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480-794 ORDINANCE NO. 480-794 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF PROPERTY DESCRIBED AS LOT 1R1, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICES DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "CS" Community Services District under the City's Comprehensive Zoning Ordinance; and, Ordinance No.480-794 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Ordinance No.480-794 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as portion of property described as Lot 1 R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas being approximately 5.358 acres, and more fully and completely described in Exhibit "A" from "CS" Community Services District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Ordinance No.480-794 • Variance to Tree Preservation Ordinance 585-E to allow removal of existing trees greater than the required 70% preservation rate, as per the Tree Conservation Plan. There is 19.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. A maximum of 18.57% of existing tree cover is proposed to be preserved and 27.77% is proposed as "Marginal" to be preserved. The applicant has stated that the steep slope of the site will require overall grading of all but the perimeter, so interior tree preservation is not possible. City Council: 1st Reading: June 7, 2022; Approved (7-0) at the 1st Reading, subject to the Staff Report dated May 31, 2022 and the Concept Plan Review Summary No. 2, dated May 13, 2022; and approving the variance to the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585 — E and approving of the tree preservation plan as presented; and also noting, we are approving the overall fencing plan for the project as presented tonight to include the applicant's agreement to include an 8 ft. board-on-board cedar fence on north and east boundary as represented tonight. 2nd Reading: June 21, 2022; Approved (6-0) subject to the Staff Report dated June 14, 2022 and the Concept Plan Review Summary No. #2, dated May 13, 2022; with regards to the variance, we are granting a variance to the existing tree coverage preservation requirements of the Tree Preservation Ordinance No. 585-E and approving the tree preservation plan as presented; and finally noting that the replacement fence on the north and east boundary will be 8-feet in height. Planning Review 1. Provide a small scale location map. Tree Conservation/Landscape Review 1. The proposed existing tree cover preservation does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 19.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. A maximum of 18.57% of existing tree cover is proposed to be preserved and 27.77% is proposed as "Marginal" to be preserved. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table Ordinance No.480-794 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree Minimum percentage of cover on the entire site the existing tree cover to be preserved* 0% — 20% 70% 20.1 —40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. * A drainage easement is required between Lots 1 & 2 and Lots 5 & 6 * A private drainage easement is required along the rear of Lots 5 through 9. * A sewer easement is required within Lot 4. * Please ensure that there is adequate separation between the proposed fire hydrant and the proposed sewer manhole. *=Denotes informational comments that will need to be addressed on the first Ordinance No.480-794 submittal of the Civil Construction Plans. Fire Department Review FIRE HYDRANT COMMENTS: Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with sprinklered and un-sprinklered homes. (Add a fire hydrant between the two indicated on the plan to meet the necessary distance requirement) General Informational Comments No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. • All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. • All lighting must comply with the Lighting Ordinance No. 693, as amended. • All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water& Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment 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 Ordinance No.480-794 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 Ordinance No.480-794 balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. Ordinance No.480-794 PASSED AND APPROVED on the 1st reading the 7tt' day of June, 2022 el 1A1(E3 . Fes O ', ATTEST: '',,, .... '* ‘,' CITY CR RY PASSED AND APPROVED on the 2nd reading the 21st day of June, 2022. V ()).-. C.--..-- ,., ,SAKE.,,,,, MA �O. -y ATTEST: •:�J• .... 0.. .`� CI S �' : TARY '''ft-iiiiriii* °\``` APPROVED AS TO FORM AND LEGALITY. CITY ATTORNEY DATE (P d aa- ADOPTED: (9 I D-11 a?- EFFECTIVE cQp l Ordinance No 480-794 EXHIBIT "A" Being described as portion of property described as Lot 1R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas, being approximately 5.358 acres and being more particularly described as follows: METES AND BOUNDS DESCRIPTION 5.358 ACRES OUT OF LOT 1R1, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION IN THE W.W. HALL SURVEY, A-687 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS All that certain 5.358 acres of land, out of the Lot 1R1, Block 1, Southlake Assembly of God Addition, recorded in Document Number D210148766, in the Plat Records of Tarrant County, Texas (P.R.T.C.T.), in the W.W. Hall Survey, A-687, City of Southlake, Tarrant County, Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a 1/2" iron rod with a cap stamped "LBS 3946" found for the southeast corner of said Lot 1R1, Block 1, Southlake Assembly of God Addition, common to the southwest corner of Lot 11, Chelsea Park Addition, recorded in Document Number D212052879, P.R.T.C.T., and in the north line of Lot 3, Block 1, Chapel Downs Addition, recorded in Cabinet A, Slide 386, P.R.T.C.T.; THENCE South 89° 25' 15" West, along the south line of said Lot 1R1, Block 1, Southlake Assembly of God Addition, common to the north line of said Block 1, Chapel Downs Addition passing a distance of 377.83' a 1/2" iron rod found for the common north corner of Lot 6 and Lot 7, of said Block 1, of said Chapel Downs Addition, continuing for a total distance of 565.17', to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the southwest corner of the herein described tract, common to the northwest corner of said Lot 7, Block 1, Chapel Downs Addition, and in the east right-of-way line of North White Chapel Boulevard (right-of- way varies); THENCE North 00° 37' 13" West - 358.82' along the west line of said Lot 1R1, Block 1, Southlake Assembly of God Addition, common to the east right-of-way line of said North White Chapel Boulevard, to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the most westerly northwest corner of the herein described tract; THENCE North 89° 22' 46" East- 189.85' across said Lot 1R1, Block 1, Southlake Assembly of God Addition, to a 1/2" iron rod with a cap stamped "SPRY 5647" set for an angle corner of the herein described tract; THENCE North 00° 06' 42" West - 81.70', continuing across said Lot 1R1, Block 1, Southlake Assembly of God Addition, to a 1/2" iron rod found for an angle corner of said Lot 1R1, Block 1, Southlake Assembly of God Addition, common to the southwest corner of a tract of land described in the deed to John A. and Helen L. Madden, recorded in Volume 6521, Page 621, in the Deed Records of Tarrant County, Texas (D.R.T.C.T.); Ordinance No.480-794 THENCE North 89° 39' 38" East - 118.51' along the south line of said Madden tract, to an angle corner of the herein described tract, common to the southeast corner of said Madden tract, from which a 5/8" iron rod found bears North 27° 20' West— 0.31'; THENCE North 89° 26' 32" East - 256.16', along a north line of said Lot 1R1, Block 1, to a 1/2" iron rod with a cap stamped "LBS 3946" found for the northeast corner of the herein described tract, common to the northwest corner of Lot 13, of said Chelsea Park; THENCE South 00° 36' 36" East - 440.06' along the east line of Lot 1 R1, Block 1, common to the west line of said Chelsea Park Addition, to the POINT OF BEGINNING and containing 5.358 acres of land. 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W l� r. �$ e Y �!° a gv. .--.I _.-....------ W _ + L__-_ �ti -1t —� _._--- --1 TY%GL C LOT SERVICE ONNECTIONS • 1 !`1#I — � On•ILNY MI 1 t •L.+- 7 utILRY SECTION ! :ai `•• j/—.xT 1 OOVE CREEN MAH. CONSTRUCT ION WATER IALS AND 1ETNm5 SHALL BE PER NCTCOG \ rx.--1 STANDARDS AS ALENDED BY THE car OF SDIffILAHE SALTDESIGN STANDARDS AND DETAILS c1.uz Ordinance No 480-794