CITY L, OF TYLER. PLANNEflWEEfiPMENT Tyler, TX APPLICATION. + H by: City Council RECEIVED OFFICE USE ONLY PROCESS

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1 CITY L, OF TYLER PROCESS - j MAN RECEIVED / 9 2 2mg fl \ City of Planning and Zoning 423 W. Ferguson PLANNEflWEEfiPMENT Tyler, TX APPLICATION (903) (903) fax A. All zoning is by ordinance and only the City Council has the authority to adopt or to change an ordinance. The Council has assigned the study of zoning to the City Planning and Zoning Commission, which will make recommendations to the City Council. If the Commission recommends a request for rezoning, it will not be effective until it is passed by the City Council. The rezoning process normally requires a period of sixty (60) days. B. All requests must be filed in the Flaming and Zoning Department located at 423 West Ferguson, Tyler, TX. A filing fee must be received with the completed application form. (See Fee Schedule and Deadline Dates.) The applicant must also post a zoning notification provided by the Planning and Zoning Department along with a $20 deposit that is refundable upon return of the sign. The Sign must be placed in the front yard of the subject property no later than seven days after the application has been submitted. If the sign is not posted in the required time frame, the application process will cease and the applicant will be required to reapply. C. Please have a representative present at all public hearings. The applicant has the duty to produce evidence before the Planning and Zoning Commission and City Council to justify the proposed zoning change. This generally requires a showing that conditions affecting the property have substantially changed since the last zoning classification decision of the City. D. All requests that require site plan submittals must include a hard copy site plan and digital site plan with the completed application form. p I Planning Application Completeness Planned Helga: 8. Zoning + H by: City Council Filing Review Development? g, Commission ea, 9 Acuon Notice Adm Notice P - 1O days (posted yes Sign; 15 Den'Ed days (pub! shed V I 15 days (published madam 15 days unalfiedb Development A Request More Review Ffitggfi%a :me Cny Councn Information Committee Neamg Da S OFFICE USE ONLY Zoning Application Receipt No.: Sign Deposit Receipt No.: Amount: Amount: Signed By: Legal Rev. 11/08 Planned Development Page 1

2 ' APPLICATION A. Re uestin : One Check er A lication Site Plan O Site Plan Amendment B. Description & Location of Pronertv: 1. Lot, Block and Addition (required): Led-S \ Ah 1 A 6, 3 3w 0,6,3 - A 2. Property Address of Location (required): PRESENT ZONING jg 2\ é 3906 (A, ELM PROPOSED ZONING CLASSIFICATION C; V, a, Ev W CLASSIFICATION F (A: OVERLAY (IF APPLICABLE) OVERLAY (IF APPLICABLE) AREA (ACREAGE) j. 3 A1 v AREA (ACREAGE) \. 3 A1, DWELLING UNITS/ACRE (ifapplicable) M /A C. Reason(s) for Request (please be specific): WQVD F0 9- EQJL" m 37: WT; D. Statement Regarding Restrictive Covenants/Deed Restrictions I have searched all applicable records and, to my best knowledge and belief, there are no restrictive covenants that apply to the property as described in Part (B) which would be in conflict with this rezoning request. 2i>,m, JwL a 0 'A 03 3 QNone (9% Attached Legal Rev. 11/08 Flamed Development Page 2

3 V AUTHORIZATION OF AGENT A. I (we), the undersigned, being 0wner(s) of the real property described above, do hereby authorize (please print name) Mark Priesner to act as our agent in the matter of this request. The term agent shall be construed to mean any lessee, developer, option holder, or authorized individual who is legally authorized to act in behalf of the owner(s) of said property. (Application must be signed by all owners of the subject property). (Please grim all but signature) Owner(s) Name: D0 LUSk Owner(s) Name: Address: 7107 BUflerflY Creek Address: City, State, Zip: Tyler Texas fl flfl Phone: 903~350-4ic;8 W Phone: I Signaturezw MMUM Signature: / U I C \_ ; Iusk@suddenlinkmail.com Authorized Agent's Name: Mark Priesmer Signature:W City, State, Zip: Address: 3815 Old BUHard Road City, State, Zip. Tyler Texas Phone; ; mpriestner@urban-planners.com SUPPORTING INFORMATION A. PROVIDE A SITE PLAN B- COMPLETED AND SIGNED CHECKLIST Legal Rev. 11/08 Planned Development Page 3

4 Chapter 10 Article VIII (Development Approval Procedures) Section Site Development Plan Check List Project Name: Location: 3% Z K v) Yaw M S L'fi/m Name and address of applicant and/or owner of the property Name and address of person preparing the Site Development Plan North point, scale, and location map. NQEQQQ Current zoning and proposed zoning. Proposed use. Legal description of the property (lot and block numbers if designated in plat book; metes and bounds description if any portion ofthe property does not have assigned lot and block numbers). Property dimensions ofthe site and lot area. Existing streets located within or adjacent to the subject property KERR The proposed size, elevations, location and arrangement of buildings, landscaping, screening and parking areas. The proposed arrangement of, and number of, streets, parking spaces, entrance and exit driveways, and their relationship to existing streets, alleys and other public property. EEK Adjacent properties, including the location and type of buildings and structures thereon. Any required and proposed screening walls, fences, retaining walls, headlight screens, dumpster screens or living screens. Include height and type of construction. CREW Indicate all landscaped areas. The existing topography with contour intervals no greater than five feet (5') unless waived by the Planning and Zoning Director. If development is to occur in phases, the phases which will be followed in the construction of the planned development shall be indicated on the Site Development Plan. E/ Additional requirements as to building setbacks, height and area limitations, landscaping, lighting, screening, accessways, driveways, signs or other advertising devices, and other like requirements may be imposed by the Planning and Zoning Commission for the protection of adjoining and surrounding properties. D/ Provide and complete the following charts: Site Information Property Owner Property Address Zoning (Existing) Zoning (Proposed) Developer or Architect Acreage of Project Density of Project /\4i Applicant: Date: Plan Information Parking: Landscaping: Screening: Signage: I" 2 Ia *For all requests that require site plan submittals, Requester must complete and sign the site plan checklist. Legal Rev. 11/08 Flamed Development Page 4

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7 AMENDMENT TO RESTRICTIONS WESTWOOD HILLS ADDITION STATE OF TEXAS COUNTY OF SMITH WHEREAS, by instrument dated February 10, 1964, recorded in Volume 1188, Page 390, Deed Records of Smith County, Texas, certain Restrictions were impressed upon the property described as follows: Being all that certain lot, tract or parcel of land, lying and being situated within the corporate limits of the City of Tyler, Smith County, Texas, and known as the Westwood Hills Addition to the City of Tyler, Smith County, Texas, according to the Plat thereof of record in Volume 4, Page 128, Plat Records of Smith County, Texas. And WHEREAS, the restrictions allow for amendment thereto upon majority vote of the owners of the lots in said addition. NOW, THEREFORE, we, the undersigned, being a majority of the owners of the lots in said addition, do hereby amend said Restrictions by adding a new paragraph 13 to said Restrictions as follows: 13. Lot 3, NCB 908-A, WESTWOOD HILLS ADDITION, City of Tyler, according to plat recorded in Volume 4, Page 128, (Cabinet A, Slide 288 D) of the Plat Records of Smith County, Texas is specifically exempted from Restrictions 1, 2, 4 and 5. Said tract is, however, subject to all zoning and other applicable ordinances and regulations of the City of Tyler, Smith County, Texas. This amendment to said Restrictions shall be binding upon our heirs, executors, administrators, successors and assigns. Efi ective this, é )5Tday of 1 Pg ocmé PK, Amendment to Restrictions Westwood Hills Addition Page 1 of2

8 \\\II Owner: Lot(s) Z- A Blaét. q 08 4 Block LOT 5 Woo/L 908% STATE OF TEXAS COUNTY OF SMITH (Signature) Printed Name C har/za $u~ LU-S/c. This instrument was acknowledged before me on the by Chane; Don um.,t PQ/u/Jx/x/ wax/w aturefl tedname TUDH bilawc-vlu sil. I #314,! HOLLIEH nowuu w; 34 :30 50!.1 Notary Pubflc State oftaxaa \ $4. Comm. Expires é 35 InfiRu~ Notary so No Public, State oftexas STATE OF TEXAS COUNTY OF SMITH day of lfib mb, This instrument was acknowledged before me on the 3? day of g 2E9 mbgfi, 2013 by Tudu Daflmnolusk m it p /, HOLLIE H c """" NOWUN "I ; g'snotarv Pubfic State of Texas Yaw ""5 Comm. Expires IImnWS *Wfi Notary ID Howe ) N ry Public, State of Texas AFTER RECORDING RETURN TO: LAW OFFICE OF JERRY L. NOWLIN 606 E. Crawford Street Palatine, Texas Tel: (903) Fax: (903) Amendment to Restrictions Westwood Hills Addition Page 2 of2