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480-510 OFFICIAL RECORD CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-510 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 11, SITUATED IN THE R.D. PRICE SURVEY, ABSTRACT NO. 1207, BEING APPROXIMATELY 4.02 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICUL TURAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF-IA" 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 "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 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 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 Tract 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately 4.02 acres, and more fully and completely described in exhibit "A" from "AG" Agricultural District to "R-PUD" Residential Planned Unit Development District with "SF-IA" 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: 1. Fencing to be limited to the area designated as the building pad and to be limited to wrought iron 2. revise the PUD regulations to reflect the proposed concept plan 3. subject to revised PUD regulations as presented at second reading 4. limiting accessory structures to 1,000 s.f. and requiring those structures to be made of the same materials as the home; 5. requiring all access to the site to meet Fire Department access requirements; and 6. subject to Development Plan Review Summary No.2, dated January 10, 2007: a. Provide Owner and person preparing the plan names, addresses and phone number on the plan. b. Provide a bolder line type and clearly identify the preservations areas and other stands oftrees to be preserved on the Tree Conservation Analysis. c. Label adjoining property owners, land use designation and zoning within 200'. d. Clearly distinguish the Grapevine Reservoir Flowage Easement defined by the 572' contour elevation. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading ofthis ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage ofthis ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the 2nd day of January, 2007. -~~ MAYOR -- ATTEST: ,t""""", ",\\ \J1'H "" ,'<::..0 . I ~ " ~"'o,f, ,,:..~..,..~"l:. ,,^"-::, k ~ ~'[<'" ~~'.: ";. E A il'> .~ A ~ ' ..... .. .!<I. ~ ~C3: .' :~g ~ '%. \0' /'dTY SECRETARY -;" ~fiC _ eoe .$ " ee....oc. ~ '" " "'" *** \\\\' """11111"\ PASSED AND APPROVED on the 2nd reading the 16th day of January, 2007. - ^-~~- MAYOR - ATTEST: ......~ ".." OOTH:~'"."'" ,.",,/, ~ aQ.......... ~~~ ~ Pa $' O~ .... ."IiJ''''''- ~ " 11' ~ &.... , ::s...,," ""A':. A~ =""9 ~'"": ;o! *' i~~ CITY SECRETARY ; .~. IfJ:CI.>~ ":. Q(\ .fb ~ -;, $00t:1 ~ " ~e.fe..ov .:- " " "" *** \\\\ """" 111\ 11\\ T FORM AND LEGALITY: CITY ATTORNEY or'4-o1 1-- lip -01 I,. /!j-01 DATE: ADOPTED: EFFECTIVE: EXHIBIT "A" Being Tract 11, situated in the R.D. Price Survey, Abstract No. 1207, being approximately 4.02 acres. Metes & Bounds Description of Property for .Jerry Statham Legal description of the land TRACT A: By deed can a portion of that certain 14.113 acre tract of land situated in the JOHN WlZWELL SURVEY, Abstract No. 1347 and the RD. PRICE SURVEY, Abstract No. 1003, Denton County, Texas; said tract being part of a tract shown by deed to Emma Fretwell and recorded in Volume 250, Page 178, Deed Records, Denton County, Texas and said portion being more particularly described from the RD. PRICE SURVEY, Abstract No. 1003, and the R D. PRICE SURVEY, Abstract No. 1207, Tarrant County, Texas as follows: BEGINNING at a 112" (A W) capped iron rod set for by deed call the most southerly southeast corner of the herein described subject property; THENCE: N 89E 28' 10" W 422.72 feet to a 112" (A W) capped iron rod set on the south property line of the above referenced Fretwell tract and an easterly line of Lake Grapevine Reservoir tract of which a 1" iron pipe bears S 88E 04' 24" E 5.21 feet; THENCE: N 26E 27' 46" W to.50 feet to a concrete monument numbered C-248-10; THENCE: following said Reservoir line the following courses; 1. N 6E 11' 43" E 410.29 feet to concrete monument No. C-248-9; 2. S 81E 23' 40" E 51.38 feet to concrete monument No. C-248-8B; 3. N lOE 03'20" E 119.23 feet to concrete monument No. C-248-8A; 4.$ 68E 06" 52" E 290.64 feet to a 112" Iron Rod Found, said point being point 18.05 feet along same line from concrete monument No. C-248-8; THENCE: S 02E 05' 11" E passing 78.60 feet the northwest corner of a called 26' by 210' strip conveyed from Thomas I. Powers, Jr. and wife, Chris Powers, and Delpha R. Powers to Don Burnett and wife, Patricia Ann Burnett as recorded in Volume 587, Page 63, of the Deed Records of Denton County, Texas, in all 288.60 feet a 112" (A W) capped iron rod Set for the southwest comer of said 26' wide strip; THENCE: N 89E 41' 14" E 26.00 feet to a 1/2" (AW) capped iron rod set for an "L" comer on the original common line of the Fretwell and Burnett tracts; THENCE: S 02E 13' 36" E 134.37 feet to the Point of Beginning and containing 175,147 square feet or 4.0210 acres ofland. TRACT C: By deed call a portion of that certain 14.113 acre tract of land situated in the JOHN WIZWELL SURVEY, Abstract No. 1347 and the RD. PRICE SURVEY, Abstract No. 1003, Denton County, Texas, said tract being part of a tract of land shown by deed to Emma Fretwell and recorded in Volume 250, Page 178, Deed Records, Denton County, Texas and said portion being more particularly described from the R.D. PRICE SURVEY, Abstract No. 1003 and the R.D. PRICE SURVEY, Abstract No. 1207 Tarrant County, Texas, as follows: BEGINNING at a II2" (A W) capped iron rod set for by deed call the most southerly southeast comer of the herein described property; THENCE: SOlE 59' 57" W 19.58 feet to a 1/2" iron rod found for the northeast comer of a tract described in a deed to David George as recorded in Volume 10590, Page 2077, of the Deed Records of Tarrant County, Texas; THENCE: S 89E 25' 02" W 408.29 feet to a 1/2" iron rod found in the north line of said David George tract; THENCE: S 89E 25' 58" W 60.71 feet to a concrete monument C-248-11; THENCE: N 26E 27' 46" W 30.86 feet (A W) capped iron rod set for a corner; THENCE: S 89E 28'10" E 422.72 feet to the POINT OF BEGINNING and containing 9,810 square feet or 0.2252 acres of land, more or less. I J! I I 13 I! I ~ '" 'i t! I I BI ;? i I I ! '" II !; ~ ~ ~ <::> .,,;' ~ .;;! ~-~ ! I I Jig J I ~- ~..~ i I ~ I~I~~ st, I ~~II ~ ! ~I -llu ~ (I) II I <- II I ~! .. II ~ I I I I . iJ_W I ..",........'- _. EXHIBIT "B" .., ~ I ~ ~ ~ ~ ~hl ; ;111 a ~~I~ ~ I 1:11 ~ ~ i;~1 I ~II; ; 11:1 ~ ~ ~ Q II( Common Access Easement I~--"~-i"-~. . '~~ --'~I IS ~ ~.~~kl I. ~. h. t ! J '''--I;i I} " " i Ji ~. I J; tl ~ 1~; ii~1 !Ii ~II~ i it III i ~. aliI i 111 ~ I; JI i I Ii. ~:.:::..":::: 1- _ _ a. ~ ~ .....___..- ..; ,~: .. t1~ s~t tiii/IIItII' I ~ I --~ 1111111111 ;g~~ ~'i,*.t ~ HMrtt ~I!.I i I- ~ aj:1 ~ an Ii I... 'il :l. ), '"' ~~ f:; 'It ",. c;> c:'i >D c:" 0 l;.. ..c u- N '== ~ ~I ; ~ I dl .- . 'I~~ 1 . , i ;111:'. i I: I..!I~II I-It ~I. M!I~UII. . I ~n Ii . II.. I I, ~ t ___~ .... . ~ t ---......- I liJ jf if.. "i,15 . g. .1 -Sin:; · f-p!1 "R-PUD" USES & REGULA nONS Statham PUD District The Statham PUD District will contain all of the Section II. SF-l A Single-Family Residential District (As amended by Ordinance No. 480-HHH) except for the following changes: 11.1 - No changes 11.2 - No changes 113 - No changes 11.4 - No changes 11.5 - Shall be replaced with: DevelQpment RelfUlations - In this district, the following development regulations shall be applicable: a. Height: No building or structure shall ex.ceed 45 feet. b. Front Yard: As shown on concept plan c. Side Yard: As shown on concept plan d. Rear Yard: As shown on concept plan e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding (20%) of the lot area, except the sum total of accessory buildings shall not exceed 2,500 square feet. f. Lot ~ The mjpj.mum area of a lot shall be forty-three thousand five hundred sixty (43,560) square feet. g. Lot Dimensions: No restrictions h. Floor Area: The main residence shall contain a minimum of three thousand (3,000) square feet of floor area. i. Maximum Residential Density: The maximum number of dwelling unit per acre 5haJII.0. j. All trees within the property except in the designated building pad. driveways. and 20' variance granted, shall be preserved. 11.6 - No Changes 11.7 - Strike in its entirety 11.8 - Access - Due to environmental conditions (tree presetvation and wildlife considerations), lot shall be permitted to front private access easement rather than a public street. 11.9 - Variance not otherwise stated ~ Due to environmental conditions (tree preservation) please allow for a pad, road, and driveway variance of up to twenty feet (20 ft). Received OCT 1 9 200& Planning Dept z ::s a. I- a. w u z 18 I Developornent Plan ---c~_"€) Im~ '} :j , i!!~J, U J:jf .~ .~I!~ i! ~di t ~1;ll ij lil' : PII, ! lj I ill; lhi J ill. iI' . i;,; ill! j I tHI! i I! II 1U! i.m I . I. ;lll,.l. : ~l I. hlllllJ II! I li.. t~ ~ ;.1. f l.~j ll",: ;I! ,! l~; ill" I I .!;. ,,' , I " 'i'll II ..1 l' ",. II! . 1:,11: I' !J! /1 ~W! hI'! ]1 i "hI :;..~ ~11 t 1;::b; ~'11 :: ~ 1 ~<l t .." "'" ill \1 ,4 ~ ilh! t III j ! Illll!l: ii l nil!! n HI i i "" Illi. ~111 :x:: I- ~>- z:X:: ::so.. o..~ I-(!) 0..0 wo.. uO zl- o () -:~I*'t: Ill"':'" Development Plan with Topography '.llli.'~ t",l,'llll I r,fm~1 h';; tl !Ill: f~!ri il'lI lJ~ t Inl WII l ~! '1 .. till' . .,!' Il~ ' $.....".. 1111d il 1m ui! t ~. AI. ~ .Ai ,'" Iji,; j'l!',' 'I ~Hi' !!j~:: , !! I," 'I I i!" -~ I I. "'j' ~~:i t\~ ,'i ~ . i~illl !I HI I !lU ~IH 1! 'lllE~ i 'j{~' t< ~H t ~;.. ll'll:" t,;;)l;,-,l!' - i:lIi 11 ill! ll~: ill! 11 Afli~1 lHlM I! ill j .", ihh!i I I ! i ' ~ f I' • 0 mo r Ts 13 z -4T G S 3 } ti y ;LI Ir !t 1i! t1.0ii rt"� #{t ;IP tit I i( ilrFl•••{_. �'�-. tif :�i i ti(qt ii tmi I 1101 Y A iS ip 11 J 3 s►sAituV uo!junJasuoD aaa,L INVOICE a i3ra� 4nl y Star -Telegram 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 22-3148254 Bill To: CITY OF SOUTHLAKE 1400 MAIN ST STE 440 SOUTHLAKE, TX 76092-7604 Attn Attn: ACCOUNTS PAYABLE CITY OF SOUTHLAKE ORDINANCE NO I3580 F E B 1 3 2007 OFFICE OF CITY SECRETARY THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and Stat for the Star -Telegram, published by the Star -Telegram, Inc. depose and say that the attached clipping of an advertis( LEGAL DEPT. STAR TELEGRAM (817) 390-7320 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Saturday, Fe Notary Publi, Thank You For Your Payment --------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Z or Customer ID: CIT57 Invoice Number: 279436591 Invoice Date: 1/19/07 Terms: Net due in 21 days Due Date: 1/31/07 PO Number: NO PO Order Number: 27943659 Sales Rep: 073 Description: CITY OF SOUTHLA (Publication Date: 1/19/07 iViN' 116 LINE $0.81 $93.96 OF TEX- 4 AS THIS 1ACT Net Amount: $93.96 EING AND AND DE- iISIT AG- DIS-s IAL t J IS_ FEE /00/ A I LY DIS- THE__ /EL- IN- 'UD,, AT- ETO EIAT- CT ,. CHRISTY L.HOLLgND FIC ...; MY CO TSMMISSION EXPIRES IF `_ HIS July 31, 20(lf1 tar e""= OR- OF- NG OR- iDE ' ap red Lisa Wesse an, Bid and Legal Coordinator HE t o nty, Texas; an ho, after being duly sworn, did RrE I1n he above Harped p per on the listed dates: BIDS & ment of any of the ID: provisions of this or- dinance shall be fined not more than Two • Name: Thousand Dollars 0 4000.00) for each offense. Each day .that LL a violation is permitted�umUer: to exist shall consti- tute a separate Of- fense. amount: PASSED AND AP- PROVED THIS THE ARY, D20070DURINGber. THE REGULAR CITY COUNCIL MEETING.EnelOSed: MAYOR: Andy Enclosed: ATTEST: 1 nrl Farwell, r1K secretary CIT57 CITY OF SOUTHLAKE 279436591 $93.96 NO PO