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480-783 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-783 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 1E02, JOHN CHILDRESS HEIRS SURVEY, ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.887 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. 480-783 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 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 Ordinance No. 480-783 Page 2 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 Tract 1 E02, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas, being approximately 2.887 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 Ordinance No. 480-783 Page 3 Concept Plan attached hereto and incorporated herein as Exhibit"B," and subject to the following conditions: City Council motion at 2nd Reading: August 3, 2021; Approved at 2nd reading (7-0) subject to Staff Report dated July 27, 2021 , and Concept/Site Plan Review Summary No. 2, dated May 27, 2021. Concept/Site Plan Review Summary No. 2, dated May 27, 2021 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/17/21 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the conveyance of either lot and prior to the issuance of any building permits. 2. Please provide a preliminary grading and drainage plan. 3. Please change the proposed lot numbers to Lots 8 and 9, J. Childress No. 253 Addition. Per Subdivision Ordinance No. 483, as amended, Section 3.04.B, A Plat Showing of four or fewer lots shall bear the name of the original survey and abstract number in which said property is located as an Addition. It is subdivided into numbered lots out of that survey. The Planning Director shall maintain a ledger of assigned lot numbers and shall assign lot numbers in orderly succession. Lot numbers shall be designated in numerical order in sequence with the legal descriptions of the previously recorded plats. No block numbers will appear on the plat or in the legal description. 4. Label the adjacent properties with owner's name, existing zoning, and land use map designation ("L.U.D.= "). Please change the zoning on Lot 5, J. Childress No. 253 Addition to "SF-1A". • The Master Pathways Plan shows a future greater than or equal to 8' multi-use trail along the east side of F.M. 1938. An existing 8' multi-use trail is shown on the Concept Plan. • TxDOT approval is required for any changes to the curb cut locations for driveways. • Any fencing erected along or parallel to F.M. 1938 shall comply with the Architectural Fencing requirements of the Corridor Overlay District in Zoning Ordinance No.480, as amended, Section 43.9(c)1(f): Architectural Fencing: All architectural fencing which runs roughly parallel to the SH 114, Carroll Avenue, FM 1709, FM 1938 rights-of-way, shall be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off-set by a minimum of 6 feet every 60 feet. It shall be located no closer to the right of way than one half the width of the required bufferyard. Ordinance No. 480-783 Page 4 Tree Conservation/Landscape Review Keith Martin Landscape Administrator TREE CONSERVATION COMMENTS: • Both lots comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585-E. Lot 1 has 34% of existing tree cover and a minimum of 60% is required to be preserved. A total of 60% of the existing tree cover is proposed to be preserved. Lot 2 has 46% of existing tree cover and a minimum of 50% the existing tree cover is required to be preserved. A total of 75% of the existing tree cover 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% 20.1 —40% 60% 40.1% - 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/Engineering Review Sandra Endy, P.E. Development Engineer GENERAL COMMENTS: Ordinance No. 480-783 Page 5 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. 2. Please submit a preliminary grading and drainage plan with the next submittal. 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-Manaqement-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal GENERAL COMMENTS: No comments based on submitted information. General Informational Comments • A SPIN meeting was held on May 25, 2021. • All lighting must comply with the Lighting Ordinance No. 693, as amended. • All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. " The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, 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 Comment Ordinance No. 480-783 Page 6 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. Ordinance No. 480-783 Page 7 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. Ordinance No. 480-783 Page 8 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. 480-783 Page 9 PASSED AND APPROVED on the 1st reading the 15th day of June, 2021. IlifYFOFMA ATTEST: �.‘`0�1 H LAKE 0. . , Of ' � CI ECR,& ti ( PASSED AND APPROVED on the 2"d reading the 3rd tf4y of-A11 , 2021. n AY•R ATTEST: gyp:,. •�` '� : cn= CIT S RE APPROVED AS TO FORM AND LEGALITY: (C7cri2- . CITY ATTORNEY )). DATE: ADOPTED: S.\3121 EFFECTIVE: 7/ Ordinance No. 480-783 Page 10 Exhibit 'A' Being legally described as Tract 1 E02, John Childress Heirs Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas, being approximately 2.887 acres, and being more particularly described as follows: PROPERTY DESCRIPTION BEING a tract of land out of the John Childress Survey,Abstract Number 253,in the City of Southlake,Tarrant County,Texas, and being a portion of that tract of land described by deed to Kevin Northcutt and Lisa L. Northcutt as recorded under Document Number D2152245255,Official Public Records,Tarrant County,Texas,(O.P.R.T.C.T.),same being described by deed to Don K.Blackburn as recorded under Document Number D211309506,(O.P.R.T.C.T.),together and with a portion of Lot 5 of the J.Childress No.253 Addition,an addition in the City of Southlake,Tarrant County,Texas,according to the plat recorded under Document Number D214169188, Plat Records, Tarrant County, Texas, (P.R.T.C.T.) the subject tract being more particularly described by metes and bounds as follows(bearings are based on State Plane Coordinate System,Texas North Central Zone(4202)North American Datum of 1983(NAD'83)): BEGINNING at a 5/8 inch rebar found for the northeast corner of said Northcutt tract and said Blackburn tract,same being the northeast corner of the herein describe tract; THENCE South 00 degrees 05 minutes 30 seconds West,with the east line of said Northcutt tract and said Blackburn tract, passing at a distance of 317.31 feet the southeast corner of said Blackburn tract,and continuing a total distance of 318.31 feet to a point for corner from which a 1/2 inch rebar with cap stamped"LBS"bears North 35 degrees East,a distance of 1.14 feet, and from which a 1/2 inch rebar with cap stamped,"MILLER"found for the existing northeast corner of said Lot 5 bears South 13 degrees 35 minutes 59 seconds East,a distance of 6.25 feet; THENCE South 89 degrees 31 minutes 07 seconds West, generally along a fence line and with a Boundary Line Agreement between Kevin Northcutt and Jacob Mani(pending filing),a distance of 244.52 feet to a 1/2 inch rebar with pink cap stamped, "BARTON CHAPA"set; THENCE South 88 degrees 34 minutes 36 seconds West, generally along said fence line and with said Boundary Line Agreement,a distance of 144.13 feet to a point in the west line of said Lot 5,from which a 1/2 inch rebar with cap stamped, "GRAHAM"found bears North 79 degrees East,a distance of 1.01 feet,said point being the southeast corner of a tract of land described by deed to the City of Southlake as recorded under Document Number D208296016,(O.P.R.T.C.T.),and being the beginning of a non-tangent curve to the right,having a radius of 1792.53 feet,with a delta angle of 00 degrees 50 minutes 51 seconds,whose chord bears North 09 degrees 13 minutes 41 seconds West,a distance of 26.52 feet; THENCE With the east line of said City of Southlake tract,and along said non-tangent curve to the right,an arc length of 19.16 feet to a point from which a 1/2 inch rebar found bears South 58 degrees East,a distance of 0.52 feet; THENCE North 00 degrees 05 minutes 30 seconds East,with the west line of said Northcutt tract,a distance of 297.42 feet to a 5/8 inch rebar found for the northwest corner thereof; THENCE North 89 degrees 56 minutes 55 seconds East,with the north line of said Northcutt tract and said Blackburn tract,a distance of 392.88 feet to the POINT OF BEGINNING and enclosing 2.887 acres(125,762 square feet)of land,more or less. 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