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480-663 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-663 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 TRACTS 1A AND 1A5, WILLIAM WINN SURVEY, ABSTRACT NO. 1660, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.748 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" 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, Ordinance No. 480 -663 Page 1 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, Ordinance No. 480 -663 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1A" 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: Planning and Zoning Commission Motion April 7, 2014: Approved (4 -0) subject to the Concept Plan Review Summary No. 2, dated April 10, 2014, further subject to the staff report dated April 10, 2014, and approving the variance requested Ordinance No. 480 -663 Page 3 subject to the applicant's installation and maintenance of the access easement and turnaround consistent with City standards for access of the property by emergency vehicles. City Council Motion at 1 reading May 6, 2014: Approved on consent at 1 reading (7 -0) noting the approval of the requested variance to Subdivision Ordinance No. 483 to allow the lot to front on Maranatha Way. City Council Motion at 2 " reading May 20, 2014: Approved at 2 reading (7 -0) subject to concept plan review summary No. 2 dated April 10, 2014 and approving the variance for the lot not fronting a public right of way. Revised Concept Plan Review Summary No. 2 dated April 10, 2014: 1. This tract of land does not currently front on a public street maintained by the City of Southlake. Maranatha Way is considered a private street and was put in place prior to annexation of this property into the City of Southlake. Any new construction, platting or subdivision of this property will require that the lot(s) front a street in accordance with the City's Subdivision Ordinance No. 483, as amended. Please be aware that a condition of approval for properties on this street and similar streets that are not maintained by the City is that the property owner acknowledges that he or she will be responsible for maintaining the street as needed. A Variance request letter has been submitted to allow the lot to front on Maranatha Way and the letter acknowledges that emergency access meeting the minimum City standards will be provided by the property owner. 2. Driveway Ordinance No. 634, Section 5.3c, as amended contains the following language, which will apply to driveway access to Davis Blvd. c. ACCESS TO MAJOR STREET FACILITY: Driveway access to a residential lot from any major street facility shall not be permitted unless that iot has no other public access. If such a driveway is approved on a major street facility, an off - street maneuvering area approved by the Director shall be provided to ensure that vehicles will not back into the public street. Driveway access to a residential lot from a collector street may be denied if either (a) the lot has access to a local street or (b) the proposed access would create a traffic flow or safety problem unless there is no other access. Tree Conservation /Landscape Review TREE CONSERVATION COMMENTS: 1. One tree in front of the proposed house is in the area to be graded. Please show the tree in red as "To Be Removed" or in yellow as "Marginal ", which are trees that are to be saved if possible, but which may have to be removed. * The proposed construction complies with the existing tree canopy preservation regulations of the Tree Preservation Ordinance. Sixty (60) percent of the existing tree canopy is required to be preserved and approximately seventy -seven (77) percent is Ordinance No. 480 -663 Page 4 shown to be preserved. BUFFERYARD REQUIREMENTS: 1. A 15' — Q type bufferyard and associated plantings are required to be provided along the west property boundary abutting the Davis Blvd. right of way. Existing tree credits may be taken for required bufferyard plant material if the existing trees are in healthy condition and within 50' of the required bufferyard. Please provide the Bufferyard Summary Chart below on the Concept Plan. • Public Works /Engineering Review GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * This tract of land does not currently front on a public street maintained by the City of Southlake. Maranatha Way is considered a private street and was put in place prior to annexation of this property into the City of Southlake. The property owner is responsible for repairing and maintaining Maranatha Way. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: htto://www.cityofsouthlake.com/index.asox?N1D=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SANITARY SEWER COMMENTS: 2. Public sanitary sewer system is not provided to this area and residence will require private septic system. * Water lines cannot cross property lines without being in an easement or right of way. * Water meters and fire hydrants shall be located in an easement or right of way. Ordinance No. 480 -663 Page 5 DRAINAGE COMMENTS: 1. Provide a driveway culvert to ensure positive drainage along the bar ditch. Driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer. 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. Ordinance No. 480 -663 Page 6 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 ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Ordinance No. 480 -663 Page 7 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 reading the 6 day of May, 2014. MAYOR ATTEST: H " 4. •• • r • J h O• 1f • • A A ; • -t Y • I CITY SECRE Y = ;v .•• . PASSED AND APPROVED on the 2" reading the 20 day of May, 2014. . / 0 OP MA OR ATTEST: 4 • • ti • � o : s ; --,.. ill er ..... i tatA:1 0 .c -11:61 CITY SECRETA • '••..... "• Ordinance No. 480 -663 ��������� "��, Page 8 APPROVED AS TO FORM AND LEGALITY: aft CITY ATTORNEY / DATE: O$I Ni51 Pi! ADOPTED: 05 / 114 EFFECTIVE: 0 5 1'D-.3 ► Ordinance No. 480 -663 Page 9 EXHIBIT "A" Being described as Tracts 1A and 1A5, William Winn Survey, Abstract No. 1660, City of Southlake, Tarrant County, Texas, being approximately 3.748 acres, and more fully and completely described below: BEGINNING AT A CAPPED IRON PIN (LBS) FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED IN THE SOUTH LINE OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING LOCATED 182.46 FEET NORTH AND 30.00 FEET NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST FROM THE NORTHWEST CORNER OF SAID JOHN CHILDRESS SURVEY, ABSTRACT NO. 263; THENCE NORTH 88 DEGREES 51 MINUTES 00 SECONDS EAST 356.67 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453 TO A CAPPED IRON PIN (4277) FOUND IN THE WEST LINE OF MARANATHA WAY, A PRIVATE STREET, SAID POINT BEING THE SOUTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 14589, PAGE 453; THENCE SOUTH 429.06 FEET ALONG THE WEST LINE OF SAID MARANATHA WAY TO A CAPPED IRON PIN (4277) FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. D212026603, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 88 DEGREES 51 MINUTES 00 SECONDS WEST 386.55 FEET ALONG THE NORTH UNE OF SAID TRACT OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D212026603 TO A CAPPED IRON PIN SET IN THE EAST R.O.W UNE OF DAVIS BOULEVARD FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO. 0212026603; THENCE NORTH 344.00 FEET ALONG THE EAST R.O.W. LINE OF SAID DAVIS BOULEVARD TO A CAPPED IRON PIN (PRECISE) SOUTH 89 38 SECONDS 30.06 TO BEING DESCRIBED; APPEDIRON PIN (PRECISE) FOUND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 07 MINUTES 19 SECONDS WEST 85.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 3.748 ACRES OF LAND, MORE OR LESS Ordinance No. 480 -663 Page 10 I o. u i m o o c PRECINCT LINE ROAD! us co us • 0017 H1210N I o`q CITY LI • as CITY LIMIT LINE - WESTLAKE u 93id�ID O� CITY LIMB LINE - SOUTHLAKE Rl CITY LIMIT LINE - WESTLAKE w " � , / // / . / 7 ✓ i 1 r f / MIT LINE - SOUTHLAKE i, / /' / / /' /i r M..BL.LOnON � � o + I � . ' r ., .., a u w��J - GNJ n I Co 5 r y aj 9 43 66 1 - iSli _ 1 � •, 9 i b �' C ^ i ZI r I � � ta a CO l ��r o z pO � ��d �. . � i p � l 1 � .l 9 lll '"�r ''A`9 /,P � u U �' �c��. VI,� f � � . I . I I� 4 J � -, 1T W rn D F -I �' . krr- -- — . 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AR 1 AK 10• -.,, __-.__ -__ .. . - - I ,._. - - -- --- , . ____ ____ _ --- - 2 3.748 ACRES ---, -r- k,4 oi .„..„.. .___ , 5.2 :c■Ic ° - . .. --. m 16. -- ----.-----.--- ll'--- 0 , - S (.) 8 ■ Or,. 4 , . Ns.. C4,.. L 1 e . - ' _I- C) r —cc) ■iirir i .AK e.• kl-1 et 'MC 9* 4 D'C_O lat CAN 24' 4' (7) OX24•CEDis? OL.M ,, MO Es . am 2X12® 41 " &DARBY.: 0 LA rDAR 3%14' hr 6' EL ---7 ELX K 8',E A stm h ,, - leiN ese.e - .• Ell - ,r7c , " " 0" -- - .1.1 0" , ,'.7 7 .11 .1 '_ . *Affro . '0"0 , ..1.1, K EPE 1.510,..0WRietirifelt Ye't;-;-.f - 1 1 ‘."'Zi0.0 .V11016. Er . H 6. .14" S8851'' 386. 11 i i l Ordinance No. 480-663 Page 12 Tree Coverage Plan 3 � 9 it s 51'00"E 356.67 _,_,�.F 2k, ,„,:„ l � o °It *''''' '1-1-'''''7 7 .': : : - : 0 , --. W 0 S8�'S "E ; � :\,).41 �s tii 30 .06 j 1 i f ___ — 7___ _ , /___ 3 _ _ - 7 .---7- 0 �� = = - LOT 5 ` 9.748 ACRES ' ? U Is. tit i ti Z. U 4 '1 IT $ 1 sr �/ CO „' • 1 .., - - 588'51'00 3ab. w Ordinance No. 480 -663 Page 13