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1994-01-04 CC Packet City of Southlake,Texas MEN MEMORANDUM December 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: RESOLUTION NO. 93-68, authorizing the abandonment of utility easements in Lots 1R & 8R, Block 8, Timarron, Phase 2, Section 2, Bent Creek. Timarron Land Corporation has requested the abandonment of the utility easements in Lots 1R & 8R, Block 8, Timarron, Phase 2, Section 2, Bent Creek. Development of subsequent phases of Timarron has eliminated the need for these easements. Attached is a copy of the resolution for the abandonment with appropriate descriptions and exhibits . Staff has also reviewed the request and has no problem with the abandonment of these easements. Please place this item on the council' s agenda for approval of the enclosed resolution and authorization for staff to take relevant action to facilitate the abandonment of these easements. Staff will obtain signatures upon approval . GL/te `" Attachment : Resolution for Abandonment Quitclaim File: C:IwpJlesmt-row.pvlesmtltimarron.abn �JQ —� RESOLUTION NO. 93-68 A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENTS IN LOTS 1R & 8R, TIMARRON, PHASE 2, SECTION 2, BENT CREEK, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, utility easements have been previously dedicated to the City of Southlake by the owner of Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek Addition to the City of Southlake, Tarrant County, Texas . WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the utility easements located in Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek Addition (the "Utility Easements" ) are not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. Said Utility Easements are more specifically described on the attached exhibits : EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies . -1- �a -z (low WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Utility Easements, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easements to the owner or owners of Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek Addition. -2- Jr2-3 Ent 1101Ti "A" LEGAL DESCRIPTION LOT 111 Being all of that T wide utility easement located in Lot 1ft, Block S. of Twnarron Phase 2, Senior► 2, an addition to the City of$Whialke, as recorded in Cabinet A, Slide 1351 P.R.T.C.T., said easement having been dedicated to the City of Southlake by Final Plat of Timarmn Phase One, Section Two, Bent Greek as recorded in Cabinet A, Slide 1051. LOT 811 Being s8 of that 5' wide utility easement located in Lot 8R, Block 8, of Timerron Phase 2, Section 2, an addition to the City of Southlake, as recorded in Cabinet A, Slide 1351 P.R.T.C.T., said easement having been dedicated to the City of Southlake by Final Plat of Timan'on Phase One, Section Two, Bent Creek as recorded in Cabinet A, Side 1051. r 93328001.M01 REf•TiRpla+d0n Olan .ON •tZ.r7.411�RSS.�O 30'S2.SbREF a tr PEF-�D.\PRD.ETIS�TNMf�\TiBOR.OGM .BDR ON=I.L�6i0.55.ST.Ss REF rtpIQ1.W OGM=dl\DrOIgcft\lfmarrpn\123070\3070ekIXAQtt LEVELS ON i I-W Tw•ft%p,4 oN30S0[narw PLOTTED—1207M 1445d1 F.\P\E0W\703p[k01.PPF Pw R0T :90.000000 TOL=h\PLT-TBL\TWAlW T8L USER c MAIITI A=4.30.OW R=1224.W BE TPAIL C(RCLE Q ao e0 GRAPHIC SCALE IN FEET h E 14 EX.5'UE (CAI.A.SLIDE 1015) TO BE ABANDONED IR . W 0 2 N TIMARRON b PHASE ONE, N SECTION TWO BENT CREEK IS'D&M. CABINET A, TCAB.A.SUM 135D SLIDE 1015 Ig5.00• — — —'3a'SO'E 10'5 00 8251-———————— 1071T_ —IV00'38'50'E— I05.00' ——— ----I I E——— — 5'uE 7.5' KYA0' EX.IT OWE TRAW— `{ TCAB.A.SURE 10151 PAO ESWT (CAB.A. SLIDE 135D� �+ rn BLOCK 8 EX.5'UE (CAB. A.SLIDE 10151 0 TO BE ABANDONED 2.0' — 7 9 $R W ti TIMARRON PHASE 2, SECTION TWO BENT CREEK CABINET A. SLIDE 1351 BENT TRAIT. A= 3.4WA6 EXHIBIT B T= 51 2.6r9 . EASEMENT ABANDONMENT �=roTa�• ON LOTS 'IR & 8R, BLOCK 8 OF TIMARRON PHASE 2.SECTION. 2 BENT CREEK CABINET A.SIDE 1351 OUT OF THE HALL MEDLIN SURVEY,ABSTRACT NO,1035 IN THE CITY OF SOUTHLAKE.TARRANT COUNTY. TEXAS DECEMBER, 1993 .SLR-S EXHIBIT ' C' UTILITY COMPANY APPROVALS We,the undersigned,as duly authorized representatives of the respective utility companies,hereby express no objection to the abandonment of the 5' utility easements in Lots 1R &8R, Block 8, Timarron Phase 2, Section 2, Bent Creek, so noted on the attached exhibits, said easement being previously recorded in Cabinet A, Slide 1051 of the Plat Records of Tarrant County, Texas. Texas Utilities Electric Tri-County Electric Cooperative, Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: GTE Central, Inc. Lone Star Gas Company Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: Harron Cablevision of Texas Sammons Communications, Inc. Signed: Signed: Printed Name: Printed Name: Title: Title: Date: Date: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The Utility Easements, as described herein, are not being used by, nor useful or convenient to the public in general . It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment . Accordingly the above described utility easements, located on Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek Addition to the City of Southlake, Tarrant County, Texas, are hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek Addition. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement on the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS DAY OF , 1994. MAYOR ATTEST: CITY SECRETARY (W APPROVED AS TO FORM AND LEGALITY: City Attorney Date : Adopted: Effective : QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that certain utility easements located in Lots 1R & 8R, Block 8, Timarron, Phase 2, Section 2, Bent Creek, hereinafter specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment. For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: Timarron Land Corporation and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit 'A': Legal Description See Exhibit 'B': Graphic Depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or title to the aforesaid utility easement premises or appurtenances or any part thereof. Executed this the day of , 1994. CITY OF SOUTHLAKE By: GARY FICKES, Mayor Page 1 of 5 �Q- 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared GARY FICKES, Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantee: Timarron Land Corporation 300 E. Carpenter Freeway Suite 1425 Irving, Texas 75062 Page 2 of 5 �Q -/O City of Southlake,Texas CITY MANAG M E M O RAND U M December 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: UTILITY EASEMENT DEDICATIONS - Off-site Water & Sanitary Sewer Service for Re/Max Lone Star Office Building. The purpose of these five (5) off-site utility easements is to provide sanitary sewer service for the Re/Max Lone Star office building on Southlake Boulevard which is currently under construction. Attached is a copy of each of the proposed easement dedications with the appropriate descriptions and exhibits . City staff has also reviewed the request and has no problem with the dedication of the easements . Please place this item on the council' s agenda for approval of the utility easement dedications and authorization for staff to take relevant action to facilitate the filing of record of the dedications . Staff will obtain signatures upon approval . 4z GL/te Attachment : Utility Easement Dedications File: C:Iwp&.vmt-row.pvlesmtlrem=.sew Jib-� CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Robert L.Stevenson ("Grantor") for and in consideration of the sum of Ten($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description and graphic depiction. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By: Robert L. Stevenson Page 1 of 3 s6-z (low, STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned authority, on this day personally appeared Robert L.Stevenson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: City Secretary City of Southlake 667 N.Carroll Ave. Southlake, Texas 76092 Grantor: Robert L. Stevenson 2113 Taxco Drive Carrollton, Texas 75006 Page 2 of 3 sd_3 . . r z N 4 HoY > <.ZD7 --- ----------- ----- m r — ----- b O I Ig O n ZZ W p la D Lu O fI C O Nmz in co � rri D r O b'osta i:o 8 0. -A -I A OA A oDN N O O C 10, I � 'A OJLn / ADM � L I <�5 r= 7-40 O Z YI .Z7 N N; I x Z c) S uN o Gp c p o n� 1 ' m i II n I — y O 0 e•�z3' vo>•mmm �i.o a:m mE n�'^ S-1'c�oi c�oia�ac o'^u� oQ� '-�t N3^ 3^°•°$JOo .°r.o VIo 1°0 w m>, a�Ulnj COO n\= oc Q�n 2.za o^z ' o no o' . ago -en z Qu. m^� -� mo o ,O°;o y Kam•- °.. ^p " S°o �O ao'o �� 00 0- ° Via- o¢o Fn off' Sn ate. o_c iOa xo3 o u,oa o»o o J�.ozw S o m m3o n 5S em 32. ...o �1 >f� roa qc_ i°a a ?oo 3°n;-.e v3 m:10 X ° CJ �Tr� � n'^^ �"o z'ia o_ •. �,5� 3 evn � ,c• _ ,. o^ wom? poe:'oQ� or Wino 5 3. °Oa :3 c S o��n �npmw� ono v_oo O z W o c ,Fti : O�� m°' o �^'� �- °_ °3 ovo_•-w °'o ace`° C,,— n� uao n'a :to ..:a w°°i :.no.°^_ ,�_mee s Z o rnv Oaf l a� J S U v� N x �o JN m �56- fe. CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That John M. Stevenson ("Grantor") for and in consideration of the sum of Ten ($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description and graphic depiction. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By: John M. Stevenson Page 1 of 3 �"6-s STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared John M. Stevenson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: _..-....... ....-�-- --�,.. _...,, City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: John M. Stevenson 916 Emerald Boulevard Southlake, Texas 76092 ,. Page 2 of 3 �o O SECOND INSTALLMENT O . '� DIAMOND CIRCLE ESTATES .Q VOL 166-181,PG.69. u - P.R.,T.CO.,TX. m - N� 14'44'E tiN g R? o0 uu 12N ±N 0NZ rO^ I A 71(d V1 I1 l4$ (0Z I� I °>N Np C 0, I �O� C N m p D rn ,nZ I m I 1AOOR'W- -- m r �� r O a I t7 •'� I^ � � I � I u° chi � m ;I cn II' � I � -o 0 9- �/�'�'o m�� clam :va -ce o$vm°]"gon gno- e �� ms z =u3z _s< z z»�z . ;• loo�:z °O3�_o �DI� sc av sm orwm 3i�t?i i�°r�i P�a api3o z u„•• ]p o fF e Q�Q s 0°• a mw� Q]�Q O rsO AO Z,", �.°. Qv40°N 'e'F"-� i s• R\^ -v c4ii] 's n� gupe]oq" � £p �S, ouQ 3vp13 n3 c zO•»�m<;ijs5. eU.- a ° F' '^ eR e �e$"44 uoN •°� "ga °gye' ee•�xS yv(n omga a]ee o03 a ar »o� $ozo .33- 3�nutr • ,C QoR e� �ni•°- �I no JonfA'1°°� °e°Co Z.x (-two »g '"e'�3 of»%� m'p.. �p"RBmnp� °000 � gJO 00 of eR r3 n"0v°^^R °i]O- vy � iZn fn. a 20 2- s o in" O 1 O •p.0 > .a, �No =4 A.-.T mop mv� D F�' :, Q�'� 3 '3 xs» cnn g°e�quav° o�E }O l.�30y.. ,d} 4�a ^°'c uo^ Ee mx o. 1 0 C. J a� CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Double Creek Capital Corporation ("Grantor") for and in consideration of the sum of Ten ($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing,maintaining, altering,replacing,relocating and operating utilities in,into,upon,over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description and for graphic depiction. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By: Title (low, Page 1 of 3 �56-8, ..� IL STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Double Creek Capital Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: Double Creek Capital Corporation 1410 S. Highway 51 Decatur, Texas 76234 Page 2 of 3 56-9. r� ANC .. 11 �UVI N41 � duo . SrUr� N oozs E'E ON � 1 • in °1�t = ty � �e uos D °! k ea oe o u � [ O vO �/•� g «« '" C) C7 m s;os Dl•w Isar U) p W 0 ti CD O D m N I + O �o c> 0 � o0 0 o � m m S m II m rn -O C. '0 2 H °gip 30- s ^'o k^.-o oR Yo A--Z. r g0m a om oar^ Jnm on'z p�^o^ zm°_ u $� �°£S o y 00 p9=o s: °pOig�� vaO,U°1°cA Vt U^A O�6 j0 pO n30° c O p0 S � ron Of�l No3 ^' �e ^3sn -o.s Ooq a4�3 o�ava R m� gn ;off _� jp o:o o aosi ��gZ A.god c x / n Rog .3 v� �4° 6^ agco oo°°:R �.c3y NJ" I I NO g +.� O O r 4 s°Gi 9nV °y�� n �'J J}- 1 g O X gos °N »n �`° �Q °�a• -Nis g^g c �i s�4n 0. n �d�s:a:"S9 °e°ng nQ mma— as 5^9 p a+c' u..�� °�s�cnoa° QnQ� .�. g O.'O :�� '��:•.� ro$ F e.. �n = aR^o �10 i ivR^�� dm U U):y m•9 N:O • w yexo� n�i i-1i NS .L." ^e. g3 y om aNn m g o 3i� y� jo4i f 1"� a oo o° you e: C,0-3, 77 .°. nn non [txj °_ °g `�_pp nipp_ p? s'o F° snQQqy 000°OcRo4 •oS� peo Na 00 i0e 8 .'•�n=n �C• Op Sfl_C QGo Ne 9i 01 e Y I 02 i CITY OF SOUTHLAKE UTILITY EASEMENT (woe PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Southern Home Reality, Inc. ("Grantor") for and in consideration of the sum of Ten($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing, maintaining, altering,replacing,relocating and operating utilities in,into,upon,over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description and for graphic depiction. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By: Title Page 1 of 3 STATE OF TEXAS i' COUNTY OF TARRANT BEFORE ME, the undersigned authority,-on g ty,-on this day personally appeared , Southern Home Reality, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: (W Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: Southern Home Reality, Inc. Page 2 of 3 I i- O I 15.00, �7e N = NO C 0 O-A ol,� O �� D NOC: c Um CC) '^gym � I � I m e;()' •a fT1 15.00, ` v --1 O O I I ,I � I � s p' � o0 I � o_ of 3,. H� S! m 11 m I I � -O 0 ppI w9 Z ANY OJS OmfO� OS.�� n('I�,11^�<ONNm �u te-am r= R:o `Rq nL sg�io �in�ouyYa m� 3 - eR NI WO u-° NON: j w0 avG^-^ mo 8� N 3 opQP m .i0o n O a 3 n \3 ifeg3 �40� Pti�7j :o� 8G °pm3 ssNzR gn^woe' �o F Roy 0� "iR •'3'°i �joo. .Z;V I �/� O m /�\ ovo az Yz :� y e 'aN s ono Nam@ o�R^ �oo��o�. �'� n �pd :•�- �9j. rOe �n Rge �jeo °a°oS,°�, �O°�.NQ.-n3 �i N J � :l7" ci. om n 3Rw� 3�`co oN C9 = 1�� A: L� �3 w ui ROv° Noi3 0000i 0 0 }�/J�.:y. -. ,d�(' ea �3 3° re• o:°o coo Vn�o Z p I O r�o i N�T N A i$3 01 N F I J CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That John M. Stevenson ("Grantor") for and in consideration of the sum of Ten($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description and graphic depiction. (461W TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By. John M. Stevenson Page 1 of 3 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared John M. Stevenson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: City Secretary City of Southlake 667 N.Carroll Ave. Southlake, Texas 76092 Grantor: John M. Stevenson 916 Emerald Boulevard Southlake, Texas 76092 Page 2 of 3 �6-�s o Vv r O gm °a'm S "a-Zi- 261A5 Z .... n rn - !J••i � I S m m f� 1 N- •'L O� N S P PIN g DIAMOND BLVD 0 �o a o� o` a m m II rn C. Ap j•S °11 n�iZ 80S 4 °^m Vie~bO Te rn _ gpe °i o'u ie S\ n �o nsg 3.°r.} •Ro_n_v 0., Rio ion �^n ^� c•� e`° °,�f'+:VO» " u• "03io' c o� Y B a� c •vn ° rpm 3A ;o0° #�1p w o uoc `»'sS _ Eu� °•�^ amp No : C•0O p U �J$ in o7 m': Co • J jeSS3ap ; °° nxo.oyO! -'IFrid1 c Sj AN ss� Rm '° gnn c°�•o's^°o s "�Q• ; C�:a.n N. � °�ysw n z . NN �- •� gR�u5o n pp °3. A. 0.r 0 n S' L'ti 4� �c �� • on p-U Deco' m c Fy".•1�: . .dam c: n 3 0' c °.�.� °—~ <`6 1 OR :CJ:4S �o zg SQ3 33eefl Ea��a3 xx °NiX AAA � V N - City of Southlake,Texas CITY MANAGER on E M O R A N D U M December 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: UTILITY EASEMENT DEDICATION - Off-site Sanitary Sewer Service for the Dominion Addition The purpose of this off-site easement is to provide sanitary sewer service for the Dominion subdivision. Attached is a copy of the proposed easement dedication with the appropriate description and exhibit . City staff has also reviewed the request and has no problem with the dedication of the easement . Please place this item on the council' s agenda for approval of the utility easement dedication and authorization for staff to take relevant action to facilitate the filing of record of the dedication. Staff will obtain signatures upon approval . GL/te Attachment : Utility Easement Dedications File: C:lwp)lesmt-row.pvlesmildominion.sew CITY OF SOUTHLAKE UTILITY EASEMENT PERMANENT AND TEMPORARY STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Timarron Land Corporation ("Grantor") for and in consideration of the sum of Ten($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE, Grantee herein, of Tarrant County, Texas, a perpetual easement for the purpose of installing, repairing,maintaining, altering,replacing, relocating and operating utilities in,into,upon,over, across and under that land in Tarrant County, Texas, described as follows, to wit: 15' Utility Easement: See attached Exhibit 'A' for metes and bounds description. See attached Exhibit 'B' for graphic depiction. together with the right of ingress and egress as necessary for such purposes, and an additional contiguous temporary construction easement for a period of one (1) year for the purpose of installing utilities on the property known and described as follows, to wit: Temporary Construction Easement: Immediately adjacent to the above described easement in a configuration as shown on Exhibit 'B.' Such temporary easement shall include the right to excavate upon such property, but Grantee shall replace any fence, improvements, or other fixtures upon said property without cost of Grantor, or current owner thereof, and shall restore the property as nearly as possible to its condition prior to entry thereon. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of , 1994. By: Susan E. Evans, President (6w, Page I of 6 54? 1 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Susan E. Evans, President, Timarron Land Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 Grantor: Timarron Land Corporation 300 East Carpenter Freeway Suite 1425 Irving, Texas 75062 Page 2 of 6 EXHIBIT " A " LEGAL DESCRIPTION BEING an 1.222 acre tract of land in the Hal Medlin Survey. Abstract No. 1037 and beinngg a portion of the tracts of land as conveyed to rharron Land Development Corporation. formerly-Bear Creek Communities. Inc.. as recorded in Vokme 9813. Page 2348 and Vokime 980. Page 2375 of the Deed Records of Tarrant County. Texas and berg situated in the City of Southlake. Tarrant County. Texas and being more particularly described as follows: COMMENCING at the Northwest corner of the said Hal Medlin Survey. Abstract No. 1037. THENCE S 86"22'42- E. 1057.06 feet to the PONT OF BEGNNNG of the herein described tract: THENCE S 89716- E. 19.82 feet to a point: THENCE S 4r38'16' W. 161.30 feet to a point. said point being the Pont of Curvature for a circular curve to the left hav'nq a radius of 242.50. a central angle of 12'3717-. a chord length of 53.31 feet and a chord bearing of S 35*1919" W: THENCE Bong said curve to the left. 53.42 feet to a point: THENCE S 29°Of00- W. 229.70 feet to a point: THENCE S 56*2742" W. 192.52 feet to a point: THENCE S 02°56'52' E. 152.58 feet to a point. said point be, the Pont of Curvature for a arcdar curve to the left having a radius of 242.50 feet. a central angle of r40'05-. a chord length of 49.30 feet and a chord bearing of S 08*4954' E: THENCE along said curve to the left. 49.38 feet to a point: THENCE S 14°36'57- E. 15ZO9 feet to a point: THENCE S 50°40'45- E. 160.82 feet to a point: THENCE S 26°0717- E. 127.13 feet to a point for the Point of Curvature for a circular curve to the riqht having a radius of 257.50 feet. a central angle of 10°59'46-. a chord length of 49.34 feet and a c oral bearing of S 20"37'24- E: THENCE along said curve to the right. 49.42 feet to a point: THENCE S 15"073f E. 245.84 feet to a point: THENCE S 08°56'47- E. 241.52 feet to a poet for the Point of Curvature for a circular curve to the left having a radius of 242.50 feet. a central oqe of 07°4f35-. a chord length of 32.54 feet and a chord bearing of S 12°4T35- E: THENCE along said curve to the left. 3256 feet to a point: THENCE S 16"38'22- E. 12426 feet to a point: THENCE S 16°58'36' E 376.03 feet to a point: GOODWINI .Sca I e: NONE Sheet �RSHALU Date : DEC. 1993 t� -FLAMM= -11tt11 VEYOVA Job N o : 9398 of aeon Bridge Street Site W.Fat Worth Texas 7m Drafted : TJM Metro t 817t 429-4373 �C' Checked : RDH 1 2 EXHIBIT " A " THENCE S 27°55'r E. 258.78 feet to a point: THENCE N 89'54'34- E. 339.76 feet to a point: THENCE S 55°58'39- E. 450.80 feet to a point: THENCE S 01°0722- W. 150.75 feet to a point: THENCE N 88°52'38- W. 15.00 feet to a point: THENCE N OrO7'22- E. 142.58 feet to a point: THENCE N 55°58'39- W. 438.04 feet to a point: THENCE S 89"54'34- W. 344.20 feet to a point: THENCE N 27°55'1- W. 269.26 feet to a point: THENCE N 16°58'36- W. 377.51 feet to a point: THENCE N 16°38'22- W. 124.30 feet to a point for the Pont of Curvature for a circular curve to the right having a radius of 257.50 feet. a central angle of 07°4r35 a chord length of 34.55 feet and a chord bearing of N t2°4735' W: THENCE along said curve to the right. 34.57 feet to a point: THENCE N 08*5647" W. 240.71 feet to a point: THENCE N 15°0731 W. 245.03 feet to a point for the Point of Curvature for a circular curve to the left having a radius of 242.50 feet. a central angle of 10'59'46-. a chord length of 46.47 and a chord bearing of N 20°3724- W. THENCE along said curve to the left. 46.54 feet to a point: THENCE N 26*07*17' W. 123.87 feet to a point: THENCE N 50"40'45- W. 162.44 feet to a point: THENCE N 14'36'57- W. 156.97 feet to a point for the Pont of Curvature for a circular curve to the right having a radius of 257.50 feet. a central angle of r40'05 a chord length of 52.35 feet and a chord bearing of N 08°46'54- W: THENCE along said curve to the right. 52.44 feet to a poet: THENCE N 02°56'52- W. 161.14 feet to a point: THENCE N 56"2T42- E. 197.42 feet to a point: THENCE N 29*01'00" E. 226.03 feet to a point for the Pont of Curvature of a circular curve to the right having a radius of 257.50 feet. a.central angle of 037V-. a lard length of 56.61 feet and a chord bearing of N 35°19'39- E: THENCE Bong said curve to the right. 56.72 feet to a point: THENCE N 41°3816- E 148.34 feet to the PONT OF BEC44 NG and containing 53.226 square feet or 1.222 acres of laid. GO®DWINI Sca I e : NONE Sheet MARSHALL9 Date : DEC. 1993 2 WL EMODIMM _ IPLA s`VJRVIFYONS Job N o : 9398 of SOOT Badge Street.SUte 100.Fort Worth Texas 7W Drafted : TJM Metro (817) 429-4373 `��'tr Checked : RDH 1 211 EXHIBIT "B" f�< T/ SEC r \ a 2 PHASE ONE.E. SECTION THE HIGHLANDS . ' F PARK Cob;I A. Std. No. ;Da P.R.T.C.T. 2 J POINT OF COMMENCING NW CORNER -�-g Ewr-,---- I I v+weiweiil--- - --- H LE"SURVEY POINT O F ABSTRACT Na 1D37 I the r EXSna CON�NFN eL VD. BEGINNING /od TIMARRON LAND CORP. ; TlMARRON LAND CORP. Volv1 9815. Pe 2J75 1� js Volaw� D.R. CP.,?.2348 9 1 DRI.C.T. D.R.T.C.T. ti 50 TEMP. CONST. ESMT. j h CURVE DATA /o CURVE DELTA R L T CHORD 13 y NO. I BEARING / DISTANCE CI 12'37'17' 242.50' 53.42' 26.82' S 35'19'39' W / 53.31' C2 II'40'05- 242.50' 49.38' 24.78' S 08'46'54" E / 49.30- C3 10'59.46' 257.50- 49.42- 24.79' S 20'37.24' E / 49.34' `\ C6 10'59'46" 242.50' 46.54' 23.34' N 20'37'24' W / 46.47' y CC7 257.50' S2.44' 26.31' N OB'46'S4" W 52.35' B 12'37'17- 257.50' 56.72- 28.48' N 35'19.39' E 56.6 7,5' 50' TEMP. `% TANGENT DATA CONST. ESMT. • a a \ TANGENT BEARING DISTANCE TI S 89'N'17' E 19.82' T2 S 41'38'17' W 161.30' T3 S 29'01'00- W 229.70' r� T4 S 56'27'42- W 192.52' T5 S 02'56'52' E 152.58' \ T6 S '3 7" 77 S 50'40'45' E 160.82' \. TB S 26'07'17" E 127.13' a o T9 S I5'07'31' E 245.84' TIO S O6'56'47' E 241.52' T24 N 08'56'47' W 240.71' o• w T25 N 15'07'31' W 245.03' T26 N 26'07'17' W 123.87' 1N T27 N 50*40*45' W 162.44' 14 36'S7' W 16.97' to T29 N 02'56'52' W 161.14* i T30 N 56'27.42" E 197.42- a ' T31 N 29'01'00' E 226.03' w T32 N 41'38'16- E 148.34' 7.5 l 1 i 50• TEME,SM1. CONST. MAT CH 1_114E GOOD I I SCa I e: - 200' Sheet �1fARSHALL9 Date : DEC. 1993 CnfL _KAI _WAYEYON Job N o: 9398 of 6001 atdr Street,Swe W0.Fort Worth Teo=76e2 Dr a f t e d : T JM 2 Metro c817t 429-4373 se'6 Checked : RDH EXHIBIT "B" M AT CN LIK E , s , 50. TEMP.MT TWARRON LAND CORP. 1 CONST. -S Voles• 9&J. Page 1J48 11) (` D.R.T.C.T. n 1 w >7'5 o\'t� ---------------- EX\S A\ N 4y 50" TEMP. CONST. ESMT. TIMARRON LAND CORP. Vok.• 981J. Poys 2375 \ TN n 50' TEMP. Teo 7\ CONST. ESMT. LAKE ti P TANGENT DATA TANGENT BEARING DISTANCE T17 TIO S 08'56'47' E 241.52' TII S 16'38'22' E 124.26' TI2 S 16'58'36' E 376.03' TI3 S 27'55'II' E 258.78' TI4 N 89'54'34- E 339.76' T15 S 55'58'39' E 450.80' TI6 S 01*07*22' W 150.75' TI7 N 88'52'38" W 15.00' TI8 N 01.07*22' E 142.58' TI9 N 55*58*39' W 438.04' T20 S 89'54'34' W 344.20' T21 N 27'55'I1" W 269.26' T22 N t6'S8'36' W 377.51' T23 N 16'38'22' W 124.30" T24 N 08*56.47' W 240.71' CURVE DATA CURVE DELTA R L T CHORD NO. BEARING / DISTANCE C4 07'41'35" 212.50' 32.56' 1 16.30' S 12'47'35- E / 32.54' C5 07'41'35' 257.50' 34.57' 1 17.31' N 12'47'35- W / 34.55' GOODWINI Sca I e: I- - 200' Sheet ARSHALU Date : DEC. 1993 2 , gy< - MA� .WAVEYORS Job N o : 9398 of 8001 BrIcIp Street.&ft 100.Fart Varih Texas 78112 sue_,► D r a f fed : TJM 2 Metro (817) 429-4373 Checked : RDH ' City of Southlake,Texas CITY MANAGER M E M O R A N D U M December 28, 1993 TO: Curtis E. Hawk, City Manager FROM: Greg Last, Community Development Director SUBJECT: RIGHT-OF-WAY DEDICATION - Dedication to Provide Off-site Water Service for the Dominion Addition The purpose of this R.O.W. dedication is to provide for the extension of water lines in Continental in front of the Dominion subdivision. Attached is a copy of the proposed R.O.W. dedication with the appropriate description and exhibit . City staff has also reviewed the request and has no problem with the dedication of the R.O.W. Please place this item on the council' s agenda for approval of the R.O.W. dedication and authorization for staff to take relevant action to facilitate the filing of record of the dedication. Staff will obtain signatures upon approval . GL/te Attachment : R.O.W. dedication File: C:Iwpflesmt-row.pvtrowldominion.row J`fd-e r CITY OF SOUTHLAKE R.O.W. DEDICATION STATE OF TEXAS COUNTY OF TARRANT WHEREAS,Timarron Land Corporation,acting by and through the undersigned,its duly authorized agent, is the sole owner of a tract of land situated in the Hall_Medlin Survey, Abstract No. 1037, County of Tarrant, according to the deed recorded in Volume 9813, Page 2348, Deed Records, Tarrant County, Texas. NOW THEREFORE, KNOW ALL MEN.BY THESE PRESENTS, that Timarron Land Corporation, ("Grantor") for and in consideration of the sum of Ten ($10) Dollars and other good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby dedicate to the City of Southlake, Tarrant County, Texas ("Grantee") that certain portion of said tract for the use and benefit of the public as a perpetual right-of-way ("R.O.W.") for the passage and accommodation of vehicular and pedestrian traffic, and the construction, operation, use, maintenance, inspection, repair, alteration, and replacement of a paved road within the boundaries of the right-of-way area, and for all other purposes for which a public street and right-of-way is commonly used, including installing,repairing,maintaining,altering,replacing, relocating and operating utilities in, into,upon,over,across and under said R.O.W. and including but not limited to all such uses permitted by the laws of the State of Texas and the ordinances and charter of the City of Southlake, Texas, said tract being more particularly described as follows, to wit: See attached Exhibit 'A' for metes and bounds description. See attached Exhibit 'B' for graphic depiction. TO HAVE AND TO HOLD the above described R.O.W. Dedication, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, is successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof. Executed this the day of 1994. Timarron Land Corporation, Grantor By: Susan E. Evans Title: President Page 1 of 4 . STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Susan E.Evans, President of Timarron Land Corporation, known to me to be the person whose name is subscribed to the above and foregoing instrument, and acknowledged to me that she is authorized to execute the above instrument on behalf of Grantor and that she executed the same for the purposes and consideration expressed and in the capacity therein stated, and as the act and deed of said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1994. Notary Public in and for the State of Texas My commission expires: Approved by City of Southlake, day of , 1994. By: Mayor,City of Southlake Return to(Grantee): City Secretary City of Southlake 667 N.Carroll Ave. Southlake, Texas 76092 Grantor: Timarron Land Corporation 300 E. Carpenter Freeway Suite 1425 Irving, Texas 75062 Page 2 of 4 �� 1 EXHIBIT "A " LEGAL DESCRIPTION BEING a 0.287 acre tract of land in the Hal Medlin Survey. Abstract No. 1037 and being a portion of the tract of land as conveyed to Timarron Land Development Corporation. formerly Bear Creek Community. Inc.. as recorded in Volume 9813. Page 2348 of the Deed Records of-Tarrant County and being situated in the City of SoutNake. Tarrant County. Texas and being more porticulorly described as follows: COMMENCING at the Northwest corner of the said Hal Medlin Survey. Abstract No. 1037: THENCE S 87°00'32" E. 915.62 feet to a 1/2" iron pin set for the POINT OF BEGINNING of the herein described tract: THENCE S 89716" E. 734.61 feet to a 1/2- iron pin set: THENCE S 00048*44' W. 17.00 feet to a 1/2- iron pin set: THENCE N 89716' W. 734.52 feet to a 1/2" iron pin set: THENCE N 00°30'27' E. 17.00 feet to the POINT OF BEGINNING and containing 12.488 square feet or 0.287 acres of land. GOODWI I Sca 19 NONE Sh..t �`� ARSHALL9 Do t e : DEC. 1993 1 CML E# W=Rf - PLANINMI - 811MV[YORQ Job No : 9398 of Draf ted : TJM 1 8001 Brk)ge Street.SZ>tte 100.Fort Worth Texas 7et12 �J Metro (817) 429-4373 GL- Checked : RDH Y EXHIBIT "B" POINT OF —" COMMENCING NW CORNER H NEDLN SURVEY T>'MARR�N ABSTRACT No. 1037 PI IA SE ONE. SEC 1 ION ONE �--%/ THE HIGHLANDS Ccbinef A. Slide No. 1014 1 P.R.T.C.T. 1 h `I 7 2 J' N 00030'27' E �1 P O I N F �o 17.00' I I IiBUI IN0 7.5' U.E. ° 5' U E. I 1 N 1 R.O. W. DEDICATION I>N42. ; 2 (0.287 Acre#) 1;:; 4' DOMINION Ln W I I 60' ZANDSl P e I�J t EASEMENT APE- 0 IF'=1 I ki [[ 0 P e 0 �o I so D.E7 2 -_ �Ql) Q �u 3 >:> WI I \ Oi � 1...`. CID� I \ � / 35' BLDG. \ . Z :::i N 3 LINE / 4 d ;aa i i 5 U.E. S 00048*44" W 17.00' GOOD INI ScaIe : 1 ' - 100' Sheet \ ARSHALL9 Date : DEC. 1993 CnM ENGNMRS - PLAtAlN09 - BMVEYORB Job N o : 9398 of e001 Bi ldW Street.Sun IOo.Fart Worth Texas 7810 5d—, Drafted T J M 1 Metro (817) 429-4373 Checked : RDH City of Southlake,Texas RESOLUTION NO. 94-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING TWO SIGNATURES OF EITHER THE CITY MANAGER, ASSISTANT CITY MANAGER, CITY SECRETARY, MAYOR, OR MAYOR PRO-TEM FOR CHECKS ISSUED ON BEHALF OF THE CITY; FOR ANY ITEM EXCEPT A PAYROLL CHECK; PROHIBITING THE MAKING OF A CHECK FOR NON-BUDGETED ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND APPROVAL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. SECTION 2 . By passage of this resolution the City Council does hereby require two (2) signatures of either the City Manager, Assistant City Manager, City Secretary, Mayor or Mayor Pro-Tem for checks of $5, 000 or more issued on behalf of the City of Southlake for any item. SECTION 3 . By passage of this resolution the City Council does hereby require two (2) signatures, facsimile or actual, of the City Manager, Assistant City Manager, City Secretary, Mayor or Mayor Pro-Tem for any item except a payroll check which may be signed, facsimile or actual signature, by only one of the above named officers . SECTION 4 . By passage of this resolution the City Council does hereby prohibit the making of a check for any item without budgeted funds available, as any expenditure requires prior budget approval from the City Council . SECTION 5 . This resolution shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED by the City Council of the City of Southlake, Texas on this day of 1994 . ATTEST: Gary Fickes, Mayor Sandra LeGrand City Secretary b:94-01.RES/0R06RES/kb City of Southlake,Texas MEMORANDUM December 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-102 Rezoning of 1.000 Acres REQUESTED ACTION: Rezoning request for 1.000 acres situated in the Harrison Decker Survey, Abstract No. 438, Tracts 1B10A, 1B10C, 1B6C1, 1B6C2. LOCATION: 1207 Timberline Court OWNER: Alice Turner APPLICANT: Sam Hughes d\b\a Sam's Automotive CURRENT ZONING: "MH" Manufactured Housing REQUESTED ZONING: "I-1" Light Industrial LAND USE CATEGORY: Industrial NO. NOTICES SENT: Thirteen (13) RESPONSES: One - Charles R. Young, 1700 Stoneway Drive, Grapevine, Tx, in favor BACKGROUND INFO: This area was annexed into the City of Southlake in 1987 and rezoned to "MH" with the adoption of Ordinance No. 480 in September, 1989. On Tracts 1B10A and 1B6C1, there exists a legal, nonconforming auto repair service. On Tracts 1B10C and 1B6C2, there exists a legal, conforming mobile home. P & Z ACTION: December 9, 1993; Approved (6-1) . The dissenting Commissioner would have supported B-2 zoning. COUNCIL ACTION: December 21, 1993 : Approved (6-0) , 1st reading, Ordinance No. 480-101 KPG � •V�\111111111/� ■w■■ � '' F1L11�!• �©;,�'■►�'''a a;�l:•�1■�1 ' . �..� ® ■ail® ©.o;'��;,;r��o��•�� IIIIIIIf•^�♦ ' � � -rlmm ■ � � �+� ��r+�•� �1■r1 r11111111/1 ■111111111u� tr/1111/!f�1�' dw ;«1 © r►�! E ►i rru111111■ MID mm Cm MEMZI C: �nluwmv� _ ipmease®e _-. ..110. 1/.;�:11./ . - �•�1 ��i�!,i„ - � 1i�1B1i�11111111111 �� ■ _,iY MENEM. . As nil ��- .— o� .' '� ram► ■■.=� R n � won iu�m it M1. 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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 APPROXIMATELY A 1 . 00 ACRE TRACT OF LAND OUT OF THE HARRISON DECKER SURVEY, ABSTRACT NO. 438, TRACTS 1B10A, 1B6C1, 1B10C, AND 1B6C2, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "MH" MANUFACTURED HOUSING TO "I-1" LIGHT INDUSTRIAL 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. EREAS, the City of Southlake, Te ome rule City acting u s Char e y 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 "MH" Manufactured Housing 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 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 c:\ord\zoning\480.101 'I A- 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, (tow, 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 and amended as shown and described below: Being approximately a 1 . 00 acre tract of land out of the Harrison Decker Survey, Abstract No. 438, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. c:\ord\zoning\480.101 a -h From "MH" Manufactured Housing to "I-1" Light Industrial 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 affecting zoning which have accrued at the time of the c:\ord\zoning\480.101 Q v 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 day of 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c:\ord\zoning\480.101 EXHIBIT "A" Metes and bounds description follows : BEING a tract of land out of the Harrison Decker Survey, Abstract No. 438, situated in Tarrant County, Texas and being all of Tracts 53 and 54, conveyed to William B. Turner and wife, Alice L Turner, as described in .deed recorded - in Volume 7430, Page 1754, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the Northeast corner of said Tract 53; i THENCE South 00 degrees 11 minutes 21 seconds East, along the East lines of said Tracts 53 and 54, 158.48 feet to a 1/2 inch• iron rod found for the Southeast corner of said Tract 54; THENCE North 89 degrees 45 minutes 00 seconds West, along the South line of said Tract 54, at 245.09 feet, passing a 1/2 inch iron rod found on the East line of Timberline Court, a 60 foot wide right-of-way, continuing in all, 275.09 feet to the centerline of said Timberline Court; THENCE North 00 degrees 01 minutes 18 seconds West, along said centerline and along the West lines of said Tracts 53 and 54, 158.48 feet to the Northwest corner of said Tract 53; THENCE South 89 degrees 45 minutes 00 seconds East, along the North line of said Tract 53, at 30.00 feet, passing a 1/2 inch iron rod found on said East line of Timberline Court, continuing in all, 274.63 feet to the Point of Beginning and containing 1.000 acres of land. Property is subject to Timberline Court, a 60 foot wide right-of-wa b J dedicated by the Plat recorded in Volume 388-163, Page 56, Plat Records, Tarrant County,Texas. c:\ord\zoning\480.101 � A- 1d City of Southlake,Texas M E M O R A N D U M December 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-103 Rezoning of 5.000 Acres REQUESTED ACTION: Rezoning for 5.000 acres situated in the W. R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1. This request is for the proposed Lot 1, Baker Estates. LOCATION: West side of South Peytonville Avenue approximately 2,000 feet south of the intersection of F.M. 1709 and South Peytonville Avenue. OWNER: Joanne Thompson APPLICANTS: Brandon and Kay Baker CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "RE" Residential Estate LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: None P & Z ACTION: December 9, 1993; Approved (7-0) with notation to shift west boundary line to the west to allow five acres (net of dedication) for this rezoning. COUNCIL ACTION: December 21, 1993; Approved (6-0) 1st reading, Ordinance No. 480-102. KPG/gj c:\wpf\cases\CC93-103.Z •� = III// ��Q ,.. ■;�� ' �� e�b ► �IIII■. wit, � � � ' ©�� on .o. -BIN fill ©� G - ,� -�.� '� � fill . � rr ��y��!�:��::�i��1��L�s�■© �1 12 lmom milli 0 ow_, a6hug.0407PIOSSMA,my P WAS OPEN WON L ■�■ . rr• s =a,T, w.o K — 14.V3 f.x t'i ." I,>0 I .... �,. ..as. c II Ta I.1 , 1 f•.]e]K la I. Ia f.l • .es• , ..Ix L.ul ill I.I , Ill%I ' 1 T. .0 10 1 • 1 la X i 1 ' f/p 1YC]V'0 T i ".a " P K 7 lY .In Ot IS, ` ' tI. 1 ; Ix I] i1"CT: ' 20.70c 2p3 A If to lY 1 , i la.Cl t 1 ' Ilmat"fp0 cT 1 ' ® zI '® ty a u.».K 1 n IS 5�-500 Ta u i - At Ato•4'�� n 1 fi.30 K N 1 ' 1 ' , 1 R Carroll ISD "S-P-1" C.e � 1 1 Kirby,C. "AG" � sa 1 ' a.e K , , \ Smith.S. "AG" \ Gatewood. M. "AG" Ta.!]. Goode. R• "CJ" •::::• f K � JJ •::•: .7t{., Smith,S. -AG" �y,:::�::ti':':•:ti':•' Ian � 1 ' ; :•� •: ::::::: ;: smith.S. -AG" f.o c PppEN :%, ••; T P SUP 259 Smith, a S. "AG" a.o c 1 ' f...0 i 1 C/ 1 T-T I ' Foster,C. "SF-1" )1 , 1 Morrison, N. "AG" J 1 ' Goode. R. "AG" t i , , Iz i.c i Lease,M. "SF-1" fo.xc TA z.• 1 1 30.0 ac 1 1 TIOCT] O •-- Ia x! IaPpPEs o Ta I.. ® TRACT. 1.47 aC n O nJ " I.a f] 16 Q • NHILL ADJACENT OWNERS & ZONING N thta taf ND of Co-Oil.. ..I-11 for the use Of N E tarrmt berHaal Otstr lct "ho •owes no refOonsfO111 tY far the Cohtlht Or acCYraCY other than these Intended. -�� S 11=a Sia 3jF`i. 11 1Ey t fill 3�; :°'a3SFs! ifopVl f �1# ; ti-f S}x1 EE-fEls:i If1 iS 1 s <.jd 3�EF1 �Fi+t1f'�i•31j ! C4 i . yy- !1 t �� ! : �f4. W `f$111 all . 14 ' e3�3}=1 ! 1,i; - I j21 f j31lss4��t`f 3 1 I i.1� 1s1! . I , {1} g�mY ,a 13S3t f. fl .f z: 3 f 3 I p gg g d• 81 L� m a aVON 31l ANOI k3d t t Al'001 �I a e$o 5 3 t � �J I I " oA I � s on I � t t r � � a za _ n dy g c°�c! JF NW d c`no a. cwn a~Y U Q~; ° OaJN 0 '� 6-4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-102 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 APPROXIMATELY A 5 . 00 ACRE TRACT OF LAND OUT OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING A PORTION OF TRACT 3A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "RE" RESIDENTIAL ESTATES 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 '11AG" Agricultural 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 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 (41W this ordinance for off-street parking facilities; location of ingress and egress points, for parking and off-street loading c:\ord\zoning\480.102 'I \b-s 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 and amended as shown and described below: Being approximately a 5 . 00 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "RE" Residential Estates District. c:\ord\zoning\480.102 11 2(� r— \J- (L7 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 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 c:\ord\zoning\480.102 not be affected by this ordinance but maybe 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 day of 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c:\ord\zoning\480.102 — EXHIBIT "A" (owe 12-13-93 LOT 1: TRACT OF LAND IN THE W. R. EAVES SURVEY, A-500 TARRANT COUNTY, TEXAS The following described tract or parcel of land situated in the W.R. Eaves Survey, A-500, Tarrant County, Texas and being a portion of a 16.66 acre tract as recorded on Page 2398 of Volume 8759 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING in the proposed West right-of-way line of Peytonville Road and being N 390 57' W a distance of 35.0 feet and N 00 31' 50" W a distance of 100.1 feet from the Southeast corner of said W.R. Eaves Survey; THENCE S 890 27' 31" W a distance of 628.6 feet; THENCE N 00 31' 50" W a distance of 346.49 feet and being in the South line of a 6.34 acre tract as conveyed to Carl August Kirby on August 9, 1993; THENCE N 890 27' 31" E a distance of 628.6 feet and being in said the proposed West right-of-way line of Peytonville Road; THENCE S 00 31' 50" E along the proposed West right-of-way line of said Peytonville Road a distance of 346.49 feet to place of beginning, containing a net acreage of 5.00 acres or 217,801 square feet of land. L c:\ord\zoning\480.102 'j c�. City of Southlake,Texas M E M O R A N D U M December 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-104 Rezoning of 4.806 Acres REQUESTED ACTION: Rezoning for 4.806 acres situated in the W. R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1. This request is for the proposed Lot 2, Baker Estates. LOCATION: West side of South Peytonville Avenue approximately 2,000 feet south of the intersection of F.M. 1709 and South Peytonville Avenue. OWNER: Joanne Thompson APPLICANTS: Brandon and Kay Baker CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: 1'SF-1A" Single Family-lA Residential LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: None P & Z ACTION: December 9, 1993; Approved (7-0) with notation that adjustment of common line between Lots 1 and 2 will be made to accommodate the minimum acreage requirement for each zoning case. COUNCIL ACTION: December 21, 1993; Approved (6-0) 1st reading, Ordinance No. 480-103. KPG/lc �I►11►. wit, � ��;� � ' ©G1�.■� mks gillSIR WA oil 11140 r _ � ELI ■ 'uEli �' tea►\- � - � ■;E��I �' o ■■■ RAF � r ■�� !'y��,;��ice' ��'� Tw IC tw a seV1, Iv.V3C 1 Ls]. c 1 1 I.)e1 K Ta f•I 1 I..305•c rw I• rw u1 .K e 1 1..12 I.♦fL ra)•1 1 1 1 Ia x _ .69 K 1 M Xa _ K s i. 1 1 1..136 K •• 1 1 To Xi• 1 1 I.e K 1 ; to X 1 x.e AC' 1 AKASO Ta.el, 7 a. AIR rt t3, 1 1 " 11. 1 1 ,a As t Te a•a TRACT a . 1 ae.»K 2p3 ac Is to Ii 1 TMCI f 1 � ®® a,To 1.3 ,eyptTgeD Ct • To a a 0.70.K P�. 1 Tow » 2' IS N pVEyl 1.K ae Q'Sp01 a n la 3. i as 7 6.]6 luo.e'� 1 1 1 AC 1 1 1 1 ae 30 i 1 1 1 ra YI 1 1 Carroll iso "S-P-r e.e. 1 1 Kirby,C. "AG" 1 K 1 1 Ta x \ Smith,S. "AG" 1 ` 1 1 �Gatawood, M. "AG" Ia 2.3 1 ti.i ................ •• ............. Tw]• •_ Goode.R 3- -G 6.0 K •... Smith,S. "AG" 1 ; ;:•: : ::• Smith,S. "AG f.e.c iu\ Pp060 F: 'r:' :::;: ;: �] F SVpV 55 j Smith,S. "AG" A a.. 1.4 K 1 1 , 1 CJ 1 —cr I 1 Foster,C. "SF-1" '1 1 1 1 1 Morrison,N. "AG" --� 1 1 Goode, R "AG" '—'i 1 ' lw 2 Ta,o , 1 Lease,M. "SF-SF 12.i AC 1 le K To i.• 1 1 ]0.0 K ` : ia•CT] o /...,K PIaP tEs a \` s z.e).c " - I.a Is is ¢ ' .I.IORNNILL ADJACENT OWNERS & ZONING 1 -7[- f I This tea "Dow I E leel :IV r Torment Ofstrfeto" r" eeswee no resoonsfef lfeT for the Content or eCtur1Cy ether than the ust )ntendee. •�� „ ,� OCT or 3 �tll' lei:iSit Sill.!1;1 fill 1111 � t S S i yy of b t-ij`,t 1�Ebii�, I�tSI{ bS t e N�Js t t j 1 ZO Wh; �ijli - jSf I;-Is r W'�mlfy pep _=!`til e�.ppi S=.i�i.ia^.pS }S}}: ri � �t. F•- . 3 i ,',}} S1 ll35it QQ l�i:QQ i�� izi di}} 31 }li } I a0 P< d 's�i < J 2 Q: CIVON 3-1-1 N d I ►i J I I � o G o on .nIL 1- � , d # t r si t �.. t F l Z� = n Q Z Q d # n _JX OX o o ��i O F N 2� d °ono m�cwn Z � ��^°h Ys2tli �W ZW Y~ Amnm a UQ aJ �a of oe Ern }I Z= u 7 Z D c c O ZO 1 Q VI J!n rT- o o a C-T , CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-103 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 APPROXIMATELY A 4 . 806 ACRE TRACT OF LAND OUT OF THE W.R. EAVES SURVEY, ABSTRACT NO. 500, BEING A PORTION OF TRACT 3A1, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11SF-1A" SINGLE FAMILY-lA 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 "AG" Agricultural 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 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 (W neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of c:\ord\zoning\480.103 c•S . 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 and amended as shown and described below: Being approximately a 4 . 806 acre tract of land out of the W.R. Eaves Survey, Abstract No. 500, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. c:\o;d\zoning\480.103 C` � From "AG" Agricultural to "SF-1A" Single Family-1A 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 (W 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 aw ordinances affecting zoning which have accrued at the time of the c:\ord\zoning\480.103 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 day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1993 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c:\ord\zoning\480.103 EXHIBIT "A" 12-13-93 LOP 2: TRACT OF LAND IN THE W. R. EAVES SURVEY, A-500 TARRANT COUNTY, TEXAS The following described tract or parcel of land situated in the W.R. Eaves Survey, A-500, Tarrant County, Texas and being a portion of a 16.66 acre tract as recorded on Page 2398 of Volume 8759 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING in the proposed West right-of-way line of Peytonville Road and being N 87 27' 31" W a distance of 35.0 feet from the Southeast corner of said W.R. Eaves Survey; THENCE N 890 57' W a distance along the South line of said W.R. Eaves Survey of 967.88 feet to a found 1/2 inch iron rod at the Southwest corner of said 16.66 acre tract and being the Southeast corner of a 20.7 acre tract as recorded on Page 195 of Volume 4359 in the Tarrant County Deed Records; kw THENCE N 00 19' W along the West line of said 16.66 acre tract and along the East line of said 20.7 acre tract a distance of 436.87 feet to a found 1/2 inch yellow capped iron rod at the Southwest corner of a 6.34 acre tract as conveyed to Carl August Kirby on August 9, 1993; THENCE N 890 27' 31" E at a distance of 337.59 feet; THENCE S 00 31' 50" E a distance of 346.49 feet; THENCE N 890 27' 31" E a distance of 628.6 feet and being in the proposed West right-of-way line of said Peytonville Road; THENCE S 00 31' 50" E along the proposed [Test right-of-way line of said Peytonville Road a distance of 100.1 feet to place of beginning, containing a net acreage of 4.806 acres or 209,358 square feet of land. c:\ord\zoning\480.103 / 4 c City of Southlake,Texas M E M O R A N D U M December 27, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-106 Rezoning of 0.49 Acres REQUESTED ACTION: Rezoning for 0.49 acres situated in the Hiram Granberry Survey, Abstract No. 581, being a portion of Tract 5. LOCATION: Approximately 1, 000 feet northeast of the intersection of Continental Blvd. and South White Chapel Blvd. OWNER: William S. Gilchrist CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: "SF-1A" Single Family-lA Residential LAND USE CATEGORY: Low Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: Two (2) written responses, both in favor * Gary Hargett, 1125 S. White Chapel Blvd. * Ralph V. Williams, 120 E. Continental Blvd. P & Z ACTION: December 9, 1993; Approved (7-0) COUNCIL ACTION: December 21, 1993; Approved (6-0) 1st reading, Ordinance 480- 104. STAFF COMMENTS: The applicant must zone this portion of Tract 5 in order to combine it with Tract 4 of The Glory Place to the South. KPG/lc ohs ran k VON mill//■1�1��■■��- �■��;IAA zone Ufa ` ��/�■■■� "E� r ��■�l�u+■ yr ��,■� � ■�� •- ,; �.�►� �i■■ IN © -��• BilIa;1 ►�► •♦ �� • *ice iii'' AMuse IM ��p�■ i �iN��11 � r ri"JiirR'i� Is wmwa i� � 1 1 A�1 erg r ��•:~��',�,' ��'�� f� .. ��/v�Irk ter..:■■.■ � Ir ■ 27 SIIVERW TR 5D TR 5C1 �� '�� 28 4.0 AC 2.05 AC , . 29 y 3C eeo ao so I zoo 190 90 I I I TRACT E I 5A TRACT I $ 5 I oily M1� 27 o �Y T;NE � 15645 TR 8E7- GRAN Y Imperial Eagle Investment, Inc. "SF-1" I Gilchrist, W. "SF-1" / I 5.61 @ �A 17 I - 16 21 TRACT 8 no iR 1.e Williams, R.V. TR 5A T{;: ?• / TRACT 15 1.70 AC $ 6 :I G: :'r: I( 2R Ely, B. "AG" : :: :'r 1.5 Timarron Land Corp. 14 90 1.0 ( "PUD" Feenstra, R. Ely, B. "AG" Ely, B "SF-1" 13 "AG" a 12 Williams, R.V. TRACT ,z 117 7 TR 3 1C2A TR 5E TRACT TR 5A1 414 @ 5.363 AC 35 AC $ 4 ' 3 4 % TR Smith Constr. Co. so 95 iC2 "SF-1" I HIGHLAND f 11 @ Williams, R.V. 9,10 .., 130 f.0 zoo 200 `�. 190 P CON'TTNF.DITAl BLND — — — — - 129 zeo Io66 TR 2D i .42 AC , TR 203 62 199 1.85 AC 1 " 17o TR 206 zze 4 196 TR 204 TR 205 \ 2.2 AC 10 @ ADJACENT OWNERS & ZONING 1.49 @ Z10 At, N1-. ( �P 11 11z 115 e. us 61 6 _ 5 s 4 3 - 2 i 5 ff3 115 1J9 {!B sa 6 BENT TRAIL 15S EAST ,/r IRF 140.0' ,/r IRF W 8.726 AC N 3 VOL ,1201. PG 2017 DRTCT S N: 0.49 AC O kn 2 O .- P.O.B. v1 1/r IRF WEST 1/r IRF 140.0' o TRACT NO 4 3 THE GLORY PLACE VOL 368-131. PG 82 PRTCT T �O wv ,, WEST 715' t/r utF CONTINENTAL BOULEVARD (COUNTY ROAD 3099) kw CERTIFICATION 1. David L Elzy, a Registered Professional Land Surveyor of the State of Texas. do hereby tnrund the plot shown hereon accurately represents the property as determined by an on— survey made under my direction in October. 1993. and that all corners an as wn. / ll e /7 SCALE, Y- 100' CITY OF SOUTHLAKE, TEXAS 480-104 ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, T OMPREHENSIVE 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 APPROXIMATELY A 0 .49 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT NO. 581, A PORTION OF TRACT 5, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "SF-1A" SINGLE FAMILY-lA 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 e City acting un er its Charter a the electo ursuant 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 (W 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 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 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 c:\ord\zoning\480.104 " V-,)-S 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 and amended as shown and described below: Being approximately a 0 .49 acre tract of land out of the Hiram Granberry Survey, Abstract No. 581, and more fully and completely described in Exhibit "A, " attached hereto (W and incorporated herein. c:\ord\zoning\480.104 r_ From "AG" Agricultural to "SF-1A" Single Family-lA 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 (W provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the c:\ord\zoning\480.104 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 day of 1993 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: c:\ord\zoning\480.104 Q O v EXHIBIT "A" c:\ord\zoning\480.104 A EXHIBIT "A" Metes and bounds description follows : BEGINNING at an iron pin at tho northwest corner of Tract No. 4, of THE GLORY PLACE, an Addition to the City of 8outhlake, Tarrant County, Texas, according to the plat recorded in Volume 388-145, Page 85, Plat Records, Tarrant County, Texans THENCE N 000 124 47" E, 153.4 feet to an iron pin for corners THENCE Eant, 140.0 foot to an iron pin at the northwest corner of Tract No. 3 of THE GLORY PLACE, according to plat recorded in Volume 388-126, Page 9, Plat Records, Tarrant County, Texans THENCE 6 00. 12' 47" W, 153.4 foot to an iron pin at tho northeast cor- ner of the abovo reference Tract No. 41 THENCE Went 140.0 feat to the PLACE OF BEGINNING and containing n.49 acroe of land.... c:\ord\zoning\480.104 ~lc� • �o City of Southlake,Texas (awl M E M O R A N D U M December 29, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: Ordinance 480-M / Revisions to the Zoning Ordinance In September, Staff was directed by the City Council to draft revisions to the zoning ordinance eliminating the concept plan approval prior to site plan submittal for a building permit . These revisions were not intended to eliminate the concept plan required for certain zoning change requests . Attached is Ordinance No. 480-M, prepared by City Attorney Wayne Olson and Staff, which addresses these revisions . Included are the recommended changes approved by the Planning and Zoning Commission on November 18, 1993 . While reviewing the ordinance, Staff also noted some areas in the affected sections where further editing would clarify the intent of the recommended changes . These revisions do not change the content of the ordinance reviewed and approved by the Commission. Section 1 creates definitions of concept plan, development plan, and site plan to alleviate previous confusion in terminology. Section 2 deletes all reference to the development site plan requirement and requires instead a site plan prior to issuance of a building permit . Section 3 adds a second and third paragraph to Section 16 . 6 which clarifies the concept plan requirements and a new Section 16 . 7 which establishes the effectiveness of the concept plan and a site ................................................................................. plan requirement in the 'IMF-1" district . 5 >' s S . _ __ . .... - _ ._.:::.. :.::: ..:::.::.:..;...:: ..:.:.....:...........:.;.::.::....::...:.:,:.;. ,::........ . az '":..: xd �dke< e <due> >< J <' eadeirxo >` rim Sections 4 through 8 delete the requirement for concept plan approval prior to submittal of a site plan for a building permit in the following zoning districts 110-1, " "C-1, " "C-2 , " "C-3 , " and "C-4 . " Section 9 changes the determination of maximum lot coverage in the "B-1" district to review of a concept plan rather than a site plan. Section 10 changes the determination of maximum lot coverage in the "B-2" district to review of a concept plan rather than a site plan. Section 11 establishes the maximum lot coverage of 5011 of the lot area for developments in the "I-1" zoning district . ' City of Southlake,Texas Section 12 deletes the requirement for concept plan approval prior to submittal of a site plan for a building permit in the "I-1" zoning district . Section 13 establishes the maximum lot coverage of 500 of the lot area for developments in the 11I-2" zoning district . Section 14 deletes all reference to the development site plan requirement and requires instead a site plan prior to issuance of a building permit . Section 15 adds a second and third paragraph to Section 32 .4 to further clarify the concept plan requirements in the "S-P-2" zoning district . Section 16 adds a new Section 32 .5 which establishes the effectiveness of the concept plan in the "S-P-2" district . Section 17 clarifies the placement and location of trash/recycling receptacles . Section 18 revises Section 40, "Site Plans" by adding development plans to the entire section. In subsection 40 .3 , residential planned unit developments are now designated as RDP (Residential Development Plans) and mixed planned unit developments are now designated as NRDP (Nonresidential Development Plans) . Reference to specific use permits (SUP) has been deleted because these permits now require a concept plan rather than site plan. Subsection 40 . 8 has been deleted due to its redundancy. Section 19 deletes reference to concept plans "necessary to assess the merits of development in the 110-1, " "C-1, " "C-2, " "C-3 , " and "C-4" zoning districts . Section 20 adds reference to subsequent development plans, in addition to site plans, being in conformance with the approved concept plan. Section 21 clarifies the timing of bufferyard placement similar to the format in the landscaping ordinance. Section 22 originally deleted the berm option in the bufferyard section and replaced a hedge requirement instead; however, the Planning and Zoning Commission preferred to have both options available . They recommended the inclusion of a berm with adequate bufferyard width. Section 23 adds both the berm and hedge option to Subsection 42 . 9 (b) . Section 24 clarifies that the installation of bufferyards shall be prior to issuance of a certificate of occupancy for new construction. This revision further stipulates that any '1 b-2. City of Southlake,Texas construction should not encroach into future bufferyards . Section 25 adds Berms and Hedges to the Bufferyard Illustrations . Section 26 deletes all reference to the development site plan requirement and requires instead a site plan. Section 27 states that Appendix A will be updated with the revised exhibit requirements . On December 2, 1993 , the City Council approved (6-0) the first reading of Ordinance 480-M. Please place the Second Reading of Ordinance No. 480-M on the January 4 , 1994 City Council agenda for their review and consideration. Should you have questions regarding any of the above or the ordinance, please call me at extension 743 . KPG '1E - 3 ORDINANCE NO. 480-M AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, BY REQUIRING THE SUBMISSION OF A DEVELOPMENT PLAN IN CONJUNCTION WITH PLANNED UNIT DEVELOPMENTS; BY REQUIRING THE SUBMISSION OF A SITE PLAN IN CONJUNCTION WITH APPLICATIONS FOR BUILDING PERMITS; BY REVISING BUFFERYARD PROCEDURES AND REQUIREMENTS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. , 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 Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted Ordinance No. 480, as amended, as the Zoning Ordinance for the City; and WHEREAS, the Zoning Ordinance currently provides for the submission of a "development site plan" in conjunction with Planned Unit Development applications and building permit applications; WHEREAS, the City Council now deems it necessary to amend Ordinance No. 480, as amended, by requiring the submission of a "development plan" in conjunction with Planned Unit Developments, by requiring the submission of a "site plan" in conjunction with applications for building permits, and by amending requirements and procedures related to bufferyards; and f:\files\muni\slake\ordinanc\zoning.amd(114)4-93) WHEREAS, the City Council has given published notice and held public hearings with respect to these amendments to the Zoning g Ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Section 4, "Definitions," of Ordinance No. 480, as amended, is hereby amended by adding the following definitions to Section 4.2: "CONCEPT PLAN - An exhibit meeting the requirements of Section 41 of this Ordinance which is required to be submitted with zoning change requests in certain zoning districts. DEVELOPMENT PLAN - An exhibit meeting the requirements of Section 40 of this Ordinance which is required to be submitted with zoning change requests in the Planned Unit Development district. SITE PLAN - An exhibit meeting requirements uirements of Section 40 of this q Ordinance which is required to be submitted prior to the issuance of a building permit or with zoning change requests in certain zoning districts." SECTION 2. That Sections 8.6, 8.8, 18.8, 20.8, 21.8, 22.8, 23.8, 24.8, 24.9, 25.8, 26.8, 26.9,27.8, 27.9, 28.8, and 32.6 of Ordinance No. 480, as amended, are hereby amended by revising all references to development site plan to read site plan. SECTION 3. That Ordinance No. 480, as amended, is hereby amended by renumbering Section 16.7 as Section 16.9, and revising Section 16.6 and adding new Sections 16.7 and 16.8 to read as follows: f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) "16.6 CONCEPT PLAN - A Concept Plan meeting the requirements of Section 41 of this Ordinance is required to be submitted with a request for zoning to an MF-1 Two Family Residential District. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to submittal of a site plan. The Concept Plan shall be processed in accordance with this Ordinance and state law for changes in zoning. 16.7 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application. 16.8 SITE PLAN - a site plan meeting the requirements of Section 40 shall be required prior to the issuance of a building permit for any construction in the MF-1 Two Family Residential District." SECTION 4. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 18.6 and 18.7 in their entirety and by renumbering the remaining sections accordingly. SECTION 5. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 20.6 and 20.7 in their entirety and by renumbering the remaining sections accordingly. SECTION 6. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 21.6 and 21.7 in their entirety and by renumbering the remaining sections accordingly. SECTION 7. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 22.6 and 22.7 in their entirety and by renumbering the remaining sections accordingly. f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) SECTION 8. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 23.6 and 23.7 in their entirety and by renumbering the remaining sections accordingly. SECTION 9. That Section 24.5, Paragraph e, of Ordinance No. 480, as amended, is hereby amended by revising the reference to Site Plan Review to read Concept Plan Review. SECTION 10. That Section 25.5, Paragraph e, of Ordinance No. 480, as amended, is hereby amended by revising the reference to Site Plan Review to read Concept Plan Review. SECTION 11. That Ordinance No. 480, as amended, by hereby amended by revising Section 26.5, Paragraph e, to read as follows: "26.5 e Maximum Lot Coverag e: All buildings or structures shall have a maximum lot coverage not exceeding fifty percent (50%) of the lot area." SECTION 12. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 26.6 and 26.7 in their entirety and by renumbering the remaining sections accordingly. SECTION 13. That Ordinance No. 480, as amended, is hereby amended by deleting Sections 27.6 and 27.7 in their entirety, by renumbering the remaining sections accordingly, and by revising Section 27.5, Paragraph e, to read as follows: "27.5 a Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding fifty percent (50%) of the lot area." f:\files\muni\slake\ordinam\zoning.amd(11.04-93) �•, w SECTION 14. That Sections 30.6, 30.7 and 30.8 of Ordinance No. 480, as amended, are hereby amended by revising all references to Development Site Plan and Site Plan to read development plan, and by revising all references to Development Concept Plan to read Concept Plan, except that Section 30.8, Paragraph c, shall be revised to read as follows: "c. In any residential and nonresidential Planned Unit Development, all nonresidential building sites shall submit a site plan meeting the requirements of Section 40 of this ordinance. This site plan shall be submitted either concurrently with the development site plan for this phase of the Planned Unit Development or prior to requesting a building permit. This site plan may only be approved following a public hearing before the Planning & Zoning Commission and the City Council in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance." SECTION 15. That Ordinance No. 480, as amended, is hereby amended by revising Section 32.4 to read as follows: "32.4 CONCEPT PLAN - Applicants for S-P-2 zoning must file an application for Concept Plan approval in accordance with the requirements of Section 41 of this ordinance. All properties zoned at the effective date of this ordinance which do not have an approved Concept Plan on file with the City shall submit a Concept Plan meeting the requirements of Section 41 of this ordinance prior to a submittal of a site plan. The Concept Plan shall be processed in accordance with this ordinance and state law for changes in zoning." f:\files\muni\stake\ordinanc\wning.amd(11-04-93) �� • SECTION 16. That Ordinance No. 480, as amended is herebyamended b adding a new y g Section 32.5 to read as follows and by renumbering former Sections 32.5, 32.6 and 32.7 accordingly. "32.5 EFFECT OF CONCEPT PLAN - All subsequent site plans shall substantially conform to the Concept Plan approved with the zoning application." SECTION 17. That Ordinance No. 480, as amended, is hereby amended by revising Section 39.4, Paragraph c, to read as follows: "c. Outside storage of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be at the side or rear of the building and shall be totally encircled or screened by fence, planting or other suitable visual barrier six feet (6') in height. These areas or receptacles shall not encroach into any required bufferyard." SECTION 18. That Section 40 of Ordinance No. 480, as amended, is hereby revised to read as attached hereto. SECTION 19. That Ordinance No. 480, as amended, is hereby amended by revising Section 41.1 to read as follows: "41.1 PURPOSE AND INTENT - Approval of a Concept Plan shall be required in connection with any request for zoning to any SF-30, SF-20A, SF-20B, S-P-2, MF-1, CS, B-1, B-2, and HC zoning districts, unless such zoning request is upon the application of the City." f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) 1 SECTION 20. That Ordinance No. 480, as amended, is hereby amended by revising Section 41.4 to read as follows: "41.4 EFFECT OF CONCEPT PLAN - All subsequent site plans or development plans shall substantially conform to the Concept Plan approved with the zoning application. If, in the opinion of the Administrative Official, the site plan or development plan does not substantially conform to the Concept Plan approved by the City Council, the applicant shall either seek approval of the revised Concept Plan per Section 41 or a revised site plan or development plan per Section 40. Approval of these Plans shall be within the authority of the City Council upon a recommendation by the Planning & Zoning Commission." SECTION 21. That Ordinance No. 480, as amended, is hereby amended by revising Section 42.4 to read as follows: "42.4 DETERMINATION OF BUFFERYARD REQUIREMENTS -The requirements herein shall apply to all new nonresidential, community service, multiple-family and two family construction and certain development adjacent to public rights-of-way as described in Table Two of this section. a. Changes in zoning: Any requests for changes in zoning to any district other than agricultural or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. b. Changes in ownership: Changes in ownership of properties without adequate bufferyards shall not require the installation of the required bufferyards. C. Existing buildings: Buildings in existence on the effective date of this ordinance may be considered nonconforming as to bufferyard requirements. The requirements herein shall apply to new construction necessary to replace a f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) nonconforming structure which has been destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction. New construction which increases the square footage of the existing building by thirty percent (30%) or greater or which exceeds 5000 square feet shall be required to meet the bufferyard requirements herein. d. Leased pad site developments: Pad site developments which are ground leases (as opposed to separate platted lots) and a part of a larger planned commercial center shall be required to provide bufferyards along the perimeter of the project, but shall not be required to provide bufferyards along lease lines common to the larger commercial center. e. Refer to Tables One, Two, or Three to determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the different bufferyards described in Illustration A, "Illustration of Bufferyards" attached to this section. f. In all tables the applicant should begin along the left column by determining the zoning of their tract and then horizontally matching the appropriate column corresponding to the zoning on the adjacent tract to determine the required bufferyard. The following is a summary of all bufferyards. Plant materials required are per 100 linear feet of property line. However, the width of approved drives crossing a bufferyard may be deducted from the length of the property line when calculating the required plantings. All bufferyards have the option of reducing the required plantings by twenty percent (20%) if the width of the bufferyard is doubled. f:\files\muni\slake\ordinanc\zoning.amd(114)4-93) 'i Canopy Accent Bufferyard Trees Trees Shrubs Width Note A 1 2 8 5' B 2 3 10 10, C 3 4 12 10, D 4 5 18 10, E 1 2 8 10, Hedge-H 1 F 1 3 6 8 10, Fence-F 1 F2 4 8 12 10, Fence-F2 g. Existing Plant Credits: Existing trees which are within fifty feet (50') of the property line and have a minimum of fifty percent (50%) of the drip line within a landscape area shall be granted credits toward reducing the required plantings as follows: Size of Tree Saved Canopy Accent 6" - 12" caliper = 2 or 3 12" caliper or greater = 3 or 4 Existing trees between 1 1/2" caliper and 6" caliper which are within the bufferyard may be granted credits on a 1 for 1 basis." SECTION 22. That Ordinance No. 480, as amended, is hereby amended by revising Section 42.7 to read as follows: "42.7 REQUIRED STRUCTURES a. Walls and Fences: Whenever a wall or fence is required within a bufferyard, it shall be six feet (6') in height and constructed in accordance with the specifications and designs set forth in Illustration B, "Illustration of Required Structures" attached to this section. A "finished" side of a wall or fence shall face the residential or less intense use. f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) b. Hedges - H1: A hedge of plants obtaining a mature height greater than three feet (3'). When planted, this hedge shall be a minimum of two feet (2') in height and planted no further apart than 30 inches (30") on center." C. Berms - Bl: A berm having a minimum height of three feet (3') and maximum 3:1 side slopes may be substituted for the hedge - H1 when adequate bufferyard width (minimum 20' width) is provided." SECTION 23. That Ordinance No. 480, as amended, is hereby amended by revising Section 42.9, Paragraph b, to read as follows: "b. Hedge/Berm Locations: Hedges and/or berms as required herein shall be placed adjacent to all parking areas along a public R.O.W.; however, in no instances will the required hedge/berm cover less than seventy-five percent (75%) of the length of the property line to be buffered." SECTION 24. That Ordinance No. 480, as amended, is hereby amended by revising Section 42.16 to read as follows: "42.16 ENFORCEMENT - All buffe ards shall be installed irrig ated gated and properly maintained prior to the issuance of a certificate of occupancy for new construction described in Section 42.4 of this ordinance. All other construction not required to install bufferyards prior to issuance of a certificate of occupancy shall not encroach into these areas with uses described in Section 42.10 of this ordinance. It shall be the responsibility of the Building Official to confirm the adequacy of the installed bufferyard." SECTION 25. That Section 42 of Ordinance No. 480, as amended, is hereby amended by adding a reference to HI or hedge to Illustrations A and B attached thereto. f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) rjE•13 SECTION 26. That Section 45 of Ordinance No. 480, as amended, is herebyamended b revising all Y g references to developmental site plan in Specific Use number 26 to read site plan. SECTION 27. That Appendix A of Ordinance No. 480, as amended, is hereby amended to reflect the changes adopted by this Ordinance. SECTION 28. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 29. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) y SECTION 30. 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 31. 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 or land use 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 32. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. f:\files\muni\slake\ordinanc\wning.amd(11-04-93) 16 SECTION 33. 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 days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 34. 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 FIRST READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) 07 O4 1 5 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1"4. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: f:\files\muni\slake\ordinanc\zoning.amd(11-04-93) SECTION 40 DEVELOPMENT PLANS AND SITE PLANS (As amended by Ordinance No. 480-C) 40 . 1 GENERAL - The following requirements set forth in this section shall govern the approval of all development plans or site plans required by this ordinance unless otherwise provided in this ordinance. 40 .2 APPLICATION - A written application for development plan or site plan approval shall be filed with the Administrative Official. on forms prepared by the City. The application shall be signed by the owner, lessee, developer or option holder of the property and shall be accompanied by (a) a reproducible drawing and copies as required by the Administrative Official; and (b) a copy of the plat where the proposed site is located. 40 . 3 DEVELOPMENT PLAN AND/OR SITE PLAN INFORMATION REQUIRED - For purposes of determining the exact information required on each plan, refer to the following chart summary of those districts requiring preparation of a development plan or site plan. Zoning District Name Section Symbol Residential P.U.D. Development Plan 30 . 8 RDP Non-Residential P.U.D. Development Plan 30 . 8 * NRDP "S-P-1" Detailed Site Plan District 31 .4 (SP1) Required on site plan for a building permit N/A (BP) Required in all plans N/A (All) * Requirements listed for NRDP do not apply to any single family portions of the PUD unless noted on the item. A Residential P.U.D. is a development proposal in which ninety percent (90%) or more of the development proposed consists of single family residential or duplex districts. All other P.U.D. development proposals not meeting the criteria of single family residential districts shall fall under the category of a non-residential development site plan. The following criteria is a comprehensive list of plan requirements. At the end of each criteria is a symbol corresponding to the symbols shown above for each of the referenced districts . If this symbol is shown then this criteria is required on the referenced plan in that district . a. Acceptable scale : 1"=20' , 1"=40' , 1"=100' or as approved. North arrow, graphic and written scale in close proximity. (All) b. Small scale location map shown. (All) le.-19 c . Title includes appropriate title (i .e . , "Site Plan" , "Development Plan" ) , name of development or platted lot and block designation, City, County and State, date of preparation. (All) d. Name and address of owner. (All) e. Name, address and phone of firm preparing the plan. (All) f . Metes and bounds labeled on property boundary. (All) g. R.O.W. on or adjacent to the site labeled and dimensioned, adjacent street widths shown. (All) h. Adjacent property labeled with owner' s name, existing zoning, land use map designation. (All) i . The width and type of proposed bufferyard must be labeled. (All) j . Designation of the location and size of all points of ingress/egress to the site. (All) k. All pedestrian walks, malls and open areas for use by tenants or the public. (All) 1 . The location, type and height of all walls, fences, and screening devices . (All) M. Site Data Summary Chart (by phase and in total) to include the following items : - Existing zoning of this tract and any proposed zoning. (All) - Gross acreage and net acreage of the project . (All) - Number of proposed lots . (RDP, NRDP including residential) - Residential density (RDP, NRDP including residential) - Percentage of site coverage . (NRDP, SP1, BP) - Anticipated schedule of development . (All except BP, SUP) - Parking and loading spaces required and provided. (NRDP, SP1, BP) - Area of open space. (All) - Open space as a percentage . (All) - Outside storage as a percentage . (All) n. Show the following related to existing or proposed buildings : 7E-m - Location, dimensions, maximum height, number of stories, use or uses contained therein, gross floor area. (All except RDP ) . - Square footage broken down by use. (SP1, BP) . - Entrances and exits to buildings . (BP, SP1) - Architectural renderings or elevations of the proposed structures, noting whether or not the facades meet the masonry ordinance requirements . (SP1, BP) - Distance between buildings and distance from building to property lines. (All, except RDP) o. Related to parking requirements : - Clear designation of all parking stalls intended for off-street parking and for off-street loading. (All, except RDP) - Dimensions of such parking and loading areas. (NRDP, SP1, BP) - Type of surface material . (BP, SP1) - Any intended lighting shown. (NRDP, SP1, BP) p. Front building lines shown. (All) Rear and side building lines shown. (NRDP, SP1, BP) . q. Location, size, height, type and orientation of signs, lighting luminaries and exterior auditory speakers. The applicant shall also provide representative renderings of the particular sign types, facings, material compositions and colors . (NRDP, SP1, BP) r. The location of all on-site facilities for liquid and solid waste temporary storage pending disposal or any proposed septic fields . (NRDP, SP1, BP) S . Location of all trash dumpsters . (NRDP, SP1, BP) t . The types of surfacing, such as paving (for example, asphalt, concrete, brick) , turfing or gravel, to be used at the various locations . ( NRDP, SP1, BP) U. Easements on or adjacent to the site labeled and dimensioned. (SP1, BP, RDP and NRDP if they impact the development) V. Nearest fire hydrant dimensioned to property corner and any proposed fire hydrants shown. (NRDP, SP1, BP) W. The fire lane width must be designated with all curb radii adjacent to the fire lane labeled. (BP, NRDP, SP1) rj .t-20 X. The proposed finished grade of the site, shown to contour intervals not exceeding two (2) feet . Spot elevations must be shown at all critical points, including but not limited to edges of pavement, curb returns, building corners, drainage paths, etc . Included must be directional flow arrows in all flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also show center line of water courses and existing drainage easements . (BP, SPi) Y. Note the benchmark used for the topographical information shown. This should correspond to a City approved benchmark. (BP, SP1) Z . A summary chart showing all proposed variances to the closest zoning district in which the proposed use (s) would be allowed. This should show the referenced zoning district, the existing requirements and the proposed variance. (RDP, NRDP including residential, SP1) aa. Intended category of uses labeled. (All) bb. Show any areas intended for outside storage and method of screening. (All, except RDP) 40 .4 REVIEW OF DEVELOPMENT PLAN AND SITE PLAN a. Unless otherwise provided in this ordinance, City Staff shall be responsible for the administrative approval of all site plans required by this section. b. All development plans shall be processed in accordance with Section 30 of this ordinance. C . In granting or denying an application for a development plan or a site plan approval, the City Staff, the Planning and Zoning Commission and the City Council, as appropriate, shall take into consideration the following factors : 1 . Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site . 2 . Safety from fire hazards, and measures of fire control . 3 . Protection of adjacent property from flood or water damage. 4 . Noise producing elements, and glare of vehicular and stationary lights and the effect of such lights on the established character of the neighborhood. k. 5 . Location, lighting and type of signs; relation of signs to traffic control and the adverse effect on adjacent properties. 6 . Street size and adequacy of pavement width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood. 7 . Adequacy of parking, as determined by requirements of this ordinance for off-street parking facilities; location of ingress/egress points for parking and off-street loading spaces; and protection of public health by all weather surfacing on all parking areas to control dust . 8 . Such other measures as will secure and protect public health, safety, morals and general welfare. 40 . 5 IMPROVEMENTS - All improvements to the land and all buildings and construction on the land shall be in accordance with the development plan or site plan approved in compliance with this section. 40 . 6 ADMINISTRATIVE ACTION - On approval of the development plan or site plan by the City Council, or the Administrative Staff, as appropriate, all necessary permits or certificates authorized thereby may be issued. a. Subsequent to such approval, minor changes may be authorized by the Administrative Official when such minor changes will not cause any of the following circumstances to occur: 1 . A change in the character of the development; 2 . An increase in the ratio of the gross floor areas in structures to the area of any lot; 3 . An increase in the intensity of use; 4 . A reduction in the originally approved separations between buildings; 5 . An increase in the problems of circulation, safety, and utilities; 6 . An increase in the external effects on adjacent property; 7 . A reduction in the originally approved setbacks from property lines; ?E-2z 8 . An increase in ground coverage by structures; 9 . A reduction in the ratio of off-street parking and loading space to gross floor area in the structures . 10 . A change in the subject, size, lighting, flashing animation or orientation of originally approved signs . b. Any proposed amendment to a development plan or site plan, previously approved by the Planning and Zoning Commission and the City Council, which in the opinion of the Administrative Official does not meet the criteria of sub-paragraph 40 . 6a above may only be approved by the City Council after a recommendation by the Planning and Zoning Commission in accordance with the same notice and hearing requirements for zoning changes as set forth in Section 46 of this ordinance. " 40 . 7 CONFLICT WITH OTHER REQUIREMENTS - If any conflict exists between the language contained herein regarding site plan requirements and any development plan or site plan ordinance of the City, the more specific requirements shall apply. rr►' City of Southlake,Texas M E M O R A N D U M December 29, 1993 TO: Curtis E. Hawk, City Manager FROM: Karen P. Gandy, Zoning Administrator SUBJECT: ZA 93-90 Rezoning and Concept Plan REQUESTED ACTION: Rezoning and Concept Plan request for Chapel Village, being 4.399 acres situated in the Hiram Granberry Survey, Abstract 581, Tract 1C. LOCATION: Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. OWNERS: E-Systems, Inc. - Pool Trust; David C. McMahan, Agent. CURRENT ZONING: "AG" Agricultural REQUESTED ZONING: 11C-2" Local Retail Commercial District. LAND USE CATEGORY: Medium Density Residential NO. NOTICES SENT: Eight (8) RESPONSES: Four written responses received in opposition within the 200' required notification area. (see attached) Twenty-Eight written responses received in opposition from outside the 200' required notification area. (see attached) P & Z ACTION: November 4, 1993; Approved (5-0) subject to the Revised Plan Review letter dated November 3, 1993 and recommended changing the zoning rernzest to "C-1" Neighborhood Commercial District instead of "C-2" Local Retail Commercial District. COUNCIL ACTION: November 16, 1993; Approved (6-0) applicant's request to table and to continue the public hearing until January 4, 1994. STAFF COMMENTS: The applicant has met all the review comments of the previous reviews. Please note however the attached third Plan Review Summary dated December 30, 1993 . Also please note the attached letter from the owner' s agent offering to deed restrict the property against certain "C-2" uses. Due to the opposition of 20% of the land area within 200' surrounding this request, a super-majority vote will be required to approve any request. KPG/gj C:\WPF\MEMO\CASES\CC93-90.Z&C r III PIMA _PROPERTIES Inc. fTn �[ ,, 1p DFC 1 71993 December 10, 1993 Ms. Karen Gandy Planning & Zoning City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 RE: Deed Restrictions NWC White's Chapel & Continental Southlake, Texas Dear Karen; As you are aware on this past November 16th we were on the Council agenda for zoning on the captioned property. At that time I made a statement that we would be willing to deed restrict the property against certain uses that are normally allowed under C-2 zoning. Subsequently, we have reviewed that zoning category as well as C-1 and the following are a list of uses which we will deed restrict from use on the property. I would appreciate it if you would have copies of this made and distributed to each member of the Council as well as anyone else who might have an interest in the zoning including any of the citizens opposing the zoning. The uses which we will deed restrict the property against are: 1) Washaterias (found in both C-1 and C-2) 2) Blueprinting or photostating. 3) Business Colleges or private schools for vocational training of office related careers, such as stenographers, executive secretaries, etc. 4) Christmas tree sales. 5) Cigar or tobacco stores. 6) Custom dress making or millinery shops. 7) Dog and Cat hospitals or small animal hospitals. 8) Duplicating service, printing, lithographing, mimeographing, multigraphing and offset printing. 9) Filling stations without convenience stores and restriction not to be able to change oil or grease or detail cleaning. 10) Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 11) Grocery stores and meat markets without size limitations. 12) Blood banks; ambulance dispatch stations, stores and display rooms for the sale and rental and medical supplies and equipment. 5655 Lindero Canyon Road Suit(- - ke Village. California 91362 818 /889-04 3-3458 5215 N O' Connor Si g. Texas 75039 ?14 444-83, 4-Rg4F � r t 13) Radio and television sales and servicing. 14) Tires, batteries and automobile accessory sales. 15) Variety stores. If there are any questions as to our intent or if I have not been sufficiently clear please do not hesitate to call. Thank you for your attention to this matter. Sincerely, X---"A-41 David C. McMahan Executive Vice President yIISORI + r■A/ 1' Sol •�A VW ;,i �i♦/�1111/■1�1��1��/; ■■�■■�1111��11/��;?��+r� WAVE NJ I INE 9 PIP loom WN EYE&' 00 I WIN NEW ,,��j�♦�♦� ��.�r �%► �,,. !tom � ■��%�� -_ ©_ _ �©illVA ��- ,.■■■I� ��i�k■ OF im '� �� _�r��i SIB- _��/i� �■■rr� � Rog III ■ ■ - ■ w Ir � i f�@ N ~ N w $ m .. I ¢N oc9, u a¢ x ¢ `\ r- / O LO c w � 099 J m Q r R am Q Q O ¢N L)-t ICE cc Z R ~ W @i w Q z m O x N N �. ¢ m R o N N <N V O. u J V r Q Q < Q m a: O = 6 Q Q N F w N m a: m N ro,� liIo IIVHl r m MO w A. N o r 0 C ccN N m m o o< ma: m Q o �I ¢N I xo Ncc m arz Y'• zn^ < r1 tot .-i u J o _ V f� I to - m c' ocn N v ¢M< av N ¢ Q i o J cr z m o u.) o N ¢ F y c Uj Lp IN z V I �• �w o U i U VI Cu w < > m o x o ^ o " O cc N v! R O En a J O x o R Q U e Q ¢ N m w IN < t m o r � m cc N O 4pQ\p/.. � a n m m � Q u ¢ m :, rn Q Z) z cc o m m o F/ rIj J. u OS N019NIX31 ■ i0 MINIMUM sita■■■■■■■■■■■■MI ■EMEMEGEG� , EMEMEME� ■MEMM■ME SOMEONE■ / ■■■■EMEMI ■■■■■■ME■■■■I ■■■■■■■O� ■■■■■■■��\■/ A v , i • qpL i 1 AL r � City of Southlake,Texas CONCEPT PLAN REVIEW SUMMARY CASE NO: ZA 93-90 REVIEW NO: THREE DATE OF REVIEW: 12/30/93 PROJECT NAME: Rezoning & Concept Plan for C-2 Zoning Request for Chapel Village being 4 .399 Acres situated in the Hiram Granberry Survey Abstract No. 581, Tract 1C OWNER/APPLICANT: ENGINEER/PLANNER/ARCHITECT: E-Systems, Inc. Pool Trust J. E. Levitt Engineers, Inc. 6250 LBJ Freeway 726 Commerce Street, Suite 104 Dallas, Texas 75266-0248 _ Southlake, Texas 76092 PHONE: PHONE: (817) 488-3313 FAX: FAX: (817) 488-3315 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PLANS RECEIVED BY THE CITY ON 12/28/93 AND WE OFFER THE FOLLOWING STIPULATIONS. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KAREN GANDY AT (817) 481-5581, EXT. 743 . * We find the applicant has met all the requirements of our previous reviews. * To be in compliance with the Masonry Ordinance No. 557, all development within the 11C-2" district requires eighty percent (80%) masonry or glass construction for all exterior walls. * The construction of the road to the west will be determined with the commercial developer' s agreement prior to beginning of construction. * Although parking appears adequate as shown, the final parking requirement will be determined upon submittal of the site plan based on a summary of square footage by use. It is noted that no handicapped parking spaces have been provided and handicapped parking spaces must meet state and federal requirements prior to issuance of a building permit . * The applicant should be aware that prior to issuance of a building permit, a site plan, landscape plan, and irrigation plan along with the 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. * Preliminary review of the interior landscaping requirement for this site indicates the following breakdown of plantings: Canopy Accent Ground Trees Trees Shrubs Cover Area req' d = 10 , 000 s . f . * 17 33 167 1, 000 s . f * Of this total, 1, 170 s. f . must be in the parking area. ' City of Southlake,Texas * All signs and culverts must be permitted separately. * Denotes Informational Comment cc: E-Systems, Inc. Pool Trust David C. McMahan, Agent J E L Engineers, Inc. 8 A-� c:\wpf\rev\93-90.Z&C 0450 v --�—___ �� • ...mu��]st[l:r li:nJ.N30 'IIV.CItli `1 � ON JL 'I, �1I0 P .� a LeNNbeN ONWeN Y YO.. NtiA l..b.ONM q e p "'•a__ ■■ _— a aaa. a-�sazM�sata+.s»ae.Y�sassr�a�z-�_ L: h MI1 WIN s n ° 0 p • N _ } !it V . O R 1 1 « IM 1 � �- ��+sa M--ini- -- E�ld�► � ..��R 1 _HILW_I -I.-If) � 1 � 1 Srm-m-1 ' m- 1 , Ill MM MnanevMll.H y t �Mtt< r r CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-99 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 APPROXIMATELY A 4 . 399 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT 581, TRACT 1C , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO 11C-2" LOCAL RETAIL COMMERCIAL 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 "AG" Agricultural 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 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 C:\ORD\ZONING\480.99 �� Page 1 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 and amended as shown and described below: Being approximately a 4 . 399 acre tract of land out of the Hiram Granberry Survey, Abstract 581, Tract 1C, and more fully and completely described in Exhibit "A, " attached hereto and incorporated herein. From "AG" Agricultural to "C-2" Local Retail Commercial District . C:\ORD\ZONING\480.99 Page 2 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 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 C:\ORD\ZONING\480.99 Page 3 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 day of 1994 . MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994 . MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED• EFFECTIVE: C:\ORD\ZONING\480.99 303 Page 4 EXHIBIT "A" All that certain lot, tract or parcel of land in the H. GRANDBERRY SURVEY, Abstract 581 , located in Southlake, Tarrant County, Texas, being a portion of that certain 5.732 acre tract conveyed to TRUSTEES, E-SYSTEMS, INC. POOL TRUST, by deed recorded in Volume 8205, Page 2119 , Deed Records, Tarrant County, Texas (D.R. , T.Co. , Tx. ) , and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pin found for the most westerly Northwest corner of that certain 0.806 acre R.O.W. Dedication for Continental Blvd. to the city of Southlake, Texas, recorded' in Volume 10599, Page 1068, D.R. , T.Co. , Tx. , said point of beginning being further described as being in the East line of that certain property conveyed to Lannie Joe Roach, by deed recorded in Volume 6783, Page 2148, D.R. , T.Co. , Tx. , and being 0-7/10 foot West of an existing fence corner; THENCE departing said dedicated ¢ontinental Blvd,_ right-of-way (R/W) along or near a fence and -with a line common to said East line of Roach property and West line of this tract, North 01 degree 16 minutes 29 seconds East 374-90/100 feet to a 3/4 inch iron pin found near a fence corner in the South line of that certain property conveyed to Vernis Fulmer by deed recorded in Volume 4638, Page 607, D.R. , T.Co. , Tx. , for the common Northeast corner of aforesaid Roach property and Northwest corner of this tract; THENCE departing said Roach property and with a line common to said Fulmer property and North line of this tract along or near a fence, South 88 degrees 33 minutes 34 seconds East 561-47/100 feet to a 5/8 inch iron pin found near a fence corner in the South line of ! said Fulmer property for the common Northeast corner of this tract' and most northerly Northwest corner of that aforesaid 0.806 acre tract R.O.W. Dedication for White Chapel Road, recorded in Volumed 10599, Page 1068, D.R. , T.Co. , Tx. ; THENCE departing said Fulmer tract and along or near the fenced West and North lines of said R.O.W. Dedication, the following: Southwesterly with the arc of a curve to the right, having a radius of 633-00/100 feet, a distance of 313-03/100 feet to a 5/8 inch iron pin found at the end of said curve (long chord bears South 17 degrees 54 minutes 17 seconds West 306-55/100 feet) , South 34 degrees 43 minutes 45 seconds West 86-08/100 feet to a 5/8 inch iron pin found at the intersection of the dedicated West line of White Chapel Road with the dedicated North line of Continental Blvd. , and North 89 degrees 30 minutes 29 -seconds West 425-75/100 feet to the place of beginning and containing some 4-399/1000 acres of land or 191 , 625 square feet. C:\ORD\ZONING\480.99 Page 5 !!! THE FOLLOWING ARE COMMENTS FROM CITIZENS WITHIN 200 FEET OF THE PROPOSED DEVELOPMENT CITY OF SOUTHLAKE NOTICE TO INTERES'T'ED PROPERTY OWNERS REFERENCE NO. : ZA 93-90 Dear Property Owner: An application for an amendment to the Zoning Ordinance and Map and a Concept Plan has been filed with the City Planning and Zoning Commission. The application is for the property described as: 4 .399 acres situated in the Hiram Granberry Survey Abstract 581 Tract_ 1C. The Property is located on the Northwest corner of the intersection of South White Chapel Blvd and West Continental Blvd The owner of the property is E-Systems , Inc. - Pool Trust; David C. McMahan, Agent . The current zoning is 11AG" Agricultural : the requested zoning is 11C-2" Local Retail Commercial District The attached concept plan will be reviewed with the rezoning application. A public hearing will be held by the City Planning and Zoning Commission on November 4 , 1993 at 7 : 30 p.m. in the City Council Chambers at City Hall . At this time, you may submit your views on the matter in person, by writing, or by representative. If you know of any interested property owner who for any reason has not received a copy of this letter, it would be greatly appreciated if you would inform them of the time and place of this hearing. Very truly yours, ' Planning and Zoning Commission City of Southlake, Texas (CUT HERE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 I am (in favor of) (opposed to; undecided about) the request for the following reaso 2 7 1993 1 ,a �d1T� `-�,� SIGNATURE: ADDRESS : LNOVn21993 November 18, 1993 Attn: Karen Gandy Planning Administrator 667 No. Carroll Ave. Southlake, TX 76092 RE: ORDINANCE* 480-99 ZONING CASE* ZA93-90 AG TO C-1 OR C-2 Dear Ms. Gandy: Enclosed are the following facts related to the above mentioned ordinance as I understand them. (iw (1 ) Request was recommended by the planning and zoning commission for C-1 zoning. (2) About thirty people were present at the Tuesday, November 16th city council's meeting from the Montecello sub-division, ready to object. (3) The city council tabled the action until their next scheduled meeting. As the owner of the property at 120 E. Continental Blvd. in Southlake I would like to state my objections to the proposed change in zoning to C-1 or C-2 for 4.399 acre tract. (1) I was never notified of the proposed zoning change on this parcel even though my land lies within 200 feet of the subject project. (2) 1 find little need or demand for any additional commercial sites on the corners of South White Chapel Blvd. and West Continental Blvd. with the number of commercial sites that are currently available along Highway 1709 which lies approximately one mile to the north. (3) 1 believe that if the change in zoning is granted, it will result in increased traffic and noise in an area that is solely residential. FIMBERG & WILLIAMS L . P . 9777 WILSHIRE BOULEVARD, SUITE 710 - BEVERLY HILLS, CALIFORNIA 90212 - PHONE: 310.278.2434 - FAX: 310.278.4711 Ms. Karen Gandy November 18, 1993 Page Two (4) 1 am concerned that the existing streets, while being sufficient to support projected increased residential traffic in the area, may not be sufficient to support increased commercial use as well. (5) Generally, I find areas where commercial properties exist look trashier and the owners have less pride of ownership than those where only residential communities exist. (6) Lights from the parking lots from the commercial properties, especially at night, would tend to destroy the residential environment created by the subdivisions that are now in place and those being planned for this area. (7) Introduction of an additional commercial zoning area may leave the area more susceptible to crime, especially towards the rear of the proposed shopping center. It is for all the above reasons that I strongly object to the proposed zoning change from AG to C-1 or C-2. Very truly yours, Ralph V. Williams RW:sr zngobjt HAMM & ASSOCIATES DEC 211993 I COMMERCIAL REAL ESTATE DIIELOPME N T I t • - - -- - --- - - I _L _ 7 1 L 5125 DAVIS BLVD FORT WORTH, TEXAS 76118 (817)656-4354 December 21, 1993 Ms . Karen Gandy CERTIFIED MAIL City of Southlake RETURN RECEIPT REQUESTED 667 N. Carroll Ave . Southlake, TX 76092 Re : Zoning Change for Northwest Corner of Continental at White Chapel Dear Ms . Gandy: This letter is evidence of another change in our position in the commercial zoning change for the above referenced property. We now oppose the commercial zoning as currently proposed for the site . After a recent telephone conversation with the city, we learned that the City of Southlake has "Site Plan Zoning" available (SP1 & SP2) . We also learned that promises or conditions added to the zoning case are not enforceable . We have been trying to find some middle ground that would allow the development of at least a part of the subject tract for commercial use but would adequately protect the quality of life of the future homeowners of Princeton Park. We have requested, through E-Systems, a meeting with the developer to discuss the issue and seek a solution. As an indication of good faith to the developer and to give the developer time to modify his plans, we rescinded our original letter. To date, we have not been contacted by the developer and we must conclude that his intent is to pursue the zoning without regard to the damage he may cause to Princeton Park. Therefore, we have no alternative but to again officially notify you of our opposition to the zoning requested. We respectfully submit that any use of the tract, other than single family, should be done under the Site Plan Zoning Ordinance . Sincere , Derek A. D Guire President DAD : jg Ofi-t ! 7L__` Fl1993 SUNNYBROOK PROPERTIES, INC � ! 5125 DAVIS BLVD. FORT WORTH, TEXAS 76180 December 14, 1993 Ms . Karen Gandy CERTIFIED MAIL City of Southlake RETURN RECEIPT REQUESTED 667 N. Carroll Ave . Southlake, TX 76092 Re : Zoning Change for Northwest Corner of Continental at White Chapel Dear Ms . Gandy: This letter is to evidence our withdrawal of our previous official letter of opposition to the zoning request of E-Systems to re-zone the northwest corner of White Chapel and Continental . We have made this withdrawal after consulting with Mr. Dale Hill and (W Mr. Bill Strange of E-Systems Pool Trust . Our withdrawal of opposition does not diminish our desire to adequately buffer and protect the future residents of Princeton Park. We respectfully request that the developer voluntarily provide, at a minimum, a six foot (61 ) brick fence to match Princeton Park' s fence, and a twenty-five foot (251 ) landscaped greenbelt to provide a reasonable buffer to the commercial uses proposed. Since ,e y, Derek A. eGuire President Sunnybrook Properties, Inc . DAD jg 8��,a SUNNYBROOK PROPERTIES, INC. 5125 DAVIS BLVD. FORT WORTH, TEXAS 76180 December 6, 1993 City Council CERTIFIED MAIL City of Southlake RETURN RECEIPT REQUESTED 667 N. Carroll Ave . Southlake, TX 76092 Re : Zoning Change for Northwest Corner of Continental at White Ciiapei Gentlemen: Sunnybrook Properties, Inc . is the owner of the Princeton Park subdivision that adjoins the subject zoning request . Please consider this letter as notice of our opposition to the zoning as presently requested. We believe that zoning requested will adversely affect the adjoining residential properties and the future residents of the area. It is our belief that the buffer area should be at least 35' of landscaped area that includes a berm of at least 3 feet in height and a brick fence to match the Princeton Park fence to be installed along White Chapel . Secondly, we believe the commercial area should be limited to two (2) acres and be changed to Cl usage for the service area. The remainder of the tract should be zoned residential or garden offices . Should the developer agree to this or similar changes, we will withdraw our opposition. Our intent is to work with the developer and the city, but to also insure that the future interest of the homeowner' s of Princeton Park are protected. This is a wonderful upscale area that deserves careful detailed planning. Sincerely, pe-4 D4, D .'A. DeGuire President Sunnybrook Properties, Inc . DAD : jg cc : Patti Saunders SO 191 DEC .0 91993 3 _ t The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 I am (in favor of) opposed t (undecided about) the request for the following reasons : �. _:.. SIGNATURE: ✓ �'� ' ADDRESS: v�r�I✓i � -J cJf /l o C� I 3 The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North Carroll Avenue, Southlake, Texas 76092 . �2 REFERENCE NO. : ZA 93-90 I am (in favor of) � (op op sedot (undecided about) the request for the following reasons : �7 DEC 2071993 '7l.L . SIGNATURE: ADDRESS : //0� �/l�orr✓ SOcc /a��,l�l7�, of•2 t 8R JA THE FOLLOWING ARE COMMENTS FROM CITIZENS WHO ARE NOT WITHIN 200 FEET OF THE PORPOSED DEVELOPMENT ��a3 } i The following form may be f illed out and mailed to th Crby £'�..li_i Southlake CITY COUNCIL 667 North Carro ifen`ue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 � ! am (in favor of) (opposed to) ndecided about) the request =or the following reason / /�d—,IC .:.42-4� �et.c.e,a_.•�...� a�( �1�.c� Q�.�e-a�. c1..a.�.�c. .�.�j�ic..y aarcc�,- da-.cSt,ca.e.c_,v.,c.,t V� C-t� ol.,� u•c.�Cam. �/,cz,�._L. 4) -,�.u�.. SIGNATURE: E s-Yt,�.✓ �. /yt Gcc.� ADDRESS: -n'69.2 The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. ZA am (in favor of) (�ns.-. d ) (undecided about) the request .or the following reaii ____- M27 SIGNATURE: 1 ADDRESS: The following form may be filled out and mailed to the City of Southlake Planning and Zoning Commission, 667 North CarLNOV Yd "; Southlake, Texas 76092 .REFERENCE NO. : ZA 93-90 I am (in favor of) (opposed to) (undecided about) eft for the following reasons ; there is sufficient commercial zoning in Monticello to service local residents, C-2 zoning allows dog & cat hospitals(an indoor kennel that will be a continual nuisance to residences to the north, C-2 allows auto relafed businesses which eventuallyevolve to garages with autos in dis-repair outside- requiring continual code enforcement & eyesore SIGNATURE: �, c!& 61 ADDRESS : �i � J U/I i �oucniaxe CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93=90 am (in favor of) opposed to (undecided about) the request !or the following reaso : A( t—' I'mr, 0 ) C_ aool �7 SIGNATURE: ADDRESS: �vu .aatalCa, -1-C7CAB /bNy'L. 'EFERENCE NO. : ZA 93=90 am (in favor of) opposed to) (undecided about) the request !or the following reason Ut JL.J_�.!=LL X,_2rn • � (1 1-i..4. r.r G� U SIGNATURE: � -L ADDRESS: am (in favor of) (opposed to) (undecided about) the request -or the following reas pci�y_ c.Q .gin <AAMI�j al!�" t� SIGNATUR . CL ADDRESS : rr r; �'!-G ; 2 11993 M 4- , The following form may be filled out and mailed to the City of ^outhlake CITY COUNCIL 667 North Carroll Avenue, aouthlake, Texas 76092 . REFERENCE NO. : ZA 9 3-9 0 (in favor of) (opposed to) (undecided about) � the fequest C,.r the following reasons: yaw -t u S n coM encc� Corer en �. --V69*1 SIGNATURE: •. ADDRESS:VAIL- Vtkat�- C6� 4�f 3 �.� 3 — — — — — — — — — — — — — — — — — — — - _ 'Wc The following form may be filled out and mailed to the City of 3outhlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am (in favor of x opposed to) (undecided about) the request -or the following real n : l��v W 0 \3_ a W_-A�':Oz j �p 1 4� �0- SIGNA ADDRESS: O � �� -� 1 \ The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 3- 0 am (in favor of)(::: o osed to) undecided about) the request r the f llowing reasons:-"`— L� r ✓, (VI Y 6" 2= ADDRESS : ODE The following form may Southlake CITY COUNCIL y be filled out and mailed to the City of Southlake, Texas 76092. 667 North Carroll Avenue, REFERENCE NO. : Za 9- am (in favor of) posed / or the following reasons: . (u rdecided about) the request —Co'- A- c^a rz e% / Se,u•s/J C Ot a., S�rriti»d M.trdf..f, L 4 Co•.ti.,,c•c�. .Sff _ ' SIGNATURE: ADDRESS: � ? � S:/(.t� � c! C /� L - - - - - - - - - - - - - - - - - Me following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 3-90 3 am (in favor of) opposed to) (undecided about) � the request - =for tYie following rea We-- prefer that commercial zoning to be on 1709 or 114 because of increased traffic , all-night lighting , and attraction of outside undesirable elements . NATURE: C= - �a -3D 1 — '— — — — — — — — — — — — — — — — — — — — — — — — — — — . . ............... ,ne,,...,,.,,,.i�37 The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am ( et ) (opposed to) §4Wj ") ' the request =or the ollowing reasons: Besides inadequate streets, increased traffic, etc. , this development in is location will e a blight on SouthlaKe. we purchased our Koffie with the understanding that the surrounding arexwould be agricultural (as zone or residential . Tftis development will ecrease tne value 6f our home and the others surrounding it. To destroy this area is a violation of your response l i y. . we are very strongly opposed to ZA 93-90. SIGNATURE: ADDRESS: 5022 Saint James Court, Southlake, Texas 76092 (W The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 9_ 3-90 am (in favor of) (opposed to) (undecided about) the request -or the following reasons: AAWO SIGNATURE: ADDRESS: SD LW �� 31 -.,slowing form may be filled out and mailed to the City of 1outhlake CITY COUNCIL 667 North Carroll Avenue, F?' Southlake, Texas 76092. REFERENCE NO. : ZA 93-90 €j i am (in favor of) opposed to) (undecided about) l the request ?` .or the following reasons: ATURE o ESS: 60 ftd &AffU - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA .3-90 am (in favor of) (opposed to) (undecided about) lthe request .or the following reaso . SIGNATURE: ADDRESS: The following form may be filled out and mailed to the City of � Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA9 3- am (in favor of) (opposed to) (undecided about) the request -or the following r ons: rn `-SIGNATURE: o1 -��ADDRESS: 4M. 6t O&M_ The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am (in favor of) (opposed to) (undecided about) ' the request - r the following rea 1 o�,k cc kc. PPw PG�T! (S Cc—'se sc C�vo J a-� /-7- g ,� SIGNATURE: a,�. ¢rr r>t,ccJ c1�LtiUvN 'ADDRESS: r�� 33 The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 3- 0 (in favor of) (o pposed to) (undecided about) : the request or`the following real s: 00, c�J T " SIGNATURE: ADDRESS: The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll +,venue, Southlake, Texas 76092 . REFERENCE NO. : ZA 3-90 am (in favor of) (opposed to) (undecided about) the request .or the following rea W o,4 Inet t-^2 f ukr-& Q�v� r mn w•+o,.,.J� i --- -`a, GNATURE: DRESS : Amo S�ttL woe�_ CGw�- Sou,*U1ake, TSc " -7 6 a-L,- gll 14g(- 16S-1 31f The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am ( ' ) (opposed to) ( the request =or the following reasons: (� �-- ♦ C L C 10 C- IL `♦ SG t i'C CLn CZ 7 SIGNATURE: z'L L ADDRESS : 14-0 The following form may be filled out and mailed to the City of 667 North Carroll Avenue, ;�---- L uthlake, Texas 76092 . r M~i RFERENCE No. : ZA 3- 0 , am (in favor of) o osed to) (undecided about) the request o dr the following reasons� 11 ` �.�i•ev� �+•c��- o�. �.oU+♦W.�c�.a c,Q c�eQ�pv..aN--} o� �*U� . SIGNATURE: c�GJl�ili.,s dye cem �^ ADDRESS : /310 �P�� /�zc. � G r. SUc ��IL Wa_ �3tJ 35 The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 3_ 0 I am ( ' ) (opposed to) -or the following reasons: ) the request 7le Pr, /1Gv CaYals� Wlnt�✓C� GhG'� v� �a ram'' s can r SIGNATURE: ADDRESS: Me following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 3- 0 am ) opposed to the request T -or the following reaso Re i *Xt G�-2c-F�,�;�,�y. K f- -P �3 c4 r�tS f'5 ytU Po )\ �iMA / EU E-S �t.�l U ALi,« tiU rat, : �C Q'OfZ fj)lj G� . ;SIGNATURE: ADDRESS : r (CUT HERE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of ' Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . Y�y REFERENCE NO. ZA am (in favor of) (opposed to (undecided about) ' the request -or the following reasons: -- 9 SIGNATURE: .ADDRESS : The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am (in favor of) opposed t� (undecided about) the request .or the following reason /)A- ,l 4--2-. 1707 /Q4,+ F at,t :tits SIGNATURE: ADDRESS : November 16, 1993 Planning & Zoning Commission Attn. : Karen Gandy City Hall 667 N. Carroll Southlake, Texas 76092 Dear Ms Gandy, Upon speaking with you by phone today I decided that I wanted to bring this letter to your attention to be on file for the City Council ' s consideration tonight in regard to the property on the Northwest corner of Continental and White' s Chapel Rd. in Southlake . I am very much opposed to the commercial zoning on that corner. The City Council has obviously given prior approval to a commercial zoning across on the Southeast side as a sign has been up since we purchased our home in Timarron for a six acre commercial development. We did not buy on Bent Trail Drive and we had seen a house we liked because of the commercial development being a possibility in the future. I wonder how many people will want to be adjacent to a development in the newly developing areas across and beside this area being considered for re-zoning. The four way stop at that corner can be very congested already during the day and especially at school dismissal time. Adding a shopping center across that corner will in my opinion add a dangerous traffic situation. We have experienced as well when more and more cement is laid and a large rain storm or continuing rain arrives . We know how homes can be flooded. Our area in Tulsa Oklahoma had to have 12 homes taken out because they had two "100" year rains within four years and had several homes severely flooded. I hope as all of this beautiful ranch land is developed that someone is taking the drainage into careful consideration as all of us have a lot invested here . We bought here because we like the country feel and didn' t realize we were going to lose it before we had been in our house a year. It was not good news to me to hear that a "Master Plan" calls for a four lane road in the area I am addressing. Talk about losing the country feel . I feel very sorry for the people who live along 1709 and now have the road in their back yard. To me a "Master Plan" also includes how people have chosen to live. If you continue to allow commercial zoning on every corner of every development and thus cause more traffic and thus need wider and more roadways that is not how I want to live. The President of our development corporation at Timarron ask me V.33 in August how I found the shopping and I answered we have enough! That will continue to be the way I feel . We moved to Connecticut 20 years ago from Tulsa and complained at first that we had to drive two miles to get a loaf of bread. Believe me, it did not take long to appreciate why the zoning laws were so much stricter. We learned quickly the joy of retaining a country feel and being far away from the congestion of shopping and traffic. And, of course, then several of our neighborhood friends were flooded out completely in our Tulsa neighborhood due to another shopping center being built and no place for water to go during heavy rains and we felt lucky to have missed that by moving. I could go on and on with reasons of safety and appearance, etc. but I have already taken too much of your time. Thank you for any consideration you can give my opinion in this matter. Sincerely, eT Carol A. Hatch 1685 Bent Creek Drive Southlake, Texas 76092 8 "j� �ii0 � � 1, _----- DEC20 � ) KERRY &FORDERSASE L_ 1701 River Run,Suite 900 0 : r Fort worth'Texas 76107 i.:•�AG:.t 817-870-2324 December 16, 1993 Mr. Gary Fickes Mayor, City of Southlake S� 155 South Kimball Avenue Southlake, Texas 76092 Dear Mayor Fickes: It is my privilege to represent the Coalition of Neighborhoods who are in opposition to the effort to re-zone four-plus acres of land situated at White Chapel and Continental Avenue. In - reading over the background material and particularly the minutes, I note that reference is made to a public meeting on January 4th and another public meeting on January 18th. The minutes would seem to indicate that it was your plan that the applicant be permitted once again to present his position in support of the application for re- zoning at the January 4th meeting. It was my further understanding that the Council would not at that time entertain public comment from those who oppose the same. I visited with your City Attorney who in turn spoke with someone in your Zoning Section who advised that this was, in fact, the plan and a vote would be taken both on January 4th and January 18th. It is my further understanding that the vote on January 18th would be determinative. As you probably know by now, there is very strong and wide-based opposition to the invasion of the commercial property within the exclusively residential neighborhood. The Coalition of Neighborhoods who oppose the re-zoning are concerned, as I am, in the applicant being permitted to make his presentation with a vote following that before the Council hears or entertains the public comment to the contrary. My concern is that some Council members who, having heard only one side of the story, might be inclined to favor the re-zoning. Then, assuming as I understand it, we would be permitted to voice our objections on January 18th at a public hearing, those who voted in favor of the Y• l Y..L change might be somewhat reluctant to alter their position, having once taken a stand. I am respectfully requesting you to consider deferring any vote until both sides have been fully heard and their positions clearly stated and outlined. Inasmuch as the first vote would be academic anyway, this seems to permit a level playing field and equity to all involved. I would very much appreciate your considering this request favorably. Very truly yours, KERRY DE E Henry E.Ir ,`Attorne for Coalitio of Neighbor ods HEK:db cc: City Manager Curtis E. Hawk Ms. Patti Saunders Mr. Gary Harget Mr. Dee Perkins Mr. Joe Smith o F ,.. Reader quest* ions plans for strip mall p ma in Southlake Editor: places to live in the Dallas/Fort Wort ° h Metr - i opportunity can be realized if beau Many homeowners in Southlake should be aware ful neighborhoods, mixed with an abundancetof by now that there is proposed commercial devel- acreage for horses, are saved from service sta- opment at the intersection of White Chapel and tions and strip malls at every intersection. Continental boulevards. The real issue behind this question is how will Southlake continue to be In time, Highway 114 will be (and probably developed?Should not there be a master develop- should be) totally developed commercially. On ment plan for our City Council to follow? certain stretches of Southlake Boulevard, there is ample room for commercial development.South- It is a given that whenever the value of one lake can become not just attractive but uniquely person's property is increased,the value of every- beautiful and very desirable as a bedroom com- one's property living in Southlake is enhanced. munity if we succeed in controlling unwanted Likewise, anything that detracts from the value commercial developments. of one person's property also diminishes the value Lowering the tax base is often used as a city s of everyone's property living in Southlake. explanation for being pro-commercial. This is It is the overall desirability of the community unacceptable in cases of spot zoning in purely that gives value to the property of individual residential neighborhoods and will result in property owners.Land values in Southlake have lowered property values and, thereby, real es- ` skyrocketed, but not from the addition of new tate taxes collected. service stations or from any new commercial How many commercial strips does an area establishments. The land values have increased need?Nine-tenths of a mile up White Chapel is from the quality of the neighborhoods that have the new Food Lion shopping strip and Texaco been constructed. gas station. If the local residents feel that is sufficient,is it not so? When has anyone ever seen or heard of any This is an invitation to all Southlake's resi- neighborhood beingdescribed as desirable by the dents to join our Coalition of Southlake Neigh- presence of?good service stations" or attractive borhoods. With the support of all homeowners, strip malls. If the homeowners in Timarron, we will gain sufficient political clout to have a Monticello and from nearby properties feel that major voice in how future development takes commercial development at the intersection of place. Today, we seek your support in prevent- White Chapel and Continental boulevards de- ing any commercial development at the north- tracts from the overall beauty of the neighbor- west corner of White Chapel and Continental hood, then is it not logical to assume that the boulevards.Tomorrow,we will support you should public at-large would arrive at the same conclu- a petition for zoning change in your neighbor- sion. hood threaten your property and your way of If the public at-large (from whose perceptions life. property values come)thinks commercial devel- The people have voiced their opposition. We opment at White Chapel and Continental de- encourage everyone to turn out for the city tracts from the beauty of the neighborhood,then council meetingJan.4 to see how responsive our has not the value of everyone's property in South- city council is to the wishes of their constituents. lake been somewhat diminished? Is it not the fiduciary responsibility of our City Council to For more information,please contactJoe Smith uphold and fight for the general well-being and at 329-9011 or Patti Saunders at 481-3709. quality of life for citizens of Southlake. Patty Saunders Southlake, as a community, has a unique op- Coalition of portunity to develop as one of the most desirable Southlake Neighborhoods �� '7� City of Southlake,Texas M E M O R A N D U M December 29, 1993 TO: Curtis E. Hawk, City Manager FROM: Billy Campbell, Director, Department of Public Safety SUBJECT: Weed Lien Ordinance Attached is the proposed Weed Lien Ordinance for Council consideration. Rather than amend the ordinance, we have rewritten Ordinance No. 536 to include the substantive differences between the existing ordinance and the proposed ordinance . The majority of these differences are to bring our current ordinance in line with permissible State guidelines . The differences are as follows : Section 5, No. 3 - clarifies the written notice stating that the City may send only one notice for a similar violation, allowing the City to act upon that violation any time during the 12 month period of the original notice. Thus, further allowing the City to take action as permitted in Section 6 when the City has not been informed of an ownership change. Section 6 - outlines the duties and details of the City to place privilege liens on lot or lots of which City expenses have incurred and adding interest on those expenses . Section 7 - the addition of the sentence stating that one notice per year is sufficient for the City, and describing the complaint filed in Municipal Court . All other sections are as originally stated in the current ordinance . I am available for any questions or comments that you might have. BC/mr Attachment wp\Memo\WedLien2.Ord /la -i ORDINANCE NO. AN ORDINANCE PROVIDING FOR REQUIREMENTS FOR THE MOWING OF GRASS, WEEDS AND VEGETATION AND THE REMOVAL OF RUBBISH, BRUSH OR ANY OTHER OBJECTIONAL, UNSIGHTLY OR UNSANITARY MATTER FROM LOTS; PROVIDING NOTICE AND ABATEMENT PROCEDURES; 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 Local Government Code; and WHEREAS, the City of Southlake has heretofore adopted ordinances and regulations prohibiting the growth of grass, weeds and other vegetation in an uncultivated manner and the accumulation of rubbish, brush or any other objectionable, unsightly and unsanitary matter within the City of Southlake; and WHEREAS, the City of Southlake now deems it necessary to amend the regulations applicable to said conditions and to provide different methods for the giving of notice to person who are found to be in violation of the above ordinances and procedures for the abatement of said violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLARE, TEXAS: SECTION 1. DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual . f:%files%i ni\el.ake%ordinance ed2amd.rl Y5 For purposes of this ordinance, the word "RUBBISH" shall mean both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrubbery, grass clippings, brush, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, old iceboxes, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, junk, trash, refuse, and other worn-out, wrecked or dismantled machinery, tractors, automobiles, and other similar wastes. SECTION 2 . It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, or allow or permit any rubbish, brush or any other objectionable, unsightly or unsanitary matter to accumulate or be present upon such property. Provided, however, for tracts of land ft\files\muni\slake\ordinanc\vemi2 and_rl tk a --3 in excess of five (5) acres upon which livestock graze it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right- of-way adjacent to the rear lot line of a lot zoned and used as single family residential. SECTION 3. It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass, weeds, rubbish, brush or any other objectionable, unsightly or unsanitary matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street, as often as may be necessary to comply with the provisions of this Ordinance. SECTION 4. All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable, unsightly, and unsanitary, and is hereby declared a public nuisance. f:\files\nuni\slake\ordinanc\veed2amd_rl SECTION 5. In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city fails or refuses to comply with the provisions of this ordinance, it shall be the duty of the city to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice shall be given: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's post office address; or 3 If personal se rvice cam,.:::::;: .�e> s a} . (a) By publication at least twice within ten (10) consecutive days; (b) By posting notice on or near the front door of each building on the property to which the violation relates; or (c) By posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. If such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance, and may charge the expenses incurred in having same done to the owner of such property as provided hereafter, in compliance with Section 342 . 001 et seq. Texas Health and Safety Code. The remedy provided in this Section is in addition to the remedy iloo,—"i,elake\ordi,..,"oad2asd.rl (ta 4� . provided for in Section '7 of this ordinance. In 'thenata:ce Qf a viol at i on provided i n paragraph `A' e abov , ;the 'c x ty; may n forau the owr*ier by. Cert�find Bail, 12eturn ;° 2ecezpt ::Requested, that the awner coinmzte another �roiativn af< the same kind :or ratt darne : xrl> c:;::>:hea<Ith::>:::and;:::aafet posas a g:.. . , ;:::;;;;.......... ..;;:p;:.;:.;.;;:.;::.:;::::::.::..:.;;;;:.:..:: .:.:......:.:... . Y. zvera >ta:f:::to �tee:>:::<>>:::<t :;:::a> :t. :::::>::>:<sxthcz.. >{�.. .:. ".. x note c¢ ..;taa. <::>abat :;:::th u .oc�::��+�n,a. ::;t�$ owner s exp�n�e:aa�±� a� ::.::.... . .�:::..: . Y .:.::.. . ..::.:::.:::::. x.k......:::..... fr ;>::ex erase:>::;>a a�nst<:::;the:,: res ert::;:.::;.>:;::;::1f a violation 'eavre7< ' not ce x3der::;th s: :Para. :ra :h»::: ....................... r t n" the �1......P .......... :.. . .. .:.....:. . c> <t :...:>l :as: :not:<::::b:een:::::::»znforiued:<:::>:.�n....> 3t:�n b .._:.the osnyafv the z g:: Y :.:;.:.:;.;:.;:.::.;:.;:;;:.;::.:;:.;:::.;;::.::;.;::.: awnersh chan e:<:::::><:>>then :<:>w:< hrut;;:.ntc :::::>:: ma:.;:f<< akt :.::: act tin germ tted by thIs Section and .assess the expense;<<>as provided; in Section '6 beow. SECTION 6. The charges provided for in this ordinance shall be levied, assessed and collected by the City of Southlake. A statement of the costs incurred by the city to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event the owner of said premises upon which the work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done, whereupon the Mayor shall file a state ent with the County Clerk of a e erases incurred in the abatement above..descr:ibed condztzvrt.:.and.;the... . ........ _ .. . .... ..... . .._........ .._. .. ........... ... ._..... .... Eg\filca\muni\nlakc\ordinanc\ood2amd_rl ty ::...,...:::::.�:.:;fi.::... :..:{{.� a: . :., .:fig{:. .•,.....,.:....::;:;...: .:.�::.[, :.:.,:..:...;. ?:<.::.:;: <:>::..?•�.`:::..�a�:�"� :�k� :s�a.� : }}h-a�:e.:' :::.. r�.�r�3:�:�'(:�a{:.:1:�:e�:�.�x�.:::anY{�}:::}:::}::::.::::::}::::::::::::::::: ........:::::::::nv::..:::v vv:•. •::. xfiv.n..:::::v::vv;..v..:..:.::•.. ..........:..vv:.••:::::v-�.}ii}?:}}:�v?}:}+S?}�::::::•:::;..................••:•:,...;-..............:::..,..:-.... ..,.::•.,........... ...•L,v R. ..:\...:,.:..:v '..::.:.... i::{{{::::......:::::...•.:• y►/� �w ..�.y:/a'.��:.;r:.v;:f�::•m�.i':.::/:f(•..}. :{;::::::n..::.:!}::{:j-�:'-:-i'S..�:}:{y?(i/:.:ti:::i::�[�}:'ip:iY.?::?i:. .:...,.. :^:�: }:��. �': :..::�5.:.. .:.:. .. ��:Y;:; ..�-'•:VFti':'k�iJiTN�J::�53 C'�}'ri�{R1'�.�C-i�V��?�::Qn'�::::�i:M:�F::{:}�Vf(:�fi:�j4�:�41;4�: P:.:...:.:.:::.:::::::::.:..::::::::::.:................... .......... . ........u•.• nv v v•..-. •:. v:v:•v.S.n•.:;r: ...v::.}'.}C}}}}}ii}}}}}}?iii}}}}}}}}}}}i}i}}}xi}}:{{.}:::.}':•}}x....••x•}:•}x::"v•R:::::::::::v::..}?}}}j"J.:i'i}�}}}}�:y}}]i?�},x:•}}}i}tic:'�i}}�}y::i':]�i:��[{��iiiii�?lii(?.ir}}?}:':::::' ;::::::.: '}•'L�::ti}[?}]M.:.yr}.Sk�Si .} ..SSyn....a ...JS:: ti.. n~ L'�i{[�li�-v':.•�J.h4[��1.R•�irf.•a�l.:�i!,r ..R•:...., .,...M:..�� .. ..'Ev::.wY{.Jra. ,G;v..�}:..k�;:.•}}:ai:•}:8..... .,.. ': .:'•-{.;....:{......,1�,.,:{ti:::{4}:y... {:::1n:{4}}}:4:•}:ti{:'.:fi:.rn:•x{tiQ.ji::i4:;}'�.:}f.�::'.S:}S:; '`�• .'e-•� ..:.:z:f~.-�;:I�a�'�-�a��i��e'�:�:��.a�� :•.t��sft>�;o�:; :...:...: ............. ......•: r... ..,...:...:: �::::•::v. •: ,•::::::. •..:::........ :.....:.}},•x::{.}}:..,:.,,}r.....:•}}:•x,.v1x:..,::•:.rS:•:�:'•:�:•::}?ar.'+}.>.•}ix:};•.'•?:c::}:•}}:{@::}':-;:t':�:::;•i:;{.:}isa:{::.}:.: • V ...:.:. ......�"::•::.:}:{;fi:.,}:{{:ate L'^' �r...• :. ::..:-:'::}•::;;::{::::::::::::..•.::..,•::::.,:+ca\:.}::.:tiab: waw..{;ax.:=::.::•.r.,.:,w:..,<� -::~:•:.aw'•..{•..:{-:{;;{•::-}}:;u,....«......... •?::aa;{{i-}:•: C' .vvn.4,vv::n.....v....., v.::n{iv.•:}.v..,v:.vv...v}i:L{v'.-:.:.:"...:... ............. •. ::•,.......v For any such ::uT}} -.}:o}x..}}}:,:awa�.. 'ax{{.:}}}}}.a}:vista'}:•..- .:.}o::.: :...---- : .}::.')':`-.�}, :aa}:.w;o}.}xYri:.}x�.w:.: .. .. expenditures and interest as aforesaid, suit may be instituted and foreclosure had in the name of the City o€.-Southlake and the statement so made as aforesaid or a certified copy thereof, shall be prima facie proof of the amounts expended for any such work or improvement. SECTION 7 . Notwithstanding the provisions of Section 5 of this ordinance, the city shall, prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, of a violation of this ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the ordinance has occurred and that if the violation is not abated within ten (10) days of the date of the notice, a complaint Mia be filed in the City Municipal Court or ................................................................................ may be injunctive or other relief . `a :`::< Y sought. g . ed;:< ;>SeGtx�n»::: . >:of>::>::>th :s:::>:;>ordnance::>:shall _:: _ . . ._ ..... ................. .......... ..... _............... ..._............. _. .... f:\files\uuni\slake\ordinanc\wood2amd.rl be sufci�nt fob the city toec�k_:xz �E pursuant to thzs<:sectiii SECTION 8. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 536 is hereby repealed in its entirety. SECTION 9. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 10. 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 f��filee��uni�alake�o�dinanc�.reod2a�d_rl 4 ROL A offense. SECTION 11. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 536, as amended, or any other ordinances affecting public health and sanitation, including dumping or refuse, 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 12 . 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 13. 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. f:\filea\nuni\alake\ocdinanc\wweed2aad.rl PASSED AND APPROVED ON FIRST READING ON THIS DAY OF 1993. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1993. r MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE• fs\files\�ni\slake\ordinanc\voed2a-d_rl (4w, (la -ID ORDINANCE NO. 536 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS, GRASS, OR ANY PLANT THAT IS NOT REGULARLY CULTIVATED TO GROW TO A HEIGHT GREATER THAN TWELVE (12) INCHES OR TO PERMIT THE ACCUMULATION OF RUBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTER UPON ANY REAL PROPERTY WITHIN THE CITY; DECLARING A PUBLIC NUISANCE; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING FOR REMOVAL AND ABATEMENT BY THE CITY OF WEEDS, GRASS, BRUSH, PLANTS, RUBBISH OR OTHER OBJECTIONABLE OR UNSIGHTLY MATTER AND THE PLACEMENT OF A PRIVILEGED LIEN ON THE PROPERTY INVOLVED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND SPECIFICALLY REPEALING ORDINANCE NO. 361; 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 Local Government Code; and WHEREAS , the City Council of the City of Southlake, Texas has determined that the existence of grass, weeds, brush or plants growing in rank profusion and rubbish or other objectionable or unsightly matter on property within the City of Southlake has an adverse effect on the public health, safety, and welfare of the citizens of Southlake and constitutes a public nuisance; and WHEREAS, the City Council deems it necessary to adopt this ordinance regulating and abating such public nuisance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: i la ORD#536/ORD/kb �' SECTION 1 DEFINITIONS For purposes of this ordinance, the word "PERSON" shall include a firm, association, organization, partnership, trust, company, or corporation, as well as an individual . For purposes of this ordinance, the word "RUBBISH" shall mean both garbage and trash and shall include all animal and vegetable matter subject to discard which is generated from within a household, residence, or business, such as but not limited to coffee grounds, tin cans, paper bags, boxes, glass, and food articles generated from within a household, residence, or business, and additionally, shall include all animal, vegetable, and inorganic matter subject to discard which is not typically generated from within a household, residence, or business, such as shrub and grass clippings, yard cleaning materials, leaves, tree trimmings, stoves, refrigerators, pieces of metal scrap, feathers, furniture, dead animals, rocks, shingles, building materials, and other similar waste. SECTION 2 It shall be unlawful for any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, to permit or allow grass, weeds, or any vegetation not regularly cultivated to grow to a height greater than twelve (12) inches upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the lea --1L ORD#536/ORD/kb -2- .i street, or allow or permit any rubbish or objectionable or unsightly matter to accumulate or be present upon such property. Provided, however, for tracts of land in excess of five (5) acres upon which livestock graze, it shall be required only that grass, weeds, and vegetation not regularly cultivated shall be mowed to a height of no greater than 12" within 50 feet of the property line adjacent to and along any dedicated public street, or within 50 feet of any lot that is occupied by a residence or business. It shall be a defense to prosecution under this section that the grass or weeds are located within the right-of-way adjacent to the rear lot line of a lot zoned and used as single family residential. SECTION 3 It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to cut, or cause to be cut, and remove, or cause to be removed, all such grass , weeds, rubbish and other objectionable or unsightly matter from such property or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then to the edge of the street as may be necessary to comply with this Ordinance. SECTION 4 All grass, weeds, or vegetation not regularly cultivated and which exceeds twelve (12) inches in height, and all rubbish, shall be presumed to be objectionable and unsightly, and is hereby declared a public nuisance. < <OL ORD#536/ORD/kb -3- SECTION 5 In the event that any person owning any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City fails or refuses to comply with the provisions of this Ordinance, it shall be the duty of the City to give ten (10) days notice of the violation to the owner prior to abating the violation. The notice must be given: (1) personally to the owner in writing; or (2) by letter addressed to the owner at the owner's post office address shown on the last approved tax rolls of the City; or (3) if personal service may not be had as aforesaid, then by publication at least twice within ten (10) consecutive days, or by posting the notice on or near the front door of each building on the property to which the violation relates, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings . If such person fails or refuses to comply with the provisions of this Ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this Ordinance, and may charge the expenses incurred in doing or in having same done, to the owner of such property as provided hereafter in compliance with Section 342 . 001, et. seq. , Texas Health & Safety Code. The remedy provided in this section is in addition to the remedy provided for in Section 11 of this ordinance. I la ORD#536/ORD/kb -4- •F SECTION 6 The charges provided for in this ordinance shall be levied, assessed, and collected by the City of Southlake, Texas. A statement of the cost incurred by the City to abate such nuisance shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event the owner of said premises upon which work was done and charges were incurred fails or refuses to pay such charges and expenses within thirty (30) days after written notification to pay, the City Council may assess the charges and expenses incurred against the real estate on which the work was done whereupon the Mayor shall file with the County Clerk of the county where the premises are located a statement by the Mayor setting out the expenses that the City has incurred pursuant to the provisions of this Ordinance, and the City shall thereby perfect a privileged lien on the property involved, second only to tax liens and liens for street improvements, to secure the expense incurred; together with ten percent (10%) interest per annum from the date the work was performed or payment therefor was made by the City. For any such expenditures and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the City of Southlake, and the statement so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended for any such work or improvements. The remedy provided by this section is in addition to the remedy provided by Section 11 of this ordinance. ORD#536/ORD/kb -5- SECTION 7 Notwithstanding the provisions of Section 5 of this ordinance, the City shall , prior to filing a complaint in the City Municipal Court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying, or having supervision or control of any property, occupied or unoccupied, improved or unimproved, within the corporate limits of the City, of a violation of this Ordinance. Notice shall be given as set forth in Section 5 of this ordinance. The notice may state in part that a violation of the Ordinance has occurred, and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint will be filed in the City Municipal Court or injunctive or other legal relief will be sought. For any property, one notice of violation during any one growing season shall be sufficient for the City to seek relief pursuant to this section. For purposes of this ordinance, the growing period shall be defined as April 1 through October 31 of any given year. SECTION 8 The abatement regulations as herein established have been made for the purpose of promoting the health, safety, morals, and the general welfare of the community. SECTION 9 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting ORD#536/ORD/kb -6- provisions of such ordinances are hereby repealed. Ordinance No. 361 is hereby repealed in its entirety. SECTION 10 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11 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 12 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 361 or any other ordinances affecting the regulation of weeds, grass, brush, plants, rubbish or other objectionable or unsightly matter which have accrued at the time of the effective date of this tict—[] ORD#536/ORD/kb -7- 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 13 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 days after passage of this ordinance, as required by Section 3 . 13 of the Charter of the City of Southlake. SECTION 14 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 FIRST READING ON THIS 3RD DAY OF DECEMBER, 1991. ``tttttt t t t t t 11 h t p,, 'i L q,,F,,,,�,, OR ,o AT EST. CITY SECIRETARY ORD#536/ORD/kb 8_ ` Y1 PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 1992 . ,`�S�v j L A 'Q) . ``� AT EST: ITY SECRETARY �IIIIRtI APPROVED AS TO FORM AND LEGALITY: City Attorney C Date: \ V L C az ADOPTED: C 0 EFFECTIVE: 4&tt6il ( [a �� ORD#536/ORD/kb 9 Ix a � CAUSE NO SCOTT AND ANNE MORRISON § IN THE DISTRICT COURT VS . § 9(, _ JUDICIAL DISTRICT THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, AND THE CITY OF SOUTHLAKE § TARRANT COUNTY, TEXAS PLAINTIFFS' APPLICATION FOR WRIT OF CERTIORARI AND ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES SCOTT and ANNE MORRISON, hereinafter referred to as Plaintiffs, and files this their Application for Writ of Certiorari and Original Petition against the Zoning Board of Adjustments of the City of Southlake, and the City of Southlake, referred to as Defendants, whether jointly or singularly, petitioning this Court to review the decision of the Zoning Board of Adjustments of the City of Southlake and to amend and modify the same and to grant Plaintiffs the relief herein sought. Further, pursuant to the Declaratory Judgment Act, Plaintiffs seek a declaration of the parties ' rights and interest and for alternative relief. I . Plaintiffs are the owners of real property located within the City of Southlake, Tarrant County, Texas. Defendant, Zoning Board of Adjustments of the City of Southlake, is an administrative board with its members appointed by the City Council of Southlake, whereby service of citation may be 4ad on, said-board by service upon its administrative secretary, co CDC) ¢ - v 1 Glenda Jaymes , at the offices of the City of Southlake, 667 North Carroll, Southlake, Texas. Defendant, City of Southlake, is a home rule municipal corporation organized under the laws of the State of Texas located in Tarrant County, Texas, where service of citation may be had on the City Secretary, Sandy LeGrand, at the offices of the City of Southlake, 667 North Carroll, Southlake, Texas. II. Plaintiffs are the owners of real property located at 210 Donley Court in the City of Southlake more fully described as: Lot 32 , Block 3 of the Addition known as Southridge Lakes - Phase I. Plaintiffs ' real property is a residential home lot which is currently occupied by Plaintiffs ' family. Plaintiffs, in the summer of 1993 , began preparations for alterations and additions to their current residence. Plaintiffs hired professional architects, engineers and contractors to design and construct the alterations, additions and improvements. One such new structure was a detached garage. Once the plans were complete, they were forwarded to the subdivision architectural control committee as required by the deed restrictions of the property and of the subdivision. The committee, after review, approved the plans and design in August of 1993 ; the approval is attached as Exhibit "A" and incorporated herein as if fully set forth. Subsequently, the contractor went to the City of Southlake to receive building permits while construction commenced. Plaintiffs ' contractor poured concrete piers for the detached garage awaiting the permit which was delayed 2 i by the City. Defendant, City of Southlake, issued a permit for all other construction, save and except the detached garage citing an encroachment into a side yard setback. Construction continues on the remainder of the project. III . A review of the subdivision plat does not reveal any side yard setbacks on Plaintiffs ' property for their neighbor nor on the survey supplied to Plaintiffs by the subdivision developer sealed by a registered public surveyor. No one associated with Plaintiffs ever informed them an alleged side yard setback requirement. Defendant, City of Southlake, instructed Plaintiffs to seek a variance from the Defendant, Zoning Board of Adjustments, which they were told was simply a formality. Plaintiffs, being unfamiliar with the procedures and of City requirements, accepted the instructions and made application to the Zoning Board of Adjustments for the City of Southlake on November 14th, 1993 . 1717. Defendant, Zoning Board of Adjustments, conducted a hearing on December 16th, 1993 . Their oral decision was to deny the Application request of Plaintiffs, no minutes or written decision has been filed in the Board' s office. The only evidence or presentment to the Board was that of Plaintiffs. No opposition to Plaintiffs ' Application was received by the Board nor presented at the hearing. In fact, Plaintiffs ' immediate neighbor affected by the proposed structure agreed to its location behind the home, but not further into the back yard so that it is not intrusive into the Ce neighbor ' s visibility. Plaintiffs presented clear and convincing evidence that their request is not contrary to the public interest and that to do otherwise would result in an unnecessary hardship. V. The City seeks to enforce a 15 ' side yard setback in a zoning district labeled SF-20A. Plaintiffs, at this time, reserve the right to replead after discovery reveals the zoning of Plaintiffs ' real property and the applicability of the zoning. At this time, Plaintiffs plead that the property is zoned Plan Unit Development as part of the entire subdivision development. Additionally, the City of Southlake approved the plat of the real property without the necessity or delineation of side yard setback line. VI. Plaintiffs ' request that the decision of the Zoning Board of Adjustments of the City of Southlake be set aside as illegal and that this Court enter its Order declaring that Plaintiffs may proceed with their construction in a proper manner or to grant Plaintiffs the requested five foot side yard setback. Further, in this regard, Plaintiffs would show that the decision rendered by the Zoning Board of Adjustments is arbitrary and capricious, which will subject Plaintiffs to unnecessary hardship, which was not reasonably supported by substantial evidence and was based and/or predicated on erroneous conclusion of law entertained by the members of the Zoning Board of Adjustments and again based on erroneous conclusions in the applicability of the zoning ordinance of the City of Southlake. 4 VII . Plaintiffs further plead, if necessary, that the Zoning Board of Adjustments failed in its decision to comply with the determination process provided in V.T.C.A. Local Government Code, Chapter 211, Sec. 211. 009 . No question was asked during the board' s determination if the variance would not be contrary to the public interest and due to the special conditions, a literal enforcement of the ordinance would result in unnecessary hardship and substantial injustice may be done. These nor any other questions or concerns were addressed or considered by the Zoning Board of Adjustments in making its determination. VIII. Plaintiffs would further show the Court that they presented to the Cityand the Board that at least two of their neighbors ighbors in the subdivision on the direct route to their house had built like kind structures within five feet of their respective property line, particularly at 1315 Pecos and 208 Southridge Lakes Parkway in the same subdivision. Defendants are estopped and/or prohibited under the Doctrine of Estoppel and of Latches and Acquiescence to now complain. IX. Defendants ' actions have been arbitrary and capricious in its dealing with Plaintiffs. Plaintiffs seek an adjudication and declaration of their rights, status and interest and those of the Defendants concerning the use and status of the real property described herein under Chapter 37 of the Civil Practice and 5 Remedies Code cited as the Uniform Declaratory Judgment Act along with Plaintiffs ' costs and reasonable and necessary attorney' s fees as the Court may deem equitable and just. WHEREFORE PREMISES CONSIDERED, Plaintiffs pray, that upon presentment, this Court order a Writ of Certiorari to be issued herein to the Zoning Board of Adjustments; that such cause heard before the Zoning Board of Adjustments on December 16th, 1993 , be removed to this Court; that the decision of the Zoning Board of Adjustments be set aside and that Plaintiffs be given a variance, if necessary, as requested. That Defendants be cited to appear and answer herein; that the Court enter judgment determining the rights, status or other legal relations of the parties; and declaring that Plaintiffs ' use of their property does not violate the provisions of any zoning ordinance; and that Plaintiffs recover their costs of Court and their reasonable and necessary attorney' s fees and such other and further relief to which Plaintiffs may show themselves justly entitled. Respectfully submitted, STAPLES & HAMPTON Carter L. Hampton State Bar No. 08872100 860 Airport Frwy. West Suite 701 Hurst, Texas 76054 (817) 281-2222 6 AFFIDAVIT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Scott Morrison, who upon being duly sworn stated under oath that he has read the foregoing Plaintiffs ' Application for Writ of Certiorari and Original Petition and that all statements therein are within his personal knowledge and are true and correct. Scott Mor son SUBSCRIBED AND SWORN to before me on this the "r day of P Q l!Y\ Q , 1993 . &,)A LORI M. COOPER Mr COMwss EVIREs Notary Public mON May 9, 1994 7 Memorandum ✓/v ARCH '-TECTURAL CONTROL COME7=—` � LA I:E M REVIEWED: DATE REV=EWED. at�M- The Architectural Control Committee has approved the attached plans subject to the Special Stipulations outlined below or any notes written on the attached plans which are applicable You are still responsible to obtain whatever easements, permits, licenses and approval which may be necessary to improve the property in j accordance with the approved plans . This approval must not be considered to be permission to encroach on another property owner' s jland or to interfere with another property owner' s right to use and I enjoy all possible property rights . Approval of the plans does not constitute a warranty or representation by the Architectural + Control Committee or any developer or landowner that the proposed -improvements will be consistent ::Tith the develoo.ment plans of any ` other landowner. � i �pecia Stip ations : ` mac& ' J rc�, Sincerely, u Architectural Control Committee EXHIBIT I r THE STATE OF TEXAS DISTRICT COURT, TARRANT COUNTY CITATION Cause No. 096-151716-93 �WCOT`T AND ANNE MORRISON VS. THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF S LA TO: THE CITY OF SOUTHLAKE BY SERVING THE CITY SECRETARY, SANDY LE GRAND, AT THE OFFICES OF THE CITY OF SOUTHLAKE, 667 NORTH CARROLL, SOUTHLAKE, TEXAS You said DEFENDANT are hereby commanded to appear by filing a written answer to the PLAINTIFFS' APPLICATION FOR WRIT OF CERTIORARI AND ORIGINAL PETITION at or before 10 o'clock A.M. of the Monday next after the expiration of 20 days after the date of service hereof before the 96th District Court, 401 W. Belknap, in and for Tarrant County, Texas, at the Courthouse in the City of Fort Worth, Tarrant County, Texas said PLAINTIFF being SCOTT MORRISON, ANNE MORRISON Filed in said Court on December 28th, 1993 Against ZONING BOARD OF ADJUSTMENT OF CITY OF SOUTHLAKE, CITY OF SOUTHLAKE For suit, said suit being numbered 096-151716-93 the nature of which demand is as shown on said PLTFS' APPLIC. FOR WRIT OF CERTIORARI... a copy of which accompanies this citation CARTER L. HAMPTON Attorney for SCOTT MORRISON Phone No. (817)281-2222 Address 860 AIPORT FREEWAY WEST SUITE 701 HURST, TX 76054 THOMAS P. HUGHES, Clerk of the District Court of Tarrant County, Texas. Given under my hand and the seal of said Court, at office in the City of Fort Worth, this the December 29th, 1993 / �I By Deputy BARBARA WIGGT TICE: You have been sued. You may employ an attorney, if you or your attorney do not file a written answer with the (awlerk who issued this citation by 10:00 AM, on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you. THOMAS P. HUGHES Tarrant County District Clerk Tarrant County Justice Center 401 W. Belknap Fort Worth, Texas 76196-0402 OFFICER'S RETURN Received this Citation on the day of 19 at o'clock _M; and executed at within the county of , State of at o'clock _M on the day of , 19 by delivering to the within named (Def.): defendant(s), a true copy of this Citation together with the accompanying copy of PLTFS' APPLIC. FOR WRIT OF CERTIORARI..., having first endorsed on same the date of delivery; by serving Authorized Person/Constable/Sheriff: County of State of By Deputy Fees S (Must be verified if served outside the State of Texas) State of County of Signed and sworn to by the said before me this day of 19_ to certify which witness my hand and seal of office Veal) County of State of Came to hand on the day of day of 19 `aud, executed the day of 19 by delivering to within named ` copies of the writ of Certiorari and the order of the Court granting such writ of Certior axe No. styled vs. District Court of Tarrant County, Tess_ Fees .. . S Sheriff-Constable w n c� fV c - w yj x CO ,ern L W J I� 0 C rr -- xcnaom � �. p rr °°Nn N• o :00y rl z `► d ri .�i En rr PO rr r r (D > r (D �j C �3 H t=] O ►-4 C7 y ti N rS rS 0 1- �" (D fC n H N N 0 �S U]] 0 A H W n tj N to rr x x W 52 rot FAMOw CI) coin `" `� -pc . 0 \ t1• hOj dW 0 s� `j NH rh N Q � C CM Cf) ko W k CAUSE NO. / 6- lSi716--'7-2) (W SCOTT AND ANNE MORRISON § IN THE DISTRICT COURT vs . q�/ § T� JUDICIAL DISTRICT THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF SOUTHLAKE, AND THE CITY OF SOUTHLAKE § TARRANT COUNTY, TEXAS WRIT OF CERTIORARI On this the Q?5ry day of December, 1993 , this Court heard the Application of Scott and Anne Morrison, Plaintiffs, for a Writ of Certiorari and the. Court having considered the facts set forth in said verified Application finds that a Writ of Certiorari directed to the Zoning Board of Adjustments of the City of Southlake should be allowed. IT IS, THEREFORE, ORDERED that pursuant to V.T.C.A. Local Government Code, Chapter 211, Section 211. 011, a Writ of Certiorari is hereby directed to the Zoning Board of Adjustments of the City of Southlake for review of the decision of the Zoning Board of Adjustments of the City of Southlake with regard to its denial of Plaintiffs ' Application for a variance to alleged side yard setback requirements on Plaintiffs ' real property as more specifically set forth in Plaintiffs ' Original Petition and Application for Writ of Certiorari. IT IS FURTHER ORDERED that the Zoning Board of Adjustments of the City of Southlake shall make its return to this Court and serve same upon Plaintiffs ' attorney no later than the day of J,,Q&U,J-12 f-I , 19 '9171 . SIGNED this �Z day of L �f��,/2 , 19 _. �J- XD-Gf��E PREI,SIDING II No. 096-151716-93 SCOTT AND ANNE MORRISON �( )( I� T = D,rSTRICT COURT i THE ZONING BOARD OF ADJUSTMENT OF �( THE CITY OF SOUTHLAKE, AND �( 96th Ii:DICT_=.L CISTR:C. THE CITY OF SOUTHLAKE )( Vv�]T OF C—ER=.OR-RI The State of Texas. To the Cie-:: of the Councy Court of Tarrant Caunc.: Gre� Yss: i Whereas. on December 28 , 19 93 SCOTT AND ANNE MORRISONasI the Plaintiffs in the e of SCOTT AND ANNE. MORRISON I I� vs ZONING BOARD OF ADJUSTMENT, etal . Cause No. 096-151716-93 in the Couny.• Court of Tarrant � Counc%, Texas, fund his petition •-:.� the District Court of i Tarrant Courr Texas, comoiai:ins of THE CITY OF SOUTHLAKE i i - _ Defendant in said case. and requests-a a writ of certiorari c=t:':-- the coun c:e: of Tarrant Court :o transmit fort 1with to this ccurt a cerdEed 1—;' crcc.-_di^Cs had re!ation to the judgment of said rend.-:.-d --wins,- SCOTT AND ANNE MORRISONas Plaintiffs therein: I «'her.-as. on due hearing of:..e oetition fer the writ of ce::iorari 5ied by SCOTT AND ANNE MORRISON I I t the aforesaid District Court of Tarrant Councv. Texas. iss::e_ _he foilo�Li.R ord;!: i i II For Issuance Of Writ Of Certiorari : and ^. :d rest.-.. uir e o _ _,. f _ i �"�^...-..aS, cQOQ and $Ui'......... ...1. f'� � ..-C ... vy law and ?.D�rv'�eCti v:. :...� �....� v SdiG CC?i::t i i and filed He No. XXXXXXXXX in said court. now the:.-fore, You are here'ov cornmard.-c :o make out immediately a ce:tif:.-d craascioc of the above-i.-sc:ioed croc.-.-d_'=s I and transmit them to t;ie District Court of Tarrant County, Texas. Witness Barbara Wigginton C:--rk of the District Court of Tarrant County, Texas i Given under my hard and seai of said court the 29th day of December 19 93 . i i I S•: Decuty C"t k Issued the ?9t-h da,.. ci December :° 93 ;I E� De,ut•. C • � i 0 ON a a � ,� � m -Aacn - cn n a ° o 0 to y d C7 v x co _ - O 00 � � b� nx � z c0n � N p 0% � N0ZFo rn Y O Ng � w Cr1O O Z z ►� d •C 0O w o z tri cxo (ow L� SLCTiON 20 SICTION 21 r-1 a►ICABOFa00p CON}dRC2tr. pISTR2CT ram„--2 LCti RE'IA2L COl4R1lCLAn. D2STRICT 21.1 PURPOSE AND tNTENT - This district is a low to sodium 20.1 Pcmposr AND rarMT - This district is a lover intansity intensity commercial category providing a uniform set of commercial category providing a uniform set of standards for standards for neighborhood type serail shopping facilities neighborhood type retail shopping facilities and general and general commercial activities. It is intended that this commercial support activities. It is intended that this zoning district be served by appropriate thoroughfares and be zoning district be served by appropriate thoroughfares and be of such size that all parking and traffic maneuvering can take of such size that all parking and traffic maneuvering can take place on the commercial site. It is intended to provide place on the commercial site. It is intended to provide limited local retail and service commercial uses which serve neighborhood resillential areas generally within ens-quartar one or more neighborhoods lying within a one and one-halt to silo to one-half mile radius with limited, convenience two mils radius of the site. services and small retail type items. It is intended that the development within a district or tract be established as a 21.2 pyBtllT�p.�3LS unit, with adequate off-street parking for customers and employees, with coordinated architecture, with coordinated 1. Any use permitted in the 0-1 Office District. signag and lighting specifically adapted to achieve compatibility with surrounding development and with 2. Any use permitted in the C-1 Neighborhood Commercial appropriata landscaping and screening to reduce or eliminate District. any negative impacts on adjacent land uses. 3. Antique shops. 20.2 PERMITTED USES 4. Bakeries designed for retail sales rather than wholesale a. rommereial Uses operation. 1. offices of a business and/or professional natnra 3. Bicycle sales and bicycle repair shops. providing services not including fabrication, manufacture, or production of goods. (As amended 6. Blueprintinq or photostatinq. by Ordinance No. 480-C.) 7. Book or stationery stores to include large newstands. 2. Bakeries, provided that the floor area of the bakery , Business colleges or private schools for vocational operation shall not exceed 2,000 square feet. training of office related careers, such as 3. Barber and beauty shops. stenographers, executive secretaries, etc. 4. Cleaners, laundries and/or washateriss, provided 9. Christmas tree sales beginning one week before that the floor area of the business does not exceed Thanksgiving and extending through December 21st of each 2,300 square feet. calendar year (outdoor display permitted). 3. Gasoline filling stations that operate in 10. Cigar or tobacco stores. conjunction with small convenience stores. Such il. Cleaning, dying and pressing worker laundry and use may contain a small cad wash facility, but may washaterias, providing that the floor area does not not include Lander or body repairs, mechanical exceed three thousand (2.000) square feet for separate aarvicos, rear-end, transmission or engine overhaul. or combined uses. 6. Grocery stores and/or seat markets provided that 12. Confectionery stores. the floor area of the business activity shall net exceed 3,000 square feet. 13. Custom dress making or millinery shops. 7. Newstands and/or bookstores provided that the floor 14. Dancing schools. area does not exceed 2,300 square feet of space. a. Restaurants, tea rooms and/or "take-oat" food 13. Day nurseries establishmants, provided that the floor area of such 16. Delicatessen shops without size limitations. operation does not exceed 2,000 square feet. Food service establishments operating in this district 17. Dog and eat hospitals or small animal hospitals it are envisioned providing id be relatively small operations as conducted wholly within a completely enclesed sound- designed at providing fed m neighborhood support. such as roofed and air-conditioned building, providing that that generate and limited menu item c from outsidents p that generate low to moderate traffic from outside shill or odors r eati by beyond the withinthe building t the neighborhood area. shall not be perceptible beyond the s party lanai that no long farm boarding of animals is permitted except 9. Tailor, clothing or wearing apparel repair shops to where related to medical treatmentr and that no animals include tailor activities that create custom made are kept outside the building at any time. Clothing or accessories. 16. Drug stores. b, Community rae!nity ones - City hall, fire and police stations and other municipal uses. 19. Dry goods and notion stores provided that the floor area of such facility not exceed eight thousand (8,000) square feet. 20. Duplleaelnq service, printing, lithographing, piseographinq, multi-graphing and offset printing, providing that the floor area does not exceed two thousand (2,000) square lest. 21. Filling stations or service stations, operating with or without a convenience store. such use may offer gasoline, oil, greasing and accessories, and say contain a small ear wash facility, but may not include fender or body repairs, mechanical services, rear-end, transmission or engine overhaul. (As emended by Ordinance No. 4e0- C.) 22. Financial institutions. 23. Florist or gilt shops. 24. Frozen food lockers for individual or family use, not including the processing of food except cutting or wrapping. 23. Grocery-stores and seat markets without size limitarir,as. 26. Health service facilities to include clinics, offices of dentists, doctors, and other practitioners of healing arts, licensed or similarly recognized under the laws of the State of Texasr offices for specialists and supporting health service fields, such as physical, audio and speech therapy, podiatry and psychological testing and counselingr dental, medical and optical laboratories and blood bankar ambulance dispatch stations, prescription pharmacies and offices, stores and display rooms for the sale and rental and medical supplies and equipment. 27. Jewelry stores. 28. Luther and leather good shops, providing that the floor area does not exceed two thousand (2,000) square feet for separate or combined uses. 29. optical goods. 30. Photographs, portrait or camera shape and photofinishing. 31. Radio and television sales and servicing. 32. Restaurants, tea rooms, cafeterias, Last food and stake- out" food restaurants. 33. shoo repair services. 34. sporting goods, including gun sales and repair. 23. Tailor, clothing or wearing apparel shops without site restriction. 34. Tires, batteries and automobile accessory sales,provided that such activities occur entirely within the confines of the husinos■ structure itself. 37. Variety stores, provided that the floor area of such facility does not exceed ton thousand (10,000) square feet. City of Southlake,Texas RESOLUTION NO. 94-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, AUTHORIZING TWO SIGNATURES OF EITHER THE CITY MANAGER, ASSISTANT CITY MANAGER, CITY SECRETARY, MAYOR, MAYOR PRO-TEM, OR FINANCE DIRECTOR FOR CHECKS ISSUED ON BEHALF OF THE CITY; FOR ANY ITEM EXCEPT A PAYROLL CHECK; PROHIBITING THE MAKING OF A CHECK FOR NON-BUDGETED ITEMS; AND PROVIDING FOR AN EFFECTIVE DATE UPON PASSAGE AND APPROVAL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. All the findings in the preamble are found to be true and correct and the City Council does hereby incorporate said findings into the body of this resolution as if copied in their entirety. SECTION 2 . By passage of this resolution the City Council does hereby require two (2) signatures of either the City Manager, Assistant City Manager, City Secretary, Mayor, Mayor Pro-Tem, or Finance Director for checks of $5, 000 or more issued on behalf of the City of Southlake for any item. SECTION 3 . By passage of this resolution the City Council does hereby require two (2) signatures, facsimile or actual, of the City Manager, Assistant City Manager, City Secretary, Mayor, Mayor Pro-Tem, or Finance Director for any item except a payroll check which may be signed, facsimile or actual signature, by only one of the above named officers . SECTION 4 . By passage of this resolution the City Council does hereby prohibit the making of a check for any item without budgeted funds available, as any expenditure requires prior budget approval from the City Council . SECTION 5. This resolution shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED by the City Council of the City of Southlake, Texas on this day of 1994 . ATTEST: Gary Fickes, Mayor Sandra LeGrand City Secretary b:99-01.RE5/OROhRES/kb REFERENCE NO. : ZA 93-90 - � 1994 i am (in favor of) (opposed to) (undecided about) t Qohat for the following rea a SIGNATURE: ADDRESS: JL,� .rvv...••r.awa�. aGItRO ivv JL. . --- REFERENCE NO. : ZA 9 3-9 Q _.;.. am in favor ofC(opposed to ur.3ecided aboutRnrr r.or the following rns --- f _!;—�-i U 7� r i SIGNATURE r =�:, h la k b c_ ci u s L?e p v 77 AIDDRESS: -r/, i SOD " ✓�2� REFERENCE NO. : ZA 93-90 = am (in favor of) opposed to (undecided aboutL)Jce� for the following reasons: r � (nci SIGNATURE: arb� ADDRESS: / 0 � �'� S D�2—. Southlake, Texas 76092. pri REFERENCE NO. : ZA 93=90 ` 2� J.� IT. , a.., am (in favor of) (opposed to) (undecided abo t for the following reason : TJ (OW l L / �e ca�r'4� /!Of/fi/I dN(/L'� /y!!'/!� a�O O �! • f Q�CG� - �/i7 a/"//d G7"��/ . SIGNATURE: ADDRESS: .�11/6:r' /Ooo1 /1/j'la -/bn REFERENCE NO. : ZA 93_90 am (in favor of) opposed to (undecided abovi ` '4the;requeAt or the following reason ,r u ctie Q L -471LW -•�'"`c/t.,cuar � �,...1�.c. — �;�f�/' IN�� ,�.` Qo c. ..,Q 'r SIGNATURE: ADDRESS: u vvCQ G, A-t & r REFERENCE NO. : ZA am (in favor of)�oWosed to) (undecided about) the request or the following reae 1 S I ATURE ADDRESS: r i zr.rarcrav�;r; ivv. : GA VS-VO n I i-! njLrr!P. am (in favor of) opposed to) (undecided abo � A ue�gl for the following reaso . 7 Y �lA f W"// lot QhGa lijCf�cO�c� Ld�IG��tif��rla �l�ti!'C'i 4 S 62 u d SIGNATURE: ✓?2. o rrt�a r .ADDRESS: Ly CGLI n.nr4• (/)ur�� [� r (in favor of) (opposed pposed to) (undecided about) the r meet for the following reasons: �; - ,� ! 11e:�G "0 l--ood S4-c'e� ccx,.Q,S�1-�y��L�, �s °� f� ke, rl"s�rd -t C vvs� c)', i 5 i)' , // L G < <lT SIGNATURE: ADDRESS: a The following form may be filled, out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 am (in favor of) (opposed to) (undecided about) the request', -or the following reasons: 0-A D &.P IA.Q_V rA L�_ m.ae p,,v Cr0+1AL''� SIGNATURE: -v-' r1DDRESS: O Qp� REFERENCE NO. : ZA 93-90 am (in favor of) (opposed to) (undecided about) the request for the following reasons: I feel this is a residential area. There is plenty of business area available on 1709. It would detract from the homes in the area, bring in unwanted traffic and crime. We purchased our home in a quiet residential setting and had no idea this would change. Changing zonings in a. quiet residential area is bad city planning and produces poor relations s w En Me community. SIGNATURE: ADDRESS: 1315, Bent Trail Circle, Sou_thlake, TX 76092 vut3u�-�r� REFERENCE NO. : ZA 93-910 am (in favor o ) (opposed to) (undecided about) the request =or the following ns: �r r SIGNATURE: •C, ADDRESS: //D�'! tt ., REFERENCE NO. . ZA 93-90 am (in favor of) (opposed to) (undecided about) the request for the following rea • iv( aye /o A�'s C'1,e, - nxte.5 c,�r, �o A Aor A t /a/m be Li; ,. . a ovr• i, i'Cf►' --e2h S w:/i 4�.5�✓�C -f a--,s ��c o.(Ky a.r^! ;:.c�rC/a l/ ' pv-, ov r /Q r 0 00(k e- %Ae ✓c o,,-t GhM�t7lC C''h- .r.r/0� Cty�'ft✓S V�aU-etl�rAiCl� �0// C� J� l/P�� 6✓Apiliv�,.Q . SIGNATURE: - ADDRES S: 3- �u r �✓ C�"r c I� � , �;av Eouthlake, Texas 76092 . OoilvvLGn Carroll Avenue, REFERENCE NO. : ZA 93-90 ,G 14 0 am (in favor of) (o osed to) (ur.3ecided about) -or the following rea s : est L Zr r 11 zc<cr�,yri��F s} /yner %A'"?C oar PPs /nOr?- SIGNATURE: ADDRESS : r Southlake, Texas 76092. REFERENCE NO. : ZA 93_9Q D am (i ) opposed to W they Veque�et for the following reason , _- ., ce SIGNATURE: ADDRESS: Lw"s REFERENCE NO. : ZA 93-90 am (in favor of) o Bed to) (undecided about) the request for the following reasons: SIGNATURE: jb ADDRESS: -A9 Southlake, Texas 76092 . Vol r reruie, REFERENCE NO. : ZA 3- 0 O am r} (opposed to) ( t e est -or the following reasons: P%al ec lea logne .k alk w��kC w,1 j L7 o 7 aid tertnR c,l CQo re.,k plaAA.e� if.-t• 17a9 C.46 „ C ` ..-n ce L 2 'IS It Sark w cra. S4-�`�.t�. I ^,U SIGNATURE: if —Tf - ADDRESS: 1460 S r The following form may be filled out and mailed to the Cit Southlake . CITY COUNCIL 667 No Southlake, Texas 76092. Ll REFERENCE NO. : zA 31994 L am (in favor of) (opppaed,,to)'`� (undecided or the following re VEJ SIGNATURE: h U M m ADDRESS: o l L-y&e_w,oOD ��u��iaice, texas -16092 . - -" REFERENCE NO. : ZA 93-90J4 am (in favor of) (opposed about) the request .or the following reasons: o.,, t,# i..�,.A,. SIGNATURE: ADDRESS: REFERENCE NO. : ZA 3- 9 19f I� am (in favor of) (opposed to) (undecided zhe•requds'"E -or the following reaso Tcd; J—c Cil- 1 9CaIJ SIGNATURE: ADDRESS: 00 i tvvt_r,,� fl!j'AN��l , - Southlake, Texas 76092 . c 1 REFERENCE NO. : ZA 93-90 9 am (in favor of) =sonT: (undecided j .or the following r Uo A (ru SIGNATURE: ADDRESS: If'y L5— �J/��, JNUl.aal.ClllC a.a. . vvv....... vv i aIv i. Southlake, Texas 76092 . • �: t L REFERENCE NO. : ZA 9390 v am (in favor of) (opposed to) (undecided about) ' the request =or the following reaso ` T `.- T �..t_�s J , -tr� r t S,A CL-,?_�i� . \ d 3 i ru 1 Cl_ A •'Y^ 1 r,�+►�.e.r �.,s..a�l�Jl runt e .w �.-Lr��' �i�e.,.� ..�w�ec ALL* �S Vv a%16l r KKK. w+�•a.� 50%k!6 .k-KVA1� b,.. rZs�w or �wrNra�- d o.vw Lv rub:w•M. . 'o N +�Me. •�� ` o \?p C{ SIGNATURE: S dam. •� ADDRESS: Spa= '� n orm may 0e . tilted ;,•out and:-->mptiled ;to_.the City of Southlake planning and Zon'j-n Co nso�� r E5''7- *7oYr.h'Ca'rro_1 Avenue, Southlake, Texas 76092 . REFERENCE NC . : ZA. 93-90 n I am (in favor of) (oppo d to (undecided about) 1q�t1993 for the following reaso A a .,. tk ci t/ co... o I, C✓a,. -Or+7`in. rT9 / 72 '1i,A"ro Aeks . ve /H&dc ;f !/«cvT� .y- yak f e G✓!w 7� G 7i l�w�Tc 6 k 7Co W, Ak a f 67'�- ch c 'a d t v., Aom vn 0 c S 7` i Ge t SIGNATURE : -�• �I( /7.�� 7" Aeoh4ie'�� ADDRESS: G V i as a/- G -( Zoa �v/wn,cs. fv -e *1e �as �Kv�kirn�� S�`Ok1S ®.c a~f O7h*t. 6u�;"Iss Z &.S a oeeSa �f o t�t Opro OVh� CpnC-eAw S, Southlake, Texas 760920 REFERENCE NO. : ZA 93-90 Mr/Mrs William E Lafavers am (in favor of) (opposed to) 620 S. White Chapel Rd !or the following reasons: Southlake, Tx 76092-9026 F67) i SIGNATURE: �"�-� ' - ADDRESS: R44) �5n rL N The following form may be filled out and mailed to the City of Southlake CITY COUNCIL , 667 North Carroll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA 3- 0 O am (in favor of) opposed to) (undecided about) ed� t993 =or the following real ns: GY W1 I 1/1 f �l �O©CI GtMC I C- (4mo, C bC- 7 fa QTOIXTArVTMV . / Z �z C e -6 a _„i lltallCU .v .iLc �..L _ Southlake Planning and Zoning Commission 667 No Southlake, Texas 76092 . ' REFERENCE NO. : ZA 93-90 ! r I am (in favor cf) (opposed to) (undecided.'ab6 ) request �r the following rea } r SIGNATURE: ADDRESS : - - - - - - - - - - - - - - - - =he following form may be filled out and maileroth City of 3 Southlake . CITY COUNCIL 667 Nort Southlake, Texas 76092. enug 3 REFERENCE No. : ZA - 0 3 1994 ,+r-on (am (in favor of) (o sor the following reasoppo�e to) (ur.3ecided arequbeLi ,,,. a,¢ •ritc�n�� /4.cch,a� h,�a-c d�.u�c a.Q, 1uc.a 7LQj-- add--In V4u twtw_9 �q.e. �vu e� ��tcaQ cuLea.�, axed amui'L �n ,au �trall v,u' c oWWW40. SIGNATURE ADDRESS t 'C'Q../�{L - - - - - - - - - - - - - - - =he following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North CEl Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 93-90 qqy J � i9, . am (in favor of) (o osnefl1 't (undecided abou - t Sr -or the following reasons: �1 6 AU At a dua I z-ryru_aA , W k -, Elie ffJ- 8, ,t i Y! Ahd urD,aM CauV__, �Do a�t.G-gyp. PhI,41» rw U�� Q/LQl,I.� ,4-llliMw�1.G�,(nCLI_©�l�Yjl.A.!/L�rL � Q�� C4nl/�/!U(��•�cy �,C►�=ct�G�. — ,cJcu-�. �I�. � ,��cc�i.Fal�e �►Cu�( �o �,Ca�z-� -vr+.-��i ,fit- r-v�rr�a..0 d'�.�elo-n�rc.� , SIGNATURE: ADDRESS : 1 475- &4L:;L 1A,&i &kt&_) y�c i� Vt-QCUGQ �C. 1 REFERENCE NO. : ZA 93-994, (� 1 _ am (in favor of) qopposed to (undecided a U 0r4'iQlt for th following rea `L �wn ' 1� 2�l�- Q/lQ Ct�., � � Gc1CGCGQZ..�OLL �O �,1.! IGNATURE: e)PDRESS: !4- �j �Je i LAND • , // _ A241l �/dl.� j. � 7�c�9�- h�p• - ou'OA - 'OL C PS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The following form may be filled out and mailed to the City of Southlake . CITY COUNCIL 667 North C venue; 7",, Southlake, Texas 76092 . REFERENCE NO. . ZA 93-90 3 _ am - (opposed to) tti -requeAt`- for the following reasons : Q4Sc�c G ' \jc\c-Dane,-- ime. SIGNATURE: ADDRESS : The following form may be filled out and mailed to t City of Southlake CITY COUNCIL 667 North Carr Avenue, Southlake, Texas 76092 . REFERENCE NO. : ZA 9 3_9 0 J MA am (in favor of) (opposed to) (ur. ' d�L�j e request =or the following reasons : AJL 00-U LRXA SIGNAT�UR YAAO �L' A I)DRESS: !I 'J jRC1 0 G i r 7 4 I` Am 1 t REFERENCE NO. : ZA 93-90 = am (in favor of) (opposed to) (undecidedLL'%" "L*- for the following reasons: SIGNATURE: ADDRESS: S z/ 7(0go2. Southlake, Texas-- 7609Z. `•�irJJ euREFERENCE NO. % ZA 23-9Q ; 0 4 1994 am (in favor of) (o for the following reasaneeadto) (ur.3eoided � - A -93 SIGNATURE: .� �`�-►•+� - �+aati ADDRESS i S Southlake, Texas 76092 . REFERENCE NO. : ZA 9.3-90 am v (opposed to) t elr�q3' s .or the following reasons: � - SIGNATURE: ADDRESS: ✓V./1..111 cxAC 161a I wu1141iL. 667 North Carr_ .1VIl Southlake, Texas 76092 . { REFERENCE NO. : ZA 93 90 JAN 0 4199 UU_LSL am (in €aver eft- (opposed to) (ndee- e t)_ t e request .or the following reasons: We expect the Southlake City Council to represent the interests of those who elected them, and we are making it clear to you exactly what our views are : We do not need and we do not want a shopping center on the Northwest corner of the intersection of South White Chapel Blvd. and West Continental Blvd. SIGNATURE: ADDRESS: �2�a ��,,,� 605 Potomac Place Southlake,- TX 76092-8009 REFERENCE NO. : ZA7ea - u n 9 41-9 am (in favor of) (opposeDto) (undecided aboT_J_ s r the followin rl : S n /l -7 O .�f /iir/�" �Eiclic/t �/,IlG, z� Z�cT T is /tjccc�Ssil�y e IY N J—/77rC/C U rJ LY 1,,If C /� / c SIGNATURE: ADDRESS: �� Z'.��/ �/c�C�C �< <l Z�Zc 7 L/-t cs /rC ' i REFERENCE NO. : ZA 93-90 am (in favor of) oppose ) (undecided'„' , u�.) - -'' {� t for the following reaso 1rS,^.�CAIA�_ CcFr�liG ��•; t� AL oC CO-N7AOA4,_ 1 A•\ aiac: v y c(►ac�R►�� A�3c?uT '>az ImPacT -Co VRLu5zs Jl,6 CeAu-� . SIGNATURE: �1 �� ►ADDRESS: I OOo ueT Swnu ieE, l X _Z07 Z- The followingform may be filled mailed to the C 'y out and mil i��`n��! r� Southlake . CITY COUNCIL 667 North C Southlake, Texas 76092. l'.-' REFERENCE NO. : ZA 93-90 {{U _ am (in favor of) <-(oppooad to (undecided about)-- the j r the following reago oxC rect,Sed `fy�t ri G � tec-1it��s 1 are Met a d s va, �I t vwre4s t r-t vYl ✓1c� Ct cT, v `� 3 5, V%s (Iqk G t- C( h o US w c ( � C rCCJC c. ►�vcS a4l\� ecrogse a (ues SIGNATURE: ADDRESS: Sou-r-c4 AK-F Texas -760,?.2- dkZb'k�,K�t�,a,,?i'�?fS �ft .`=i2'��,`�'?;``��`{2;' �?2`2.':<�'>' k..ti�i �.''.�,.,',tiirZ{'�. #�f?2�?�R�3:�S!�i�.. L?;�.`�,�'Ff:±E?ti`+t�,�;� `; titi�,v��;��.22`?2t2r£ri2it42n?R'ti'2+ ' ,..t��4�£3t±23k.�?• am (in favor of)' (o�posedto (undecided about) the reqquuest for the following r son � �"7r� � � f ._ .JAB! 0 3 1994 SIGNATURE: L ADDRESS: �- � ✓ Southlake, Texas IbuJ6 . REFERENCE NO. : ZA 93=90 am (in favor of) o �aedto (undecided about) the request for the following reasons: o 411jell -1le ,�(//G►��Kc' . ,art' <s 0�'t' `DD SIGNATURE: 2e�t '.,ti �ft, a�- �l Z 6) ADDRESSs Lj r Ztcr;NC:M NO. ZA 9 3=9 Q - am (in favor of) (opposed to) undecided about) the request -or the following reaso l� 12-, /��✓ y �omr1 da�eio}7r� � 0.j r �,VA onty j q i ke a,w a 1{ $ nod- nece s S army SIGNATURE: _"j(2 a+ NAOe 0\.f y COnhiflQ.n� ADDRESS: / <C, - . c c:f c, ✓C- , The following form may be filled out and mailed to the City of Southlake CITY COUNCIL 667 North Carroll Avenue, Southlake, Texas 76092 . REFERENCE No. : ZA 3- 0 y " ' . --T -c2rJ 5VUTP( L t+jK Zr am =Wei (opposed to) .or the following reasons: ) the request 1412$.4s L L 2NT t Fi,o c o 9 - L! [.�/4 ao N07 N ZZD 7WC A'DDtO ?RItFFtc O.J CoaTinJV1%rr0K (OR W"lTt CH�tA� . Gu/fxlo v f ir SIOZ t.c� 45 �toloc.t_ qry �Q/Cyccts L USI 4 7'�-fit lZoug�S Q Sao,ruZ.C. SIGNATURE: I ✓�� /�� ADDRESS: LsyS C>>•(w•�.vL w+tL1G.5 sou 02 ' L,1Tt�C� -rJ-lf/Lt, wtc.� �3�i hN Arm 80LNT l ut ?0 TH1.S we ot/ eo0 %7QMfFt c . 6) -17YEAIL AOU jynJocXrt-( 5i"Ite. r iArZYM73 cc..oSt LNOvbr{ OrJ M-1 A'f 4w v,'HiTL. er-l►9�Lc..� uu�. Nam iv�L17 oNL �r n Southlake, Texas 76092 . J AN 0 3 1994 REFERENCE No. : ZA 3-90 LL►UL5'i�UL� am (in favor of) (opposed to) (undecided about) ' the request =or the following reasons: 'T o o ,i a.-a/s 0 z'��e Dro,n os e_d D `e= .4 o' -717 e in✓i a ti` Zoo Gc it so/.'C; 11✓iCliclua/t _Zo 1"71/ad2. t,, /^%VaC QlG" 4 LL y o� a ,e or,` 15'� ou�d /11a f� o �r r J GG� a aaI SIGNA ADDRESS : /�O� �oi7Gc�r� So�c��/a J�oOlD1 0 3 Wi 7 J-y U }3e I ;,-j am (in favor of) (opposed to) (undecided about) * the request -or the following rea . all &ZZMSS /5 Cl r/12 n1) d F �,�/ ae e SIGNATURE: ADDRESS : ia �_r2o& - �t�- am (in favor of) (opposed to) (undecided about) t _or the following reaso JAM 0 3 1°94 1 L . S IGNATURE: � 13 =L7 ADDRESS: REFERENCE NO. : ZA d e t 10 P rrma r,.} c i o e c-z) Q+ + Ka- Co.»e e am (in favor of) (opposed t (undecided about) the request - it -the itm-the €=10 ing rea v' Axed — nn SIGNATURE: Lc�-uz..� -- tt Q e fe d P r ADDRESS* •/G �4 ' oG C a,�y �v .i�-ram_ a�C�C. ✓l'�'! a,.a�.c-�.- ; the following form may be filled out and mailed to the: Southlake . CITY COUNCIL 667 North CiY•oYl.ikownue, Southlake, Texas 76092. y REFERENCE NO. : ZA - t am (in favor o ) (opposed to) ( .decided abouA the Ammyrn-0- !or the following asons: a J�z SIGNATURE: k-)i am r -- •-_ ADDRESS: ' REFERENCE NO. : ZA 93-9Q, ' _ am (in favor of) (opposed to) (undecided about) t 66o� 1994 !or the following rea _ t Lu_j I - L- a SIGNATURE: ADDRESSt - REFERENCE NO. : ZA 93-90 am (in favor of) o osed to) ur.3ecided about e r G� ( PP n,Pt -or the following r son_s:_ _ LJ Pr V cS! S n 4-Ac IS Gi r.ecz �l Cf .vcc t�( G r � IGr� l CC' ►'1 t'r 5 J r t� /' G (,{D till 5 NATURE w l l r f ?�`Pr ADDRESS: -r/,C_. h t 4. SOD oZ �✓Ge� C)k REFERENCE NO. : ZA 93-90 I am (in favor of) opposed to (undecided abouti) ii,'rr1Ze !or the following reasons: r � SIGNATURE: ADDRESS t IYO L/ D 92-- Southlake, Texas 76092. L P/4'Si Zo ri REFERENCE NO. : ZA 93=90 _"rJ + 0 am (in favor of) (opposed to) (undecided abo t � %%� or the following reason /0 6'.fvp7`e �oirl/ 'i^cia/ jVacc Oc-1/ ' on o,,- �lovfi%�9 10AVO SIGNATURE: ADDRESS: ��/E/'�.t/Ooo� �r'C/ /1%y7a�i'b� REFERENCE NO. : ZA 93_90 am (in favor of) opposed to (undecided abo • ` ', thn,request s for the following reason SIGNATURE: ADDRESS: u tuv cQ C 6. L . REFERENCE NO. : ZA 93-9A_ am (in favor of�osed to) (undecided about) the request for the following reas r •,G^l� � l/i/��u 2 /r ,ems►-► \ `J '� � Z`� ,►u 1 eta n lie•o� .,�.�o ,ram SI ATURE: ` ADDRESS: rqi sed to) (undecided about) t e6aa` 's ! am (in favor of) (oppo ' '_or the following reaso 1 JAM 0 3 19,9,4 f w- a SIGNATURE: ADDRESS: l 3 Ssul �Pi 760 9c,Gl� (V'lu.�-7T� —1- C)W Z)sa. a n� co REFERENCE NO. : ZA d r- e.1 o m m in e r ;A F� 2n'�-�C� o/ Gil Q�- 4 ha. Lorne / am (in favor of) (opposed t (undecided about) the request !or the following reas �T Itced SIGNATURE: L4�uz..� 44 ✓ ADDRESS: zo - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ihe following form may be filled out and mailed to the -C#.Y og,_, Southlake . CITY COUNCIL 667 North Clr—toll Avenue, Southlake, Texas 76092. REFERENCE NO. : ZA am (in favor o ) (opposed to) ( .decided about)�the r edtm'� ' !or the following asons: SIGNATURE: ADDRESS: �C f Page is too large to OCR. CITY OF SOUTHLAKE, TEXAS 1 ORDINANCE NO. 480-99 /�ek 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 APPROXIMATELY A 4.399 ACRE TRACT OF LAND OUT OF THE HIRAM GRANBERRY SURVEY, ABSTRACT 581, TRACT 1C , AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL TO "C-2" LOCAL RETAIL COMMERCIAL 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 "AG" Agricultural 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 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 C:\ORD\ZONING\480.99 Page 1 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, I 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 approximately a 4.399 acre tract of land out of the Hiram Granberry Survey, Abstract 581, Tract 1C, and more fully and completely described in Exhibit "A," attached hereto and incorporated herein. From "AG" Agricultural to "C-2" Local Retail Commercial District. C:\ORD\ZONING\480.99 Page 2 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 S. 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 C:\ORD\ZONING\480.99 Page 3 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 day of 1994. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 1994. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: C:\ORD\ZONING\480.99 Page 4 EXHIBIT "A" All that certain lot, tract or parcel of land in the H. GRANDBERRY SURVEY, Abstract 581, located in Southlake, Tarrant County, Texas, being a portion of that certain 5.732 acre tract conveyed to TRUSTEES., E-SYSTEMS, INC. POOL TRUST, by deed recorded in Volume 8205, Page 2119, Deed Records, Tarrant County, Texas (D.R., T.Co., Tx.), and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pin found for the most westerly Northwest corner of that certain 0.806 acre R.O.W. Dedication for Continental Blvd. to the city of Southlake, Texas, recorded' 1n Volume 10599, Page 1068, D.R., T.Co., Tx., said point of beginning being further described as being in the East line of that certain property conveyed to Lannie Joe Roach, by deed recorded in Volume' 6783, Page 2148, D.R. , T.Co. , Tx. , and being 0-7/10 foot West of an existing fence corner; THENCE departing said dedicated ¢ontinental Blvd,- right-of-wayj (R/W) along or near a fence and -with a line common to said East line of Roach property and West line of this tract, North 01 degree 16 minutes 29 seconds East 374-90/100 feet to a 3/4 inch iron pin found near a fence corner in the South line of that certain property conveyed to Vernis Fulmer by deed recorded in Volume 4638, Page 607, D.R., T.Co., Tx., for the common Northeast corner of aforesaid Roach property and Northwest corner of this tract; THENCE departing said Roach property and with a line common to said Fulmer property and North line of this tract along or near a fence, South 88 degrees 33 minutes 34 seconds East 561-47/100 feet to a 5/8 inch iron pin found near a fence corner in the South line of said Fulmer property for the common Northeast corner or this tract and most northerly Northwest corner of that aforesaid 0.806 acre tract R.O.W. Dedication for White Chapel Road, recorded in Volume 10599, Page 1068, D.R., T.Co., Tx.; THENCE departing said Fulmer tract and along or near the fenced West and North lines of said R.O.W. Dedication, the following: Southwesterly with the arc of a curve to the right, having a radius of 633-00/100 feet, a distance of 313-03/100 feet to a 5/8 inch iron pin found at the end of said curve (long chord bears South 17 degrees 54 minutes 17 seconds West 308-55/100 feet), South 34 degrees 43 minutes 45 seconds West 86-08/100 feet to a 5/8 inch iron pin found at the intersection of the dedicated West line of White Chapel Road with the dedicated North line of Continental Blvd., and North 89 degrees 30 minutes 29 'seconds West 425-75/100 feet to the place of beginning and containing some 4-399/1000 acres of land or 191,625 square feet. C:\ORD\ZONING\480.99 Page 5 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 1110nSTATE OF TEXAS ty of Tarrant Before me , a Notary Public in and for said County and State, this day personally appeared PENNY GRAY Billing Specialist for the Fort Worth 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 AD !NOTICE NO_1 DESCRIPTION AD SIZE i'i AMOUNT DEC 10 2592434 CL . 358 NOTICE OF PUBLIC HEAR- 1X 72L 72 . 46 30 . 96 e C 10 NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that the City Coun- cll of the City of Southlake, Texas,will be holding a public hearing during the Regular City Council meeting to be heldon December 2L 1993,be- 9innIng at 7:00p.m.the meet- ing will be held in the City Council Chambers of City Hall,667 North Carroll Ave- nue, Southiake, Texas. The purpose of the public hearing is to consider the followingor- dinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.480-99 An ordinance amending Ordi- nance No. 480, as amended, the Comprehensive Zoning Ordinanceof theCityof South- . lake,Texas;Granting a zon- N E I. , Ing change on a certain tract ortra`tsoflandwithinthe`I- THIS THE 10 h 0DgY OFDEC. 93 IdkeLAY BSCRIBED AND SWORN tyofSouthiake,Texasbeing ��/�approximately a 8.660 acre `I�'�` %.+....e,16,., tractoflandoptoftheJohnJ. NOTARY PUBLIC / ♦ _.>�r P��,� Freshour Survey, AbsiraciF �ht•-••..�� No.521,Tracts 2 AlD,and 1 J�' '•.( morefullyandcompletelyde- ?' `, scribed in exhibit"A' from 1 4.' "AG" agricultural to SF-, TARRANT COUN Y, TEXAS 30, 1A"single family residential 401,', • district subiect to the specific 1 l9ei,...F.-. requirements contained in i Niaf.i. this ordinance;Correcting the, official zoning map;Preserv- ing all other other portions of the zoning ordinance Deter- mining that the public inter- est,morals and general wel- fare- - demand the zoning changes and amendments herein made;Providing that this ordinance shall be cumu- lative of all ordinances-Pro- viding a severabllity clause; - - Providing for a qenalty for - -TEAR ALONG T violations sause� v din fog RETURN THE LOWER PORTION WITH YOUR PAYMENT----, n,.hliratinn_In_Alm nff rial REMIT TO : 400 W . SEVENTH, FW, TX 76102 Star-Telegram 9FPnIT To: - g pfpy �5X gyIpTkA�Se 361p 1-2051Fort Worth. ACCOUNT AMOUNT 2592434 NUMBER CIT57 DUE 30. 96 PAGE 10F 1 1111 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 30.96 SOUTHLAKE TX 76092-9595 THISAMOUNT1 ATTN : SANDRA L LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED