480-689CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-689
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 4A1 AND 4A2, F. THROOP SURVEY,
ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 2.5 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,
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,
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 4A1 and 4A2, F. Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas, being approximately 2.5 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:
Council motion at 1St reading:
January 20, 2015; Approved at 1St reading on consent (7-0).
February 3, 2015; Approved (7-0) subject to staff report dated January 27, 2015; noting the
applicant's willingness to run wrought iron fencing for a minimum of 40 feet along all three
fence lines south from Dove Road; and, granting the requested variance to the driveway
ordinance.
Variance to Driveway Ordinance No. 634, Section 5.1, requiring a minimum centerline
driveway spacing along arterials to be 100' for residential driveways to allow a spacing of
approximately 90' to the existing driveway to the west,approximate/y 95' between the
proposed driveways, and approximately 96' to the existing driveway to the east.
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 1St reading the 20th day of January, 2015.
ATTEST:
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PASSED AND APPROVED on the 2nd reading the 3rd day of February, 2015.
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CITY SECRET,
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY f
DATE: 7 -,2b/Ls
ADOPTED: c4fu 01 r
EFFECTIVE: �bLl -a O/s-
EXHIBIT "A"
Being described as Tracts 4A1 and 4A2, F. Throop Survey, Abstract No. 1511, City of
Southlake, Tarrant County, Texas, being approximately 2.5, and more fully and completely
described below:
BEGINNING at a 1/2` iron reber with a yellow plastic Cap stamped "LBS 3946" found for the southesst corner of
the herein described tract of land same being in the north line of Lot 21, Block B, of Triple C Ranch, Prase I, an
addition to the City of Southlake, Tennant County, Texas, as recorded in Cabinet A, at Slide 7971A, of the Real
Property Records of Tarrant County, Texas, (R.P.R.T.C.T.) same also beim the southwest comer of that tract of
land recorded in a Warranty Deed with Vendors Lien to Timothy Lynn Johnson recorded in Volume 12932 at
Page 360 of the D.R.T.C.T.;
THENCE North 88° 44' 52" West, (Deed = North 88" 421146 West continuing with the north lira: of said Triple C
Addition, passing at a distance of 115.08 fleet a W8" iron rebar with a plaNic orange cap stamped "PROBECK
5187" sat for comer continuing in aA a total distance of 228.55 feet to a 1/2" iron rebar fourd for the southwest
Gomer some being also the sit comer of that certain lot, tract or parol of land conveyed to Maorie
Thomas -White in a Warranty Deed recorded in Volume 11505 at Page 2309 of the MFLT.C.T.;
THENCE North 01 ° 51' DO" East, (Deed = North 01` 52`00" East) departing the north line of said Triple C
Addition passing at a dance of 456.86 %at a 5/8" Iron rebar with a plastic orange cap stamped "PROBECK
5187 set for comer and also passing ata distance of 464.95 feet (Deed= 460.30 feet) a 5/8" iron rebar,
continuing in all a dotal distance of 474.00 feat (Deed = 477.00 reef) to a point for the northwest comer of the
herein described tot, tract or parcel of land also being in East Dove Road, a variable width public right -off way at
this point;
THENCE North 88" 56' 05" East, a distance of 228.72 fleet (Deed _ North 90" 00' 00" East} t+o a point for the
northeast corner,
THENCE South 01" 51 ` 25" West, (Deed = South 01" 47'40" West) departing the northeast comer passing at a
distance of 36.30 feet a 518" iron mbar with a plastic orange cap stamped "PROBECK 5187" set for comer and
passing at a distance of 46.46 feet (Deed = 43.70 feet) a 1/2" iron reber, continuing in all a total distance of
479.26 feet (Deed = 479.26 feet] to the PLACE OF BEGINNING containing 108,941.67 square feet or 2.500
acnes of land.
LAM ON DOVE
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