDINANCE NO I3580
Sales Discount
Misc Fee
REC''EIVED
AUG - A 2009
OFFICE v i y� �T,RY
le
THE STATE OF TEXAS
County of Tarrant
1 102 102 LINE
(;jDEE'=--�I�et Amount:
My Commission E pires
July 31, 2012
$0.81 $82.62
($5.00)
$5.00
$82.62
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 publis in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390-7501
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,
Notary
Thank You For Your Payment
Legal
CITY OF
SOUTHLAKE
ORDINANCE
NO. 480-586
AN ORDINANCE
AMENDING ORDI-
NANCE NO. 480, AS
AMENDED, THE,
COMPREHENSIVE
ZONING ORDI-
NANCE OF THE CITY
OF SOUTHLAKE,
TEXAS; GRANTING
A ZONING CHANGE
ON A CERTAIN
TRACT OR TRACTS
OF LAND WITHIN
THE CITY OF
SOUTHLAKE, TEX-
AS, BEING AP-
PROXIMATELY 0.34
ACRES SITUATED IN
THE ABSOLOM H.
CHIVERS SURVEY,
ABSTRACT NO. 299,
TRACT 2C4A, AND
MORE FULLY AND
COMPLETELY DE-
SCRIBED IN EXHIBIT
"A" FROM "AG"
AGRICULTURAL TO
"SF-20A" SINGLE
FAMILY RESIDEN-
TIAL AS DEPICTED
UPON THE CONCEPT
PLAN ATTACHED
HERETO AS EXHIBIT
"B" AND 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
A M E N D M E N T S
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;
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 otdinance
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
7th DAY OF JULY,
2009, DURING THE
REGULAR CITY
COUNCIL MEETING.
MAYOR: John Terrell
ATTEST: Lori Payne,
City Secretary
INVOICE
Preview
Star -Telegram
Customer ID:
CIT57
400 W. 7TH STREET
Invoice Number:
305230991
FORT WORTH, TX 76102
(817) 390-7761
�-� p j�
Invoice Date:
6/19/2009
Federal Tax ID 26-2674582
Terms:
Net due in 21 days
Due Date:
6/30/2009
Bill To:
J U L - 1 2009
PO Number:
20900115-000
CITY OFA
NSOUTHLAKE
1400 MAIN ST �r-tr°�g'
�' (I„
g y
}�" �' `�If
~`
Order Number:
30523099
STE 440
�� + �% tl 1
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE
Publication Date:
6/19/2009
Description
Location Col Depth
Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he
13580 1 116
116 LINE
$0.81 $93.96
Sales Discount
Misc Fee
($5.00)
$5.00
Net Amount: $93.96
1NANC 1�tPaRmot,
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 Norwood, 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 publis eci in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817)390-7501
rl
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, June 22, 2009.
Notary Public r/l
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:
305230991
Invoice Amount:
$93.96
PO Number:
20900115-000
Amount Enclosed:
$
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
AN
EHE
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 violates, dis-
obeys, omits, ne-
glects or refuses to
comply with or who
resists the enforce-
ment of any of the
provisions of this
ordinance shall be
fined not more than
Two Thousand_ Dol-