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Item 7BSOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT August 10, 2021 CASE NO: ZA21-0048 PROJECT: Zoning Change and Concept Plan for Ridgecrest Property EXECUTIVE SUMMARY: Hat Creek Development is requesting a 1st Reading approval of a Zoning Change and Concept Plan on property described as Tracts 1 C01 E1, 1 C01 E1A, 1 C1 E1A1, 1 C01 E1 B, and 1 C1 E1 C, Joel W. Chivers Addition, Abstract No. 350, City of Southlake, Tarrant County, Texas, located at 2645 - 2745 Ridgecrest Drive, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood #2. DETAILS VARIANCES REQUESTED The property is generally located approximately 1,225 feet north of the intersection of E. Dove Road and Ridgecrest Drive and located on 10.4 acres The purpose of this request is to develop 9 single family residential lots on 10.4 acres. Site Data Summary Ridgecrest Property Existing Zoning AG Proposed Zoning SF-1A Land Use Designation Low Density Residential Gross/Net Acreage 10.4/9.15 Residential Lots 9 lots Net Density .96 lots/acre Open Space % NA Lot Area Range 43,641 sf to 49,869 sf Average Lot Area 45,785 sf 1) Variance to Subdivision Ordinance No. 483, as amended, requiring all lots front on a street per Sections 8.01 A & 5.04, to allow Lots 8 & 9 to be accessed via a private drive. 2) Variance to Subdivision Ordinance 483, Section 5.06, Sidewalks, to allow for no sidewalk requirement along the private drive. The written opposition from property owners within the 200 ft. notification boundary is at 44.84% at the time of this report (August 10, 2021). If opposition by the property owners within the area of the 200 ft. notification boundary remains at 20% or greater, a super majority vote (6 of 7 members) of the City Council will required for final approval of this request. Case No. ZA21-0048 ACTION NEEDED: Consider approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. #2, dated July 30, 2021 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-784 Full Size Plans (for Commission and Council members only) Presentation Narrative with Variance Request Plans Corridor Planning Committee Report SPIN meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA21-0048 BACKGROUND INFORMATION OWNERS: Thomas Keen and Stephen Fertitta APPLICANT: Hat Creek Development PROPERTY SITUATION: 2645-2745 Ridgecrest Drive LEGAL DESCRIPTION: Tracts 1 C01 E1, 1 C01 E1 A, 1 C1 E1 A1, 1 C01 E1 B, and 1 C1 E1 C, Joel W. Chivers Addition, Abstract No. 350, City of Southlake, Tarrant County, Texas, located at 2645 - 2745 Ridgecrest Drive, Southlake, Texas LAND USE CATEGORY CURRENT ZONING: PROPOSED ZONING HISTORY: SOUTHLAKE 2030 PLAN: PATHWAYS MASTER PLAN Low Density Residential "AG" Agricultural District "SF-1A" — Single Family Residential District "AG" Zoning District was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Low Density Residential". The request to change the zoning to "SF-1A" Single Family Residential District which is consistent with this land use designation. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Rivercrest Drive as an undivided two-lane local street with 50' of right of way. Adequate right of way is shown to be dedicated on the plans. No sidewalks currently exist on the east or west side of Ridgecrest Drive north of W. Dove Road to the property. A 6-foot sidewalk on the west side of Ridgecrest Drive currently exists within Oak Pointe Park. A 5-foot sidewalk is required along the street frontage along the east side of Ridgecrest Drive and the private drive to the north. Case No. Attachment A ZA21-0048 Page 1 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Ridgecrest Drive is currently constructed as an approximately 24 ft. wide two-lane road with a speed limit of 30 mph. The private street to the north has a 25 ft. wide right -of way dedication with a variable constructed street lane width between approximately 10 and 14 feet. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-D since it is being rezoned. The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 12.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 73.93% of the existing tree cover, and 10.66% is designated as marginal to be preserved. UTILITIES: An existing 8-inch water line is located along the east side of Ridgecrest Drive. The applicant is proposing to connect two 8-inch water lines along the cul-de-sac and along the private drive to serve the proposed lots There is an existing 12-inch sewer line along the west side of Ridgecrest Drive. The applicant is proposing to provide 8-inch sewer connection from the cul-de-sac and along the private drive to the existing sewer line. DRAINAGE: The drainage generally flows to the east on the southern portion of the lot and north and flows north at the north portion of the property. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on July 27, 2021. A 2035 Corridor Planning Committee meeting was held on June 2, 2021. PLANNING AND ZONING COMMISSION: August 5, 2021; Approved (4-1) subject to the Staff Report dated July 30, 2021 and Concept Plan Review Summary No. 2 dated July 30, 2021, and noting the following; approving the requested variances, as requested; the applicant agrees to escrow the funds for the future sidewalks as required; the driveway for Lot 7 will be on the private drive, not onto Ridgecrest Drive; the driveways for Lots 1 and 6 would be into the cul-de-sac and not onto Ridgecrest Drive; an agreement on the part of the applicant to have a discussion with a traffic engineer, acknowledging the challenge of measuring traffic in a residential area; agreeing to mandate circular drives on Lots 7, 8, and 9; looking at options with signage for safety along the private drive; and agreeing to continue a dialogue with the residents in the area for solutions for their concerns; adding a consideration for ribbon curbs on the private drive to address road concerns and vegetation concerns; the applicant would delay developing Lots 5 and 6 until Lots 8 and 9 are developed (to allow construction traffic on Lots 5 and 6 and not Case No. Attachment A ZA21-0048 Page 2 on the private street); and the applicant's agreement to install wrought iron fencing and not a masonry wall along Ridgecrest Drive and surrounding the development. Commissioner Dyche dissented for concerns of the lots fronting on a private drive and the requested variances. STAFF COMMENTS: Attached is Concept Plan Review Summary No. #2, dated July 30, 2021. Case No. ZA21-0048 Attachment A Page 3 Vicinity Map 264 - 2745 F idge re t Drive 9trle u 5ne1 zo g 1� 9C 15d 199 17D 180 22C ,$ 17 925 3J3 125 1{3 225 ST 2eo8 MW 1 2W zM 2716 2717 1 27M El 2M 2F81 3 $ 2 c c 2M is is ]b164 1n in14 � 2617 2we 1d17 1d1i 8 26M Seo1 S2 $ CT W a $ 280 ' 9b5"r_ 17, eon ale Ica ?4+ { 18J ' 6 R� W _ __ Zoning Change and Concept Plain 3 4 090180 [dryp0 360 v Feet Case No. Attachment B ZA21-0048 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA21-0048 Review No.: Two Date of Review: 7/30/21 Project Name: Zoning Change and Concept Plan — Ridgecrest Property APPLICANT: Hat Creek Development Kosse Ma kus P.O. Box 92747 Southlake, TX 76092 Phone: 817-991-8182 Email: kosse@maykus.com Main Contact: Curtis Young Email: cyoung@sage-dfw.com Phone: 817-424-2626 OWNER: Thomas and Carolyn Keen 2745 Ridgecrest Drive Southlake, TX 76092 Phone: 817-481-3324 Email: Steve.stservices@gmai1.com OWNER: Michael and Katina Fertitta 2645 Ridgecrest Drive Southlake, TX 76092 Phone: 817-228-2805 Email: Steve.stservices@gmai1.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/19//2021 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos(@,ci.southlake.tx.us All lots must front on a public or private street built to City standards. Residential must front on a public street (Ord. 483, Sections 8.01A & 5.04). As configured on the concept plan, Lots 8 & 9 will require a variance to front along a private drive. VARIANCE REQUESTED 2. Show and label the width and type of surface for all pedestrian walks. Provide a 5-foot sidewalk along all street frontages in compliance with the Section 5.06, Subdivision Ordinance No. 483, as amended. VARIANCE REQUESTED for private drive sidewalk. 3. Verify the lot line between Lots 1 and 2 meets the radial and perpendicular requirements in Ord. 483, Section 8.01 Lotting Requirements. The line does not appear to meet the requirement. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(@_ci.southlake.tx.us TREE CONSERVATION COMMENTS: Case No. Attachment C ZA21-0048 Page 1 A Tree Conservation Plan conforming to the approved Concept Plan Tree Conservation Analysis will be required with the submittal of a Preliminary Plat and/or Final Plat. The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 12.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 73.93% of the existing tree cover, and 10.66% is designated as marginal to be preserved. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% — 20% 70% 20.1 — 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy(cD-ci.south Iake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of the construction plans. Please ensure that proper documentation is completed to specify what portion of the existing private drive the proposed HOA will be required to maintain. DRAINAGE COMMENTS: Case No. Attachment C ZA21-0048 Page 2 Please provide an Existing Conditions Drainage Area Map with the associated flow calculations. Cross lot drainage requires drainage easements to be dedicated. Is lot 2 proposed to drain onto Lot 3 and then offsite or drain toward Lot 3 and into the lot line swale toward the proposed cull -de -sac? INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist through the online Customer Self Service Portal for review: CSS (cityofsouthlake. com). Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.cityofsouthlake.com/PubIicWorks/engineeringdesign.asi) New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. *=Denotes informational comment that don't need to be addressed until Civil Construction Submittals. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(@ci.southlake.tx.us GENERAL COMMENTS: Due to the configuration of the subdivision and the private access drive for three of the residential lots, all homes must be protected with an automatic fire suppression system. General Informational Comments * It appears this property, or a portion thereof, lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 must be executed on subsequent Final Plats to be filed in the County Plat Records. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, Case No. Attachment C ZA21-0048 Page 3 and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment C ZA21-0048 Page 4 SURROUNDING PROPERTY OWNERS' MAP m ST <<m li e SPO # Owner Zoning_Physical Address Acreage Response 1. OWENS, CHRISTOPHER RPUD 333 OAK POINTE LN 0.59 NR 2. TYRELL, JEREMY SF20A 2660 RIDGECREST DR 0.48 NR 3. MARTINEZ, DORICELYS SF1-A 2555 RIDGECREST DR 1.18 NR 4. HOLLIDAY, RICHARD M SF1-A 2575 RIDGECREST DR U 5. SOUTHLAKE, CITY OF CS 500 E DOVE RD 17.52 NR 6. KEEN, THOMAS A AG 2745 RIDGECREST DR 0.71 NR 7. SMITH, KERRY LYNN RE5 2777 RIDGECREST DR 1.09 O 8. LANE, PETER RE5 2787 RIDGECREST DR 6.95 O 9. COXSEY, STEPHEN AG 2757 RIDGECREST DR 6.11 O 10. FERTITTA, STEVEN MICHAEL AG 2645 RIDGECREST DR 0.96 NR 11. OAK POINTE HOMEOWNERS ASSOCIA RPUD 2717 SUMMIT RIDGE DR 3.99 NR 12. WOSMAN, JEFFREY SF20A 2680 RIDGECREST DR 0.44 NR 13. KEEN, THOMAS A AG 2745 RIDGECREST DR 1.39 NR 14. KEEN, THOMAS A AG 2745 RIDGECREST DR 0.27 NR 15. BROOKS, KAREN DENISE AG 2640 RIDGECREST DR 1.38 NR 16. TIDWELL, ANTHONYJ RPUD 2620 RIDGECREST DR 0.65 NR 17. DERBY, GEORGE RPUD 2600 RIDGECREST DR 0.66 NR 18. SOUTHLAKE, CITY OF CS 200 E DOVE RD 19.70 NR 19. Supt of Carroll ISD NR 20. Supt of Grapevine Colleyville ISD NR 21. Supt of Northwest ISD NR 22. Supt of Keller ISD NR Responses: F: In Favor Notices Sent: Responses Received O: Opposed U: Undecided NR: No Response Eighteen (18) In Favor: 0 Opposed: 3 Undecided: 1 No Response: 14 Case No. ZA21-0048 Attachment D Page 1 SURROUNDING PROPERTY OWNERS' RESPONSES Notification Response Form ,A 1 04: Zoning Change and Concept Plan for Ridgecrest Property Meeting Date: August 6, 2021 at 6:30 PM Fill out: Owner: P L4,qr Direct questions and mail responses to: City of Sonthlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621 Fax: (817) 748-8077 Address: 11 910 4-W :S i 3AVE City. State. Zip Code; �� +�"� PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OIL HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEADING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to� undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: .�« _51 ores ; ui S -7 ,off � r.� s i +' -� L✓v t-' • Ay'. Slgneturs: t'k L , _Data: VL-1 AddHional Signawre: Date: Primed Name(s): r , Must be propertycwrnerl(s} Dtherwlseeanhbdthe PlanningDepartment. On e to rm per p ro pe rty. bons Number (optional): 151 ; mo"'i Case No. Attachment E ZA21-0048 Page 1 Notification Response Form A 1-0 048 : Zoning Change and Concept Plan for Ridgecrest Property Meeting Date: August 5,_2021 at 8:30 PM Fill out, Owner: Richard Holliday Address: 2575 Ridgecrest Drive City, State, Zip. Code:Loy! hlake, TX 75092 Direct questions and mail responses to. ity of Southlake Planning & Development Services Notification Response 1400 Maim St; Ste 310 Southlake, TX 76092 Phone; (517) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to "' undecided abou (circle or underline -on the proposed Zoning Change and Concept Plan referenced above, Space for comments regarding your position: My property is immediately adjacent to this subject and will be sharing the fence with two new proposed dwellings. I oppose the " Ornamental Fence_ I would like to maintain my/our current privacy from the proposed back yards of these (Planned) properties. -:1 would like a privacy Berm cans �Southlake (Acros the stte 11beaut and function betw 'development- Additional Signature=Printed Name(s): Aucted similar to North Park in i nny property) that provides both property and this new planned Date: Must be property owwnerla). Othetwise contact the Planning Deparbment. One form per property. Phone Number loptional): I . Case No. Attachment E ZA21-0048 Page 2 Sab)WL OMine Form Tm MMMM! P1wIY7x) BLZN V Caselnpl! h m Dwhu TIvisdaY, Augug5, 2021 1235:15 PM Planning & Zoning Case Input Form Project N ame RidgeaRmt. Dr_ - Kole Maykus development Planning & Zoning ZA214XKB Case Number Projed Location 2645 and 2745 fftmreiat I]r_ Iam: Comments I The plan shows three houses facing our private road_ This Explanation private road exists through right of way easement from 2745 and 2787 created decades ago when the primary properly was divided into tracts so that 2757 and 2777 could be accessed. Since this is a private road, we the property owners who vise it are responsible for maintenance. Adding three mare houses adds signficant traffic and wear and tsar to our driveway that we pay for. It seems obvious that nobody should have the right to impose this financial burden on us. The road is already buckling, crumbling, and sinking in places just three years after being rspaved. Additional traffic will quicken the deterioration of the naad. The road is one lane, so it is rarely a challenge for us and our neighbor. But with five households, it would be likely we would come across people entering as we leave or leaving as we enter, which means backing up onto Ridgecrest or driving on the grass_ This is an undue hass4e. Construction of houses the face the private road will put construclion equipment, like can Crete trucks, on the private road. It is not designed for that level of use. It will deteriorate quickly under that load_ Plus, there will not be roam for construction workers to park on the road since it is a single lane_ It becomes likely we will be blacked in or out at ties and have to find construction workers to move their vehicles. This is an undue waste of time and effort. In addition, we are granted the right of way easement_ It does not seem reasonable that the person purchasing the property can add nexrty subdivided properties to OUR easement. K they want to carve out an easement for newly subdivided properties, they should do it from their property and not try to take back the easement granted to us. Let them carve out 25' from the edge of Case No. Attachment E ZA21-0048 Page 3 the property south of our easement Finafly. our property has the largest shared boundary with the properly being developed. We did not receive a notif cation by mail of the plans for the develoQment_ I am fortunate my neighbor notified me last night that the plan was to impose on ou r private naad. Simply based on the cWs failure to follow due process and notify us, this item ; hould be postponed until we have sufficient ti me to prepare a response. First Name then Last lame coxsey Address Address2 Cif+} state 0 (Section Break) 2757 Mckp rest Dr F7eld not corf{nfemd. Southlake T Disclaimer This form is to provide feedback on planning & zoning -related requests. Your comments are placed in the related ease fife as a matter of public record and forwarded to the Planning & Zoning Commission and City Council 9 action is required by these bodies_ Your submission of this form shall not be considered a formal protest under Section 211. 006(d) of the Texas Local Go vernment Code unless your signature is uploaded and submitted mth this form_ Disclaimer Acknowledgment Yes, i understand Signature (For Formal SC Sillnature.pn❑ Protests) Receive an email copy of this foram Email not displaying correctly? View it in Vour browser. Case No. Attachment E ZA21-0048 Page 4 Suurhlakv Planning and ZGning Mccting Public Comment Form Pjgasc prinr. Rczurn complezed form-m Conirnission Sccr£iaj5E prior rn start of regular 4' , {{ Date. *' J wish to share my views on an A6cnda Item: �•V ' �� _ I wills cak in SUPPOlUaLhis item w T i iten] I do nor wkb oo Fpea L I wiish to rer BI MX=P-QRTT OP_P SMON Signaiure- n Requucd• Cards w11! r?or be read in fa the jem?d airless it 6 sSn ouihlakc Planning and Zoning I\'irrting Public Comment Form PleaseyAni_ Return completed form to Corn mission Scuctaryprior to start of rMular srssio amc Addre Phonc Date: I wish to share my vicws on am Agenda Ttt=at,= I Willi wi I fl)eak i` Op PPS JJQfThis iteitit t du not wish rcr speak, but wish EC, "rd rn .Signature; I Arf�n -- Require& Cydc willyot he r&td laco;/e fr is s; ned - - - -- r .... . ...�:xr:. ,s.w ,..��.:;..... .. .....:s. •:�� .. —.� .�:— ..r: :.. }f.'ri�r �.".—.. i:s �. .. �.. .. ..-rE' ... r. -:: .�'�:. :.r'n:�� Case No. Attachment E ZA21-0048 Page 5 Case No. Attachment E ZA21-0048 Page 6 ORDINANCE NO. 480-784 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 1C01E1, 1C01E1A, 1C1E1A1, 1 C01 E1 B, AND 1 C1 E1 C, JOEL W. CHIVERS ADDITION, ABSTRACT NO. 350, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 10.4 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 SITE 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, Case No. Attachment F ZA21-0048 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 whetherthese 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 Case No. Attachment F ZA21-0048 Page 2 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 described as Tracts 1 C01 E1, 1 C01 ElA, 1 C1 E1A1, 1 C01 E1 B, and 1 C1 E1 C, Joel W. Chivers Addition, Abstract No. 350, City of Southlake, Tarrant County, Texas being approximately 10.4 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: Case No. Attachment F ZA21-0048 Page 3 1. List any conditions 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. Case No. Attachment F ZA21-0048 Page 4 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 Case No. Attachment F ZA21-0048 Page 5 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 1st reading the day of , 2021 MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2021. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA21-0048 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA21-0048 Page 7 Being described as Tracts 1 C01 E1, 1 C01 E1 A, 1 C1 E1 A1, 1 C01 E1 B, and 1 C1 E1 C, Joel W. Chivers Addition, Abstract No. 350, City of Southlake, Tarrant County, Texas, being approximately 10.4 acres and being more particularly described as follows: Metes and Bounds Description Case No. Attachment F ZA21-0048 Page 8 I0,711:11-.11 M 1.1 Reserved for approved Site Plan Case No. Attachment F ZA21-0048 Page 9