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480-786ORDINANCE NO. 480-786 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 5A03, SAMUEL FREEMAN SURVEY, NO. 525 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.749 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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, WHEREAS, a change in the zoning classification of said property was requested by a Page 1 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 Page 2 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 5A03, Samuel Freeman Survey, No. 525 Addition, City of Southlake, Tarrant County, Texas being approximately 3.749 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF- 20A" 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: Page 3 City Council motions: September 21, 2021; Approved (4-3) at 1st Reading, subject to the Staff Report dated September 17, 2021 for Option A. October 5, 2021; Approved (5-2) at 2nd Reading; subject to the Staff Report dated September 28, 2021, and Concept Plan Review Summary No. 4 dated September 28, 2021; and noting we are approving Option `A": and granting a variance to Subdivision Ordinance 483, as amended (Section 5.02) The proposed street R.O.W. does not meet the minimum 50 ft. width at its connection point with Cotswold Valley Court. Cotswold Valley Court was approved with a 40 ft. R.O.W. The proposed Pemberton Drive transitions from a 50 ft. R.O.W. to a 40 ft. R.O.W. to match up with the Cotswold Valley Ct. Variance — The proposed street R.O.W. does not meet the minimum 50 ft. width at its connection with Cotswold Valley Ct. Cotswold Valley was approved with a 40 ft. R.O.W. The proposed Pemberton Drive transitions from a 50 ft. R.O.W. to a 40 ft. R.O.W. to match up with the Cotswold Valley Ct. (Concept Plan Option A) 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 - Page 4 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 Page 5 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 togetherwith 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. Page 6 PASSED AND APPROVED on the 1st reading the 21st day of September 2021 A K E `� OJ �O.IL s °°/v •• .e•4,%C •TARY PASSED AND APPROVED on the 2"d reading the 5th day of October 2021. co ATTEST: UIARY o,'ll°'s�sa999ttt@No APPROVED AS TO FORM AND LEGALITY: ADOPTED: lD ISI�� EFFECTIVE: A ` �-A Page 7 EXHIBIT "A" Being described as Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of Southlake, Tarrant County, Texas, being approximately 3.749 acres and being more particularly described as follows: METES AND BOUNDS DESCRIPTION 3.749 ACRES IN THE SAMUEL FREEMAN SURVEY, A-525 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS All that certain 3.749 acres of land, out of the 4.063 acre tract, described in the deed Baylor University (50%), Anne Thomas (25%) and Crae Hillman (25%), recorded in Document Number D220103250 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the Samuel Freeman Survey, A-525, City of Southlake, Tarrant County, Texas, and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a 1/2" iron rod with a cap stamped "Brittain & Crawford" found for the south corner of the southeast right-of-way cutback line, at the intersection of the east right-of-way line of North Kimball Avenue (R.O.W. Varies), and the south right-of-way line of Still Water Court (50' R.O.W.), common to a point for corner of the 0.140 acre right-of-way dedication recorded in Document Number D211021555 D.R.T.C.T.; THENCE North 43' 41' 16" East - 28.52' along said southeast right-of-way cutback line, to a 1/2" iron rod with a cap stamped "Brittain & Crawford" found for the east corner of right-of-way cutback line, and in the south right-of- way of said Still Water Court, common to the north line of said 4.063 acre tract; THENCE North 88' 08' 30" East along the south right-of-way line of said Still Water Court, common to the north line of said 4.063 acre tract, passing at a distance of 353.54' an "X" found in concrete in the center of the cul-de- sac of said Still Water Court, bearing North 01 ° 51' 30" West — 25.00', continuing along the north line of said 4.063 acre tract, common to the south line of Lot 14, Block 1, Patterson's Pond II Addition, recorded in Document Number D206258413 in the Plat Records of Tarrant County, Texas, for a total distance of 565.09' to a 3/4" iron pipe found for the northeast corner of said 4.063 acre tract, common to the southeast corner of said Lot 14, Block 1, Patterson's Pond II Addition, and in the west line of the 2.034 acre tract described in the deed to Peter Azamar, recorded in Document Number D204130601 D.R.T.C.T. THENCE South 00° 47' 55" West along the east line of said 4.063 acre tract, passing at a distance of 180.48' a 3/4" iron pipe found for northwest corner of Lot 12R1, S. Freeman No. 525 Addition, recorded in Document Number D220207753 P.R.T.C.T., and continuing along the east line of said 4.063 acre tract, for a total 281.75' (deed called 282.11') to a 1/2" iron rod with a ca p stamped "SPRY" set for the southeast corner of the herein described tract, common to the southeast corner of said 4.063 acre tract, from which a 5" Steel Post bears South 66° 11' 27" East-10.78' THENCE South 88' 09' 26" West along the south line of said 4.063 acre tract, common to the north line of Estancia, recorded in Document Number D212055463 P.R.T.C.T., passing at a distance of 366.47' a 1/2" iron rod found for the northwest corner of Lot 7, Block 1 of said Estancia, and passing at a distance of 406.47' a 1/2" iron rod with a cap stamped "Burks" found for the northeast corner of Lot 1, Block 2, of said Estancia, continuing along the south line of said 4.063 acre tract a total distance of 577.10' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the southwest corner of the herein described tract, common to the southeast corner of said 0.140 acre right-of-way dedication, and in the east right-of-way line of said North Kimball Avenue; THENCE North 00' 49' 31" West - 261.36' along the east right-of-way line of said North Kimball Avenue, to the POINT OF BEGINNING and containing 3.749 acres of land. Page 8 EXHIBIT "B" Concept Plan ,• `E �1 0 !Fri I I 4r-, W x o a Q U C U Page 9 4 0 0 Concept Plan with Aerial 3 i1N 7AV 7'IVeIk I3 'N `� �•l � o ��� �os d J. C L l� it N Q rg7� 40 fu ^0— W U O U ell A � i9 6111 Ilk �y. Page 10 a 0 O Tree Preservation Analysis �J V Q O O 00 a Ym � fl RNHAV 'I1dHWIX "N ail I O01 JIM ah€•� a � Ic Page 11