480-674 Ordinance CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-674
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 4B,
FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.62
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -20A"
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,
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 and 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 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 described as Tract 4B, Francis Throop Survey, Abstract No. 1511, Southlake,
Tarrant County, Texas, being approximately 1.62 acres, and more fully and completely
described in Exhibit "A" from "AG" Agricultural District to "SF -20A" 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:
Approved subject to revised concept plan review summary No. 3 dated July 29, 2014
and approving the variances for the minimum lot width and the minimum lot size; noting
the applicant will complete sidewalk on all three lots along N. Carroll.
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 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 1s reading the 5 day of August, 2014.
C
MAYOR
ATTEST: ,` ,,,u,unu y ,, ,,
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CITY SECRETA Y - -, •• • •••••••.0 " .••
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PASSED AND APPROVED on the 2" reading the 19 day of August, 2014.
p 0 t.
MAYOR
ATTEST:
.`%' VTH ' 's , . •
YOlk n Par j I
VI •
CITY SECRETARY * ** �......
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APPROVED AS TO FORM AND LEGALITY:
6 aeg
CITY ATTORNEY
i O
DATE: /0-407-.20/l/
ADOPTED: $ - 19 - - 3 141
EFFECTIVE: 0 - 2 ' 201q
EXHIBIT "A"
Being described as Tract 4B, Francis Throop Survey, Abstract No. 1511, Southlake, Tarrant County,
Texas, being approximately 1.62 acres.
No 453120"
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No. D1311 Common Name Cannily Condition Comments Proposed Lots 40, 4 I • * 42,
I 14 HICKORY 272 Protected
`■ ....,....116. Ala& gbh AI 2 I7 HICKORY 32 2 Protected F. Throop No. 155 I I
y� 3 22 HICKORY 40 2 Protected
4 16 HICKORY 36 2 Protected
� 5 19 CEDAR ELM 40 2 Protected Addition
6 20 BLACK JACK OAK 42 3 Protected or
7 1 5 POST OAK 36 3 Protected
8 33 POST OAK 46 3 Protected City of Southlake, Tarrant County, Texas.
1 0 4. 9 18 COTTONWOOD 31 2 Removed 21 01 North Carroll Avenue
• A+ TTTT 9 I n 6 HICKORY 8 2 Krwoved
W w ,I I 14 LIVE OAK 28 2 Protected Prepared 05 /14/14
> : I I 2 13 CREPE MYRTLE 23 I Protected
�+/ �' __ J I 3 21 HICKORY 51 3 Pcmoveell
\� ,r I 4 12 8A1 D CYPRESS 18 5 (Removed (Dead)
O 5 I4 PECAN 24 2 Removedt
C. 29 PECAN 59 Protected
0 fX I-, 1' 7 22 PCCAN GO 3 Protected . — (2) L I 8 25 PECAN 50 2 I'mtected
/►� 0 O 15 ' 13 9 20 EASTERN RED CEDAR 32 4 Protected
`0 I 20 20 RUSTY BLACK! IAW 23 2 Protected
U 41 21 1 6 EASTERN RFD CEDAR 22 3 Protected
22 14 PECAN 27 3 Protected
O 23 15 BLACK JACK OAK 27 3 Protested
U 24 EASTERN RED CEDAR 30 3 Protected
25 6 MULBERRY II 1 3 Protected Owner
G
2G 13 MULBERRY 23 3 Protected Harvey E. and Sarah D. Hall
► railtill JfiY 27 13 MULBERRY 27 3 Prottleted 2 101 North Carroll Avenue
"EV T w--1IP I 28 25 AMERICAN ruin 58 3 Protects Southlake, TX 76092
29 I AMERICAN ELM 26 2 Protected
30 18 AMERICAN El M 48 3 Protected Developer
31 25 AMERICAN ELM 97 3 Protected
�`t
42 I 32 I4 AMERICAN ELM 45 3 Protected
Protect Kosse Maykus
{� 4 33 26 AMERICAN CIM 48 3 K.M. Properties, Inc.
r M 34 26 BLACK JACK OAK 53 3 Protected P. 0. Box 92747
35 7 POST OAK 13 2 Protected Southlake, TX 76092
t Sec Note, I .
cnnd t nn Voice: 817. 76 I I I
� ,ik diet-A" � I=Fccllrnt: 2—Good: 3 =Fair: 4 =Pour: 5 =Dead Email: kosse @maykus.eom
• _ '�^.PaIP-i Prepared BY:
I�� Roger W. Hart, RPLS
Notes: Area Surveying, Inc.
• I eobny house on Lot 41 shall remain. The trees 6080 South Hulen St., Suite 360, M226
LEGEND shown on the lot to be removed shall only be removed Fort Worth, TX 76 132 'AC>. should a new home ever be built on then lot. Voice: 817.294.4490
{ Protected Trees 2. There shall be a 35' Building Lee along the front of all Email: roger @areasurveying.com
N The feetheplat.
NORTH
3. The Zoning Ordunce requires a IT building setback along
Borderline Trees the sid o f all lots. i 7�tr�VfltT
50 0 50 100 150 4. The Zoning Ordinance requires a 417 building setvaek �: y S V it V L 111V G INC.
along the rear of all lots.
Trees to be Altered • • • 5. Contour Interval: Two Pee (27. Roger W. Hart, RPLS
Scale: 1 = 50
/Mr - Wks: 1117,294 44901 Web:9nseurvoybg cant
COFVag1112914R&09a W.HART, KPl9
11.111, -MaY'0080 S. Ruhr St. Soho SEA #226 I Fort Wolk TX 76132
ToutMod d PNw.bnol Lind Rime*. Firm Ho 10009800