480-688 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-688
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
8D2, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 0.823 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -30" 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 -688 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 -688 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 8D2, Thomas M. Hood Survey, Abstract No. 706, City of
Southlake, Tarrant County, Texas, being approximately 0.79 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF -30"
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:
City Council approval at 1 reading:
December 2, 2014; Approved at 1 reading on consent (7 -0).
Ordinance No. 480 -688 Page 3
City Council approval at 2 reading:
January 6, 2015; Approved at 2 reading (7 -0) subject to Concept Plan Review
Summary No. 2, dated November 13, 2014 and Staff Report dated December 29, 2014
granting the variance request for the driveway and noting that while the zoning request is
being granted for "SF -30 ", the Council is retaining Low Density Residential use on this
property and this is for a single home to be moved to this lot.
Concept Plan Review Summary No. 2:
1. Driveway Ordinance No. 634, Section 5.1 requires a minimum driveway spacing of
40' between residential driveways on a collector. The driveway on the property to the
west is spaced at approximately 31' 6" from the existing driveway on the subject
property. A variance was approved to allow the existing driveway spacing.
2. The lot does not meet the minimum lot width required by the "SF -30" Single Family
Residential zoning district, which is 100'. The Zoning Board of Adjustment granted a
variance to allow the existing lot width of approximately 89.82' on December 11,
2014.
3. Provide emergency vehicle access in compliance with the City Fire Code. Provide a
minimum 30' inside curve radii at the driveway approach. Fire apparatus access
needs to be provided within 150 feet of all exterior portions of the perimeter of the
residence on a "hose -lay" basis if un- sprinkled, and within 250 feet of all exterior
portions of sprinkled residences. Fire apparatus access needs to be an all- weather
surface, asphalt or concrete, a minimum of 10 feet wide and able to support the
imposed loads of fire apparatus (A minimum of 85,000 pounds GVW). If fire
apparatus access is required further than 150 feet from the public street, and
approved turn - around must be provided for fire apparatus. This approved turn - around
must be placed at a point where the apparatus will not be required to back -up more
than 150 feet to turn around and exit the property.
4. The existing barn on the property is approximately 900 square feet in size, which
exceeds the 750 square foot maximum for the sum total of all accessory buildings that
is allowed in the SF -30 zoning district. The barn will become a nonconforming
structure with approval of the zoning change.
5. The proposed Tree Preservation Plan complies with the existing tree canopy
preservation regulations of Tree Preservation Ordinance No. 585 -D. The Tree
Preservation Ordinance requires a minimum of 60% of the existing tree canopy to be
preserved and approximately 86% of the existing canopy is shown to be preserved.
One tree is shown to be removed to allow for the existing home at 220 W. Highland
St. to be relocated to the property. All existing trees shown to be preserved on the
City Council approved Tree Conservation Plan must be preserved and protected
during all phases and construction of the development. Alteration or removal of any of
the existing trees shown to be preserved on the approved Tree Conservation Plan is
a violation of the Tree Preservation Ordinance and the zoning as approved by the
Southlake City Council.
Ordinance No. 480 -688 Page 4
6. Sanitary sewer in easements or right of way shall be constructed to City standards.
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
Ordinance No. 480 -688 Page 5
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
Ordinance No. 480 -688 Page 6
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 2 day of December, 2014.
C N/ 4111 YOR
ATTEST: +, •,.. vSH
•
hL 1� c,
r 5� . z.
CITY SECRETAR
' -- '••......• •,
PASSED AND APPROVED on the 2 " reading the 6 day of January, 2015.
/ 0 AP
MAY • R
ATTE : . n Ai.A.._
r �.• . off y
-F. :- s tn:
CITY SECRETAR s fit =
%, S
APPROVED AS TO FORM AND LEGALITY:
( Oa- u - ►
CITY ATTORNEY
DATE: I_ -/ _ 7
ADOPTED: Juhuarl Q( 'OI5
EFFECTIVE: .3 cc', dorS
Ordinance No. 480 -688 Page 7
EXHIBIT "A"
Being described as Tract 8D2, Thomas M. Hood Survey, Abstract No. 706, City of Southlake,
Tarrant County, Texas, being approximately 0.823 acres, and more fully and completely
described below:
FIELD NOTES to that certain tract situated in the T. M. Hood Survey, Abstract No.
706, City of Southlake, Tarrant County, Texas said tract being the same tract
described in Tract B in the deed to Ride With Pride, Inc. recorded in Volume 13789,
Page 494 of the Deed Records of Tarrant County, Texas; the subject tract being more
particularly described as follows:
Beginning at a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the
southeast corner of the tract described in Tract B in the deed to Ride With
Pride, Inc. recorded in Volume 13789, Page 494 of the Deed Records of
Tarrant County, Texas, from which a found 1/2 inch rebar bears NORTH
12 degrees WEST, a distance of 2.20 feet;
THENCE NORTH 00 degrees 47 minutes 07 seconds WEST, with the east line of
the said Ride With Pride, Inc. tract, a distance of 399.64 feet to a 1/2 inch
capped rebar stamped "Area Surveying" found at the northeast corner
thereof;
THENCE SOUTH 89 degrees 09 minutes 36 seconds WEST, with the south line of
Lot 12, Block 1 of Highland Oaks as recorded under Instrument Number
D214188535 of the Official Public Records of Tarrant County, Texas, a
distance of 89.69 feet to a 1/2 inch rebar found at the southwest corner
thereof;
THENCE SOUTH 00 degrees 45 minutes 58 seconds WEST, with the west line of
the Ride With Pride, Inc. tract, a distance of 399.527 feet to a 1/2 inch
capped rebar stamped "JPH Land Surveying" set at the southwest corner
thereof, from which a found 1/2 inch rebar bears NORTH 34 degrees
WEST a distance of 0.90 feet;
THENCE SOUTH 89 degrees 12 minutes 18 seconds EAST, with the south line of
the Ride With Pride, Inc. tract, a distance of 89.82 feet returning to the
Place of Beginning and enclosing 0.823 of an acre (35,868 calculated
square feet).
Ordinance No. 480 -688 Page 8
EXHIBIT "B"
APPROVED CONCEPT PLAN
0 TREE TO BE PROTECTED
fi TREE TO BE REMOVED
PERCENTAGE OF EXISTING TREE COVER ON THE ENTIRE SITE
muwuewr• = (7,589 S OF CANOPV)Q34,468 S F NET AREA) = 22%
± 31' to existing drive , n , e seer. 4 « ==
" = MINIMUM PERCENTAGE OF EXISTING TREE COVER TO BE PRESERVED = 60%
w w`" " " .7 '� "' PERCENTAGE OF EXISTING TREE COVER TO BE PRESERVED = 86%
— — — — —
, 7
Nur .. ` xeewxnmx.lx cm }i ,.y
rum _ : _.., .. w............. " 4.46 6 "3„I '"°": . Oen ---‘
1% "L=L.......,-17 1
= it , /,(-'
.....-... : P h = wM ur,aa z
3
Ordinance No. 480 -688 Page 9
ZONING NARRATIVE LETTER
®D I.O TT I : . 1
CIVIL ENGINEERING
November 14, 2014
2014119 -00
Mr. Ken Baker, Director
Mr. Dennis Killough, Deputy Director
Planning and Development Services
City of Southlake
1400 Main Street, Suite 310
Southlake, Texas 76092
RE: 400 West Highland Street
Gentlemen:
On behalf of the Owner, Ride With Pride, Inc., we are pleased to present for your
consideration a proposed 0.79 acre residential lot on West Highland Street. We
are asking fora change in zoning from agricultural (AG) to SF -30 Single Family
Residential District.
The property is currently an undeveloped lot. The City of Southlake Future Land
Use Plan recommends this area be developed with Low - Density Residential use.
Although the lot is not entirely consistent with the Low Density Residential
requirement of a net density of one or fewer units per acre, the property is a
single lot that is not proposed to be subdivided. We request this single lot be
allowed to be rezoned to SF -30 while retaining the Low Density Residential land
use designation.
Statement of Intent and Purpose:
The intent of this zoning request is to enable the construction of a single family
detached home on this existing lot In order to obtain a building permit, the lot is
required to be platted, which requires the property to be rezoned.
Should you have any questions or require any additional information, please
contact me.
Sincerely,
ei7,(
Clayton T. Redinger
Vice President
PHONE (817) 337.8899 420 JOHNSON ROAD; SurrE 303, KELLER, TEXAS 76248 FAX (817) 337 -5133
Ordinance No. 480 -688 Page 10
VARIANCE REQUEST
400 WEST HIGHLAND
CITY CASE # ZA14 -135
Requested Variances
The following variances are requested within the 400 West Highland boundaries:
I. Variance to the Driveway Ordinance reducing the minimum driveway spacing between residential
driveways along a collector from forty (40) feet to thirty-one (31) feet.
Ordinance No. 480 -688 Page 11