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480-803 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-803 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 11A02A, THOMAS M HOOD SURVEY ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT,AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" AGRICULTURAL DISTRICT under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a Ordinance No. 480-803 person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake,Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces,and protection of public health by surfacing on all parking areas to control dust;effect on the promotion of health ad the general welfare;effect on light and air;effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS,the City Council of the City of Southlake,Texas,does find that the changes in Ordinance No. 480-803 zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population,and facilitates the adequate provision of transportation,water, sewerage, schools, parks and other public requirements;and, WHEREAS,the City Council of the City of Southlake,Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tract 11 A02A, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, from "AG" Agricultural District to "SF-20A" Single Family Residential District, as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit"B", and subject to the following conditions: City Council Action: June 6, 2023; APPROVED (5-0) at 1st Reading on Consent Agenda. June 20, 2023; APPROVED (6-0) subject to Staff Report dated May 12, 2023, and Site Plan Ordinance No. 480-803 Review Summary No. 1, dated May 12, 2023, noted approving as presented for approval of the Zoning and Concept Plan from Agricultural (AG) Zoning District to SF-20A Single Family Residential Zoning District, with the finding the zoning change would bring the lot closer to conformance with the Land Use Plan. Revised Concept Plan Review Summary Planning Review No Comments Reagan Rothenberger, AICP Planning Manager Phone: (817) 748-8195 E-mail: rothenberger@ci.southlake.tx.us Tree Conservation/Landscape Review 1. Please provide a color Tree Conservation which complies with the Tree Conservation Plan submittal requirements of the Tree Preservation Ordinance 585-E. Information required for Tree Conservation Plan: Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. 2. Provide on the Tree Conservation Plan the existing tree cover preservation calculations. Existing Tree Cover% Existing Tree Cover To Be Removed % Ordinance No. 480-803 Existing Tree Cover 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 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 cover on the entire site Minimum percentage of 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. Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartinccD_ci.southlake.tx.us * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review GENERAL COMMENTS: 1. An Engineered grading and drainage plan will be required with the plat submittal, and/or for a new residential building permit. Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendv aAci.southlake.tx.us Ordinance No. 480-803 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements( ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments * The Development Review Committee(DRC)has determined that this pre-submittal is sufficient for formal consideration by the Planning and Zoning Commission (P&Z). * No review of proposed signs is intended with this plan.A separate building permit is required prior to construction of any signs. * All development must comply with the Drainage Ordinance No.605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat that conforms to the underlying zoning of the site 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. • In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * 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 other Ordinance No. 480-803 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 Ordinance No. 480-803 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. 480-803 PASSED AND APPROVED on the 1st reading the 6th day of June, 2023. • J,sN�AKE , M' '�R J`` �O co •, 9S4TTEST: l %J •••••* S CI le RETARY PASSED AND APPROVED on the 2nd reading the 20th day of June, 2023. • _ `� •; J : ATTEST: :714._ t - ,4 alak 0•••• ii• * ‘ CITY S.S.W.4 TARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: is 12v 73 EFFECTIVE: le,att r3 Ordinance No. 480-803 EXHIBIT "A" Tract 11A02A, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, and located at 610 Shady Oaks Drive, Southlake, Texas. Ordinance No. 480-803 EXHIBIT "B" IT WALL BE THE PULL RESPONSIBILITY or TI.E BUILDER TO VERIFY ALL ASPECTS OF 11415 PLAN AND ADJUST F REQUIRED 5. U.E. N00*18'33"W 95.10' ‘ TT 11 7 App, 1 '4959 1 -v. Nek H Li 1 itifiN i uj ' cc' to' Ini —1 :1;2 10 i If iii* — I i i A v DPr> rII 1 1 : it 0. 11111tri — :IJO In r-- r's :94 •4-•• i •. E .I. .,.' ,,1..:, ,,.1::;7/7/7/777" cn , • --.- ., .- ,-::.-, / '777 co ia -215iil ("A 7 0 I MULTI ,:).'4 STORY v/ oi 1 ccl I i FRAME 5RI / I RESIP4 E.' I AI/ .0. :::. A •,. -' cn 05 CV C•1 e Z ire ditilA/I;41114.111.'.....i. L --J-__-- ----------- 1-- --L--- I 35. B.L ' iADDITIONAL c At DRIVE AND 3;i040-2nEEN.".-, 410 I Altu tib4o, PLOT PLAN of SOCr19'27''E 95.20' SCALE fle = 1 114°- IFIT--- PEDEV. . ......-: .-.-: - °III' . GI/ COUNT IRr ROAD 3123 . -i ..- - "'•"" ,./ 1..tvs \\ \ (SPADY OAKS DRIVE) PLAN: MILLER DATE: APRIL 20,2023 COUNTRY ROAD 3123 (SHADY OAKS DRIVE) ,--,40w.CIESIVI TEAM Ordinance No. 480-803 6/21/23,9:57 AM Adportal Self Service Advertising Confirmation THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a confirmation of your legal placement.You will also receive an email confirmation. ORDER DETAILS PREVIEW FOR AD NUMBER IPL01281310 �l I I Order Number: IPL0128131 Order Status: Submitted Classification: Legals&Public Notices Package: FTW-Legal Ads Final Cost: 161.68 Payment Type: Account Billed User ID: IPL0024584 ACCOUNT INFORMATION I I CITY OF SOUTHLAKE IP 1400 MAIN ST STE 440 SOUTHLAKE,TX 76092-7604 817-481-1745 dmarino@ci.southlake.tx.us CITY OF SOUTHLAKE I ! TRANSACTION REPORT Date June 21, 2023 10:57:26 AM EDT Amount: 161.68 SCHEDULE FOR AD NUMBER IPL01281310 June 23, 2023 Fort Worth Star-Telegram i I � I https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=122139&retumto= 1/9 r 6/21/23,9:57 AM Adportal Self Service Advertising Confirmation ORDINAN E-NCL.48.-8OQ " AN ORDINANCE .AMENDING ;NANCE 'COMPREHENSIVE� 0 , ASEI�Dr THE ZONING ORDI- NANCE OF THE CITY OF SOUTH- LAKE, TEXAS; CRAI\ITINC A .ZONING CHANGE ON:. A CERTAIN TRACT OR TRACTS OF LAND WITHIN 'THE CITY ' OF SOUTHLAKE TEXAS BEING LE- GALLY .D.ESC.R1BFr) AS LOT 4 O.W. KNIGHT SURVEY NO. 899 ADDITION, CITY OF IJTHLAI ,. TAR RANT COUNTY, TEXAS BEING APPROI-- I" IATELY .98 ACRES, AND MORE FUL- LY AND COMPIETEL`( DESCRIBED IN. EXHIBIT ta,ry,ra i " F 2 B-" SINGLE FAMILY RESIDENTIAL DISTRICT T "$F-30"` :SINGLE FAMILY RESIDEN , TIAL DISTRICT;:_ As DEPICTED ON THE APPROVED CONCEPT PLAN AT- TACHED HEREI 0 AND INCORPORAT- ED HEREIN AS EXHIBIT: I`3 x.SUBJE0T TO THE SPECIFIC REQUIREMENTS CONTAINED IN "TIT ORDINANCE; CORRECTING THE OftICIAL ING ..Ii AP; PRESERVING ALL. OTHER PORTIONS .OF THE :ZONING ORDI- NANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS .A +ID GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMEND- MENTS HEREIN E; PROVIDING! THAT THIS ORDINANCE SHALL BEI CUMULATIVE OF ALL ORDINANC- ES; PROVIDING A SEVERABILITY CLAUSE,PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PR VID-. ING A.:SAVINGS,CLAUSE; PROVIDING FOR PUBLICATION. .IN THE OFFICIAL_ NEWSPAPER; AND PROVIDING AN EREG DATE Section 7 Any person, firm or corporafOr who VIOlate , disobeys, ,Onilts, neglects or refuses to comb with or who resists! al 1' x r r al https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=122139&retumto= 3/9 '—6/21/23,9:57 AM Adportal Self Service Advertising Confirmation me: enforcement cat any OT tree royt-. sions of this ordinance'shall be fined not more than Two Thousand Dollars ; ( ,QUO.00) for each offense. Each day that a Oblation !s pentitted to ex- l 1st shall ebn$tltute a separate O fense. POSED AND APPROVED on the 2hbil. reading ON THE 20T DAY OF DUNE. j 202 . I l C RDINANCB A MENDIN O DIH , NANCE NO: 80, AS AMENDED„ THE! COMPREHENSIVE ZONING RDI I , NAN E OF THE CITY .OF : L TH- j Ukl<E TEXAS; GRATIN AZONING1 CHANGE ON A.. CERTAIN TRACT. OR. TRACTS C:F LAND WITHIN THE OF SO THLA E TEMS BEING IlLEGALLY DESCRIBED AS TRACT 111.. O , THOMASM I :D uI ' fit'. B T CT NO. 708, QITY OF SOUTH- LAKE, TAR RANT COUNTY, TEXAS: HAND MORE FULLY AND `IP -, L'Y DESQRI ED IN EXHIBIT 'IA" FROM I"AG" AGRICULTURAL DISTRICT TO :SINGLE FAMILY RE IDEN !PAL DISTRICT. AS DEPICTED ON TIE APPROVED CONCEPT T PLAN , T=- I I TACHED H -.O AND IN R F -- ! !ED HEREIN A IBIT V SUBJECT! ECT! 11TO THE SPECIFIC REQUIREMENTS I !CO . .IN IN THIS ORDINANCE;. 'CORRECTING THE !!OFFICIAL O . ! IING MAP; PRESERVING, ALL OTHER! PORTIONS OF T -IE ZONING !ORDII- 1 !SCE;. DETERMINING ....T TkE;1 PUBLIC INTEREST., dli ! A !GENERAL E DEMAND THE j ZONII G CHANGES AND MEND! MENTS HEREIN MADE; PROVIDING . i THAT THIS ORDINANCE SI-ALL BE !CUMULATIVE OF ALL ORDIN . - I ES PROVIDING SEVER BIL i CLAUSE; PROVIDING I FOR A PER' LT I !FOR VIOLATIONS HEREOF-F PRO IB-. th NCC9 A SAVI ,t(S (I At I P. ppt nnim https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=122139&retumto= 4/9 6/21/23,9:57 AM Adportal Self Service Advertising Confirmation ' FOR PUBLICATION ,IN THE FPI IAL r . PAP E: ; AND PROVIDING 1EFFECTIVE DATE. I Section 7 13 Any person, firm or Porpor4tion. who i violates, disobeys, &nits, neglects er 1 y refuses to comply with Or who resists !the enforcement, .of any of the rovi- I 'signs of this ordinance.shall. be fined notmore than T o Thou and Dollars (2 QO 0 for each offense. Each day that a violation is p=e rm itted to ex- E ist Shall constitute separate offense: r PASSEDANDAPPROVED on the 2nd reactin ON THE ROTH DAY OF JUNE 112023. MAYOR: J HN HUFFMAN C j I AUE T: Y H „ CITY EQ ! ;REAR' 1 • i k 100.00000 Publication Qate$ E https://placelegal.mcclatchy.com/legals/fortworth/home/confirmation.html?id=122139&returnto= 5/9