480-611 OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -611
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 4D AND 4D1, FRANCIS THROOP SURVEY,
ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 4.96
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -2" 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
Ordinance No. 480 -611 Page 1
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
Ordinance No. 480 -611 Page 2
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
Ordinance No. 480 -611 Page 3
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 Tracts 4D and 4D1, Francis Throop Survey, Abstract
No. 1511, City of Southlake, Tarrant County, Texas, being approximately
4.96 acres, and more fully and completely described in Exhibit "A" from
"AG" Agricultural District to "SF -2" 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. A Tree Mitigation Agreement has been drafted and the owner
agrees to replace forty (40) caliper inches of trees on the above
described property prior to issuance of a Certificate of Occupancy
for a single family home. The trees planted shall be from the
recommended Tree Planting List, which is Appendix B of the Tree
Preservation Ordinance and Technical Manual or a similar type
species approved before installation by the City's Landscape
Administrator.
2. Show the approximate location of the 100 and 500 year flood plain
crossing the eastern boundary of the property. The 100 year storm water
surface elevation boundary will need to be designated as drainage
easement on any subsequent plat. Additionally, a minimum finish floor
elevation 2 feet above the 100 year storm water surface elevation will be
required established and shown on the plat. Any construction proposed in
the flood plan may require a flood plain permit. (The required drainage
easement and minimum floor finish elevation is shown on the recorded
plat for Lot 33, F. Throop No. 1511 Addition).
3. The accessory building labeled "New Barn" received approval of a
Variance from the Zoning Board of Adjustment on November 10,
2011 to be allowed in the front yard as shown on the concept plan,
with the stipulation that the accessory building be located not less
than eighty -six feet from the front property line.
4. The existing residence shown on the plan must be removed prior to
issuance of a certificate of occupancy for the new residence.
Ordinance No. 480 -611 Page 4
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.
Ordinance No. 480 -611 Page 5
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.
Ordinance No. 480 -611 Page 6
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 1 reading the 1 day of November, 2011.
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PASSED AND APPROVED on the 2 " reading the 15 day of November, 2011.
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Ordinance No. 480 -611 Page 7
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: /i- /5 //
EFFECTIVE: //
Ordinance No. 480 -611 Page 8
EXHIBIT "A"
Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City
of Southlake, Tarrant County, Texas and more fully and completely described below:
PROPERTY OESCR1PP10N
Being a tract of land allotted to the Frances Throop Sarrey, AlmIrect Number 1511. City or
Southlake, Tarrant County, Texas and being all of that certain tract of land deacrlbed W
Jackie Paul Mute and wile. Is Fon White by instrument recorded to V•Iume 5175, Pale 259,
Deed Records of Tarrant County, Texas (URTCT). and the remainder ul that certain trio of
laud described to Jackie Paul White and wife. 1.a Fon While by instrument recorded in
Volume 5811, Page 859, ARTCf and all of that certain tract of land described to Bradley Joel
Uatamit and wife, Cindy Tay Hammit by Instrument recorded in Volume 7640, Page 11140.
DWIVT. said tract of land being more perUcularly daacrlbed by mete. and bounds an follows:
BLrt;1Nh1NG at ■ 5 /5-ineh troll rod set with plastic cap stamped "Dowdy' at the conuaon
southwest corner of sale White tract recorded in 5179 /259 rod an inner ell corner of lot
18, Block H. Triple C Ranch, Phsae 1, art addition to the City of Southlake as recordel to
Cabinet A, Slide 7971. Plat Records of Tarrant County. Texas (PRTCT):
THENCE North 18'05'40' East, lions t common westerly line of said White tract recorded
in 6175/255 and the easterly line of said Triple C Rena, at distance of 232.55 feet yataaltrl
a l/2 -inch iron rod found for the common mrthrest corner of said White tract recorded
in 5170/255 and the southwest corner of said White tract recorded in 5612 /89 and
coaUDU3ng along the westerly tlae of said White tract recorded in 5611/855 and Bald
easterly Uri of Triple C Ranch et a distance of 300.45 feet petting a 5/8 -snob lama rod
found for t eouthwe.t corner of said Ramrod tract and conunwng along the common
westerly line of said Hammit tract. the westerly line of said tab tract recorded In
5611 /859 and said easterly lute of Triple C Retch a total dlatanct of 351.45 feet to s
5/0 -tick iron rod found for the common southwest corner of aatd Baramlt tract and the
northeast corner of Lot 20 to arid Black B of Triple C Ranch, from which a 1 /2 -iriclt iron
rod found capped "PST" tiara North 0012'38' Emit, • distance of 0.34 feet;
THENCE South 8155'30' Emil, along the common northerly line of said Hammit tract and
the northerly line of said White tract recorded in 5911/855, a distance of 21.23 feet to a
bola d' arc stake found at an angle point in the northerly line of ball Hammit tract and
acid White tract recorded to 6811 /859:
THENCE South 56'48'00' East, contint ing along said common northerly line of the Hammit
tract and the White tract recorded in 5511 /659, s distance of 330,08 Teel to a dead 28 -inch
poet oak tree for the common norlhetut corner of sold White tract recorded in 5011 /859
and an angle point in the westerly Une of the certain u-ael of land described to Luther A
Ut timan by instrument recorded in Instrument Number 6208358935. ORTCT:
THIAICE South 02'03'24' Teat, along the common easterly tiles of mod While tract. recorded
in 6811 /B59 and 5179/259 bud the westerly line of said Luther fret, at a dial-snot of
198.57 rail passing a 1/2 -inch iron rod round and continuing a total distance wf 432.46
feel to s 5/8 -Inch iron rod with plastie cap stamped *Dowdy" set at the common ao tbeo.t
corner of said WbILe tract recorded in 5179 /259 and the southwest corner of said Luther
tract, said iron rod set bring la the northerly line of Lot 11. Block I. Hunter'e Ridge, an
addiUoo to the City of Southlake as recorded in Volume 388 -134, Page 18, PRTCT:
THENCE South 8518'30' Test., along the common southerly line of said White tract recorded
In 5175/259 and northerly line of said Hunter's Ridge, a distance of 283,35 feet (deed call
283.9 feet) to a concrete monument found for the common northwest corner of said
Boater's Ridge and the easternmost northeast corner of the aforementioned lot 18, Block B,
Triple C Ranch:
THENCE South 80 Teel„ a dieteuce of 196.17 feet (deed call 108.8 feet) to the POINT
OF BEGINNING and CONTAINING 216,060 square feet or 4.980 acres of land area of lane, more
or less.
NOTES BASIS Or BEARINGS 100 .MIS SOW U0si
DATA .'*OfiVU' IT 50I /250
EXHIBIT "B"
CONCEPT PLAN /TREE CONSERVATION PLAN
NO TREES ARE SHOWN TO BE REMOVED IN THE
AREAS OF THE PROPOSED BUILDINGS.
I AU. TREES NOT SHOWN ARE ALSO TO BE SAVED.
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CONCEPT PLAN AND TREE CONSERVATION PLAN
COUNCIL AND ZBA APPROVED
Ordinance No. 480 -611 Page 10
INVOICE
Star - Telegram Customer ID: CIT57
400 W. 7TH STREET RECEIVED Invoice Number: 318275491
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 10/12/2011
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 10/31/2011
Bill To:
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: 21100072
1400 MAIN ST Order Number: 31827549
STE 440 OCT 18 2011 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 10/12/2011
Description Location Col Depth Linage MU Rate Amount
PUBLIC HEARING NOTICE
PUB ! CITY OF SOUTHLAKE, TEXAS 1
Notice is hereby given to all inter- I3580 1 49 49 LINE $17.32 $848.78
ested persons that the City of
Southlake, Texas, will consider the
Sales Di following items in the Council ,
Chambers at Town Hall, 1400 Main ($774.99)
Street, Southlake, Texas for the:
Zoning Board of Adjustment on
Misc Fe( Thursday, October 27, 2011, at 6:30 $10.00
p.m. will hold a public hearing and
consider:
• ZBA -617, Variance to Ordinance
No. 480, Section 34.2(0, requiring
that no accessory building be
located forward of the principal
residence. The request is being Net Amount: $83.79
made by the Carol Pa ty located \ \ \ ``,,,,
Palazzo, "9'
at 1931 N. Carroll Ave, Southlake, \� '�� Q /
Texas, being described as Tracts \ � . •'�•���•'. / /
4D and 4D1, Francis Throop Survey, 4: � �Y PV9 i
Abstract No. 1511, City of South- `Z O e, . t
lake, Tarrant County, Texas. The V : 2 g.. O
current zoning is AG - Agricultural `
District. SPIN Neighborhood 11 4. * /N
City Council on Tuesday, November „ ti› t
15, 2011, at 5:30 p.m. or immedi- i �TF . •
ately following the City Council ` '... ,iF0... `
•/
Work Session, will hold a public /1,
hearing and consider:
THE S. •Ordinance Z 0- 611(ZA1 052), 2nd
n- /, ,��� / -*2
cept Plan for n Palazzo Residence on
County property described as Tracts 4D and
401, Francis Throop Survey, Ab-
Before Tarrant County, Texas and ount
addressed as 1 Rave, y and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Sta addressed Texas cundol rrent zMill o A ning: legram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the AG - Agricultural District. Re it was published • the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 2 qoniF - Single
Famiy uested s Z le d per S s o District. 2 - d to b Neighborhood 11 4. ` All interested persons are urged to SI ned &Q \N
attend. Signed
of Southlake
SUBSC Alicia Richardson, TRMC NE, THIS Thursday, Oc er 13, 2011.
City Secretary ///
Notary Public 4,./ j .6 4 .-
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: 318275491
Invoice Amount: $83.79
PO Number: 21100072
Amount Enclosed: S