Loading...
1989-06-26 an+ CITY OF SOUTHLAKE 667 N. Carroll Avenue ZONING BOARD OF ADJUSTMENTS MINUTES June 26, 1989 7:30 P.M. Present: Chairman, Art Sorenson; Vice-Chairman, John Scoggan. Members: Jim Wooll, Robert Downard, Ernest Johnson. City Staff Present: City Attorney, Betsy Elam; Acting Zoning Administrator, Karen Gandy. The meeting was called to order by Chairman Sorenson at 7:35 p.m. awe Agenda Item #2. Adm. Comments and Approval of Minutes There were no administrative comments during this meeting. The minutes of the June 12, 1989 Board of Adjustments meeting were approved as presented. Motion: Wooll Ao Second: Scoggan Ayes: Wooll, Scoggan, Downard, Sorenson Nays: None Abstention: Johnson Approved:4-0-1 dw Agenda Item #3. Case #66. A request for appeal has been filed with the Zoning Board of Adjustments. The application requests that the building permits issued to Mr. Robert H. Lemke, for 795 Randol Mill Avenue, Southlake, be repealed. The property is described as being in the Benjamin J. Foster Survey, Abstract No. 519, Tract lAlA3A. Applicant: James Roberts, Attorney for petitioners. Public Hearing. Mr Sorenson stated the purpose of the hearing tonight is to determine the propriety of the building permits and we will hear arguments to that issue. 00 Mr.James Roberts, attorney, stated the property is adjacent to the Cross Timber Hills Addition, the property owned by his clients; Mr. OR and Mrs. Swift, Mr. and Mrs. Higgins, Mr. and Mrs. Knuff and go . Mr. and Mrs. Schnabel. The purpose of the appeal is that Mr. Lemke was in the County and annexed into the City in October, 1987. At that time he had two (2) metal buildings on the property, using them for storage of concrete supplies. Re-bar, forms, equipment, etc. He feels we must determine three (3) items: PRI 1) use on October 20, 1987. 2) what buildings were actually there on October 20, 1987. 3) they feel Lemke's intention is to expand uses for OR other businesses if he is allowed to build the other buildings. Board of Adjustment Minutes June 26, 1989 page two Agenda Item # 3 Continued Mr. Roberts stated, in order to be non-conforming, they cannot expand uses but must be the same use. According to Mr. Sorenson, it has been determined that the issue of non-conforming use cannot come up before the Zoning Board of 00 Adjustments. The issue tonight is the issuance of building permits. 0" It was established that building permits were not required, however, were issued as a formality for the city to be able to keep records of the construction, for tax purposes, and to issue 1R addresses,etc. The city would not take any action if the building permits were repealed. Mr. Lemke would be free to complete his buildings. Mr. Roberts presented a notebook to each Board Member, showing exhibits of the facts surrounding the case. NMI City Attorney, Betsy Elam stated the basis for not requiring a building permits, is that the property falls under county laws, and the county does not require building permits. When annexed into the city, a nonconforming use was established. 04 do Mr. Roberts asked that the record reflect the following questions: -am 1) In October, 1987 when Mr. Lemke's property was 00 annexed into the city, what was on the property at that time in terms of existing buildings or ,o structures. o 2) Aside from construction activities if any, related to buildings, what was the property being used for 4M as of October 20, 1987. 3) In October, November, December 1987, following No annexation, what use was being made of property. 4) Do you have any understanding of what the new buildings, which are to be constructed, are to be 60 used for on the property. 5) As far as we can tell, not having gone through Mr. AR Lemke's two existing buildings, was there a post tension cable business on the property in October 20, 1987. Was there any indication of any wood working shop in or around the premises on October 20, 1987. 6) In identification in looking at exhibits 8,9,10 & 11 of the photographs of the property, and the plan of the exhibit 13 (survey), where were the two buildings that did exist located on the property. Zoning Board of Adjustments Minutes June 26, 1989 page three NOR Agenda Item #3 Continued 7) As of October 20;, 1987, where was activity going on, on the property. 8) Looking at exhibit 13 (survey), was there any activity on the property on October 20, 1981, at the areas marked on the upper right land corner of exhibit 13, forms for concrete, concrete pad and in the lower left hand side, long rectangle marked forms. Those are generally the questions that I would ask. To show the two existing structures with activity in and around and no activity in the other areas where the proposed structures were located, that again, shows this body that the other structures are new uses. Public Hearing William Higgins- Lot 31, Cross Timber Hills He received notice from the city indicating that they could voice their views on this matter. They have not done this. He referenced the notice to property owners within 2001, stating he mailed back his notice, stating he wishes to elaborate the issues of the building permits. He stated this is a disruption of life style to many neighbors in the area. Lemke started working early in the morning until late at night. Loud noises are disruptive to small children. It is a property devaluation. He does not think they are asking irrationally. They are presenting their views because the expansion to five buildings would be much worse. They were denied certain rights by law. They are here to present their viewpoints. 60 Mr. Scoggans stated, he appreciated the views of the property owners, however, the board must uphold the law. on It is the opinion of the city attorney that the time for appeal has I long passed as far as nonconforming use is concerned. Jim Martin- 768 Bandit Trail, Colleyville He attended all the annexation hearings and all through the hearings it was stated that if there were "starts" or "contracts" in progress, the property owners could go on with their plans. He also stated that post-tension cable is part of the concrete business. ~w A Zoning Board of Adjustments Meeting June 26, 1989 page four Agenda Item #3 Continued Mary Knuff- Lot 26, Cross Timber Hills Addition In October, 1987, there were two buildings on the site, at that d0i time there was nothing going on but storage of materials. The buildings were for storage. After the first of the year, "w construction started again with three pads being put in. Her 00 property does not abut, but it is hurting her as a homeowner. By issuance of the building permits, he is going to lease the buildings out. If that is not an expansion, it is a complete new use. Rick Knuff- Lot 26, Cross Timber Hills Addition What is the reason for building permits in Southlake. He does not know how the board can look at this as anything but expansion. John Swift- Lot 32, Cross Timber Hills Addition He explained the pictures in the exhibits, as he wanted the board to be aware of where the pictures were taken. d0i Public hearing closed. Motion was made to deny the appeal and not repeal the building dw permits. Motion: Wooll am Second: Downard Ayes: Wooll, Downard, Scoggan, Johnson and Sorenson Nays: None +A Approved:5-0 vote 60 Mr. Wooll comments, it is not that he does not feel for the homeowners and he has dedicated a great deal of efforts to see that the city can avoid these situations. He spent alot of time making sure the city has the powers to annex and carry through the annexation. He did not want to put people in these predicaments. If he had his rathers, he would not put industrial in that corner of the city. He is also a believe in the rule of law. He believes in this case, that Mr. Lemke has followed the law and has exercised his reasonable rights to his property. lr The other board members agreed with Mr. Wooll's comments. an do # Zoning Board of Adjustments Minutes June 26, 1989 fto page five ark Agenda Item #4. Adjournment Motion was made to adjourn the meeting. Motion: Scoggan Second: Johnson Ayes: Scoggan, Johnson, Downard, Wooll, Sorenson .r+ Nays: None Approved:5-0 vote Art Sore s n 0011eaafr►or,p, I Chairman, Board of Adjustments SHLq'' AT EST: ,`SQ :a? goo Sandra L. LeGrand City Secretary ~~Ih1111111111~~~~ 00 arrrM 0 OR (W O r City of Southlake, Texas M E M O R A N D U M June 23, 1989' wow TO: Board of Adjustment Members r+r FROM: Karen P. Gandy, Zoning Assistant SUBJECT: ZBA #66 - - - - - - - - - - - - - - - - - - - - - - - - - - - - ZBA #66 is a request by James V. Roberts, Attorney for John and Madelyn Swift, Richard and Mary Knuff, William and Andrea Higgins, and Garry and Nancy Schnabel to repeal building permits for five (5) buildings issued r+ to Mr. Robert Lemke at 795 Randol Mill Avenue. 40 This appeal is very narrow in scope. City Attorney Olson states that the issue before the Board of Adjustment is: "Were the building permits properly issued?" Legal, nonconformity must.be assumed to apply to Mr. Lemke's property and use and is not the issue. There were nine (9) letters sent to property owners within 200 feet. To date, only one (1) written response has been received. Mr. Higgins, 1384 Lakeview Drive, was in favor of repealing the building permits .r due to violation of the zoning ordinances, noise pollution, air pollution, complete disruption of normal use of dwelling, yard, sleeping habits, etc. ~w KPG .r' AM no PR I~ Sequence of Events Leading to Appeal The Lemke property, west of Cross Timber Hills, was annexed into the City in October, 1987. Mr. Lemke built two steel buildings prior to annexation with plans to build three more buildings for use in his concrete low business. -MOM After annexation, he tried to complete construction of the last three (3) buildings and ran into obstacles. .rr The City required building permits in December, 1987. " " -..d The City issued a stop work order in February, 1988 after receiving City Attorney Boyle's opinion that the Lemke Ilk" property was not a legal, nonconforming use. ' Mr. Lemke presented documents to the City that the (5) steel buildings were contracted to be built in April, 1987 (six months prior to annexation). After further review, Mr. Boyle reversed his earlier opinion in May, 1988. He stated that Mr. Lemke's property was a legal, nonconforming use. Immediately upon receiving this opinion, Mr. LeGrand, Zoning official, informed Mr. Lemke that he could complete construction but requested that Mr. Lemke make application for each building but no fee would be required. r.w The Cross Timber Hills residents filed suit and Mr. Lemke was ordered by the court to stop construction. Judge Auld ruled that he did not have jurisdiction in this matter and that the municipal zoning ordinance had a specific procedure to follow in order to resolve this type of dispute. The residents filed an appeal to the Zoning Board of 40 Adjustment; the Zoning Official responded that the 60-day appeal period had expired and that the Zoning Board of Adjustment could not hear the appeal. 1o The Cross Timber Hills residents then requested an appeal to the ZBA in the case (#66) before you now. 44 ~I V O~ N R I W As cu N • H a Q 'M ap N S N m< F I O cm IIIH m w w h • ~ 0 N A~ M N ~1 m `C~p ~o ~3i N v ~ ~ i ~ ~ p4 N ~ t+ ~ P4 V rl d0 M3In3Nrl N w GZ LQ ~^1 00 +Gi P", on fn M EO ~ CS. o + o m 3 Q 1 m Iwo < J ` ~ /9L-- w OI w w w m Q~ C Q Q N Q N H F ~ Avm N M 7 1Y .N wn m fin ~Y M M ~ N m RR s m ¢ n i m MM Q• M U A F a < > QN - - i9ill 9 mtlt1- - - -7- - - - _314 ' WESiPARR EONP TROPHY CLUB SAM LAKE ''Moll" GRAPEVINE W = Ba BOigO O~ no 3 an JONES R0. we < JONES ~p~ ~ `ttt--~-:..•..JJ' 2 ;HOLLOW .2E~..~• CCOSE a NICK Go I POSSUM ° I f` ] e~ AVER ASWAN e A -`•m.s~ S WANE ~ S = ~ r ° 7 • P r r ` UUE/IRO LN "Not i • Wi r.►F B BR i ~ BASS ' OR - • J Y ~p11UlM~. TROUT IvY I IE LN SOUTH a JNT i t CRAPPIE TRAIL LAKE THOUSAND OAKS 7 ! • e Ww s/urxuKE~ o ' DISTRICTSIOUNO ° ~~~s, s•~rrrsi~~~~s.~~ a IO AnLANA :~•SOUTNLAKE HARBOR Hp1~ ° PK. E < < - LAKESIDE s r^ IU a BfAEIG- 4 s s, K006A'WMI sm 3 I ,7A 1 HILLSIOE OR "PEAT e- ti 2 CRESCENT OR HARBOR A„ WINO a I2 ` ] SOUTNLAKE PR-W' e 6~ BIDE TEACLT s s~ ! WRNET , 1.11 tl W 4 WOODLAND 01 d u z I I LAKESBOAE OI 114 S NILLTOP OR ~ OG ic I 14 SWEET ST cqf o < ~•GRA1L RO N 3 AN4'~e~-JA F* OUAEIRUNRO a°.~~ 4Oy REDBINDLN-S 'ate W 0 I2 - u- GENE CT TAYLOR ST w sa :Q u = e tp•EACURT DOVE ST. E FNEARED CIA- a~FVINRU4E I¢ DOVE ST- IN - mom +E~ IQ ROBIN a W CARROLL g - » 1• u tilpONOR IN a NIGH SCHOOL < ; < ~Y--~rr~Q -•t-•LA J:.fi~. MOCKINGBIRD Li i I IMTTgSY CT ifty RIPE AESY r I. . s i = i tG ~ o ' s i o v a~ a1,E•O ~ ViWBFfICTOA'J PRIMROSE IN ♦~'BC f*. JyG~ w s. WE~O~~SCEN,C SUMMITRIOGI p ; I OAKLANE. N _ -Y s° W ItR sI W !y PLANTATION N OROAKLANES , e ` rFy 4 « f SLEEPY N TR a `tpIN6 INi 3 CMRIEG 3i°~YWICK Oo <_I ~((O K IY e~ 3 e CT I CAPROCK CT i A _ ir.~~- tTUMBLEWEED CT-p, A-t 1 v o tT►RE35 _fggO 3 ° ] ROUNDUP TR ' ti - X OR 'W/ISPERIN6lN 't A LONGHORN TR ~,pO'•'! MF,fflElO ST : CT s 'DESK ESTER 5 ALICE I » $ MORE§f171 °o° . JACK D. JOHNSON v$" ~'6 THOMAS CT MIN - HIDDEN e+ 9 ELEMENTARY 7 ►ANHANDIE "T i•'+ y ` Or yO M' HIGHLAND ST.,# HIGhLANO ST-E p B BOK CANTO C •RlA FAWKESROIKIN65W000 - pOBq O'E`~W ~w~ F MESA PA T DR~ 30 0 0 DOVE CREEA t -FST CgOSS iIMBE~`~:AAY i CARROLL ~1Et5 RanLlc( is WIyF((q r ~rAOFAB~ i j MIDDLE HILLCAS~L? 7 s WILDW000 L : SCHOOL - BROOKW061 M•/i Avc.•,I . r4 'X 'p,p•c~ ~a I .~MEA00W 04, 0*P 1 e~ 'RAINTREE ;0410 - nT > GLEN i..- ENISSI RLAM0 011 LAKEWOOD~ OM NEPa~ GREEN ROUGH OR _ GLEN COVE •N (LOVE HENRY CT ^"acT1 0 3 °e i ROILING NI fr.; NNM BLLRe, Ci ot` s; _ _ _ e CETT 3 IIN ~•`'Z"'`3 ~_s a LODGE SAN sA°i', X. -'p s HALL I1A x -Z y aL y N I•RIVERSIDE I_W ~!p ° TF,A. OIIIMONO BLVO~ " s tCOLUMBUSIT WINDING' ¢ 1Ma0 BICENTENNIAL PARK 'qE0'-IL710 .LAKE BLVD.. W! qF..~p SZ° -;'~•~I.~ 1709 ' L 17~ SOUti1LARF BLVD., E I 5 ? ~ A E e4~ ► s s!'>.I, 4e I 0 qP HAF~q ( OAK KN,7t S - s 1 3 I ao' o \.GOODE PINE j PINE CT. E IAPOR T i- CTT"--•= LOOP ; $o' :LILAC.-... 3. - I Y o~W ¢ i I oo g ~ o , 6 Q W RAINBOW EKCHANGEBLVO" 00 o MIC~EI GREENWOOD ` $T ~r1A0OStri(E R > 1 0 I CREfA BRIAR „ at CONTiE AL q - CONlINf RTAI F:'JL• W 3 u `u CONTINENTAL BLVD.. E 111111 ~ G • • ue.ni °L • CARROLL =~MENTART 'VAST o°q~tl~~~♦ i xAR757 y z / 1938 ~IU/CT~4A• '6 G 3 a / I J Ae Z t t COLLEYVILLE __jaIN RD j` j OLD MILL RUN to -leoo~ CITY OF SOUTHLAKE 667 N. Carroll Avenue Southlake,Texas ZONING BOARD OF ADJUSTMENTS REQUEST FOR APPEAL 4OW 14" John and Madelyn Swift, Richard and Mary Knuff, ~.r NAME: William and Andrea_ Higgins, Garry and Nancy FEES 50.00 Schnabel ADDRESS: c/o Moore & Peterson, P.C. 2800 First City Center, Texas 75201-462F-- TELEPHONE NUMBER: (214) 754-4800 LOCATION OF APPEAL:( address/legal description) See attached Exhibit A REASON FOR APPEAL: (describe in detail) See attached Exhibit B +rr w.r DATE June 19 8 SIGNATURE: Attorney/for Petitioners ili , _ E`:!IZBZT A - LEGAL OESCRIPTrON dit BEING a tract of land out of the B. J. FOSTER SURV_ in Tarrant County, Texas, and 8 being a Page 140, Dead ABSTRACT NO. Sig Tract as recorded in volume 1 34, pa of the R. Cummings County, Texas, being described by mates and bounds as r follows: BEGINNING at an iron pin for corner, being 3195.15 feet North, 25,0 feet East, and 893.53 feet North 89 degrees 30 minutes East from the Southwest corner of said Foster Survey, also being 558.40 feet North 00 degrees 00 minutes OS seconds East and 893.53 feet North 89 degrees 30 minutes East from the Southwest corner of a 77.70 acre tract; THENCE North 89 degrees 30 minutes East 429.07 feet to an iron pin for corner in the East line of said 77.70 acre tract; THENCE South 00 degrees 44 minutes 20 seconds East along the East line of said 77.70 acre tract 558.38 feet to an iron pin at the Southeast corner of said 77.70 acre tract; THENCE South B9 degrees 30 minutes West along the South line of 77.70 acre tract 429;07 fast to an iron pin for corner; THENCE North 00 degrees 44 minutes 20 seconds West 558.38 feat to the POINT OF BEGINNING: TOGETHER WITH ANY AND ALL RIGHTS OR INTEREST WE MAY HAVE TO AN EASEMENT TO THE FOLLOWING DESCRIBED PROPERTY: 4906 Being a tract of land out of the B. J. FOSTER SURVEY, ABSTRACT NO. 519, is Tarrant County, Texas, and being.'a portion of the Z. R. Cummings Tract as recorded in Volume 1834, Page 140, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: Beginning at an iron pin for corner being 3195.16 feet North and 25.0 feet East of the Southwest corner of said Foster Survey also being 550.40 feet North 00 degrees 00 minutes 05 seconds East from the Southwest corner of a 77.70 acre tract in the East line of Precinct Line Road; THENCE North 89 degrees 30 minutes East 893.53 feet to an iron pin for corner; THENCE South 00 degrees 44 minutes 20 seconds East 2'S.0 feet to an iron pin for corner; arr THENCE South 89 degrees 30 minutes West 893.85 feet to an iron pin for corner in the East Line of Precinct Line Road; THENCE North 00 degrees 00 minutes 05 seconds East 25.0 feet to the ISO point of beginning. asp WR s' . EXHIBIT EXHIBIT B Pursuant to Section 13.2(a) of the City of Southlake Zoning Ordinance, the above listed tax paying citizens of Southlake and affected surrounding property owners are appealing the decision of the City of Southlake in regard to the issuance of building permits to Mr. Robert H. Lemke for the construction of certain buildings in the expansion of an allegedly nonconforming use at 795 Randol Mill Road. The exact date of the issuance of the building permits is unknown, but they are believed to have been issued during the week of May 30, 1989. It is the position of Mr. and Mrs. Swift, Mr, and Mrs. Knuff, Mr. and Mrs. Higgins and Mr. and Mrs. Schnabel ("Petitioners") that the construction of new and additional buildings upon the property is an impermissible expansion of an allegedly nonconforming use. The property was annexed into the City of Southlake on October 21, 1987. At annexation, the property was zoned "agricultural." At the time of the 400 annexation, two buildings had been constructed upon the property and Mr. Lemke allegedly was using those buildings in a non-agricultural manner. Petitioners believe that Mr. Lemke intends to use the new buildings to set up and begin the operation of a business to prepare post-tensioning cable, which business will consist +r~i i of cutting spool cable to appropriate lengths and attaching an anchor to one of the cables. Petitioners further believe that Mr. Lemke will begin and operate additional businesses in the n+ buildings, or will rent the buildings to others. wW At the present, the only use being made of the property is the storage of forms used in concrete sidewalk, 0 street and foundation construction, lumber as is appropriate to that business, and equipment related thereto. There is not r now, nor has there ever been, any post-tensioning cable business on the property. 1 Petitioners object to the issuance of any building permits to Mr. Lemke, as well as to any action, or inaction, which, in effect, which will allow Mr. Lemke to use the property in any expanded or additional manner. A" 0 3 5 8 r 4me 3 3 4 0/ 1 0 0 1 ~I M am do 2 - !IA i SECTION 4 - NONCONFORMING LOTS, NONCONFORMING USES OF LAND, NONCONFORMING STRUCTURES, AND NONCONFORMING USES OF STRUCTURES AND PREMISES 4.1 INTENT - Within the districts established by this ordinance or amendments that may later be adopted there exist lots, structures, and uses of land and structures which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere within the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this ordi- nance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved. 4.2 ~A-JS2"G''~ jyTt&T GXPERMITS - To avoid undue hardship, this ordinance shall be deemed to require nothing in construction, or designated use of any building or land hdevelop- ment project for which a building permit was lawfully issued i no more than six months prior to the date of adoption or amendment of this ordinance. Construction on a building permit issued prior to the adoption of this ordinance must be begun within six months of the adoption date and must be completed within two years of adoption as under Section 11.4, Expiration of Building Permit. Such permit shall not be renewed or extended without all other conditions of this zoning ordi- nance having been met. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substan- tially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved. 4-1 L■• 4.3 SIZE NONCONFORMITY OF LOTS OF RECORD - In any district in which singlefamily dwellings or commercial buildings are permitted, notwithstanding limitations imposed by other provision of this ordinance, a single-family dwelling or commercial building and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance where zoning under this ordinance is otherwise proper. This provision shall apply even though such lot fails to meet requirements for width or area, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width, and yard requirements shall be obtained only through action of the City Council. 4.4 NONCONFORMING USES OF LAND - Where, at the adoption or amendment of this ordinance, lawful cuseeofaland f exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; err b. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendme- nt of this ordinance; C. If any such nonconforming use of land ceases for any reason for a period of more than six (6) consecutive months or for eighteen (18) months during any three-year period, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located; d. No additional building not conforming to the requirements of this ordinance shall be erected in connection with such non-conforming use of land. ~ 4.5 NONCONFORMING STRUCTURES- Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location-on the lot, such structure may be continued so long as it remains WNW I otherwise lawful, subject to the following provisions: 4-2 a. Such structure may not be enlarged in a way which increases its nonconformity; b. Such structure may not be altered in a way which increases its nonconformity; c. Should such structure be destroyed by any means to an extent of more than fifty(50%) percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance; however, one family (single family) dwellings, as defined in Section 3.2.27, may be reconstructed in a way,which does not increase its nonconformity from the original structure. d. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. 4.6 NONCONFORMING USES OF STRUCTURES - If a lawful use of a struc- ture, or structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful subject to the following provisions: a. No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; 'rr b. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment for this ordinance, but no such use shall be extended to occupy any land outside such building; c. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed; d. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period, the structure thereafter shall not be used except in conformance with the regulations of the district in which it is located; 4-3 e. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the ' land. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than fifty (50%) percent of the replacement cost at time of destruction; f. Where nonconforming use status applies to a conforming structure, such use shall be immediately terminated upon transfer to another ownership or lease. 4.7 REPAIRS AND MAINTENANCE - On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixture, wiring or plumbing, to an extent not exceeding twenty-five percent (25%) of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. If a nonconforming building or portion of a building containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized City official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 4.8 USES UNDER EXCEPTION PROVISIONS: NOT NONCONFORMING USES - Any use for which a special exception is. granted pursuant to this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district only for the single property granted such exception. Any existing special use exception at the effective date of this ordinance shall be considered a non-conforming use and shall be subject to all terms of this ordinance relating to nonconform- ing uses, unless the zoning classification under this ordinance for the property to which the special use attaches allows that particular special use. ri..es. rrrrrrrrr.rwiw.. r.~..o....~..,.w....._..__ U City of Southlake 1 CITY OF SOUTHLAKE, TEXAS CERTIFICATE OF CITY SECRETARY blimayor. Johnny H. Westerholm Z ayor Pro Tern: STATE OF TEXAS tty Springer COUNTY OF TARRANT "Councilmernbers: CITY OF SOUTHLAKE im Wooll amela A Muller Sally Hall I, the undersigned, Sandra L. LeGrand City "City Manager. Secretary of the City of Southlake, Texas a municipal Lloyd o. Latta Jr. corporation, in the performance of the functions of my itySecretary: office, hereby certify that the attached, Ordinance No. 384 kandra L LeGrand is a full, true, and correct copy of the document as the same appears of record in. my office, having been passed and approved by the City Council of the City of Southlake, Texas on the Ir.'s 20th October 87 day of 19 and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Southlake, Texas, this the 6th day of March 1989 . ~~•SOV • • Sandra L. LeGrand, City Secretary a~ • ;c~` City of Southlake, Texas moo: :f. S E4ki) ,44 EXNIB~T 667 North Carroll Avenue • Southlake, Texas 76092 • (817) 481-5581 THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 384 AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY INTO THE CITY OF' SOUTHLAKE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOU14D BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("the city") is. authorized to annex contiguous and adjacent property into the City pursuant to Section 1.03 of the Southlake City Charter and Section 43.021 of the Texas Local Government Code (formerly Art. 1175, Subdiv. 2, V.A.C.S.); WHEREAS, attached to this ordinance is Exhibit "A" which shall be considered a part of this ordinance as though it was set out in its entirety herein, and is incorporated herein for all purposes and which Exhibit contains the following: 1) a service plan outlining the services which will be provided to the annexed area; 2) the legal description of the territory to be annexed and 3) two (2) maps of the annexed area; it WHEREAS, the legal description, the maps of the tract to be annexed and the service plan shall, collectively, be considered in describing and identifying the tract in question; WHEREAS, the territory described in Exhibit "A" is not part of another city, is contiguous and adjacent to the corporate limits of the City and is either surrounded by the City or is within the City's extraterritorial jurisdiction; WHEREAS, the City conducted public hearings on the annexation of territory into the City on August 4, 1987, August 20, 1987 and August 27, 1987 after publication of notice of the public hearings in the Fort Worth Star Telegram, the official city newspaper and a newspaper having general circulation in the City and in the territory to be annexed and all interested parties were permitted to be heard on the annexation; WHEREAS, the annexation of the property described in the attached Exhibit "A" is being done to promote and protect the 0 general health, safety and welfare of the persons residing in the area to be annexed as well as the persons within the corporate limits of the City of Southlake by providing the services outlined in the attached service plans as well as the protection afforded by the various ordinances, rules and regulations of the City; WHEREAS, prior to the publication of notice of the public hearings, the City Council directed the City staff to prepare service plans that provided for the extension of municipal services into each area to be annexed which plans have been on file with the City Secretary prior to the public hearings; WHEREAS, the service plan attached hereto does not provide fewer services, nor does it provide a lower level of services in the area to be annexed then were in existence in that area at the time immediately preceding the annexation or which are otherwise available in other areas of the City with land uses and population densities similar to those reasonably contemplated or projected in the newly annexed area; WHEREAS, this ordinance was read in two consecutive regular City Council meetings after giving ten (10) days published notice of the second City Council meeting which meeting provided for a public hearing and all interested persons were allowed to be heard at said meeting; WHEREAS all provisions of the Southlake City Charter and Chapter 43 of the Texas Local Government Code have been complied with; WHEREAS, the territory described in the attached Exhibit "A" is land contiguous and adjacent to the present city limits of the City or surrounded by the City, and the City Council has concluded that said area should be annexed and made part of the City of Southlake, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. Section 2. That the property described in Exhibit "A", which Exhibit is attached hereto and incorporated herein for all purposes, be and is hereby annexed and brought within and into the corporate limits of the City of Southlake, Denton County and Tarrant County, Texas, and same is hereby made an integral part hereof. W 2 11 ~ ~1 Section 3. That the owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. Section 4. That the official map and boundaries of the City of Southlake, Texas, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City of Southlake, Texas. Section 5. That the Mayor is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City of Southlake, Texas, to add the territory hereby annexed as required by law. +rr Section 6. That the Mayor is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Denton County and Tarrant County, Texas and to send a certified copy of this ordinance to the State Comptroller and the Secretary of State. Section 7. If any section, subsection, sentence, phrase; or word of this ordinance be found to illegal, invalid or by a Court of competent jurisdiction or if any WON'S territory, or portion thereof is incapable of being annexed by r the City of Southlake, Texas, for any reason whatsoever, or if this ordinance violates any terms or provisions of the City Charter, Chapter 43 of the Texas Local Government Code, or any other applicable law, such adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of this Ordinance, and the City Council declares that it would not have adopted such invalid portions and it would have adopted such remaining portions of this ordinance despite such invalidity which remaining portions shall remain in full force and effect. To this end, the provisions of this ordinance are declared to be severable. Section 8. This ordinance shall become effective after r its adoption by the City Council. PASSED AND APPROVED by the City Council of the City of Southlake, Texas, this _ day of 1987 l 16 W Ma r, ity of Southlak Texas w .moo s~ 3 iii ATTEST: 'rw City Secretary, City of Southlake, Texas bi [SEAL] i City Attorney, City of ut lake, Texas FIRST READING : Cl L L l-C~~~ 1~, 19V SECOND READING: ~9J'Z it im 4 1 EXHIBIT A 1:X11] lt]'1' TO ORDINANCE NO. ANNEXATION SERVICL: PLAN i GENERAL: This annexation incorporates an area of the BENJAMIN J. FOSTER SURVEY, ABSTRACT NO. 519, Tarrant County, Texas, referred to as TRACT NO. 18 (see attachment). SOLID WASTE COLLECTION: Solid Waste Collection service in the City of Southlake is presently being provided by Lakeside Sanitation. UTILITY SERVICE: POWER: (Texas Power & Light/Tri-County Electric) will provide power service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. GAS: Lone Star Gas will provide gas service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. CABLE TV: (Southlake Cablevision/Planned Cable Systems Corp.) will provide Cable TV service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. TELEPHONE: (General Telephone Company/Southwestern Bell alb Telephone Company) will provide service to the annexed area under terms of an existing Franchise Agreement with the City of Southlake. This will include the "9-1-1" Emergency Program. WATER: The City of Southlake is providing the water service to this area and will continue to upgrade the System in accordance with the current Distribution System Master Plan. Attached is a mile showing the System Master Plan with the ultimate water facilities for this area. JW& Aft EXHIPIT TO ORDINANCE NO. Annexation Service Plan ~w Page 2 WATER: All water system improvement within the (cont) annexation area will be in accordance to present City policy, and will occur regardless of the annexation. SEWER: Wastewater flows from this annexation will be accommodated by Septic Systems installed in accordance with Southlake City Ordinance that adoptes the Texas Board of Health Standards for the construction of private sewage facilities. This area is included in the wastewater Collection System Master Plan that is currently being studied. ROADWAYS AND ROADWAY MAINTENANCE: The proposed annexation area is essentially landlocked. Access would be provided as the area develops at the developer's expense. The city will provide maintenance to the current streets and will include them in the City's ultimate street plan for upgrade. Maintenance for new streets constructed after annexation of the rr area will be governed by present City policy and subdivision construction standards. POLICE PROTECTION: The annexed area is currently and will continue to be patrolled 24 hours per day, 7 days per week. No additional police personnel or capital expenditures are expected as a direct result of annexation of this area in providing police protection. FIRE PROTECTION AND AMBULANCE SERVICE: The annexed area is currently and will continue to be provided fire protection and ambulance servict, by the central fire station until additional substations ai c required by devel opmont in the general area of thi annexat is»,. The addi t jojail stall iny, uquipment , and capital expenses will )w i ncuj i-ed rc-gai-dl v.-;s; of the anncxat i on. W i01 I:`;11]]']7. TO 010)] HANCE No. 7C Annexation Service Plan Page 3 TIME PERIODS: (1) The City will provide police protection, fire protection, solid waste collection, maintenance of water and waste water facilities, maintenance of roads and streets (including lighting), the maintenance of parks, playgrounds, and swimming pools, and the maintenance of any other publicly owned facility, building, or service within the annexed area within sixty (60) days after the effective date of the annexation ordinance; and * (2) The City will initiate the acquisition or construction of any capital improvements necessary for providing municipal services adequate to serve the annexed area, the construction to begin within two (2) years of the effective date of the annexation I ordinance, and to be substantially complete within four and one- half (4 1/2) years of the effective date of the annexation 000~ ordinance, and the acquisition or construction of the facilities to be accomplished by purchase, lease, or other contract or by the City's succeeding to the powers, duties, assets, and obligations of conservation and reclamation districts, if any, as, may be authorized or required by law. The construction of the capital improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards 16 and practices; provided, however, the City will be deemed to be in compliance with this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. SUMMARY: Fire protection, Police protection, Water and Sewer services to the area can be provided at no direct expense to the City under present ■1 policies, ordinances, and staffing levels. All other services can be provided via Franchise Agreement with Texas Power & Light, Tri- County Electric, Lone Star Gas, Southlake Cablevision and Lakeside Sanitation, Inc. RECOMMENDED FOR COUNCIL CONSIDERATION: i Lloyd U. I' att" 1, .7] City Millia 3e) Feptember 10, 19£37 CT NO. 18 BEING a tract of land in the BENJAMIN J. FOSTER SURVEY, ABSTRACT NO. 519, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the east R.O.W. of Randol Mill Road, said point being the southwest corner of Randol Mill estates and the southwest corner of the tract annexed by ordinance No. 287 into the City of Southlake, Texas. THENCE. N 89 ° 50' 27" E along the south line of said Randol Mill Estates a distance 1308.03 feet to a point for a corner; THENCE South along the west line of Cross Timber Hills subdivision and the west line of a tract annexed by ordinance No. 51 to the City of Southlake to a point in the north line of a 60 acre tract as recorded in V. 2094, P. 39 DRTCT annexed by ordinance No. 58; ~j THENCE West along the north line of said 60 acre tract and said ordinance No. 58 tract to a point for the northwest corner of said 60 acre tract. THENCE South along the west line of said 60 acre tract and said ordinance No. 58 tract a distance of 1648.91 feet to a point for the southwest corner of said 60 acre tract. THENCE West parallel to the south line of the B.J. Foster Survey along qq a north line of the tract annexed by ordinance No. 58 tract a distance of 808 feet to the east R.O.W. of Randol Mill Road. THENCE North along the east R.O.W. of Randol Mill Road to the POINT OF BEGINNING containing 75 acres of land, more or less. to i SAVE AND EXCEPT any parcel of land within this description which has been previously annexed into the City of Southlake. s I~ f R irouR "40 Iwo MPR0VEMEHT y.r J 11' sl►'r S11 : , FAC,U, ACS 60 &R PRESSURE n#4.•, at 60 ti t C 111 . . 12 ~ t• PROPOSED Q5 MG 6 e s ELEVATED STORAGE T 60 o gll V A, iur t; f►, a ~ lp 1211 70 4 _ wll n• a j t 741 20 ) A ► • • ~ A •-abww N, tt 46 I?. PROPOSED 6 MG CAOUND STORAGE VFW' W /PUMP STATION i t' . 1 • 2 oil, r►, 41, f, we=pmt +~e 1 ra i Ir~~+pL / _ l+al"• r Al~ 1: '01 Alm ~'•Jf' 1 I r, '~S• 1~~ ~p'~~^ .L-, 1211 r lo x.~ ' ~ /1'a'1~~~'~Tti'LA. .J( ~'~±,/"~y~ ~:....r ' , - 1211 t.. ice,`,- , ~7r\ • y ;.'L.a ~ ~ ~ . N J. 4 ri r 1t 1 1~ti el 'fk •~-1~~-s'••~ •i Ti 1`~1lNN~ i J JJ~~~ a• 1 19 twl; _ ,v. h. 1211 - TV' = 0 811 2,z ~ k. t G E a 2 12 'J:~ 1 811 ~ E SO • t11 L. 1 1 1211 , 1 elp / . ..I,r r I+w , M --'RR PO S M.G. S VITO G R STQRAGE 60 ,w MP STAT,lON I 12 - 211 b •w.1, t ••t.• • •.urr1 yet •y All all P It 1t YIS•IIIY1{{i•!.1 - aa.Yl I»IY.IYIYYYYYYYa~Y »aaaaa1111 wt III Ilw I . ~il.r 1r- _ I ~ `I I _ a. I w. ~ w1 1»~ • *MIN lot Z L Tangy Ic t:S 1 1 I 1 kt+Ka na1 ' ~u lea. ! 1 L 1 1- _ ~.t 1a 1. R 74. 1 GA, a" to 7 - e.Ttr --ialal - / ~~t - •!ST Ne 1311 r 7.7-1 SURVEY ASST Nt 1604 O 1 L sea , S' SIIOV stir, •a t F _ ~~1 J~ »t•a are eee _ Gad ~Oc 1vI 'GAO ib ' y ^ ce ~HR1I~tr QQ Is \L II I y /7 I I I r NO xc 1 r M Ir Irt` Irt r, v v dl v aw ail I u a. v 1 II N I f f I o to I!4 If•I• I ~Ia '330 Ac ,rr v/c LL r ~ y I I I tai sp 84 ~1_SA, oil fsl F~ coa ' >.1. 41 I - II 1 13G ice 1 1 - 1r7 Sust1VElI •swe S21 _ e~sf^r r 11 J...-~- _ _~eat• 4' ry r ~ J WI tc t i tr to c. co I rate W ♦ _ i trot If a[ 11 I a[ ' I . V t WW►hac Hat ! 3 rat lent `I'. I f as 40 at I Ar e, r I II I C a t fl '•Ir~r r ~I ' t 3 I' t 1 _ J ~RELLER-GR•rF vrf E- ~oNNsoN ~o _~ai ~o N sol _ t : 7 30 ~ 3 1~ MI f IF Il / t t] :f 10 1 31 3t _LL i ~ i --•1- pR7c'- n! AL - *a-~ ~ ~ • KI - - S 2a~ 3r.t ; Ik ES 2a3 : I t0 &I ►'P r:#,. PC A, it Gad Et _ It _W l 1 p.D n t at I 1 YDVat 3• la n, a, 1 /3,r 13 t at / - I E ~.►9' [tip . lF A\ , to At 114 t.5 P A3 t•' I ' 1 I 1 to Ida I JOBS H I rig V.7 4 ~1,yr , r 1 V OR r 1 , - I