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480-698CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-698 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 DESCRIBED AS TRACT 10, R.D. PRICE SURVEY, ABSTRACT NO. 1207, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS , BEING APPROXIMATELY .13 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 DEVELOPMENT 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 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: Tract 10, R.D. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas , being approximately .13 acres. 1. Subject to the Staff Report dated July 28, 2015 and the Site Plan Review Summary No. 3 dated July 28, 2015; 2. Granting the variance to allow the lot to front on a private access easement. 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 Pe 16th day of June, 2015. 19�&d94 M O '112118111"1', ATTEST: vtM�►kF 0., moo• ,,......., '-.- CITY SECRIUTARY PASSED AND APPROVED on the 2nd reading the 4th day of Aug"fMpI61 ( 04ju MAY R 11111111111/fII ATTEST: Pao00 } • :cnc CITY SECRE RY' • -ice •••...e•• ,�� J APPROVED AS TO FORM AND LEGALITY: • adzJ%4 L ATTORNEYCITY DATE: ADOPTED:- vv--o- EFFECTIVE: v,o 6;Lz / EXHIBIT "A" BEGINNING AT A CAPPED IRON PIN (PROLINE) FOUND IN THE EAST LINE OF LOT IR, R.D. PRICE NO. 1207 ADDITION. AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN COUNTY CLERKS NO. D209213880. PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT S. BLOCK A, CARMEL BAY, AN ADDITION TO THE CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, AND BEING LOCATED SOUTH 00 DEGREES 04 MINUTES 05 SECONDS WEST 78.60 FEET FROM THE NORTHEAST CORNER OF SAID LOT IR. R.D. PRICE NO. 1207 ADDITION; THENCE SOUTH 88 DEGREES 20 MINUTES 17 SECONDS EAST 235.11 FEET ALONG THE SOUTH UNE OF SAID LOT 9, BLOCK A, CARMEL BAY TO A 5/8" IRON PIN FOUND FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 94--RO060727, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 00 MINUS 05 SECONDS THENCE SOUTH 00 DEGREES 00 MINUTES 05 SECONDS EAST 208.86 FEET ALONG THE WEST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 94--ROO60727 TO A 3/4' IRON PIN FOUND FOR CORNER OF TRACT BEING DESCRIBED AND FOR THE SOUTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 94-ROO60727, SAID POINT ALSO BEING THE NORTHWEST CORNER OF A -TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 1197, PAGE 639, DEED RECORDS, TARRANT COUNTY. TEXAS; THENCE SOUTH 00 DEGREES 06 MINUTES 35 SECONDS EAST 177.46 FEET ALONG THE WEST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 1197, PAGE 639 TO A CAPPED IRON PIN (PROLINE) 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. D205389082, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 88 DEGREES 42 MINUTES 42 SECONDS WEST 210.89 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D205389082 TO A CAPPED IRON PIN (PROLINE) FOUND FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D205389084 AND FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 01 DEGREES 19 MINUTES 17 SECONDS EAST 23.87 FEET ALONG THE EAST LINE OF SAID LOT 2R, R.D. PRICE NO. 1207 ADDITION TO A 1/2" IRON PIN FOUND FOR CORNER OF SAID LOT 2R. R.D. PRICE NO. 1207 ADDITION AND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 04 DEGREES 10 MINUTES 02 SECONDS EAST 19.38 FEET AND CONTINUING ALONG THE EAST LINE OF SAID LOT 2R, R.D. PRICE N0, 1207 ADDITION TO A CAPPED IRON PIN (A') FOUND FOR THE NORTHEAST CORNER OF SAID LAT 2R AND THE SOUTHEAST CORNER OF SAID LOT IR, R.D. PRICE NO. 1207 ADDITION AND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 12 MINUTES 47 SECONDS WEST 134.52 FEET ALONG THE EAST LINE OF SAID LOT 1R, R.D. PRICE NO. 1207 ADDITION TO A CAPPED IRON PIN (AW) FOUND FOR THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT IR, R.D. PRICE NO. 1207 ADDITION AND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 88 DEGREES 39 MINUTES 49 SECONDS WEST 26.24 FEET ALONG THE NORTH LINE OF SAID LOT 1R. R.D. PRICE NO. 1207 ADDITION TO A CAPPED IRON PIN (AW) FOUND FOR AN INSIDE CORNER OF SAID LOT 1R, R.D. PRICE NO. 1207 ADDITION AND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES O4 MINUTES 05 SECONDS EST 210.07" FEET ALONG THE EAST LINE OF SAID LOT 1R. R.D. PRICE N0, 1207 ADDITION TO THE POINT OF BEGINNING AND CONTAINING 1.983 ACRES OF LAND. MORE OR LESS EXHIBIT EEB" Approved Development Plan MEA& 6 M' 24' 20 E 20!01' RIOT _ W Z N 16' ' 3016'�AK 3 2012' OAK 24' HICKORY 11' ONE IO' OAN ]O OAK AN OA1f 9 OIO 0. OAN g• 0 HICKORY 2010' OAK YVY' 2'r*—A w OI fi' °LAI( y6� I I ♦' WK� 4. 3010' OAN 1 OAK HICNO c CEDAR HICKORY _ I Ti GRAVEL 12'W j�1• 306" 1— 0' OAK 1y OAK i 206 OAK 12' OA�K�K4 ■ '�i t L H \12' OAN 10� OAK ICNORY I 14 ° 2022" 0. 10' OpOApAK I 2' t00.OPX I `r~� tO. OAK 10' 0. HICK HILK � ON( • \ I '�D Ie' ONt �20� Ot6 �26" OAN 1 2?12� W \ \ \ 14"IOAK q ® I4 OAK z 12' -OAA( \y\ \ \2014' HICO;RYI \ S 1 "OAK 14' HIC ORY v HICKO�rY� 6 OP 0. OAK -14' 0 • CED �1I 6. OAx � \ �116' °N( � 2p 1 CEDAt�R9(7�� -12' 0 12' OAK \ I bbE x^-201 0" ♦ \ �zou OAK \ \I w 6 ° +' wK e' cEou+ � zfi• oAK `� � ,r ouc $ IEd6. N aP }i•Q•`K 2J& "CEDAR olltK 3510 RURNEY PLM MM Distinctive Dwellings "'401 Dwell in the possibilities SOUTLAKE, Tx KENSWaTON ESTATES SRAYTON RESIDENCE 12% Main Suva Suite 277 SoutbWw,Tens 76092 t 81748112M9 j 817 4168773 4 -21 -IS ' Builder/Owner to verify and check all aspects of this site and plot plan prior to any construction 14013 Narrative May 7, 2015 City of Southlake Planning Department 1400 Main Street Suite 310 Southlake, TX 76092 To Whom It May Concern, I have purchased a piece of property in Southlake on which to build my "forever" home. I understand since this piece of property is on a private easement drive that I need to write and let you know about this and request a variance for access to this property. So this letter is a variance request regarding Article VIII, Miscellaneous Requirements, Section 8.01 Lotting Requirements. I would like to request a variance for my driveway to access a private easement drive off of Burney Lane in Southlake Texas. The address of the property is 3510 Burney Lane and has been accessed for many years off Burney Lane. We hope to build a 6,400 sq ft, sprinklered home there and acccess it via the current cement paved easement road. If there is anything else I need to provide, please let me know and I'll be happy to do so. Looking forward to another home in Southlake as this will be my 40, and I have no intention of leaving. Sincerely, Patricia (Patti) Brayton Currently at: 1417 Kensington Court W 1�it W /0 z M LEE S � �..,, rw a ro• r m [ ma re�eae rn•c Trees Removed for New Residence nup Preservation is 50% of existing tree coverage (approx. tree preservation requirement is met on this property. 49% of site has tree coverage) Site Photographs View north from the access road (east of driveway) View north (west of driveway) View to future residence site (north) View west on the private access easement road View east on the private access easement road INVOICE Star -Telegram Customer ID: CIT57 808 Throckmorton St. Invoice Number: 334964951 FORT WORTH, TX 76102 resists the enforcement of any of (817) 390-7761 Invoice Date: 8/7/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days violation is permitted to exist shall ;nt Due Date: 8/31/2015 Bill To: Passed and approved this the 4th - _ _ _ _ day of August, 2015 during the — — — — — — — — — — — — — ORDINANCE OF THE CITY 'OF PO Number: NO PO CITY OF SOUTHLAKE SOUTHLAKE, TEXAS; GRANTING A 1400 MAIN ST Order Number: 33496495 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn: Attn: ACCOUNTS PAYABLE Publication Date: 8/7/2015 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE, TEXAS ORDIN I3580 Coy OF THE ZONING ORDINANCE; (81 Sul Remit 1 61 1� AUG 17 2m 61 LINE $1.20 $73.20 Net Amount: $73.20 "" CHRISTY LYNNE HOLLAND • dir' o: Notary Public, State of Texas ! = My Commission Expires Ii July 31, 201+3 ' „ o`• said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - :gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the It was published in the ynbove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- FORE ME, THIS Tuesday, Au st 1 5. y. CITY OF SOUTHLAKE, TEXAS FECTIVE DATE. Any person, firm or corporation who Nota Public violates, disobeys, omits, neglects Notary ORDINANCE NO. 480-698 resists the enforcement of any of AN ORDINANCE AMENDING ORDI- Thousand Dollars ($2,000.00) for NANCE NO. 480; AS AMENDED, violation is permitted to exist shall ;nt THE COMPREHENSIVE ZONING Passed and approved this the 4th - _ _ _ _ day of August, 2015 during the — — — — — — — — — — — — — ORDINANCE OF THE CITY 'OF Mayor: Laura Hill Attest: Traci Henderson, Deputy City SOUTHLAKE, TEXAS; GRANTING A O: Star -Telegram Customer ID: ZONING CHANGE ON A CERTAIN Customer Name: FORT WORTH, TX 76101-2051 Invoice Number: TRACT OR TRACTS OF LAND Invoice Amount: PO Number: WITHIN THE CITY OF SOUTHLAKE, Amount Enclosed: TEXAS BEING DESCRIBED AS TRACT 10, R.D. PRICE SURVEY, , e' ABSTRACT NO. 1207, CITY OF ;ht� SOUTHLAKE, RRANT COUNTY, TEXAS, BEING APPROXIMATELY 13 ACRES; AND MORE FULLY AND COMPLETELY DESCRIBED IN EX- HIBIT "A" FROM "AG" AGRICUL- TURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL>: DISTRICT, AS DEPICTED ON THE Y APPROVED DEVELOPMENT PLAN ATTACHED HERETO ANDINCOR PORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC RE- QUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRE - THE SERVING ALL OTHER PORTIONS Coy OF THE ZONING ORDINANCE; (81 Sul Remit 1 61 1� AUG 17 2m 61 LINE $1.20 $73.20 Net Amount: $73.20 "" CHRISTY LYNNE HOLLAND • dir' o: Notary Public, State of Texas ! = My Commission Expires Ii July 31, 201+3 ' „ o`• said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - :gram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the It was published in the ynbove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- FORE ME, THIS Tuesday, Au st 1 5. y. PAPER; AND PROVIDING AN EF- FECTIVE DATE. Any person, firm or corporation who Nota Public violates, disobeys, omits, neglects Notary or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shah" be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall ;nt constitute a separate offense. Passed and approved this the 4th - _ _ _ _ day of August, 2015 during the — — — — — — — — — — — — — regular City Council meeting. Mayor: Laura Hill Attest: Traci Henderson, Deputy City Secretary O: Star -Telegram Customer ID: P.O. BOX 901051 Customer Name: FORT WORTH, TX 76101-2051 Invoice Number: Invoice Amount: PO Number: Amount Enclosed: CIT57 CITY OF SOUTHLAKE 334964951 $73.20 NO PO -. - - - .