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480-285.. CI OF ORDINANCE NO. 480-285 A �FFICIAL RECORD 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 A PORTION OF LOT 1, ROUGEMONT, AND BEING APPROXIMATELY 2.842 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "SF -IA" SINGLE FAMILY RESIDENTIAL DISTRICT, 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 "RE" Residential Estate 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 G:\0RD\Z0N1NG\480.285 Page 1 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, 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 G:\0RD\Z0N1NG\480.285 Page 2 and amended as shown and described below: Being a portion of Lot 1, Rougemont, and being approximately 2.842 acres, and more fully and completely described in exhibit "A" from "RE" Residential Estate District to "SF -IA" Single Family Residential District. 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 1 G: \ORD \ZONING \480.285 Page 3 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 ten (10) 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. 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 - &S t day of u.j , 1998. MAYOR M „1411111.,,,. ATTEST: OUTH� 5 0 0 . .e• A CO CITY SECRETARY PASSED AND APPROVED on the 2nd reading the q day of 1998. MAYOR ATTEST: `a . CITY SECRETAR U; CO G:\0RD\Z0N1NG\480.295 Page 4 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: SA 16 EFFECTIVE: 6-118 ill G:\ORD\ZONING\480.285 Page 5 *:4: t C IIM The following described tract or parcel of land being proposed Lot 2, ROUGEMONT and being a portion of Lot 1, said ROUGEMONT, an addition to the City of Southlake, Tarrant County, Texas according to plat recorded on Slide 1605 of Cabinet A in the Tarrant County Plat Records and being more particularly described as follows: BEGINNING at a found 3/4 inch iron rod at the most easterly Northeast corner of said ROUGEMONT and the Northwest corner of Lot 13, GARDEN ADDITION, an addition to the City of Southlake, Tarrant County, Texas according to plat recorded on Page 40 of Volume 388 -208 in the Tarrant County Plat Records; THENCE S 0 01' 57" W along the West line of said Lot 13 a distance of 76.43 feet to a found yellow capped iron rod at the Northwest corner of Lot 12, said GARDEN ADDITION; THENCE S 0 16' 29" E along the West line of said Lot 12 a distance of 152.3 feet to a found 5/8 inch iron rod at the Southeast corner of said ROUGEMONT; THENCE N 89 51' 04" W along the South line of said ROUGEMONT a distance of 552.7 feet to a set 5/8 inch iron rod; THENCE N 0 01' 27" W a distance of 219.66 feet to a found 5/8 inch iron rod at an ell corner of said ROUGEMONT and being the Southwest corner of Tract A, Block 1, OLD ORCHARD COUNTRY ESTATES, an addition to the City of Southlake, .Tarrant County, Texas according to plat recorded on Page 41 of Volume 388 -118 in the Tarrant County Plat Records; THENCE N 89 12' 30" E along the South line of said Tract A a distance of 552.16 feet to place of beginning, containing 2.842 acres or 123,817 square feet of land. GAORMZONING \480.285 Page 6 Councilmember Evans made the motion [to approve with a maximum] of 24 lots [to be determined]. Motion: Evans Second: Moffat Ayes: Moffat, Evans, Stacy Nays: Kendall, Martin, Edmondson Approved: 3 -3 vote. The motion to approve the request for a maximum of 24 lots failed; thus there is no action on this item and the existing zoning stays the same. Councilmember Edmondson asked if this specific zoning case would continue to come back to Council? Mayor Stacy said this case is over. Agenda Item #7 -B, Ordinance No. 480 -285, a reading,, (ZA 98-068) Rezoning on property legally described as a portion of Lot 1, Rougemont Ordinance No. 480 - 285, a reading, (ZA 98 -068), Rezoning on property legally described as a portion of Lot 1, Rougemont, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 1605, Plat Records, Tarrant County, Texas, and being approximately 2.842 acres. Location: Approximately 350' south of the intersection of Brittany Court and North Peytonville Road and approximately 1,250' east of North Peytonville Road. Current zoning is "RE" Residential Estate District, with a requested zoning of "SF -W Single Family Residential District. Applicants and Owners: Sharon and Yves Meyer. SPIN Neighborhood #11. Zoning Administrator Karen Gandy presented the case saying it is located at the rear or eastern portion of Dr. Meyer's property. It will be accessed through the Laurelwood Addition to the south. Seven (7) notices were sent to property owners within the 200' notification area and there have been no written responses received. The Planning and Zoning Commission recommended approval of the request on July 9, 1998, with a 6-0 vote. Council recommended approval as a consent agenda item on July 21, 1998, with a 5-0 vote. She stated a plan or exhibit was not required with this application. Sharon Meyer, 1925 North PeytonWlle, Southlake, Texas, applicant, presented her request to Council stating it would allow access to their rear property and allow the piece to be a separate lot that could be sold at a later date to accommodate a one dwelling unit on a three -acre site. PUBLIC HEARING: Mayor Stacy opened the Public Hearing. Being no comments from the public, Mayor Stacy closed the Public Hearing. Councilmember Debra Edmondson made a motion to approve ZA 98-068 [Ordinance 480 -285, second reading]. Regular City CouncH Meeting Minutes of August 4, 1998 — Page 15 of 37 Motion: Edmondson Second: Martin Ayes: Moffat, Martin, Edmondson, Evans, Kendall, Stacy Nays: None Approved: 6-0 vote. Agenda Item #7 -C, ZA 98-071, Site Plan for proposed Lots 3R2, Block 1, Georgetown Park ZA 98 -071, Site Plan for proposed Lot 3R2, Block 1, Georgetown Park, on property legally described as a portion of Lot 3, Block 1, Georgetown Park, an addition to the City of Soutblake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4216, Plat Records, Tarrant County, Texas, and being approximately 0.84 acres. Location: Approximately 800' east of South Kimball Avenue, approximately 200' south of East Southlake 'Boulevard (F.M. 1709), the second lot back from the actual frontage. Current zoning is "C -2" Local Retail Commercial District. Applicant: Realty Capital Corporation. Owner: Georgetown Monticello Partners, Ltd. SPIN Neighborhood V. Zoning Administrator Karen Gandy made a presentation stating nine (9) notices were sent to property owners within the 200' notification area with one written response received from: Gary Price, Liberty Bank, 2438 East Southlake Boulevard, Southlake, Texas, in favor of the request. The Planning and Zoning Commission recommended approval at their July 23, 1998 meeting, subject to staff review comments and certain conditions listed in the memo. Ms. Gandy informed Council that a copy of the revised plan along with staffs revised comments dated July 31, 1998 was in their Council packets. She asked that Item #3 on the staff review summary be corrected to say, "Correct the lot numbers on the graphic to correspond to the approved plat." Councilmember Kendall asked Ms. Gandy why the applicant wanted to reduce all the bufferyards? Ms. Gandy explained that there are some common access easements in the area and the applicant is simply moving them into a closer location to the buildings and will actually apply the same plantings at that location rather than at the perimeter of the property. The applicant was not present. PUBLIC HEARING: Mayor Stacy opened the Public Hearing. Being no comments from the public, Mayor Stacy closed the Public Hearing. Councilmember Martin made a motion to table Case ZA 98-071 until the next City Council meeting since the applicant was not present. Motion: Martin Second: Edmondson Regular City Council Meeting Minutes of August 4, 1998 — Page 16 of 37 Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 13480486 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 / TuE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: / DATE I AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH,LINE 8/D7ME 13480486 ordinance no . 48 I358 1x 73L 73 . 81 59 . 13 ORDINANCEORDI E AMENDING 5 t18.1 D_7_-.D 8/0 7 ORDINANCE NO. 480 AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS I -... -.... _-.. _..... _ _.. GRANTING A ZONING CHANGE ON A CERTAIN I TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- _ LAKE TEXAS BEING LEGAL- LY DESCRIBED AS A POR- TION OF LOT 1, ROUGE • - MONT, AND BEING 1, APPROXIMATELY 2.842 ACRES, AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM'RE RESIDENTIAL ES- TATE - -- SIGLEFAMILY DISTRICT T TO DISTRICT SUBJECT TO THE SPECIFIC REQUIRE- MENTS CONTAINED IN THIS SIGN THE IOFFIC AL CORRECTING MAP PRESERVING ALL OTHER PORTIONS OF THE ZONING 10th AUGUST 1998 SU THAT THE PUBLICR^INTIER- WORN TO BEFORE ME, THIS THE DAY OF , EST, MORALS AND GENER- ,RelaE AL WELFARE DEMAND THE % ZONING CHANGES AND fj-gy,4:01 AMENDMENTS HEREIN fa' '°�.4 RHONDA R. GOKE Notary Public b MADE- PROVIDING THAT •.r+�i THIS ORDINANCE SHALL BE i•' Ni COMMISSION EXPIRES CUMULATIVE OF ALL ORDI- l' /y :p NANCES PROVIDING A VIDEV- '"l"• ` SEPTEMBER 8 1999 TARRANT COUNTY,TEXAS ERABILITY CLAUSE•PRO - h1`„O`�_"i ING FORA PENALTY FOR VI- -- --- OLATIONS HEREOF"; PROVIDING A SAVINGS` CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFI- P' CIALNNG NSPF ER,AND PRO-DRIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! Section 7.Any person,.firm or corporationisobeys,omits,who violas or_TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT�► disobeys, neglects or r refuses to comply with or . who resists the enforcement of any of the provisions of I this fined not more ordinance shall be than Two Thou- sand Dollars ($2 000.00) ram r �� for each offense. Each day r_. i,; that a violation is permitted ` to exist shall constitute a C1 .. d,u. ,e Y separate offense. REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 PASSED AND APPROVED THIS THE 4th DAY OF AU- GUST 1998, DURING THE REGULAR CITY COUNCIL ACCOUNT , C I T 5 7 AMOUNT 5 9 . 13 MEETING OEF TEXA CITY OF NUMBER DUE SOUMAYOR RICK S,TACY ATTEST:S ANDRA L.LEGRAND, PAGE 1 0 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY .... CITY OF SOUTHLAKE - 667 N CARROLL AVE PLEASE PAY THIS AMOUNT � 59 . 13 SOUTHLAKE , TX 76092-9595 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I D. NO. 22-3148254 AD ORDER NO. 13390387 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE STATE OF TEXAS Jnty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: NOTICE OF PUBLIC HEARING Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding a public hearing during the Regular City Council meeting to be held on August 4 1998 at 6:00 p.m., in the - DATE City Council Chambers of DESCRIPTION AD SIZE TOTAL RATE AMOUNT City Hall, 667 North Carroll __._ INCH/UNE Avenue,Southlake,Texas. Purpose of the hearing is to 7/21 consider nside thesecondreading 1OTICE OF PUBLIC I358 . Ix 81L 81 . 81 65 . 61 f the CITY OF SOUTHLAKE, 1 7/2 1-4-0 7/2 4 TEXAS • ORDINANCE NO.480-286 AN ORDINANCE AMENDING ORDINANCE NO. 480_ AS AMENDED, THE COMPRE- HENSIVE ZONING ORDI- NANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTH- LAKE TEXAS BEING LEGAL- LY DESCRIBED AS A POR- TION OF 1, ROUGEMONT, - -- — AND BEING APPROXIMATE- LY 2.842 ACRES, AND MORE FULLY AND COM- PLETELY DESCRIBED I EX- HIBIT "A" FROM "RE" RESI- - DENTIAL ESTATE DISTRICT TO "SF-1A" SINGLE FAMILY . RESIDENTIAL DISTRICT' SUBJECT TO THE SPECIFIC 'S REQUIREMENTS CON- TAINEDTHIS ORDI- SI _ .i NANCE; CORRECTING THE OFFICIAL ZONING MAP;PRE- SERVING TIONS F THE ZONING ORDI- 27th R POR- JULY 1998 SU NTAAN E,HE PUBLIC INTER- EST, DETERMINING VORN TO BEFORE ME, THIS THE DAY OF , MOARES AND GENER- �\ tl�L.-(Jl..�� , `�� AL WELFARE_MORAL DEMAND THE - ~• +h ,7nw,�i, ZONINGAMEND ENTSNGESH AND .EREIN J'Q• S!o 1,,, RHONDA R. GOKE Notary Public /� MADE' PROVIDING THAT f♦%r 'y' COMMISSION EXPIRES THIS ORDINANCE SHALL BE # CUMULATIVE OF ALL ORDI- ,r`. f'^' RNNCES'PROVIDING OCLi4 DI PA SEV-VID- ? ,r'"•• •,—i SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS ING FOR A PENALTY FOR VI- + ,-:-.- OLATIONS HEREOF; ' - - PROVIDING A SAVINGS CLAUSE; PROVIDING FOR p PUBLICATION IN THE OFFI- RIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! CIAL NEWSPAPER,'AND PRO- VIDING AN EFFECTIVE DATE. Section 7.Any person,firm or TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT corporation who violates, �\ disobeys,omits,neglects or St refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thou- sand Dollars (S2 000.00) for each offense. Each day ram \ that a violation is permitted to exist shall constitute a REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 separate offense. Sandra L.LeGrand City Secretary City of Southlake _ _ I ACCOUNT C I T 5 7 AMOUNT 6 5 . 61 - - --u—u t NUMBER DUE PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 65 . 61 1 PLEASE WRITE IN AMOUNT ENCLOSED