480-510
OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-510
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 11, SITUATED IN THE R.D. PRICE
SURVEY, ABSTRACT NO. 1207, BEING APPROXIMATELY 4.02 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICUL TURAL DISTRICT TO "R-PUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-IA" SINGLE
FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT
STANDARDS, 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
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 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 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately
4.02 acres, and more fully and completely described in exhibit "A" from "AG"
Agricultural District to "R-PUD" Residential Planned Unit Development District with
"SF-IA" Single Family Residential District uses as depicted on the approved Development
Plan, including "R-PUD" development standards, attached hereto and incorporated herein
as Exhibit "B", and subject to the following specific conditions:
1. Fencing to be limited to the area designated as the building pad and to
be limited to wrought iron
2. revise the PUD regulations to reflect the proposed concept plan
3. subject to revised PUD regulations as presented at second reading
4. limiting accessory structures to 1,000 s.f. and requiring those structures to be made of the
same materials as the home;
5. requiring all access to the site to meet Fire Department access requirements; and
6. subject to Development Plan Review Summary No.2, dated January 10, 2007:
a. Provide Owner and person preparing the plan names, addresses and phone number
on the plan.
b. Provide a bolder line type and clearly identify the preservations areas and other
stands oftrees to be preserved on the Tree Conservation Analysis.
c. Label adjoining property owners, land use designation and zoning within 200'.
d. Clearly distinguish the Grapevine Reservoir Flowage Easement defined by the 572'
contour elevation.
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 ofthis 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 ofthis 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 2nd day of January, 2007.
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PASSED AND APPROVED on the 2nd reading the 16th day of January, 2007.
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CITY ATTORNEY
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DATE:
ADOPTED:
EFFECTIVE:
EXHIBIT "A"
Being Tract 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately 4.02 acres.
Metes & Bounds Description of Property for .Jerry Statham
Legal description of the land
TRACT A:
By deed can a portion of that certain 14.113 acre tract of land situated in the JOHN WlZWELL
SURVEY, Abstract No. 1347 and the RD. PRICE SURVEY, Abstract No. 1003, Denton County, Texas;
said tract being part of a tract shown by deed to Emma Fretwell and recorded in Volume 250, Page 178,
Deed Records, Denton County, Texas and said portion being more particularly described from the RD.
PRICE SURVEY, Abstract No. 1003, and the R D. PRICE SURVEY, Abstract No. 1207, Tarrant
County, Texas as follows:
BEGINNING at a 112" (A W) capped iron rod set for by deed call the most southerly southeast corner of
the herein described subject property;
THENCE: N 89E 28' 10" W 422.72 feet to a 112" (A W) capped iron rod set on the south property line of
the above referenced Fretwell tract and an easterly line of Lake Grapevine Reservoir tract of which a 1"
iron pipe bears S 88E 04' 24" E 5.21 feet;
THENCE: N 26E 27' 46" W to.50 feet to a concrete monument numbered C-248-10;
THENCE: following said Reservoir line the following courses;
1. N 6E 11' 43" E 410.29 feet to concrete monument No. C-248-9;
2. S 81E 23' 40" E 51.38 feet to concrete monument No. C-248-8B;
3. N lOE 03'20" E 119.23 feet to concrete monument No. C-248-8A;
4.$ 68E 06" 52" E 290.64 feet to a 112" Iron Rod Found, said point being point 18.05 feet along same
line from concrete monument No. C-248-8;
THENCE: S 02E 05' 11" E passing 78.60 feet the northwest corner of a called 26' by 210' strip conveyed
from Thomas I. Powers, Jr. and wife, Chris Powers, and Delpha R. Powers to Don Burnett and wife,
Patricia Ann Burnett as recorded in Volume 587, Page 63, of the Deed Records of Denton County, Texas,
in all 288.60 feet a 112" (A W) capped iron rod Set for the southwest comer of said 26' wide strip;
THENCE: N 89E 41' 14" E 26.00 feet to a 1/2" (AW) capped iron rod set for an "L" comer on the
original common line of the Fretwell and Burnett tracts;
THENCE: S 02E 13' 36" E 134.37 feet to the Point of Beginning and containing 175,147 square feet or
4.0210 acres ofland.
TRACT C:
By deed call a portion of that certain 14.113 acre tract of land situated in the JOHN WIZWELL
SURVEY, Abstract No. 1347 and the RD. PRICE SURVEY, Abstract No. 1003, Denton County, Texas,
said tract being part of a tract of land shown by deed to Emma Fretwell and recorded in Volume 250,
Page 178, Deed Records, Denton County, Texas and said portion being more particularly described from
the R.D. PRICE SURVEY, Abstract No. 1003 and the R.D. PRICE SURVEY, Abstract No. 1207 Tarrant
County, Texas, as follows:
BEGINNING at a II2" (A W) capped iron rod set for by deed call the most southerly southeast comer of
the herein described property;
THENCE: SOlE 59' 57" W 19.58 feet to a 1/2" iron rod found for the northeast comer of a tract
described in a deed to David George as recorded in Volume 10590, Page 2077, of the Deed Records of
Tarrant County, Texas;
THENCE: S 89E 25' 02" W 408.29 feet to a 1/2" iron rod found in the north line of said David George
tract;
THENCE: S 89E 25' 58" W 60.71 feet to a concrete monument C-248-11;
THENCE: N 26E 27' 46" W 30.86 feet (A W) capped iron rod set for a corner;
THENCE: S 89E 28'10" E 422.72 feet to the POINT OF BEGINNING and containing 9,810 square feet
or 0.2252 acres of land, more or less.
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"R-PUD" USES & REGULA nONS
Statham PUD District
The Statham PUD District will contain all of the Section II. SF-l A Single-Family
Residential District (As amended by Ordinance No. 480-HHH) except for the following
changes:
11.1 - No changes
11.2 - No changes
113 - No changes
11.4 - No changes
11.5 - Shall be replaced with:
DevelQpment RelfUlations - In this district, the following development regulations shall
be applicable:
a. Height: No building or structure shall ex.ceed 45 feet.
b. Front Yard: As shown on concept plan
c. Side Yard: As shown on concept plan
d. Rear Yard: As shown on concept plan
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding (20%) of the lot area, except the sum total of accessory
buildings shall not exceed 2,500 square feet.
f. Lot ~ The mjpj.mum area of a lot shall be forty-three thousand five hundred
sixty (43,560) square feet.
g. Lot Dimensions: No restrictions
h. Floor Area: The main residence shall contain a minimum of three thousand
(3,000) square feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling unit per acre
5haJII.0.
j. All trees within the property except in the designated building pad. driveways.
and 20' variance granted, shall be preserved.
11.6 - No Changes
11.7 - Strike in its entirety
11.8 - Access - Due to environmental conditions (tree presetvation and wildlife
considerations), lot shall be permitted to front private access easement rather than a
public street.
11.9 - Variance not otherwise stated ~ Due to environmental conditions (tree
preservation) please allow for a pad, road, and driveway variance of up to twenty feet (20
ft). Received
OCT 1 9 200&
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INVOICE
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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: ACCOUNTS PAYABLE
CITY OF SOUTHLAKE ORDINANCE NO I3580
F E B 1 3 2007
OFFICE OF CITY SECRETARY
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and Stat
for the Star -Telegram, published by the Star -Telegram, Inc.
depose and say that the attached clipping of an advertis(
LEGAL DEPT. STAR TELEGRAM
(817) 390-7320
Signed
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Fe
Notary Publi,
Thank You For Your Payment
---------------------
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Z
or
Customer ID:
CIT57
Invoice Number:
279436591
Invoice Date:
1/19/07
Terms:
Net due in 21 days
Due Date:
1/31/07
PO Number:
NO PO
Order Number:
27943659
Sales Rep:
073
Description:
CITY OF SOUTHLA
(Publication Date:
1/19/07
iViN' 116 LINE $0.81 $93.96
OF
TEX-
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AS
THIS
1ACT Net Amount: $93.96
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AND
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FIC ...; MY CO
TSMMISSION EXPIRES
IF `_ HIS July 31, 20(lf1
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OR-
OF-
NG
OR-
iDE ' ap red Lisa Wesse an, Bid and Legal Coordinator
HE t o nty, Texas; an ho, after being duly sworn, did
RrE I1n he above Harped p per on the listed dates: BIDS &
ment of any of the ID:
provisions of this or-
dinance shall be fined
not more than Two • Name:
Thousand Dollars
0 4000.00) for each
offense. Each day .that LL
a violation is permitted�umUer:
to exist shall consti-
tute a separate Of-
fense. amount:
PASSED AND AP-
PROVED THIS THE
ARY, D20070DURINGber.
THE REGULAR CITY
COUNCIL MEETING.EnelOSed:
MAYOR: Andy
Enclosed:
ATTEST: 1 nrl Farwell,
r1K secretary
CIT57
CITY OF SOUTHLAKE
279436591
$93.96
NO PO