480-678 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-678
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 14
AND A PORTION OF TRACT 15, R.D. PRICE SURVEY, ABSTRACT
NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS,
BEING APPROXIMATELY 4.6 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 -678 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 -678 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 Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract
No. 992A, City of Southlake, Denton County, Texas, being approximately 4.6 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:
Motion at City Council 1 reading on September 2, 2014:
Approved on consent (7 -0) at 1 reading.
Ordinance No. 480 -678 Page 3
Motion at City Council 2 reading on September 16, 2014:
Approved at 2nd reading (7 -0) subject to Revised Concept Plan Review Summary
No. 1 dated September 2, 2014 and recommending approval of the variance to
allow double fronted residential lots.
Revised Concept Plan Review Summary No. 1 dated September 2, 2014
1. Split lot zoning is not permitted. Approval of the Zoning Change and Concept
Plan is subject to approval and recording of a Plat Revision to create Lot 2R as
shown on the Concept Plan /Preliminary Plat.
2. The existing fence along W. Bob Jones Rd. appears to be located in the area that
is shown to be dedicated as right of way. If the existing fence is in the area to be
dedicated as right of way and it is to remain, an encroachment agreement must be
approved by City Council and recorded with the County prior to a plat being
recorded that dedicates the right of way. Otherwise, the fence must be relocated
out of the right of way prior to a plat being recorded.
3. Provide a metes and bounds description of the approximately 4.6 acres that is
being rezoned (provided and included in Attachment A of this ordinance).
4. Subdivision Ord. No 483, Section 8.01(C), as amended, does not allow double
fronted residential lots. The applicant is requesting a variance to allow the
proposed Lot 2R to have frontage on both W. Bob Jones Rd. and N. White
Chapel Blvd. A variance has been requested. (Approved by City Council at 2nd
reading).
5. Show and label 40' front lot lines on both street frontages on the Concept
Plan /Preliminary Plat.
6. Show conceptual layout of proposed buildable area showing points of
connection to pubic rights of way.
7. The proposed lots must comply with the existing tree canopy preservation
regulations of the Tree Preservation Ordinance. A Tree Preservation Plan will
be required to be submitted at the time new construction occurs. The applicant
has stated that no trees will be removed on the property. Provide written
documentation stating that no trees will be removed on the site.
8. Show and dimension the right of way dedication in accordance with the current
Master Thoroughfare Plan. Dimensions must either be from center line of
apparent existing R.O.W. or full width from across R.O.W. if opposite side has
dedicated their half.
Ordinance No. 480 -678 Page 4
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 No. 480 -678 Page 5
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
Ordinance No. 480 -678 Page 6
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 2" day of September, 2014.
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PASSED AND APPROVED on the 2 reading the 16 day of September, 2014.
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Ordinance No. 480 -678 Page 7
EXHIBIT "A"
Being described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A,
City of Southlake, Denton County, Texas, being approximately 4.6 acres, and more fully and
completely described below:
■IETES AND BOUNDS DESCRIPTION
4.600 ACRES
IN THE R. D. PRICE SURVEY, A -992
CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS
All that certain 4.600 acres of land, out of the 5.595 acres tract of land conveyed to James D.
Evans recorded in Volume 632, Page 521 in the Deed Records of Denton County. Texas
( D.R.D.C.T.), and out of the 5.502 acres tract of land conveyed to James D. Evans recorded in
Volume 938, Page 275 D.R.D.C.T., in the R. D. Price Survey, A -992, City of Southlake, Denton
County, Texas and more particularly described by metes and bounds as follows: (all bearings
shown hereon are based on the east line of Lot 4, R. D. Price No. 992 Addition recorded in
Cabinet V, Page 822 in the Plat Records of Denton County, Texas ( P.R.D.C.T.))
Commencing at a P.K. Nail found for the southwest corner of the 30' Right -Of -Way dedication
as shown on the plat of Lot 3, R. D. Price No. 992 Addition recorded in Cabinet V, Page 644
P.R.D.C.T., in the center line of West Bob Jones Road (Apparent 60' Right -Of -Way), then South
89° 54' 37" East — 263.94' along the center line of said West Bob Jones Road, to a P.K. Nail set
for the POINT OF BEGINNING and the northwest corner of the herein described tract;
THENCE South 89° 54' 37" East — along the center line of said West Bob Jones Road, and
passing at 144.27' a P.K. Nail found for the common south corner of the 30' Right -Of -Way
dedication as shown on the plat of Lot 1, Block 1, Quail Oaks Addition recorded in Cabinet K,
Page 287 P.R.D.C.T., and a tract of land conveyed to Spectra Land, L.P. recorded in Document
Number 2006 -10492 D.R.D.C.T., and continuing for a total distance of 395.63' to a P.K. Nail set
for the northeast corner of the herein described tract;
THENCE South 00° 39' 00" West — 437.12' to a 1/2" iron rod capped with "SPRY" set for the
most easterly southeast corner of the herein described tract, in the north line of Lot 2, R. D. Price
No. 992 Addition recorded in Cabinet Q, Page 197 P.R.D.C.T., from which a 1/2" iron rod found
for the northeast corner of said Lot 2. R. D. Price No. 992 Addition bears South 89° 34' 00" East
— 564.15';
THENCE North 89° 34' 00" West — 277.63' along the north line of said Lot 2, R. D. Price No.
992 Addition, to a 1/2" iron rod capped with "SPRY" set for a corner of the herein described
tract, common to the northwest corner of said Lo 2, R. D. Price No. 992 Addition;
THENCE South 00° 18' 35" West — 258.04' along the west line of said Lot 2, R. D. Price No.
992 Addition, to a 1/2" iron rod capped with "SPRY" set for the most southerly southeast corner
of the herein described tract, common to the most southerly southeast corner of said 5.595 acre
tract;
Ordinance No. 480 -678 Page 8
THENCE North 88° 43' 38" West — 111.95' to a 1/2" iron rod found for the southwest corner of
the herein described tract, common to the southeast corner of Tract II — 1.83 acres tract described
in the deed to Daniel P. Emmer recorded in Volume 5548, Page 1907 D.R.D.C.T. and in the east
line of Lot 4, R. D. Price No. 992 Addition recorded in Cabinet V, Page 822 P.R.D.C.T., and
from which a 1 /2" iron rod found for the southeast corner of said Lot 4, R. D. Price No. 992
Addition bears South 00° 01' 21" East — 10.13';
THENCE North 00° 01' 21" East — along the east line of said Lot 4, R. D. Price No. 922
Addition, passing at a distance of 659.80' a 1/2" iron rod capped with "5509" found for the
northeast corner of said Lot 4, R. D. Price No. 992 Addition to the POINT OF BEGINNING and
containing 4.600 acres of land, of which 0.272 of an acre is within apparent Right -Of -Way of
West Bob Jones Road.
Ordinance No. 480 -678 Page 9
EXHIBIT "B"
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Ordinance No. 480 -678 Page 10
INVOICE -
Star - Telegram Customer ID: CIT57
808 Throckmorton St. E;EC !`>s °Fls Invoice Number: 331488281
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 9/21/2014
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
- OCT c 2014 Due Date: 9/30/2014
Bill To: PO Number: 21401478
CITY OF SOUTHLAKE ° OFFICE Of: CITY SE;C tE ', by
1400 MAIN ST Order Number: 33148828
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092 - 7604 Description: CITY OF SOUTHLA
Attn: Attn: ACCOUNTS PAYABLE Publication Dates: 9/1 9/2014 - 9/21/2014
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTH ( Legal Notices 13580 I 61 61 LINE $0.64 $78.20
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -678
AN ORDINANCE AMENDING ORDI-
NANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF Net Amount: $78.20
SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN
TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE-
SCRIBED AS TRACT 14 AND A
PORTION OF TRACT 15, R.D. PRICE
SURVEY, ABSTRACT NO. 992A,
CITY OF SOUTHLAKE, DENTON
COUNTY, TEXAS, BEING AP-
PROXIMATELY 4.6 .ACRES, AND
MORE FULLY AND COMPLETELY.
DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO
"SF -1A" SINGLE FAMILY RESI-
DENTIAL DISTRICT AS DEPICTED
1 ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND `. "" CyRISTY LYNNE HOLLAND
0 ?
INCORPORATED HEREIN AS EX- : °' `mac Notary Public. State of Texas
■ HIBIT "B ", SUBJECT TO THE - My Commission Expires
I SPECIFIC REQUIREMENTS CON- = r'•. .'ce
TAINED IN T ORDINANCE; V 4 .•. � _ : July 31, 2016
THE STATE OF 31 CORRECTING THE OFFICIAL ZON- t� .
Court of Tarrant I NG MAP; PRESERVING ALL OTHER
tY • PORTIONS OF THE ZONING OR-
DINANCE; DETERMINING THAT
Before me, a Not THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND d State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, publish THE ZONING CHANGES AND • rt Worth, in Tarrant Count Texas; and who, after being duly sworn, did depose and sa
attached clipping AMENDMENTS HEREIN MADE; y 9 Y P say that the
pP g PROVIDING THAT THIS ORDI in the a.ove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 390 NANCE SHALL BE CUMULATIVE
OF ALL ORDINANCES; PROVIDING •
A SEVERABILITY CLAUSE; PRO-
VIDING FOR A PENALTY FOR igned �. AIL , %_ AID S,_ , ±�
VIOL HEREOF; PROVIDING –
SUBSCRIBED AN A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFI- S Tuesday, '. ep • :er 23, 2014.
NEWSPAPER; AND PROVID- 1 / � , _� � ��,
ING EFFECTIVE ING AN EFFECTIVIVE DATE.
Any person, firm or corporation who !otary Publi t / L . / 4 .' /
violates, disobeys, omit 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
Thank You Fe violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 16th
day of September, 2014 during the — - - — . _- __ ___ ._ _ _ •
regular City Council meeting.
Mayor: John C. Terrell
Attest: Lori Payne, City Secretary
Remit To: Star - Telegram • Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 331488281
Invoice Amount: $78.20
PO Number: 21401478
Amount Enclosed: $