480-504
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-504
OFFICIAL RECORD
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 TRACTS
2AI & 2AIC, SITUATED IN THE O.W. KNIGHT SURVEY,
ABSTRACT NO. 899, BEING APPROXIMATELY 2.97 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 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 South lake, 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,
Page I
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 ofthe City of SoutWake, 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 ofSoutWake, 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 SoutWake, 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,
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 South lake, 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 ofland were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts ofland are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of South lake, 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 Tracts 2Al & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, being
approximately 2.97 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 specific conditions:
1) Subject to the applicant's agreement to move the driveway over 20-feet to preserve the
20-inch elm located in the right-of-way of Pine Drive;
Page 3
2) Subject to the applicant's agreement to move the building structure over 15 to 20 feet
to preserve the 30-inch elm that is shown within the building site;
3) Subject to the applicant's agreement to move the sports court an additional 25-feet
away from the property line;
4) Subject to the following comments on Concept Plan Review Summary No.1, dated
September 15,2006:
a) Relocate the 6' sidewalk along the east side Pine Drive within the R.O.W.
limits. Any portion of the plat that encroaches into the proposed lot will
require a pedestrian access easement.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of South lake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts ofland 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 ofSoutWake, 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
Page 4
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
ofland 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 ofland 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 ofthe City of Southlake are expressly saved as to any and all violations ofthe
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.
Page 5
SECTION 9.
The City Secretary of the City of South lake 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 3rd day of October, 2006.
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MAYOR
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PASSED AND APPROVED on the 2nd reading the 17th day of October, 2006.
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APPROVED AS T FORM AND LEGALITY:
DATE: ct...L( ..-01
ADOPTED: /() -/J.O~
EFFECTIVE: II)' 2f) .()~
Page 7
EXHIBIT "A"
Being Tracts 2AI & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 2.97
acres.
BEING A TRACT Of' LAND OUT or THE O.W.. KNlGliT SURvE't. ABSTRACT NO. 899. TARRANT COUNTY. TEXAS. AS
DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0205186274. DEED RECORDS. TARRANT COUNlY. TEXAS.
AND BEING UORE PART1CULARl Y DESCRIBED AS fOllOWS:
BEGINNING AT A 1/2. IRON fOUND IN THE EAST R.O.w. UNE or PINE DRNE. FOR THE NORTHWtST CORNER or
TRACT BErNG DESCRIBED. SAID POINT BEING LOCATED 1~.06 FEET NORTH 89 DECREES 34 UlNUTES 1!!l SECONDS
WEST OF LOT 20. O.W. KNIGHT NO. 899 AODIT1ON. AN ADDmON TO THE. CITY or SOUTHLN<E. ACCORDING TO
THE PlAT RECORDED IN CABlNET A. SUDE 1310, PLAT RECORDS, TARRANT COUNTY, TEXAS~
THENCE SOUTH 89 DEGREES 34 UlHUTES 15 SECONDS EAST 490.93 FEET AlONG SAID LOT 20. o.W.. KNlGHt
NO. 8911 ADDmON fOR THE NORfHEAST CORNER Of TRACT BEING DESCRlBtO:
THENCE SOUTH 00 DEGREES 10 U1NUTES 03 SECONDS WEST 280. I 3 FEET AlONG THE WEST lINE Of" SAID
LOT 20. O.W. KNIGHT NO.899ADOmON TO A 1/2- IRON PIN FOUND FOR THE SOUTH EAST CORNER or TRACT
BEING DESCRIBED. SAlD POINT ALSO BEING IN lHE NOR'IH UNt Of' SlOCK A. CR>>WI - WHITE AQOITJON. AN
ADQrTlON TO nu: CITY Of." SOUTHlNCE, TARRANT COUNtY. TEXAS ACCQROlNG TO DEEO RECORDED IN VOlUI.lE
388-201, PAGE 82. DEED RECORDS. TARRANT COUNTY. TEXAS~
THENCE NORTH 89 DEGREES 30 UlNUTES 41 SECONDS WEST 354.78 FEET AlONG THE NORTH UNE or SAID
EIl.OCK A. GR.VWoI - wtflTE ADDITION TO A '/)/8"' IRON PIN rOUND rOR THE yOST SOUTHERLY SOUJHWEST
CORNER or TRACT BEING DESCRJBED. SAID POINT BEING THE SOtJllOST CORNER Of' A TRACT Of' LAND AS
DESCRIBED IN 0[[0 RECORDED IN \/OLUUE 11388. PACE 34~. O[EO RECORDS. TARRANT COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 00 UINUTES Oil SE~DS EAST !W.O~ FEET AlONG THE EAST UN[ OF' SAID
TRACT Of." lANO AS DESCRlBEO IN DEED RECORDED Iff VOI.UUE 11368. PAGE 34~ 10 A 5/8"' IRON PIN fOUND
FOR AN INSlD[ CORNER Of' TRACT BEING o[SCRIBED AND FOR THE NORTHEAST CORNER or SAID TRACT OF
LAND AS DESCRSBED IN DEED RECORDED IN VOLUME 11368. PAGE 345~
THENCE NORTH 89 DECREES 32 MNUTES 15 SECONDS WEST '~.2~ FEET AlONG THE NORTH UNE or SAID
TRACT OF lAND AS DESCRrStO W DEED RECORDEO IN YOt.uut 11368. PAGE 34$ 10 A S/8- IRON PIN fOUND
IN THE EAST UHE OF PINE DR1\IE fOR THE NORTHWEST CORNER or SAID TRACT OF LAND .M, DESCRIBED IN DEED
RECORDED IN VOl.UUE 11368. PAGE 345 AND FOR THE I.lOST WESTERlY SOUTHWEST CORNER or TRIoCT BEING
DESCRIBED:
THENCt NORTH 00 DECREES 01 U1NUTES 12 SECONDS WEST 219.74 FEET AlONG THE EAST UN[ or SAID
ANE ORNE TO THE POINT or BECINNINGANl) CONTAINING 2.;~ ACRES or LAND YORE OR LESS
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INVOICE PrWalAttSfq
fie
Star-Telegram Customer ID: CIT57
400 W.7TH STREET RECEIVED Invoice Number: 275503551
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 9/29/06
Federal Tax ID 22-3148254 aL- 1 6 2006 Terms: Net due in 21 days
Due Date: 9/30/06
Bill To:CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY PO Number: NO PO
1400 MAIN ST Order Number: 27550355
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Attn Attn: ACCOUNTS PAYABLE Publication Date: 9/29/06
Description _ ,;, Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE Notice is he 13580 1 123 123 LINE $0.81 $99.63
CITY OF 1C, SITUATED IN
SOUTHLAKE I E 0.W. KNIGHT
Notice is hereby given R pp
by the City Council of T NO. 9eXI.
the City of Southlake, BEING APPRO - Net Amount• $99.63
Texas, that a public MATELY zz22 7
hearing will be held ACRES, AND MORE
on October 17, 2006, FULLY AND COM-
at 5:00 p.m. or im- PLETELY DE-
mediately following SCRIBED IN EXHIBIT
the Work Session, "A" FROM "AG" AG-
during the Regular RICULTURAL DIS-
City Council meeting TRICT TO 'SF-1A"
to be held in the City SINGLE FAMILY
Council Chambers of RESIDENTIAL DIS-
Town Hall,1400 Main TRICT AS DEPICT-
Street, Southlake, ED TRICT,
THE AP-
Texas.Purpose of the PROVED CONCEPT
public hearing is to PLAN ATTACHED I
consider the second HERETO AND IN-
reading of the fol- C0P0RATED
lowing ordinance: HEREIN AS EXHIBIT
ORDINANCE B" SUBJECT TO
NO. 480-504 THE SPECIFIC RE-
AN ORDINANCE QUIREMENTS CON-
AMENDING ORDI- TAINED IN THIS "'"""- - -
AMEN D 480 HE ORDINANCE COR-F )' .,�''�: CHRISTY L.HOLLAND
COMPREHENSIVE RECTINGI TZONING }; ;;v?^ 4':
ZONING ORDI- MAP; PRESERVING i, MY COMMISSION EXPIRES
NANCE OF THE CITY ALL OTHER POR •-
OF SOUTHLAKE TIONS OF THE F'. :' July31,2008
TEXAS• GRANTING ZONING ORDI- i� "<,,, ,
THE STATE OF TEXAS ArZONIANG CHANGEI MINING THAT THE - -
County of Tarrant FACLTAND WITHIN MORALS INTEREST,
GEN-
HE CITY OF ERAL WELFARE
UTHLAKE TEX- DEMAND THE ZON-
B �� EGA ING CHANGES AND
Before me,a Notary Public in �BE� . A M E N D M E N T S 'sons appeared Lisa Wesselman, Bid and Legal Coordinator
T 2A1 I HEREIN MADE for the Star-Telegram, publisheu v, .cre,.a PROVIDING THAT in Ta t County,Tex s;and who,after being duly sworn,did
depose and say that the attached clipping of an . SHALL ORDINANCE b sh the above n med paper on the listed dates: BIDS&
LEGAL DEPT. STAR TELEGRAM O RIDEI N AON C ALL
PROVIDING A SEV-
(817) 390 7320 ERABILITY CLAUSE;
PROVIDING FOR A
PENALTY FOR VIO-
Sign_ PROVVIDING ARSAV-
PROVIDING LA FOR
1144-6)
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monc PUELICATIOFFICIAL
PROVIDING RAN AND
F--
Notal FECSECTIONT7.
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to
Thank You For Your Payment comply with or who
resists the enforce-
ment of any of the
provisions of this or-
dinance shall be fined
not more than Two
Thousand Dollars
og2,000.p0) for each
ffense.Each day that
a violation is permitted
to exist shall of- CIT57
Remit To: Star-Telegram tute a separateto of-I mer ID:
tense.
gf So
P.O. BOX 901051 Lon FarWoil lake )mer Name: CITY OF SOUTHLAKE
city Secretary
FORT WORTH, TX 76101-2051 Invoice Number: 275503551
Invoice Amount: $99.63
PO Number: NO PO
Amount Enclosed: $