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480-777 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-777 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 8A2, THOMAS M. HOOD SURVEY ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.44 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 SITE 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. 480-777 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 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, Ordinance No. 480-777 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 8A2, Thomas M. Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas being approximately 1.44 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: Ordinance No. 480-777 3 City Council: St February 23, 2021; Approved (6-0) on the Consent Agenda, at the 1 Reading, as written. March 2, 2021; Approved (6-0) at the 2nd Reading, subject to the Staff Report dated February 24, 2021 and the Concept Plan Review Summary No. #3, dated May February 9, 2021; and noting the applicant has agreed to modify the fencing and the gate along Shady Oaks Drive per the Planning and Zoning Commission recommendation. Planning Review 1. An appropriate plat (Plat Showing or Preliminary Plat and Final Plat) that complies to the underlying zoning must be processed and recorded with the County prior to the conveyance of any lots or the issuance of any building permits. A Plat Showing must be approved by the City Council following a recommendation by the Planning and Zoning Commission (or a Final Plat approved by the Planning and Zoning Commission) prior to the execution of a developer's agreement and commencement of any site work. 2. Please be aware the Shady Oaks Dr. is shown on the Master Thoroughfare Plan as an undivided two-lane collector with 60' of right of way. Any fencing provided along Shady Oaks Dr. must comply with Zoning Ord. No. 480, as amended, Section 39.5.c.4., Screening and Fencing. Informational Comments: • Currently, there is no sewer available to the property and will require an on-site sewage facility. Tree Conservation/Landscape Review * The existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 31.6% of existing tree cover on the property and a minimum of 60% of the existing tree cover is required to be preserved. The applicant proposes to remove 31.7% of the existing tree cover and 68.3% is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be preserved* 0% —20% 70% Ordinance No. 480-777 4 20.1 —40% 60% 40.l% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that 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. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. Public Works/Enqineerinq Review GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Any private improvements proposed in city ROW may need an encroachment agreement. CONCEPT PLAN 3. Show the proposed drainage easement within the rear yard. INFORMATIONAL COMMENTS: * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City's sewer, water or storm sewer system. *=Denotes informational comment to be completed on the Civil Construction Drawings. Ordinance No. 480-777 5 FIRE DEPARTMENT GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * An appropriate plat (Plat Showing or Preliminary Plat and Final Plat) that complies to the underlying zoning must be processed and recorded with the County prior to the issuance of any building permits. * The applicant should be aware that prior to issuance of a building permit, a fully corrected concept plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water&Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Corn 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 Ordinance No. 480-777 6 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. Ordinance No. 480-777 7 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. Ordinance No. 480-777 8 PASSED AND APPROVED on the 1st reading the 23rd day of February 2021. MAYOR `SLA b4k.tcc`v'FTEST: ....(c' 1, 6 f -,!fr. 1 44411 , • -•;:.. -- i x.e.A"....... .../**CI ` S `RETl 'Y P'ogitlilNnil0" ` PASSED AND APPROVED'O 11012w reading the 2nd day of March 2021. .0“iiiiiiiii vc4t),0, L)/144 \‘‘voJ-c‘ o PI• T: • ; �S • .... ,4".. k%„,t, ',,,„ 1111*+o``,. ‘•` 1 S mu Tv APPROVED AS TO FORM AND LEGALITY: ñJ ' 1, . CITY ATTORNEY / DATE: I ADOPTED: 34 EFFECTIVE: 9A10 0/1. Ordinance No. 480-777 9 EXHIBIT "A" WHEREAS, STEVEN PETERSON AND RADHA PETERSON, are the owners of a 1.44 acre tract of land situated in the Thomas Hood Survey, Abstract Number 706 and being a tract of land described in deed to Steven Peterson and Radha Peterson, recorded in Document Number D218149615, Official Property Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a mag nail set at the Southwest comer of said 1.44 acre tract and in Shady Oaks Drive (a variable width right-of-way); THENCE N 01°17'53" W, with the West line of said 1.44 acre tract and along said Shady Oaks Drive, a distance of 156.23 feet to a mag nail set at the Northwest corner of said 1.44 acre tract and the common Southwest corner of a tract of land described in deed to Ann Russell, recorded in Document Number D182372979, Official Public Records of Tarrant County, Texas, and being in the East right- of-way line of said Shady Oaks Drive; THENCE N 88°42'07" E with the North line of said 1.44 acre tract and the common South line of said Russell tract, passing a 5/8" iron rod found at a distance of 25.25 feet and continuing a total distance of 327.00 feet to a 1/2" iron rod found in the West line of Lot 6, T.M. Hood Number 706 Addition, recorded in Cabinet A, Slide 4122, Plat Records of Tarrant County, Texas and the Northeast comer of said 1.44 acre tract and the common Southeast corner of said Russell tract; THENCE S 01°13'25" E with the East line of said 1.44 acre tract and the common West line of said Lot 6, a distance of 155.75 feet a 5/8" iron rod found at the Southeast corner of said 1.44 acre tract and the common Northeast corner of a tract of land described in to deed to Billy W. Runyan and wife, Betty J, Runyan, recorded in Document Number D181026230, Official Public Records of Tarrant County, Texas; THENCE S 88°38'12" W with the South line of said 1.44 acre tract and the common North line of said Runyan tract, passing a bolt found at a distance of 396.86 feet and continuing a total distance of 418,80 feet to the POINT OF BEGINNING and containing 1.44 acres of land, more or less. 10 i . 1 , I i ao.ovirese..•aeal I a"421E, . o....Di227,44•44 -'";It- L __A L___. _ imou .___. _ .._ _ — — _al I ,.........,.. . c7 I .11I ••so I - -- .- - --- ',nap 1 0 ma wea. •ow omm."/ I ,__:"....ill = -C] Si••••PIO .......--......—.—.—.—.. .———.—.— —. .—• 1 — — _ I s I VICINITY MAP $ , • D•••ilalean D ............1..........., 4 MA, z i I NI %SOL I 0 Aai 71 . ,,... . i . . ___• . . ,,.., ..,_ • ... 0 ' RESIDENCE .'"''. 11 L I. tio , 1 • II : , ill • • I li II i! CO ,. , •KO .::Lltig,,.... . 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Nos 4. 010\ 21g0-77S • 2A2 1 -- bo bLi- THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE. Sta.r-'I1egraii:i PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE 1 I BILLING PERIOD 2 I ADVERTISERICUENT NAME MEDIA 02/12/2021 CITY OF SOUTHLAKE Star-Telegram-Advertising 231 TOTAL AMOUNT DUE 3 I TERMS OF PAYMENT PO BOX 51847 $92.04 Upon Receipt Livonia,MI 48151 �n D I • )21 /211 4 1 PAGER 5 1 BILLING DATE *** MEMO INVOICE *** 1 02/12/2021 111 NEWSPAPER REFERENCE 0004872371 Star-Telegram s I BILLED ACCOUNT NUMBER Star-Telegram-Advertising 600637 PO BOX 51847 7 1 ADVERTISERICUENT NUMBER Livonia, MI 48151 600637 t . Star-Telegram MEDIA A,rii^,',top Citizen-Journal!The Ketle- ,n La Estrella Star-Teleg ' j ''erford Star-Telegrar.. star-telegram.com 1606 Throckmorton St.I Ft Worth,Tx.776102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification II PO I Amount Cols Depth 600637 0004872371 PUBLIC HEARING NOTICE CITY OF SOUTH LFy 22100182 $92.04 1 64 00 Li Attention: Selena Serrano THE STATE OF TEXAS CITY OF SOUTHLAKE County of Tarrant 1400 MAIN ST STE 440 Before me, a Notary Public in and for SOUTH LAKE. TX 760927604 said County and State,this day personally appeared VICTORIA PUBLIC HEARING NOTICE RODELA, Bid and Legal Coordinator CITY OF SOUTHLAKE,TEXAS g Notice is hereby given to all in- PUBLIC HEARING NOTICE for the Star-Telegram,published by terested persons that the City CITY OF SOUTHLAKE,TEXAS of Southlake, Texas will consid- the Star-Telegram, Inc. at Fort Worth, er the following item in the Notice is hereby given to all in- Council Chambers at Town Hall, terested persons that the City in Tarrant County,Texas; and who, 1400 Main Street, Southlake, of Southlake,Texas will consid- er the following item in the Texas or will hold a meeting via Council Chambers at Town Hall, after being duly sworn,did depose video conference for: 1400 Main Street, Southlake, and saythat the attached clipping of The City Council on Tuesday, PP g Texas March 2,2021,at 5:30 p.m. will video will hold a meeting via hold a public hearing and consid- conference for: an advertisement was published in er: The City Council on Tuesday, Ordinance No. 480 777, (ZA20 March 2, 2021,at 5:30 p.m.will the above named paper on the listed 0068), Zoning Change and Con- hold a public hearing and consid- er: dates: cept Plan for 1029 Shady Oaks Drive on property described as Ordinance No. 480-777, (ZA20- Tract 8A2, Thomas M. Hood 0068), Zoning Change and Con- Survey Abstract No.706,City of cept Plan for 1029 Shady Oaks Drive on property described as Southlake, Tarrant County, Texas, and located at 1029 Tract 8A2, Thomas M. Hood Shady Oaks Drive, Southlake, Survey Abstract No.706,City of Texas. Current Zoning: "AG" Southlake, Tarrant County, 1 Insertion(s) Agricultural District. Requested Texas, and located at 1029 Zoning: "SF-1A" Single Family Shady Oaks Drive, Southlake, Residential District. SPIN Texas. Current Zoning: "AG" Published On: Agricultural District. Requested Neighborhood ail. Zoning: "SF-1A" Single Family February 12,2021 Ordinance No. 480-778, (ZA20- Residential District. SPIN 0070), Zoning Change and Con- Neighborhood#7. cept Plan for 1395 E. Dove Rd. Ordinance No. 480-778, (ZA20- on property described as Tract 0070), Zoning Change and Con- 4A3,Francis Throop Survey,Ab- cept Plan for 1395 E. Dove Rd. stract No. 1511, City of on property described as Tract Southlake, Tarrant County, 4A3,Francis Throop Survey,Ab- Texas, and located at 1395 E. stract No. 1511, City of Dove Rd., Southlake, Texas. Southlake, Tarrant County, Current Zoning: "AG" Agricul- Texas, and located at 1395 E. tural District. Requested Zon- Dove Rd., Southlake, Texas. ing:"SF 30" Single Family Reshbor Current Zoning: "AG" Agricul- hood l District. SPIN Neighbor- hood eighbor- tural District. Requested Zon- ing:113. ing:"SF-30"Single Family Resi- ZA21-0004, Specific Use Permit dential District. SPIN Neighbor- with Site Plan for the Dragon V----11/) House on property described as hoodtt3. Lot 1R3,Block 1 of the Gateway ZA21-0004, Specific Use Permit Plaza Phase II Addition, City of with Site Plan for the Dragon ' J Southlake, Tarrant County, House on property described asVJL't )( �� l ^�ff Texas and located at 2640 E. Lot 1R3,Block 1 of the Gateway Southlake Blvd., Southlake, Plaza Phase II Addition, City of (Principal Clerk) Texas. Current Zoning: "S-P-2" Southlake, Tarrant County, Generalized Site Plan District. Texas and located at 2640 E. SUBSCRIBED AND SWORN TO SPIN Neighborhood#8. Southlake Blvd., Southlake, All interested persons are urged Texas. Current Zoning: "S P-2" BEFORE ME,THIS 12th dayof to attend or participate. For Generalized Site Plan District. more information regarding par- SPIN Neighborhood tt8. February In the year of 2021 ticipation in this meeting, All interested persons are urged please visit https://www.cityof to attend or participate. For southlake.com or contact the more information regarding par- City Secretary's office at ticipation in this meeting, (817)748-8016. please visit https://www.cityof City of Southlake southlake.com or contact the Amy Shelley,TRMC City Secretary's office at / City Secretary (817)748-8016. 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