480-637 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -637
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 2B, OBEDIAH W. KNIGHT SURVEY,
ABSTRACT NO. 899, SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 4.837 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 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,
Ordinance No. 480 -637 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,
Ordinance No. 480 -637 Page 2
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 described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899,
Southlake, Tarrant County, Texas, being approximately 4.837 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:
Ordinance No. 480 -637 Page 3
May 21, 2013; Approved by City Council at 1s Reading on consent (7 -0).
June 4, 2013; Approved 2nd reading (5 -0) subject to Revised Concept Plan Review
Summary No. 2 dated May 15, 2013.
1. Label the existing accessory buildings as "To Be Removed" or "To Remain ". The
accessory building on the eastern property line does not meet the minimum 20' side yard
setback required in the SF -2 zoning district, so it will be designated as an existing
nonconforming structure. Accessory buildings are not allowed to be forward of the
principal structure, so depending on the placement of the new home, approval of a
Special Use Permit may be required to allow the structure to remain on the lot. (A note
has been added to the attached Corrected Concept Plan submitted June 21, 2013
stating that the accessory structure on the eastern property line will be removed
prior to issuance of a Certificate of Occupancy for the new residence).
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
Ordinance No. 480 -637 Page 4
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
Ordinance No. 480 -637 Page 5
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 in its entirety on the City website 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 it 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 21 day of May, 2013.
MAYOR
ATTEST: `�,,�oTH•
CITY SECRETARY =, S.. 0 1
, * ** .0%% %
PASSED AND APPROVED on the 2 " reading the 4 day of June, 2013.
MAYOR
ATTEST:
Ordinance No. 480 -637 Page 6
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Ordinance No. 480 -637 Page 7
EXHIBIT "A"
Being described as Tract 2B, Obediah W. Knight Survey, Abstract No. 899, Southlake, Tarrant
County, Texas, being approximately 4.837 acres, and more fully and completely described
below:
BEGINNING at a 1 inch rebar found at the Northeast corner of Lot
3, Block A as shown on the Plat of Sun Square Addition
recorded in Volume 388 -212, Page 42 of the Plat
Records of Tarrant County,Texas;
THENCE North 89 Degrees 27 Minutes 08 Seconds East, with
the South line of Lot 11 of the O.W. Knight No. 899
Addition as recorded in Cabinet A, Slide 4870 of the
Plat Records of Tarrant County,Texas, and passing the
Southeast corner of said Lot 11 being a found 5/8 inch
rebar stamped ''C &B" at a distance of a distance of
196.39, also being the Southwest corner of LotS, Block 52 of
the Timarron Addition recorded in Cabinet A, Slide 3454 of
the Plat Records of Tarrant County,Texas, continuing on the
same course now with the South line of said Block 52 for a
total distance of 436.95 feet to a 1 inch rebar found at the
Northwest corner of a Boundary Line Agreement recorded in
Volume 8899, Page 2146 of the Deed Records of Tarrant
County, Texas;
THENCE South 00 Degrees 57 Minutes 51 Seconds East, with West line
of said Boundary Line Agreement a distance of 480.83 feet to
a mag nail with a metal washer stamped "JPH Land
Surveying" set at the Northeast corner of a 25-foot Right of
Way Dedication according to the plat recorded in Cabinet A,
Slide 1658 of the Plat Records of Tarrant County, Texas;
THENCE North 89 Degrees 54 Minutes 15 Seconds West, with the
north line of said 25 -foot Right of Way Dedication a distance
of 444.12 feet to a nail and washer stamped "JPH Land
Surveying'' set at the Southwest corner of Melvin G Brekhus
and Candace) Brekhus, as recorded under document No.
D212287616, Official Public Records, Tarrant County, Texas;
THENCE North 00 Degrees 06 Minutes 31 Second West, with the
aforementioned East line of Lot 3, Block A, Plat of Sun Square
Addition, a distance of 475.84 feet to the PLACE OF
BEGINNING and enclosing 4.837 acres of land.
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INVOICE
St - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 325356091
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 4/26/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 4/30/2013
Bill To: RECEIVE[; PO Number: NO PO
CITY OF SOUTHLAKE
1400 MAIN ST MAY Order Number: 32535609
STE 440 2013 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 { Description: PUBLIC HEARING
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/26/2013
PUBLIC HEARING NOTICE CITY OF I3580 1 88 88 LINE $17.28 $1,520.36
Sales Discount
($1,379.88)
Misc Fee $10.00
Net Amount: $150.48
MAY 1 6 2013
OFFICE , F CITY SECRETAF:
tea; pop„ CHRISTY LYNNE HOLLAND
r :°.� •:n. Notary Public, State of Texas
. My Commission Expires
;�; ; F July 31, 2016
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 in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215-2323 w ��
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, April 3f, 20 :/
Notary Public /'� ��� - 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: 325356091
Invoice Amount: $150.48
PO Number: NO PO
Amount Enclosed: $ _.M
PUBLIC HEARING NOTICE
CITY OF SOUTHLAKE, TEXAS
Notice is hereby given to all inter-
ested persons that the City of
Southlake, Texas, will consider the
following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for:
Planning and Zoning Commission on
Thursday, May 9, 2013, at 6:30 p.m.
or immediately following the
Planning and Zoning Work Session,
will hold a public hearing and
consider:
• Ordinance No. 1065 (CP13 -001),
Land Use Plan ,'Amendment from
Office Commercial to Mixed Use on
property described as Lot 1R, Block
1, Medical Villas at Tuscan Creek,
an addition to the City of Southlake,
Tarrant County, Texas and located
at 321 West Southlake Boulevard,
Southlake, Texas. The current
zoning is "0 -1" Office District. The
proposed zoning is "5 -P -1" Detailed
Site Plan District. SPIN Ik 10.
City Council on Tuesday, May 21,
2013, at 5:30 p.m. or immediately
following the City Council Work
Session, will hold a public hearing
and consider:.
• ZA13 -042, Site Plan for Markham
Fine Jewelers on property described
as Lot 1, Block 2R1, Southlake Town
Square, Phase I, an addition to the
City of Southlake, Tarrant County,
Texas and located at 218 State
Street, Southlake, Texas. The
current zoning is "DT" Downtown
District. SPIN Neighborhood 48.
City Council on Tuesday, June 4,
2013, at 5:30 p.m. or immediately
following the City Council Work
Session, will hold a public hearing
and consider:
• Ordinance No. 480 -637 (ZA13 -040),
Zoning Change and Concept Plan
for 250 Lilac Lane on property
described as Tract 2B, Obediah W.
Knight Survey, Abstract No. 899,
Southlake, Tarrant County, Texas
and being located at 250 Lilac Lane,
Southlake, Texas. Current Zoning:
AG - Agriculture District. Requested
Zoning: SF -2 - Single Family Res -
idential District. SPIN Neighbor-
hood Ik 9.
• Ordinance. No. 1065 (CP13 -001),
Land Use Plan Amendment from
Office Commercial to Mixed Use on
} property described as Lot 1R, Block
1, Medical Villas at Tuscan Creek,
an addition to the City of Southlake,
Tarrant County, Texas and located
at 321 West Southlake Boulevard,
Southlake, Texas. The current
zoning is "0 -1" Office District, The
proposed zoning is "S-P-1" Detailed
Site Plan District. SPIN It 10.
• Ordinance No. 480-638 (ZA13 -019),
Zoning Change and Site Plan for
Capelli Offices & Suites on property
described as Lot 1R, Block 1,
Medical Villas at Tuscan Creek, an
addition to the City of Southlake,
Tarrant County, Texas and located
at 321 West Southlake Boulevard,
Southlake, Texas. Current Zoning:
0 -1 Office District. Proposed Zon-
ing: S -P -1 Detailed Site Plan District
with 0 -1 Office District uses and
limited C -1 Neighborhood Com-
mercial District uses. SPIN lk 10.
All interested persons are urged to
attend.
City of Southlake
Alicia Richardson, TRMC
City Secretary
INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 325879231
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 6/6/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Bill To RECEIVEL, Due Date: 6/ 0/701
PO Numbe • 6.0 PO
CITY OF SOUTHLAKE -
1400 MAIN ST JUN 2 1 2 013 Order Number: 32587923
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 CITY OF
FINANCE ; ,.::, Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Date: 6/6/2013
ORDINANCE N0. 480-637 e r e ' $ , °,,,,, t , ,
AN ORDINANCE AMENDING ORD) "" '" ° �' ��
NANCE NO. 480, AS AMENDED, i
CITY C THE COMPREHENSIVE ZONING IN I3580 1 61 61 LINE $2.40 $146.40
ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A
ZONING CHA NGE ON A CERTAIN
Sales Di
TRACT OR TRACTS OF LAND ($73.20)
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY _DE-
Mlsc Fe
SCRIBED KNIG T S TRACT URVEY, B ABSTRACT $
NO. 899, SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING AP-
PROXIMATELY 4.84 ACRES, AND
MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT 6A6 FROM
6SF-26 SINGLE AGRICULTURAL FAMILY TO RECEIVED Net Amount: $78.20
DENTIAL DISTRICT, AS DEPICTED
ON THE APPROVED CONCEPT
PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EX-
SPECIFIC REQUIREMENTS REQUIREMENTS CON- JUN 2 4 2013
TAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER =-'�-
PORTIONS OF THE ZONING OR- ' : :t4
DINANCE; DETERMINING THAT { �, f NN HOLLAND
E
THE PUBLIC INTEREST, MORALS OFFICE OF CITY SECRETARY i ; . - ' `. , c ' f " CHRISTY tY t+ Notary Public, State of Texas
AND GENERAL WELFARE DEMAND i � ` : : • : q My Commission Expires
THE ZONING CHANGES AND fi >
' '% "'' .�
THE ST AMENDMENTS HEREIN MADE; ei ,,,S t ... July 31, 2016
COUn PROVIDING T HAT THIS ORDI a
ty NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING
Before r A SEVERABILITY CLAUSE; PRO-
VIDING FOR A PENALTY FOR ,ounty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star VIOLATIONS HEREOF; PROVIDING` olegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the A SAVINGS CLAUSE; PROVIDING nt was published in 'the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
FOR PUBLICATION IN THE OFFI ' P p p
(817) 21 CIAL NEWSPAPER; AND PROVID-
ING AN EFFECTIVE DATE. ` ` . r \\�41QML
Any person, firm or corporation who ^9►P�!
violates, disobeys, omits, neglects S igned
or refuses to comply with or who
resists the enforcement of any of
SUBSCI the provisions of this ordinance ME, THIS Friday, Jun: $ , 0 . 1
shall be fined not more than Two
Thousand Dollars ($2,000.00) for
each offense. Each day that a Notary Public / / - / , - _d I, /LL
violation is permitted to exist shall — — -
constitute a separate offense. '
Passed and approved this the 4TH
day of June, 2013 during the regular
City Council meeting.
Mayor: John Terrell
Attest: Alicia Richardson, City Sec -
Thank _ • , eY ury — — _ ..— _ ...,nt
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 325879231
Invoice Amount: $78.20
PO Number: NO PO
Amount Enclosed: $