480-663 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-663
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
1A AND 1A5, WILLIAM WINN SURVEY, ABSTRACT NO. 1660, CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 3.748 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -1A" 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 -663 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 -663 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 Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City
of Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1A"
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:
Planning and Zoning Commission Motion April 7, 2014:
Approved (4 -0) subject to the Concept Plan Review Summary No. 2, dated April 10, 2014,
further subject to the staff report dated April 10, 2014, and approving the variance requested
Ordinance No. 480 -663 Page 3
subject to the applicant's installation and maintenance of the access easement and
turnaround consistent with City standards for access of the property by emergency vehicles.
City Council Motion at 1 reading May 6, 2014:
Approved on consent at 1 reading (7 -0) noting the approval of the requested variance to
Subdivision Ordinance No. 483 to allow the lot to front on Maranatha Way.
City Council Motion at 2 " reading May 20, 2014:
Approved at 2 reading (7 -0) subject to concept plan review summary No. 2 dated April 10,
2014 and approving the variance for the lot not fronting a public right of way.
Revised Concept Plan Review Summary No. 2 dated April 10, 2014:
1. This tract of land does not currently front on a public street maintained by the City of
Southlake. Maranatha Way is considered a private street and was put in place prior
to annexation of this property into the City of Southlake. Any new construction,
platting or subdivision of this property will require that the lot(s) front a street in
accordance with the City's Subdivision Ordinance No. 483, as amended. Please be
aware that a condition of approval for properties on this street and similar streets that
are not maintained by the City is that the property owner acknowledges that he or she
will be responsible for maintaining the street as needed. A Variance request letter has
been submitted to allow the lot to front on Maranatha Way and the letter
acknowledges that emergency access meeting the minimum City standards will be
provided by the property owner.
2. Driveway Ordinance No. 634, Section 5.3c, as amended contains the following
language, which will apply to driveway access to Davis Blvd.
c. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot
from any major street facility shall not be permitted unless that iot has no other
public access. If such a driveway is approved on a major street facility, an off -
street maneuvering area approved by the Director shall be provided to ensure that
vehicles will not back into the public street. Driveway access to a residential lot
from a collector street may be denied if either (a) the lot has access to a local
street or (b) the proposed access would create a traffic flow or safety problem
unless there is no other access.
Tree Conservation /Landscape Review
TREE CONSERVATION COMMENTS:
1. One tree in front of the proposed house is in the area to be graded. Please show the
tree in red as "To Be Removed" or in yellow as "Marginal ", which are trees that are to
be saved if possible, but which may have to be removed.
* The proposed construction complies with the existing tree canopy preservation
regulations of the Tree Preservation Ordinance. Sixty (60) percent of the existing tree
canopy is required to be preserved and approximately seventy -seven (77) percent is
Ordinance No. 480 -663 Page 4
shown to be preserved.
BUFFERYARD REQUIREMENTS:
1. A 15' — Q type bufferyard and associated plantings are required to be provided along
the west property boundary abutting the Davis Blvd. right of way. Existing tree credits
may be taken for required bufferyard plant material if the existing trees are in healthy
condition and within 50' of the required bufferyard. Please provide the Bufferyard
Summary Chart below on the Concept Plan.
• Public Works /Engineering Review
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review
of civil construction plans.
* This tract of land does not currently front on a public street maintained by the City of
Southlake. Maranatha Way is considered a private street and was put in place prior
to annexation of this property into the City of Southlake. The property owner is
responsible for repairing and maintaining Maranatha Way.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and
arterials.
* Use the City of Southlake GPS monuments whenever possible. Monument locations
can be found in the City of Southlake website:
htto://www.cityofsouthlake.com/index.asox?N1D=266
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements
shall be 15' minimum and located on one lot — not centered on the property line. A
20' easement is required if both storm sewer and sanitary sewer will be located within
the easement.
* Water and sanitary sewer cannot cross property lines without being in an easement or
right of way. All waterlines, sanitary sewer and storm sewer in easements or right of
ways must be constructed to City standards.
WATER AND SANITARY SEWER COMMENTS:
2. Public sanitary sewer system is not provided to this area and residence will require
private septic system.
* Water lines cannot cross property lines without being in an easement or right of way.
* Water meters and fire hydrants shall be located in an easement or right of way.
Ordinance No. 480 -663 Page 5
DRAINAGE COMMENTS:
1. Provide a driveway culvert to ensure positive drainage along the bar ditch. Driveway
culverts shall be sized by an engineer and submitted for approval to the City
Engineer.
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.
Ordinance No. 480 -663 Page 6
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 ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or not,
under such ordinances, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
Ordinance No. 480 -663 Page 7
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place for
a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it
this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of
its provisions, then the City Secretary shall additionally publish this ordinance in the official City
newspaper one time within ten (10) days after passage of this ordinance, as required by Section
3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED on the 1 reading the 6 day of May, 2014.
MAYOR
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PASSED AND APPROVED on the 2" reading the 20 day of May, 2014.
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Ordinance No. 480 -663 ��������� "��,
Page 8
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY /
DATE: O$I Ni51 Pi!
ADOPTED: 05 / 114
EFFECTIVE: 0 5 1'D-.3 ►
Ordinance No. 480 -663 Page 9
EXHIBIT "A"
Being described as Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City of
Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully and
completely described below:
BEGINNING AT A CAPPED IRON PIN (LBS) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID
POINT BEING LOCATED IN THE SOUTH LINE OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589,
PAGE 453, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING LOCATED 182.46 FEET NORTH AND 30.00 FEET NORTH
88 DEGREES 51 MINUTES 00 SECONDS EAST FROM THE NORTHWEST CORNER OF SAID JOHN CHILDRESS SURVEY,
ABSTRACT NO. 263;
THENCE NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST 356.67 FEET ALONG THE SOUTH LINE OF SAID TRACT
OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453 TO A CAPPED IRON PIN (4277) FOUND IN
THE WEST LINE OF MARANATHA WAY, A PRIVATE STREET, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT OF
LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453;
THENCE SOUTH 429.06 FEET ALONG THE WEST LINE OF SAID MARANATHA WAY TO A CAPPED IRON PIN (4277) FOUND
FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF A TRACT
OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D212026603, DEED RECORDS, TARRANT COUNTY,
TEXAS;
THENCE SOUTH 88 DEGREES 51 MINUTES 00 SECONDS WEST 386.55 FEET ALONG THE NORTH UNE OF SAID TRACT
OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D212026603 TO A CAPPED IRON PIN SET IN THE EAST R.O.W UNE
OF DAVIS BOULEVARD FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST
CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0212026603;
THENCE NORTH 344.00 FEET ALONG THE EAST R.O.W. LINE OF SAID DAVIS BOULEVARD TO A CAPPED IRON PIN
(PRECISE) SOUTH 89 38 SECONDS 30.06 TO BEING DESCRIBED;
APPEDIRON PIN (PRECISE) FOUND
FOR CORNER OF TRACT BEING DESCRIBED;
THENCE NORTH 00 DEGREES 07 MINUTES 19 SECONDS WEST 85.67 FEET TO THE POINT OF BEGINNING AND
CONTAINING 3.748 ACRES OF LAND, MORE OR LESS
Ordinance No. 480 -663 Page 10
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