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480-437CITY OF SOUTHLAKE, TEXAS OFFICIAL RECORD ORDINANCE NO. 480-437 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 IA1B, 1A1D, 1A1E, 1A1E1, 1B, 2A, 2A1, 2A2, 2C1 AND 2C3, SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT NO. 299, AND BEING APPROXIMATELY 57.36 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 "AG" Agricultural District and "R- PUD" Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and 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 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, Page 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 Tracts IAlB, IAlD, IAlE, IAl El, 1B, 2A, 2A1, 2A2, 2C1 and 2C3, situated in the A. Chivers Survey, Abstract No. 299, and being approximately 57.36 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "R -PUD" Residential Planned Unit Development District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Development Plan, attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: 1. There shall be a front yard of not less than thirty (30) feet; Page 3 2. There shall be aside yard of not less than twenty (20) feet adjacent to a public street; 3. There shall be aside yard of not less than ten (10) feet; 4. There shall be a rear yard of not less than thirty (30) feet; 5. The minimum area of a lot shall be fifteen thousand (15,000) square feet; 6. The minimum lot width shall be ninety (90) feet; 7. Streets D1 and D2 shall be one -way streets with 30 feet of right -of -way and 20 feet of street pavement width; 8. A minimum of 30,000 square foot lots shall be required on all lots adjacent to platted property zoned "SF -IA" and "RE ", with the exception of Lots 6 — 13, Block 11 and Lot 23, Block 10, where 20,000 square feet shall be the minimum; 9. The maximum street centerline radius for curvilinear street design requirements shall be 1600 feet; 10. The maximum density shall be 1.4 units per acre; 11. Waiving the 10 -foot bufferyard required for property adjacent to E. Dove Street; 12. Requiring a minimum 4,000 square foot floor area; 13. Exempting Lot 1, Block 11, from the 4,000 square foot minimum - requiring a minimum of 1,800 square feet; 14. The following requirements apply to the development plan attached hereto as exhibit " " a. Where adjacent property is un- platted or platted showing a 5' U.E., provide a 5' U.E. along the property line. If adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. However, Staff recommends that easements be placed only where needed to provide necessary utility services and, where possible, be placed in a manner that minimized impacts on existing quality trees; b. Show and label all survey lines; c. The north line of Lot 3, Block 11 must be a minimum of 100 feet; d. If any, show the location, type, and height of all walls, fences, and screening devices; Page 4 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. Page 5 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 or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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. Page 6 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 4th day of May, 2004. N - ATTEST: vTH(,q`.,, oi 0� >: CITY SECRETARY = v Co PASSED AND APPROVED on the 2nd reading the 18 day of May, 2004. ffi ATTEST: ._ W_ ` c� _ _ •' - � O F ;m '� • ' Page 7 APPROVED AS TO FORM AND LEGALITY: EFFECTIVE: 5 - a I - N Page 8 ADOPTED: 5-6 . EXHIBIT "A" Being Tracts lA1B, IA1D, IAIE, IAIEI, 1B, 2A, 2A1, 2A2, 2C1 and 20, situated in the A. Chivers Survey, Abstract No. 299, and being approximately 57.36 acres. 4 WG!tl"' r�Lr- f's�'. ice. .,i... `.Bl•..tl�.i.�.:) 4 land dmrWWR U n. fouw xW In W t Root 3033}, a wd b4m d " on* (1) Page 9 Page 10 EXHIBIT "B" 0. 9 ON -R Page 11 MIS a §s � � +53 �$:d M K2 �Aa 0. 9 ON -R Page 11 a §s � � +53 �$:d M 3 a 11K im Aw 6 0. 9 ON -R Page 11 INVOICE , ,, F Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 241628411 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/21/04 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 5/31/04 Bill To: - PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24162841 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn JEAN . COLEMAN Publication Date: 5/21/04 CITY OF + wn + - SOUTHLAKE a s ' s i -1 "., s•' ''I,. -- � � ORDINANCE NO. -ti,•>�_ .' I ' �, •� i,l tf# qefr 480-437 - AN ORDINANCE CITY OF SOUTHLAKE ORDINANCE NO AMENDING OR ' 107 107 LINE $0.81 $86.67 NAECD NO. 480tAE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE Net Amount: $86•6i ON OR TRATCTS OF LAND WITHIN THE CITY OF , n SOUTHLAKE,SBEING 7.36 f V AS BEING 57.36 r�C� ACRES OF LAND EX- SITUATED IN THE A. CHIVERS SURVEY, ABSTRACT O.2A$ r�o{�A TRACTS 1 Al B, L lJ4 1A1D 1A1E 1A1E1 1.'1`, 1B 2A,2A1 l2A2,2C� AND 2C$ AND MORE FULLY AND COMPLETELY DE- �( DE- SCRIBED NAG HAG CITY SECRETAR RICULTURAL DIS- OFFICE Of TRICT AND "R-PUD" RESIDENTIAL PLANNED UNIT DE- - 'r • VELOPMENT DIS- TRICT TO "R-PUD" „4 4",. CHRISTY L.HOLLAND RESIDENTIAL PLANNED UNIT DE- e• •I MY COMMISSION EXPIRES VELOPMENT DIS- \ TRICT SUBJECT TO S THE STATE OF TEXAS THE PECIFIC RE- QUIREMENTS CON- y,•+ r JULY 31,2004 County of Tarrant TAINED IN THIS " RECTING CTf•-IEC OF- FICIAL ZONING Before me, a Notary Public in and for said County THER MAP;OPRESERVIPO N.pally appeared Lisa Wesselman, Bid and Legal Coordinator ALLfor the Star-Telegram,published by the Star-Telegl ZONING OF ORDE in Tarr t County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was NANCE; MINING THAT DETER-THE amed r on the listed dates: B S 81 LEGAL DEPT. STAR TLEGRAM (817) 390-7320 MORALS INTEREST, GEN- ERAL WELFARE DEMAND THE ZON- ING CHANGES AND AMENDMENTS PROVIDING MADE' SUBSCRIBED AND SWORN TO BEFORE ME, Ti THIS ORDINANCE 2004 SHALL BE CUMU- LATIVE OF ALL ORDINANCES; PROVIDING A SEV- PRINCSOVDIGFOR A PENALTY FOR VIO- LATIONS HEREOF; PROVIDING A SAV- INGS LA FOR P Thank You For Your Payment PUBLICATION IN THE OFFICIAL NEWSPAPER; NAEF-- FECTIVE DATE. Section 7.Any person, firm or corporation who violates, dis- obeys,omits,neglects Remit To: Star-Telegram witrefuses to sts# Customer ID: CIT57 enforcement of any of P.O. Box 901051 the provisions e Customer Name: CITY OF SOUTHLAKE fined not more than FORT WORTH, TX 7 a'rs •($2 000 0 far Invoice Number: 241628411 each offense. Each day that a violation is $86.67 permitted to exist shall Invoice Amount: constitute a separate PASSED AND AP- PO Number: PROVED THIS THE 18th D�1Y OF MAY 2ppppqq NUKING CITY Amount Enclosed: 1 REGi1LAR CITY COUNCIL MEETING. MAYOR: Andy ATTEST:Lori Farwell, City Secretary INVOICE .p4 Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 240782041 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 05/02/2004 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 05/31/2004 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 24078204 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Dates:04/30/2004-05/02/200 Attn:. .. . �3 Y ,- . .. at ©n Col .=DepthLmage it :m�Du :,`E� CITY OF SOUTHLAKE Notice is heed N I3580 1 120 120 LINE $0.42 $100.20 I— S by H- RALS fA Q Notice Y given L W LFA by the'CityCouncil of DEMAND TH ZON- the City of Southiake, ING CHANGES AND Net Amount: $100.20 Texas, that a public AMENDMENTS hearing will be held HEREIN MADE, on May 18, 2004, at PROVIDING THAT 6:00 p.m. or immedi- THIS ORDINANCE ately following the SHALL BE CUMU- Work Session,during LATIVE OF ALL the Regular City ORDINANCES; Council meeting to be PROVIDING A SEV- held in the City ERABILITY CLAUSE; Council Chambers of PROVIDING FOR A Town Hall,1400 Main PENALTY FOR VIO- Street, Southlake, LATIONS HEREOF; Texas.Purpose of the PROVIDING A SAV- public hearing is to INGS CLAUSE consider the second PROVIDING FOR reading of the fol- PUBLICATION IN lowing ordinance: THE OFFICIAL ORDINANCE NO. NEWSPAPER; AND 480-437 PROVIDING AN EF- AN ORDINANCE FECTIVE DATE. AMENDING ORDI- Section 7.Any person, - NANCE NO. 480 AS firm or corporation AMENDED, THE who violates, dis- •:"7T' CHRISTY L.HOLLAND COMPREHENSIVE obeys,omits,neglects ZONING ORDI- or refuses to comply ?• NANCE OF THE CITY with or who resists the MY COMMISSION EXPIRES OF SOUTHLAKE enforcement of any of TEXAS GRANTING, the provisions of this JULY 31,2004 A ZONING CHANGE ordinance shall be THE Si, ON A CERTAIN fined not more than • • TRACT OR TRACTS Two Thousand Dol- County I OF LAND WITHIN tars ($2 000.00) for THE CITY OF each offense. Each SOUTHLAKE, TEX- day that violation is AS BEING 57.36- errnitted�to exist shall Before rt ACRES OF LAND- constitute a separate te, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator for the S SITUATEDI (N SURVEY,t CIty of 3outhlake •at Fort Worth, in .rrant County,Texas;and who, after being duly sworn, did depose and say that the DESCRIBEDNO 2A I Farwell ry din the above na 1 paper on the listed da es: BIDS&LEGAL DEPT. STAR TLEGRAM (817) : 1A1DT1A1E, 1A1E1' 1 B 2A,2A1 2A2,2C1 MORE FULLY AND Signed . • •0 / COMPLETELY DE- A-� SCRIBED IN EXHIBIT - A" FROM "AG" AG- SUBSCRI RICULTURAL Dls-,BEFORE ME, THIS Friday,May 07,2.14/ / TRICT AND "R-PUD" / RESIDENTIAL PLANNED UNIT DE- • VELOPMENT DIS- NotaryPublic TRICT TO "R-PUD" �L•. RESIDENTIAL PLANNED UNIT DE- VELOPMENT DIS- TRICT SUBJECT TO THE SPECIFIC RE- QUIREMENTS CON- Thank Y ORDINANCE; COR ayment RECTING THE OF- FICIAL ZONING MAP; PR SERVING ALL THOF PTOHDE ZONING OR I- NANCE; DETER- MINING THAT ;THE Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 240782041 Invoice Amount: $100.20 PO Number: Amount Enclosed: