480-473CITY OF SOUTHLAKE, TEXAS OFFiCIAL
ORDINANCE NO.480-473 RECRE
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
3A1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO.
1511, BEING APPROXIMATELY 10.82 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -IA" 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
WHEREAS, a change in the zoning classification of said property was requested by a person or
Page 1
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
Page 2
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 Tract 3A1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately
10.82 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
District to "SF-lA" Single Family Residential District. The following specific requirements
and special conditions shall be applicable to the granting of this zoning change request:
1. Requiring the builder of each lot to provide four trees per lot with two trees in front and
two trees in back of a minimum of four -inch caliper;
2. Masonry columns on perimeter fencing to be a maximum of 30 feet apart;
3. HOA maintenance of detention areas;
Page 3
4. Will limit exterior fencing to wrought iron and allowing no wood fencing within the
development;
5. Requiring 20 trees along Sunshine Lane and 12 trees along Highland Avenue to be a
minimum of three-inch caliper.
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.
Page 4
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
Page 5
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 15th day of November, 2005.
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PASSED AND APPROVED on the 2nd reading the 6th day of December, 2005.
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Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED: li&05
EFFECTIVE: j 2 11' 05
Page 7
EXHIBIT "A"
Being Tract 3A1A1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 10.82 acres.
LEGAL DESCRIPTION
VILLAS DEL SOL SUBDIVISION
34490
09/14/05
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE F.
THROOP SURVEY, ABSTRACT NUMBER 1511, TARRANT COUNTY, TEXAS, AND BEING
ALL OF A TRACT DESCRIBED IN A DEED TO G. WILLIAM BROWN, RECORDED IN VOLUME
12585, PAGE 613, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 112 INCH IRON PIN FOUND AT THE NORTHERN MOST NORTHWEST
CORNER OF SAID BROWN TRACT AND THE SOUTHEAST CORNER OF A 9.47 ACRE
TRACT DESCRIBED IN A DEED TO CHARLES WILLIAM KREYCIK, ET UX, RECORDED IN
VOLUME 6574, PAGE 81, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND
BEING ON THE NORTH LINE OF A 19.57 ACRE TRACT DESCRIBED IN A DEED TO C.W.
KREYCIK, RECORDED IN VOLUME 3378, PAGE 599, OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS, SAID PIN ALSO BEING AT THE SOUTHWEST CORNER OF A
TRACT DESCRIBED IN A DEED TO DOUGLAS J. BARKER, ET UX, RECORDED IN VOLUME
9983, PAGE 1332, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 52 MINUTES 49 SECONDS EAST WITH THE NORTH LINE
OF SAID BROWN TRACT, A DISTANCE OF 560.00 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET AT THE NORTHEAST CORNER
OF SAID BROWN TRACT ON THE WEST LINE OF SUNSHINE LANE;
THENCE SOUTH 00 DEGREES 02 MINUTES 08 SECONDS WEST WITH THE EAST LINE OF
SAID BROWN TRACT AND THE WEST LINE OF SUNSHINE LANE, A DISTANCE OF 775.00
FEET TO A PK NAIL SET AT THE SOUTHEAST CORNER OF SAID BROWN TRACT AND ON
THE NORTH LINE OF A TRACT DESCRIBED IN A DEED TO HAROLD KNIGHT, RECORDED
IN VOLUME 3018, PAGE 579, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 57 MINUTES 30 SECONDS WEST WITH THE SOUTH LINE
OF SAID BROWN TRACT, A DISTANCE OF 635.00 FEET TO A PK NAIL FOUND AT THE
SOUTHWEST CORNER OF SAID BROWN TRACT ON THE SOUTH LINE OF SAID 19.57
ACRE TRACT IN HIGHLAND STREET;
THENCE NORTH 01 DEGREES 29 MINUTES 21 SECONDS EAST WITH A WEST LINE OF
SAID BROWN TRACT, A DISTANCE OF 555.23 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET FOR CORNER;
THENCE SOUTH 89 DEGREES 17 MINUTES 56 SECONDS EAST WITH A NORTH LINE OF
SAID BROWN TRACT, A DISTANCE OF 61.50 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET AT AN INNER ELL CORNER OF
SAID BROWN TRACT;
THENCE NORTH 00 DEGREES 06 MINUTES 56 SECONDS WEST WITH A WEST LINE OF
SAID BROWN TRACT, A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING IN ALL 10.822 ACRES OF LAND.
Page 8
INVOICE
Draft Only
Star -Telegram
400 W. 7TH STREET
FORT WORTH TX 76102
RECEIVED
Customer ID: CIT57
Invoice Number: 263895511
Invoice Date:
12/9/05
(817) 390-7761
Federal Tax ID 22-3148254
Terms:
Net due in 21 days
DEC 2 8 2005
Due Date:
12/31/05
Bill To:
PO Number:
NO PO
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
Order Number:
26389551
1400 MAIN ST
STE 440
Sales Rep:
073
SOUTHLAKE, TX 76092-7604
Description:
CITY OF SOUTHLA
Publication Date:
12/9/05
Attn ACCOUNTS . PAYABLE
DescriptionLocation
Col Depth
Linage MU
Rate Amount
CITY OF SOUTHLAKE ORDINANCE
NO souTHCITY OF �AKE_
� I ();
103 LINE
$0.81 $83.43
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for saic
for the Star -Telegram, published by the St
depose and say that the attached clippie
LEGAL DEPT. STAR TLEGRAM
(817) 390-7320
SUBSCRIBED AND SWORN TO BEFORE ME,
Thank You For Your Payment
---------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX
A
lates, disobeys, omits,
neglects or refuses tc
comply with or whc
resists the enforce-
ment of any of the
provisions of this or-
dinance 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 consti-
tute a separate of_
tense.
PASSED AND AP-
PROVED THIS THE
6th DAY OF DE-
CEMBER, 2005,
DURING THE REG-
ULAR CITY COUN-
CIL MEETING.
MAYOR: Andy
Wambsganss
ATTEST: Lori Farwell,
City Secretary
— ---ter:
Net Amount:
$83.43
his day personally appeared Lisa Wesselman, Bid and Legal Coordinator
:art Worth, in Tarrant County, Texas: and who, after being duly sworn, did
,nt was published in the above named paper on the listed dates: BIDS &
I I' 1 1
nber 20, 2005.
N CA As,, 2
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
P �•.S0
hP�V P
p 0
Z y
OF1
ExP)R�y' �b
CIT57
CITY OF SOUTHLAKE
263895511
$83.43
NO PO