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480-503
• CITY OF SOUTHLAKE, TEXAS OFFICIAL R ORDINANCE NO. 480 -503 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 LOT 1R, ROUGEMONT ADDITION, BEING APPROXIMATELY 11.61 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING "PUD" DEVELOPMENT STANDARDS, 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 "RE" Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or Page 1 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 Page 2 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 Lot 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County, Texas, being approximately 11.61 acres, and more fully and completely described in exhibit "A" from "RE" Single Family Residential Estates District to "R -PUD" Residential Planned Unit Development District with "SF -1A" Single Family Residential District uses as depicted on the approved Development Plan, including "R -PUD" development standards, attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: Page 3 1. Requiring the deletion of Lot 8; 2. Moving the road to the south to save a pecan tree and oak tree at the entrance to the property as referenced by the developer; 3. Requiring the developer to work with the neighbors as to the location of plantings and height of berms and the locations of the plantings and berms will be determined after construction of the road and be in concurrence with the neighbors; 4. Requiring the pergola to have stone columns; 5. The iron fencing will have a minimum of 3 /4 inch gauge being heavier than what was presented in the pictures with stone columns every 30 feet; 6. Requiring no wood fencing; 7. Requiring the pond located at the front will be a retention/detention pond; 8. Stating that any accessory buildings or sports courts or other improvements will be no closer than 40 feet from the south boundary of the lots and not allowing lights on the sports courts; 9. Noting the developer has agreed to deed restrict Lot 7 to prohibit subdivision; 10. Not allowing this to be a gated community; 11. Subject to the following comments found in Development Review Summary No. 4, dated November 1, 2006: a. Show and label the survey line of the T. Beedy and C. Dart Surveys along Peytonville Avenue. Label the survey names and abstract numbers. b. c. Label the type and height of screening and fencing on the plan. d. Correct the tree preservation plan/survey to show dead trees which have been cleared and pad locations. Insure that the landscape plan matches and identifies preserved trees. e. The following changes are needed with regard to easements: i. Easements must be provided for water, sewer and/or drainage in compliance with approved construction plans. ii. Although utility easements are required along perimeter boundaries of the subdivision, staff recommends locating the easements along the street frontage and limiting the number to what is necessary to provide utility service to the subdivision Page 4 • 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 Page 5 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Page 6 SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 3rd day of October, 2006. "—'&-Th — MAYOR ATTEST: ,o ttiYeeeeedddd, , ®' SOU Tf114 4$ 0,(A: P Ei—: ..4.7•.. lc,n,s1 .-:z..31 „:„ :.::... . • ..., .. .:0.? CITY SECRETAR ,, '','Id * ** ,�����. ..unuaN.. PASSED AND APPROVED on the 2nd reading the 7 day of November, 2006. A -. MAYOR ATTEST: ,,,,teeeeeedd,,, OUTr .., sss ! , c �F i‘,04A :: ,. ~' :, m s y : s CITY SECRETARY ' • o• e� ,s,. '' �� * e * eoe ee�� ,, Page 7 APPROVED AS TO FORM AND LEGALITY: ove CITY ATTORNEY DATE: ADOPTED: j/ 07 00 EFFECTIVE: // /0 0Op Page 8 • EXHIBIT "A" Being Lot 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County, Texas, being approximately 11.61 acres. Page 9 • • PROPOSED "R-PUD" USES & REGULATIONS Residential Planned Unit Development District — Land Use and Development Regulations for La 'Mirada This Residential Planned Unit Development shall abide by all conditions of the City of South lake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF-1A" Single-Family Residential zoning district and the City of South lake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area : The minimum area of a residential lot shall not be less than thirty eight thousand (43,560) square feet. All other non-residential lots shall have no restriction on lot area. Rights of Way: The right of way to be dedicated to the City shall be forty (40) feet in width. Pavement Width: The width of all public streets shall be twenty eight (28) feet in width from face of curb to face of curb. Horizontal Roadway Curve Radii: The minimum horizontal radii of residential streets within the development shall be one hundred eighty (180) feet. Front Building Setback: The minimum front building setback line shall be set at 50' for all lots except for Lot 7, which shall be 40' minimum. Page 10 Revised Concept Plan _ " D N I 1 a 3 N I JN 1 .tvia ,�xvNiwn:ma '' v via ,uu 5 ` * . P r ,. SS ` g , 7 Q " Stue svx3i - atmos ;A V f 3 A" > �w. n� o .0 J K.L V NOISWQBf]S 4 VaVEIVi V1 A � = i o € rill �lai` l 6 -) y ! n , 1 ilEga g ,1 l ll _ iii9b ` a i ' 111 6 6z= y E — — r F a 1 N o R e b0l =anl b01.0:11 A ') 1 ,,S Vl -JS a3NOZ YI-4S 03N01 k' I W 1,153 AtllNaoo OtlVMOaa olo " I" . y ^ p er Y «L..< I 9 lutl. 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P. 1 e \ ; 1 r :0-:, ,-1 -.•,---, !-.,•1 - ,- , - 1 ' '0' i 31; g• ‘:- ( 9 ' " ••• .,,1t ' .:■•_ ';5 i '' ‘, i---. ' ,1 ' j 4 "-,----- ..i_,_,, , - ...i, - ..tv G . , ..., ,..\,.. ; - ,,,., L,„ 4.7 - Tali" - 1„,-- klbl 0 ' . ,.. t.. ; :_,!,- ; iz,i. . et 1: •=t••' "ri 1 "•-,_'_. - — - - — ---- isvatvoza >am v1-35 Cauov vOnaavtltdrin10 ' ' lout avvaTit 3rerton COOL, A..1115.Li1V0 J 1101 N001. 6 1401100V Vle1AA10 I 2002 V A..11511dbC 3 2 1.01 N301S Page 13 INVOICE Ia1 Star-Telegram Customer ID: CIT57 400 W.7TH STREET RECEIVED Invoice Number: 275503601 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/29/06 Federal Tax ID 22-3148254 OCT 1 6 2006 Terms: Net due in 21 days Due Date: 9/30/06 Bill To: OFFICE OF CITY SECRETARY PO Number: NO PO CITY OF SOUTHLAKE Order Number: 27550360 1400 MAIN ST STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLF Publication Date: 9/29/06 Description Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE Notice is he I3580 1 127 127 LINE S0.8 I $102.8 7 • CITY OF PROVIDING INTHpAAT SOUTHLAKE DH L BE CUMU- Notice le hereby given �jv- OF ALL bbyy me Cry Council of IAA E tffe City of Southlake, u FD I MN C E ' Net Amount: $102.87 Texas, that a public PR VIDI A SEE hearing will be held ERABILITY CLAUSE on October 17,2006, PROVIDING FOR lA at 5:00 p.m. or im- PENALTY FOR VIO- mediately following PROVIDING ARSAOV- the Work Session, INGS CLAUSE• during the Regular PROVIDING FOR Council meeting PUBLICATION IN to be held in the City THE OFFICIAL Council Chambers of NEWSPAPER AND Town Hall, 1400 Main PROVIDING AN EF- Street, Southlake, FECTIVE DATE. Texas.Purpose of the SECTION 7. public hearing is to Anyperson, firm or consider the second reading of the fol- corporation who vio- lowina ordinance: isles,disobeys,omits, ORDINANCE neglects or refuses to NO. 480-503 comply with or who AN ORDINANCE resists the enforce- AMENDING ORDI- ment of any of the NANCE NO. 480 AS provisions of this or- AMENDED 'THE dinance shall be fined I ..;......'. COMPREHENSIVE not more than Two :+R I CHRISTY L.HOLLAND ZONING ORDI- Thousand Dollars .: �4_ ,,: NANCE OFTHE ITY ($2,000.00) for each -v i, b, MY COMMISSION EXPIRE`.. H bRense.Each day,that ,�r, ,,+�, TE• XAS;SOUTH IN aviolation le permitted •,,,of E,• July 31,2008 A ZONING CHANGE .ifieexist shall con�_ ; THE STATE OF TEXAS ON A C TAI a separated County of Tarrant TRACT T• ANDWITHIN • � I �~w� THE CITY OF ,.....?1,ity Seontary / AS BEINGKLEGALE LY Before me,a Notary Public DESCRIBED AS LOT 1ty and State.thi •.y personally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram,publ ARDb1tIONUGEBEING gram,' Inc. ..t Fo ortti, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the c AP XI PROOM TAND an adverts- en •s published in e above named paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRA COMPLETELY DE (817) 390-7320 SCRIBED IN EXHIBIT A' FROM "RE" I SINGLE FAMILY ' RESIDENTIAL ES- TATE DISTRICT TO ned ♦ ♦ g "R-PUD" RESIDEN- TIAL PLANNED UNIT DEVELOPMENT SUBSCRIBED AND SWORN T DISTRICT WITH"SF- londay,Octobz 02, A s 1A" SINGLE FAMILY RESIDENTIAL DIS- / / DEPICTED ON THE APPROVED DEVEL- �Otgry Public �/= = �u Ar OPMENT PLAN IN- CLUDING "PUD" DEVELOPMENT AT- Thank You For Youi TACHEDRDIS-1 RT AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; COR- RECTING THE OF- FICIAL ZONING Remit To: Star-Teleg ALL OTHER RPOR Customer ID: CIT57 TIONS OF THE P.O. BOX ZONING ORDI- ANC ; DETER- Customer Name: CITY OF SOUTHLAKE MIININ HAT THE • LI INTEREST. FORT WC FOR LLS rtc i1-2051 Invoice Number: 275503601 DEMAND A ZON- ING CHAN MiSq Invoice Amount: $102.87AMENDNT HEREIN MADE; PO Number: NO PO Amount Enclosed: $ INVOICE Star-Telegram R E C E 6 V E D Customer ID: CIT57 400 W.7TH STREET " i Invoice Number: 277083091 FORT WORTH,TX 76102 (817)390-7761 DEC - Invoice Date: 11/10/06 �nnv Federal Tax ID 22-3148254 uoJ Terms: Net due in 21 days Bill To: OFFICE OF CITY SECRETARY 0 Number: NO P06 CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 27708309 STE 440 CITY OF Sales Rep: 073 SOUTHLAKE, SOUTHLAKE TX 76092-7604 rOR INA CE Description: CITY OF SOUTHLA AN ORDINANCE AMENDING ORDI- NANCE NO.480 AS Publication Date 11/10/06 Attn Attn: ACCOUNTS PAYABLE AMENDED, YHE COMPREHENSIVE , s ZONING ORDI • ' 19 "er. NANCE OF THE CITY I ,a��1 ' ;r..,�..; .� OF SOUTHLAKE�L�,,u�N.� �� TEXAS; GRANTING CITY OF SOUTHLAKE ORDINANCE NO ON ZONING G CHANGERI 1 115 115 LINE $0.81 $93.15 TRACT OR TRACTS OF LAND WITHIN THE CITY OF SBEGKLLYAINEGA DESCRIBED AS LOT ADDITIONUGEBEING Net Amount: $93.15 APPROXIMATELY 11.61 ACRES AND MORE FULLY AND COMPLETELY DE- SCRIBED IN EXHIBIT A" FROM "RE" SINGLE FAMILY RESIDENTIAL ES- TATE DISTRICT TO R-PUD" RESIDEN- TIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH"SF- 1A" SINGLE FAMILY RESIDENTIAL DIS- TRICT ON THE APPROVED DEVEL- OPMENT PLAN IN- CLUDING "DUD" DEVELOPMENT STANDARDS AT- TACHED HERETO AND INCORPORAT- ED HEREIN AS EX- HIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS THE STATE OF TEXAS CONTAINED IN THIS ORDINANCE; COR- County of Tarrant FICIALNG TZONING MAP; PRESERVING ALL OTHER POR- Before me,a Notary Public in and for said C ZONING OF oTHE day ersonally appeared Lisa Wesselman, Bid and Legal Coordinator for the Star-Telegram, published by the Star- MANING THAT THE t h in Tarrant Co ty,Texas;and who,after being duly sworn,did depose and say that the attached clipping MORALS INTEREST,GE T,r a p bllshed in the bove named paper on the listed dates: BIDS& LEGAL DEPT. STAR TELEGRAM ERAL WELFARE (817) 390-7320 I M CHANGES HAD GEE N T S �\\DEMAND THE ZON- , \\`RpS1A MAR/ Jii��� HEREIN MADE, \ •pTAR1 (Id PROVIDING THAT ` -.. :N A i THIS ORDINANCE U�.�(1)i SHALL BE CUMU- li•Q LATIVE OF ALL • 0:Z: ORDINANCES; _ �'� • SUBSCRIBED AND SWORN TO BEFORE ME,TF�,, PROVIDING A SEV-?mber 15, 2006 _ ERABILITY CLAUSE; \PROVIDING FOR A FOR VIO- LATIONS '' // i • 9� c. ...I.:- PENALTY HEREOF; n a. i •6,��,'OFT N" • PROVIDING A SAV- S •*-1/ INGSgg CLAUSE- �4 ••PRO /RES • • \� TUELICATIONFIC IN G FON /',//4, '1 1v1111111�`\\\\\\\ Thank You For Your Payment pROVIDINaVVRA•NAEF-- FECTIVE DATE. SECTION 7.Any person, firm or corporation who vio- lates,disobeys,omits, neglects or refuses to comply with or who resists the enforce- Remit To: Star-Telegram provisions aul to s,the Customer ID: CIT57 or- dinance shall be fined P.O. BOX 901051 Thousand thaDollars Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 7 offense.Each dayth' Invoice Number: 277083091 to exist sha permitted o sed tuts a separate of- Invoice Amount: $93.15 fense. PASSED AND AP- PROVED A O NO PO Number: NO PO VEMBER, 2006, DURING THE REG- " '�"" ULAR CITY COON- Amount Enclosed: CIL MEETING. MAYOR: Andy Wambsganss ATTEST: Lori Farwell, City Secretary