480-525
OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-525
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 A PORTION OF LOT 1, R.P. ESTES ADDITION
SITUATED IN THE T. MANN SURVEY, ABSTRACT NO. 1107,
BEING APPROXIMATELY 4.97 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-IA" 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 TillS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENAL TY 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,
I
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 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 SoutWake, 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 SoutWake, 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 Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107,
being approximately 4.97 acres, and more fully and completely described in Exhibit "A"
from "AG" Agricultural District to "SF-IA" 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. Subject to Concept Plan Review Summary No.2, dated April 27, 2007:
a. Label the subject property and adjacent properties with existing zoning and current
land use plan designation.
b. Show and label the width and type of the bufferyard required along W. Dove Street.
Clearly distinguish the bufferyard on the graphic. A 10' - Type 'B' bufferyard is
required adjacent to arterial streets.
c. The following changes are needed with regard to driveways:
1. Label the distance between the proposed driveway centerline to the nearest
street right-of-way intersection and/or to existing driveway centerlines off-site
in both directions of the site.
11. Show the existing driveways on adjacent properties and across adjoining rights-
of-way.
d. Provide a site data summary chart with the existing zoning, proposed zoning, existing
land use designation, gross acreage, net acreage, and net density.
e. The following changes are needed with regard to the Tree Conservation Plan:
1. Use symbols/colors to identify which trees are to be removed, which trees are
to be preserved, and which trees may be removed.
11. Provide a legend to define the tree type abbreviations.
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.
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 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 May, 2007.
- /~ :- ~
MAYOR
ATTEST:
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PASSED AND APPROVED on the 2nd reading the 5th day of June, 2007.
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APPROVED AS 0 FORM AND LEGALITY:
CITY ATTORNEY
DATE: q --l.{ --0 7
ADOPTED: &>A; --07
EFFECTIVE: Co - 8 -- 0 1
EXHIBIT "A"
Being Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107, and being
approximately 4.97 acres.
STATE OF TEXAS
COUNTY OF TARRANT
THAT. WHEREAS. RICHARD SMITH and wife ANN SMITH ARE THE OWNERS OF THE WEST 1/2 OF
TRACT 1 OF R.P. ESTES SUBDIVISION, AN ADDITION IN THE CITY OF SOUTHlAKE, TARRANT COUNTY,
TEXAS AS SHOWN ON THE PlAT RECORDED IN VOLUME 1957, PAGE 324, PlAT RECORDS, TARRANT
COUNTY, TEXAS (PRTCT) AS DESCRIBE IN A DEED FILED UNDER CLERK'S FILE No. 0206098283
DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT) AND BEING MORE PARTICUlARLY DESCRIBED BY
METES AND BOUNDS AS FOllOWS:
BEGINNING at 0 1/2 " iron found in the north right-of-way line of West Dove Street at the
southwest corner of Tract 1, above referenced, said point being the southeast corner of a tract
of land to Yvonne Haynes described in a deed recorded in Volume 6250, Page 964, DRTCT:
THENCE N. 00'-0.3'-39" W along the east line of said Yvonne Haynes tract and continuing along
the east line of the tracts described in deeds of record in Volume 62.35, Page 616, Volume
62,35, Page 626, & Volume 62.35, Page 621, in 011 668.85 feet to a 1/2" iran found in the
south line of 0 tract described to Solano limited Partnership filed in Volume 13290, Page 9,
DRTCT, said point being the northwest corner of lot 1, above referenced;
THENCE S 88'-55'-00" (, along the south line of said Solano Limited Portner~hip tract 32148
feet to 0 1/2" iron rod found at the northwest corner of the East 1 /2 of Tract I, R p. Estes
Subdivision, above referenced, as described in 0 deed filed in Vol. 6514, Pg. 615, DRTCT;
THENCE S. 00'-46'-32" E. 661.71 feet to 0 fence corner found in the north right-of-way line
of said West Dove Street;
THENCE S. 89'-48'-17"W. a distance of 329.67 feet along said north line and the south line of
the herein described tract to the POINT OF BEGINNING and containing 216, 556 Sq.Ft. or 4.971
Acres.
EXHIBIT "B"
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INVOICE
Draft Only
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
RIE' CE`' ED
J U N 2 2 2007
Bill To: OFFICE OF CITY SECRETARY
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Customer ID: CIT57
Invoice Number: 285001731
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
6/8/07
Net due in 21 days
6/30/07
PD W/MC
28500173
073
CITY OF SOUTHLA
6/8/07
Description
Location
Col Depth
Linage MU
Rate Amount `
CITY OF SOUTH-
PENALTY FOR VIOL
CITY OF SC
LAKE
ORDINANCE
HEREOF*30
PROVIDING
PROVIDING A SAF"
1 109
109 LINE
$0.81 $88.29
NO. 480-525
INGS CLAUSE
AN ORDINANCE
PROVIDING -FOP
AMENDING. ORDI-
PUBLICATION 1
THE OFFICIAL
NANCE NO. 480, AS
AMENDED, THE
NEWSPAPER, AND
AN
COMPREHENSIVE
PROVIDING EF-
ZONING OR
FECSECT SECTION -
Net Amount: $88.29
OF OF THE CITYTY
SOUTHLAKE,
Any person, firm or
TEXAS;
TEXAS; GRANTING
corporation who VI_
A ZONING CHANGE
-CERTAIN
olates, disobeys,
omits, neglects or
TRACTA
TRACT TRACTS
refuses to comply
D WITHIN
with or who resists
the enforcement of
THELAND
THE CITY X-
SOUTHLAKE TEX-I
any of the provisions
AS BEING LEGALLY
of this ordinance
DESCRIBED A
shall be fined not
LOT
PORTION OF LOT 1,
more than Two
Thousand Dollars
R.P. ESTES ADDN
THE SITUATED IN
($2,000.00) for each
THE T. MANN SUR-
offense. Each day
that a violation is
VEY ABSTRACT NO.
110'/, BEING AP-
permitted to exist
PROXIMATELY 4.97
shall constitute a
separate offense.
ACRES, AND MORE
FULLY AND CO
PASSED AND AP -
E-
DE-
PROVED THIS THE
SC"
SCRIBED IN EXHIBIT
5th DAY OF JUNE,
2007, DURING THE
-
'7"G�T
F
A" FROM AG"
AGRICULTURAL
REGULAR CITY
1i'•s�11�J
DISTRICT Tr SF-
COUNCIL MEETING.
SINGLE FAMILY
RESIDENTIAL
RESIDENTIAL DIS-DEPICTED
MAYOR: Andy
Wambsganss
`
JUN 2 Y 2o0i
TRICT, AS DEPICTED
ATTEST: Lori Payne,
CONCEPT APPROVED
City Secretary
i4�"Y'�°
CHRISTY L. HOLLAND
AN
ATTACHED HERETO,
AND
r. .:_
MY COMMISSION EXPIRES
�:
ED REIN DRAT-
B" SUBJECT
i
•,"�;�;
July 31, 2008
�---��
HIBITE
" Af��
TO THE SPECIFIC
THE STATE REQUIREMENTS
a
'CONTAINED IN THIS
County of T, ORDINANCE:_ COR-
Before me, :
for the Star-'
say that the
TELEGRAN
(817) 390-7
A M E N D M E N
HEREIN MA
PROVIDING TH
THIS ORDINAP
SHALL BE CUI\
LATIVE OF /
SUBSCRIBI V DDING NA 9EVI
ABILITY CLAU
PROVIDING FOR
Thank You -Tor -Your
for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator
ly the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
n advertisement was pyblished in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR
61,
BEFORE ME, THIS Monday, Jun,0 11
Notary Publi
Remit To: Star -Telegram Customer ID:
P.O. BOX 901051 Customer Name:
FORT WORTH, TX 76101-2051 Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed:
CIT57
CITY OF SOUTHLAKE
285001731
$88.29
PD W/MC 11
INVOICE
Star -Telegram
400 W. 7TH STREET
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn Attn:
CITY OF
CITY O:Notice is herebygivenl
by the City Council
of the City of
Southlake, Texas,
that a public hearing
will be held on June
5,'0'o" at 5:00 p.m.
or immediately fol-
lowing the Work
Session, during the
Regular City Council
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
following ordinance:
ENS
THE
Count
PLh I-LLY DE-
Befor( SCRIBED IN EXHIBIT: I
'A" FROM AG".
forthE AGRICULTURALIf
Satl',DrSIGEA1A'INLMILYn,
TELEuKAPA
(817) 390-7501
PAYABLE
OR
Customer ID: CIT57
Invoice Number: 284146581
RECEIVED Invoice Date:
Terms:
J U N - 5 2007 Due Date:
PO Number:
OFFICE OF CITY SECRETARY Number:
Sales Rep
Description:
Publication Date:
DEPICTED _ON' THE
APPROVED DEVEL-
OPMENT PLAN AT-
TACHED HERETO
AND INCORPORAT-
ED HEREIN AS EX-
HIBIT "B", 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
I3580 1 119 119 LINE
Net Amount:
CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
+';�'9F;t+ July31,2008iji
5/18/07
Net due in 21 days
5/31 /07
NO PO
28414658
073
CITY OF SOUTHLA
5/ 18/07
$0.81 $96.39
$96.39
and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator
ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and
was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR
Sign
Any person, firm or I
SUBSCRIBED AND SWOR' corporation who
vi, HIS
omits, neglects or
Thank YOU For YOUI refuses to comply
with or who resists
the enforcement of Nota
_„ u ,.,,,_ — any of the provisions
""' ---'- "'-- "'-'� "" -'""- ' of this ordinance— —
shall be fined not
more than Two
Thousand Dollars
11 000.00) for each
offense. Each day
that a violation is
Remit TO: Star-Telep permitted
ed t to exist
sha7�
separate offense.
P.O. BOXLCIty se Payneuthlake
City Secretary
FORT Wolx_ 111, 1 n i u i O 1-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed.
CIT57
CITY OF SOUTHLAKE
284146581
$96.39
NO PO
l$
1