480-143CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-143
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
78.046 ACRES OF LAND SITUATED IN THE J.W. HALE
SURVEY, ABSTRACT NO. 803, TRACTS lA AND lA3, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
"A" FROM "SF-20B" SINGLE-FAMILY RESIDENTIAL
DISTRICT, TO "R-P.U.D." RESIDENTIAL PLANNED UNIT
DEVELOPMENT 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 "SF-20B" Single-
Family Residential 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 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 zon'mg 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 a 78.046 acre tract of land situated in the J.W. Hale Survey, Abstract No.
803, Tracts lA and lA3, and more fully and completely described in Exhibit "A"
attached hereto and incorporated herein, from "SF-20B" Single-Family Residential
District to "R-P.U.D." Residential Planned Unit Development District, as depicted
on the approved Development Plan attached hereto and incorporated herein as
"Exhibit "B."
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 commtmity. 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. 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.
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 ~ day of ~
M"AYOR ! ~,/
~/ - '~{~[ ATTEST:
~'~ CI S~QRETARY
, 1995.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADORED: ~ /r, /9~
E~ECT~VE: /~
/
Page 5
EXHIBIT "A'
BEING A 78.05 ACRE TRACT OF I~AND SITUATED IN THE J. W. HALE SURVE'f, ABSTRACT
NUMBER 803, TARRANT COUN~', TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT
OF LAND CONVI~Y'ED TO MARVIN KERCHO, AND DESCRIBED IN DEED RECORDED IN
VOLUME 324 f, PAGE 415, DEED RECORDS, TARRANT COUNTY, TEXAS. BEARING BASIS IS
PI~.T FILED IN CABINGT A. SLIDE t 707. TIMARRON ADDITION, WINDSOR CREEK, PHASE 1.
PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 3/4" iron rod found at Ihe nodheast corner of that cedain tract of land conveyed
to Sarah Reynolds as described in deed recorded in Volume 2414, Page 583, Deed Records.
Tarrant County. Texas;
THENCE N 89°39'21' W. alon9 the nodh line ol said Reynolds tract, at 189.05 feet, passing a
3/4' iron rod found, a total distance of 210.00 feet to a 5/8" iron rod with plastic cap stamped
"Carter & Burgess' set in Carroll Road for corner, said point also being in the east line of that
certain 4.81 acre tract ol land conveyed to Timarron Land Corporation. described in deed
recorded in Volume 10533, Page 235, Deed Records, Tarrant County, Texas;
THENCE N 00"04'05" W. along the approximate centerline of Carroll Road and along the east
line of said 4.81 acre Timarron Land Corporation tract, and also along the east line of those
tracts of land recorded in Deed Records, Tarrant County, Texas, as follows: S. Ryan, Volume
7158, Page 644: Trustees of the Carroll Road Baptist Church, Volume 4929, Page 356; N. Pond,
Volume 7134, Page 944~ T. Barnetl, Volume 9657, Page 2320; Rucker Family Limited
Partnership, Volume 10432, Page 1162; P. Schell, Volume 2851. Page 198: and C. Prade.
Volume 2835. Page 358. a distance of 2056.61 feet to a 5/8' iron rod with plastic cap stamped
'Cader & Burgess' set for the nodhwest corner of herein described tract, said point also being
in the south line of LOT 2, BLOCK I. of the E. A. SMITH SUBDIVISION, that cedain 27.625 acre
tract of land conveyed to E. A. Smith, described in plat record Volume 388-t54. Page 91, Plat
Records. Tarrant County. Texas;
THENCE N 89°55'55. E. leaving the east line of said tracts and the said approximate centedine
of Carroll Road. along the south line ct said E. A. SMITH SUBDIVISION, 1397.48 feet to a 5/8'
iron rod with plastic cap stamped "Carter & Burgess' set in the west line of that certain tract of
land conveyed to THE BRANAN ENTERPRISES, described in deed recorded in Volume 6377,
Page 99. Deed Records. Tarrant County, Texas;
THENCE S 01°16'56' W. leaving the south line of said E. A. SMITH SUBDIVISION, along the
west line of said BRANAN ENTERPRISES tract, 621.41 feet fo a 1/2' iron rod lound at the
southwest corner of said RRANAN ENTERPRISES tract;
THENCE S 89°46'40" E. alon9 Ihe south line of said BRANAN ENTERPRISES tract, 19.52 feet
to a 5/8' iron rod Iound at the northwest corner ol that certain 2.52 acre tract Ol land conveyed
to Charles Had. described in deed recorded in Volume 3193. Page 361. Deed Records, Tarrant
County. Texas:
THENCE S 01 °23'55' E. leaving Ihe south line of said BRANAN ENTERPRISES. along the west
line ol said Chades Hart tract, and also along the west line ol those tracts ol land recorded in
Deed Records, Tarfant County. Texas, as Iollows: William Minor, Volume 6506. Page 266, and
Harvey Miller. Volume 9165, Page 2165, a distance ol 484.26 feet lo a t,'2' ,ron rod with plastic
cap stamped ' Vogl Eng,neering' Iound at the southwest corner of said Harvey M,Iler tract:
EXHIBIT "A"
THENCE S 86038'45. £. along the south line of said Harvey Miller tract, at 187.94 feet, passing
a t/2" iron rod with plastic cap stamped 'Vogt Engineering' found, a total distance of 208.19 feet
to a 5/8' iron rod with plastic cap stamped 'Caner & Burgess' sef in Carlisle Lane, said point
also being in the west line of that tract of land conveyed to N. Brown, described in deed
recorded in Volume 6444. Page 569. Oeed Records, Tarrant County, Texas;
THENCE S 00°04'56' W, along the approximate centerline of said Carlisle Lane and
the west line of said N. Brown tract, t 171.77 feet Io a 5/8' iron rod with plastic cap stamped
"Carter& Burgess' set in the north line el that certain 17.0 acre tract of land conveyed to
Timarron Land Corporation. described in deed recorded in Volume 10533. Page 235, Deed
Records. Tarrant County. Texas;
THENCE N 89014'05. W. leaving the west line of said N. Brown tract, along the north line of said
Timarron Land Corporation tract, and also along the north line of those tracts of land recorded
in E)eed Records, Tarrant County, Texas as follows: Bear Creek Communities, Volume t0351,
Page 2377, and that certain 2.86 acre tract conveyed to Timarron Land Corporation, described
in deed recorded in Volume 10533, Page 235, a distance of 1413.05 feet to a 5/8' iron rod with
plastic cap stamped 'Carter & Burgess' set at the southeast corner of the aforementioned Sarah
Reynolds tracl;
THENCE N 01 °09'53' E, leaving the north line of said 2.86 acre Timarron Land Corporation tract,
along the east line el said Sarah Reynolds tract, at 24.70 feet, passing a 3/4' iron rod found, a
total distance of 21t.03 feet to the POINT OF BEGINNING, and containing 78.046 acres
(3,399,664 square leer) of land with 0.55 acres contained in Carlisle Lane, 0.7 t acres contained
in Continental Boulevard. and 1.00 acre contained in Carroll Road, leaving a total of 75.786 acres
of land more or less.
EXHIBIT "B"
:,, ,;,! / J
Ordinance No. 480-143
Page 8
Fort Worth Star-Telegram
400 W. SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
CITY OF
SOUTHLAKE_ TEXAS
ORDINANCE SOUTHLAKE_,
480-143
AN ORDINANCE AMEND-
ING ORDINANCE NO. 480,
AS AMENDED THE COM-
PREHENSIVE LONINGOR-
SDOUTNHLAKEHETEXAS -
TOTAL
DATE AD INVOICE NO. DE GRANTING A ZONING` -; . - . INCH/LINE
RATE AMOUNT
CHANGE ON A CERTAIN •
APR 21 3167197 CL • 358 LAND WIITHINRTHE c TY 1X78- L 78 . 55 42.90
OF SOUTHLAKE TEXAS
apr 21
BEING 78.046 ACRES OF
LAND SITUATED IN THE
_.... ......._ J.W. HALE SURVEY AB-
- STRACT NO.803 TRACTS IA -- --- _-
AND 1A3 AND MORE FUL-
LY AND COMPLETELY
DESCRIBED IN EXHIBIT
__.,,_ •'A" FROM "SF-20B" SIN-
GLE-FAMILY RESIDEN-
TIAL DISTRICT TO R-
P.U.D." RESIDENTIAL
PLANNED UNIT DEVEL-
OPMENT DISTRICT SUB-
REQUIREMENTS CION
TTTAINED IN THIS ORDI-
NANCE CORRECTING
THE OFFICIAL ZONING -._.. .__.. _.....
MAP' PRESERVING ALL
TH�R PORTIONSOF THE
__. -. .......... ___ _.... _._..... OIG O NG INANACTE;T DHEE-
PUBLIC INTEREST,MOR- _.... __..
FARE DEMAND THE ZON-
ING CHANGES AND J
_...__ AMENDMENTS HEREIN _ _ ___ C _
f RIBE D #D �f�• • MADE PROVIDING THAT It' I 25TPH Y O1 APRIL 1995
THIS ORDINANCE SHALL
j�
ORDINANCESIVPROV D NOTARY PUBLIC ' C i
__... ...._ _...- _..__-_ ....__._._.._ ._......_... ING A S E V E R A B I L I T Y ._. _...- __. ..-_..� �- / % %
CLAUSE;PROVIDING FOR -- --`
A PENALTY FOR VIOLA-
TI NSHEREOF-PROVID- TAR NT CO NTY , TEXAS
ING A SAVINGS CLAUSE;
PROVIDING FOR PUBLI-
ICATION IN THE OFFICIAL
4:i f.� CIE PAPER AND ROE
.r sY,v hi IDING AN EFFECTIVE
Ri CR '.°< ATE.
P t•- •.4, Section 7.ionv person firm
4q ,, or corporation who violates,
Y`'`' disobeys,omits,neglects or
4 ,. /� it `•refuses to comply with orwho
OFFICE -resiststhe enforpemerNof anYY
OF � � F 1 of the provisions of this orid-
p ��^ Tp Hance shall be fined not more
CITY ' E1�Iy than Two Thousand Dollars
I'1 + ESa day that each
sviolation os s
permitted to exi st shall constl-
---TEAR ALONG THIS P PASSE ivao APPROVED JRN THE LOWER PORTION WITH YOUR PAYMENT
BY THE CITY COUNCIL OF M
THE CITY OF SOUTH-
LAKE THISTHE18THDAY
OF GaryFl kes, 5 REMIT TO : 400 W . SEVENTH, FW, TX 76102
GaryofSo,
Mayor of L.
Attest: Sandra L. LeGrand,
-)
City Sxretary 1V[�[v�[v uat�t v �t7��/�f v
For t h Star `�ro Jr.,City Att0 1len FIEN��� Hid/tsX X X)�?X X X X �F I� K>�aa/vX 1-2051
1 �� Taylor Jr.,City Attorney
�iC y i a n 1 ACCOUNT C I T 5 7 AMOUNT 42 . 90
NUMBER DUE
4
V
fti t` PAGE OF
CITY OF SOUTHLAKE
667 N CARROLL AVE 42 . 90
SOUTHLAKE TX 76092-9595 PLEASE PAY
THIS AMOUNT ,
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
TL1r STATE OF TEXAS
my of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE i AD INVOICE NO. DESCRIPTION AD SIZE Ncwutw RATE AMOUNT
APR 07 3159398 CL . 358 1X85 L 85 . 55 46 . 75
apr 7
-_.__... .._ ___... --. NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIV-
EN TO ALL INTERESTED
PER SONS that the City Coun-
cil_-- —� of the City of Southlake, —
Texas,will be holding a public
hearing during the Rgg ular
_. held onoApprill 18,11199S,beglnn--
_.... ping at 7:00 .m.The meeting
.... ......... .............. .-------.._....._.
p e ......_...
will be held in the City Council
Chambers of City Hall, 667
North Carroll Avenue,South-
--"- lake,Texas. The purpose of _ t
thepublichearing is toconsid-
er the following ordinance:
ORDINANCE NO.480-143
AN ORDINANCE AMEND-
---- ---- ING ORDINANCE NO. 480, -_
AS AMENDED THE COM L16,04W•mt.w.
-
PREHENSIVELONINGOR-
SOUTHLAKEHETEXAS•j '"..."711, •
BSCRIBED AND SWORN TO GRANTING
GN A ZONING.I HIS THE 7TH AY OF APRIL, 1995
TRACT OR TRACTS OF
OF"SOUTHLAKEHTEXAS NOTARY PUBLIC ,1 C /y��lr
._ _ __._...._.._ ._.. BEING 78.046 ACRES OF ...._._..__ _.
LAND SITUATED IN THE
J.W. HALE SURVEY AB-
STRACT NO.803 TRACTS IA TARRANT AND 1A3 AND mORE FUL- COUNTY ,
'� -` LY ANd COMPLETELY
1rR• Pry''- DESCRIBED IN EXHIBIT
�'' .A "A" FROM "SF-20B" SIN-
GLE-FAMILY RESIDEN-
�r• k TIALDISTRICT TO"R-P-U-
,N, ` D-" RESIDENTIAL -`
«• PLANNED UNIT DEVEL-
OFFICE OF I.�i.., "' -` OPMENT DISTRICT SUB-
�giii:�'' JECT TO THE SPl CIFIC
♦a:`�z-. REQUIREMENTS CON-
CITY SECY.ETARY TAINED TH
IS
IN ORDI-
NANCE;OIN NG THE
ORRICIAL ZONING MAP•
PRESERVING ALL OTHER
PORTIONS OF THE ZON-
MINING THATCTV_RpAuR-
TEAR ALONG THIS LIC INTEREST, RALS URN THE LOWER PORTION WITH YOUR PAYMENT---x,
AND GE NER AL WE L FAR
DEMAND THE ZONING
CHANGES AND AMEND-
MENTS D HEREIN
TIHAMTHIS
ORDINANCE SHALL BE
REMIT TO : 400 W • SEVENTH, FW, TX 76102
CUMULITIVE OF ALL OR-
DINANCES•PROVIDING A
Fort Worth r SEVERABILITY CLAUSE; �7E;�1jTT(�: RR'Sc �@xki�R §t�i��c �P' 2°5'
PROVIDING FOR A PEN-
ALTY FOR VIOLATIONS
HEREOF; PROVIDING A i
SAVINGS CLAUSE PRO-
3159398 VIDINGI THE PUBLICA-
TION ANUMBERCCOUNT CIT57 AMOUNTDUE 46. 75
NEWSPAPER AND PRO-
. VIDING AN AFFECTIVE
DATE.
Section 7.ANy person,fi rm or
corporation who violates,di-
sobeys,omits,neglects or re-
fuses to comply with or who
resists theenforcementof any
of the provisions of this ordi-
nance shall be fined not more
than Two Thousand Dollars
(S2,000.00) for each offense.
Each day that a violation Is
permittedtoexist shall consti-
tute a separate offense.
City of Southiake,Texas
Sandra L.LeGrand
City Secretary
CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY 46. 75
SOUTHLAKE TX 76092-9595 THIS AMOUNT il -
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED