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Item 6B9 CASE NO: ZA21-0058 SOUTHLAKE PLANNING & DEVELOPMENT SERVICES STAFF REPORT September 28, 2021 PROJECT: Zoning Change and Concept Plan for Pemberton EXECUTIVE SUMMARY: DeCavitte Properties is requesting 2nd Reading approval of a Zoning Change and Concept Plan on property described as Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of Southlake, Tarrant County, Texas, located at 603 N. Kimball Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood #4. DETAILS The property is generally located at the southeast corner of the intersection of N. Kimball Avenue and Still Water Court. The purpose of this request is to develop 6 single family residential lots on 3.749 acres. OptionSite Data Summary — Pemberton Concept Plan Option A Existing Zoning AG Proposed Zoning SF-20A Land Use Designation Medium Density Residential Gross Acreage 3.749 Residential Lots 6 lots Density- DU/Gross Acre 1.60 Open Space % NA Average Lot Area 24,348 sf At the September 7, 2021 meeting the developer presented two concept plan options to City Council, as recommended by the Planning and Zoning Commission. Option A was a 6-lot configuration in which the street provided a through connection from Still Water Court to Cotswold Valley Court. Option A was the applicant's preferred option. There was one variance associated with is option A as described below. Variance — The proposed street R.O.W. does not meet the minimum 50 ft. width at its connection with Cotswold Valley Ct. Cotswold Valley was approved with a 40 ft. R.O.W. The proposed Pemberton Drive transitions from a 50 ft. R.O.W. to a 40 ft. R.O.W. to match up with the Cotswold Valley Ct. (Concept Plan Option A) Case No. ZA21-0058 Option A Plan — presented 9/7/21 L.B.D. ®f�CdSPPY u —7- STILL WATER COU _ — - ------� Z gI _ �ml l l 20,111 stE I I a I Zoning:SF20A MENUM � I Zoning:SF-IA, RT "°" _ i I 1 3 Zoning:SF-IA 2 DMAM REMBEMBAL 31k778 t. �� Variances to Option B: _ r,��Gix FGSCf�C�P�4V�L rTp1.E Zoning:RPU�— E>� SOLD COURTALLEY`. I{16'.=IEuuu LYJ 11 fr� : -`— Zoning:SF-IA i �wo.E DINSM FESI MAL 1) Perpendicular lot lines Lots 3 and 4. The side property line between Lots 3 and 4 is not perpendicular the street. Section 8.01.D: All side lot lines shall be perpendicular to the ROW lines or radial in the case of a cul-de-sac or curvilinear design. 2) Street frontage Lots 5 and 6: Lots 5 and 6 do not front on a public street or private street, both front on an access easement (Ord. 483, Section 8.01.A). If required to provide a street, a minimum 5 ft. sidewalk is required along the street front. (Ord. 483, 5.06) Option B — presented 9/7/21 {•---------------- 41 %LYL•L Ir ul Tf Lt LL55� - + At the September 71h meeting, City Council considered the rezoning request (option A and option B) and received public input. This item was table until Case No. ZA21-0058 the September 21st meeting and the City Council requested that the applicant present additional options at this meeting. The following are the concept plan options that were presented by the applicant. Below are the options presented at the September 21 st meeting. Please note that all options are provided as attachments to the staff report. Concept A is the plan recommended for approval by the P&Z Commission and was presented to City Council at your last meeting (9/7/21). A variance to the roadway width as described earlier is still applicable for this option. 1f GATEWAY WaIIYI Fence 0la4ram LASES PA Z mne SFMA Zanmg SFWA IF�F AC L,llL-MG ACG tree � T ioB� L.V.➢. MEWiM I _ C�P'�Il?' E41[CVl1F� 7 '96'.5Y-IA I an.t\I -- Z.N:SF•IA ' LII.¢=1®lal l,$F I L.V.Y.-MLMM , _ _ ___ SnnY4:5P] I • �- r �� Mg1YH!'ML ''4'^ 6 0mamental Iron ~Fence _ fV`JII r �IkM4I Lu.o—LMN_" LYuI.-MIp:➢U®( -I I 6 r ➢MAYI'ly „e Zmdrg:SP1 _ 1 W' r! ApFYvt: E1 M o =N.,uliiA _�8E&wcd'na, r.u.n.-nMoluk i uLRTALrPY • «— Case No, LA21-0058 tr w Concept Plan A V(Imberton Samuel Freeman S.irvey, AhLrac[ rvo. A-5)5, Tmrt SaL 3, Liry r,f Sorithlake, h.uam Cnu My, Texac q.L.Make, T--Co,,,y, Texas Concept B indicates a separate entry off of Kimball Avenue, with no street connection to Still Water Court. The plan shows six (6) SF-20A lots, the first 4 of which could be accessed off of Still Water Court. This concept would require the lot adjacent to the SF1A/Low Density land used property to the west to be expanded to 30,000 sq ft or for the zoning to be modified to an RPUD — Residential Planned Unit Development and a regulation for lot 4 size to be provided. Case No. ZA21-0058 t :14- Case No. ZA21-0058 sell L. F9 io m Conce t Plan B OPEN SPACE — 3.93% P Penlbcrton Concept C also eliminates the through street and brings a short cul-de-sac from the south, accessing three lots (Lots 4, 5 & 6), with 3 lots (Lots 1, 2 & 3) fronting on Still Water Court. Lot sizes 1 and 6 will need to be increased to meet the 20,000 square foot SF-20-A minimum. - MLV -,.. u l a L� d ~ ' I -- � ----------------- Ilk —m Concept Plan C OPEN SPACE -10.57% Case No, ZA21-CO53 11"villbertion Case No. ZA21-0058 Concept D -accesses property only from the south with lots backing up to Still Water Court. The lot count is increased from 6 lots to 9 lots. This concept would require changing the zoning from SF-20 to an RPUD to accommodate the lot sizes less than 20,000 square feet with a variance to the open space requirement. Concept E provides an "eyebrow" cul-de-sac off of Still Water Ct. with a landscaped median open space lot. Lots 1 & 2 would front directly on Still Water Ct. and lots 3, 4 & 5 would orient toward Pemberton Ct. Lot 6 would "front" of the end of Cotswold Valley Ct with a 20' access easement along the common property line of Lots 2 & 5 to access the "eyebrow" cul de sac. A "driveway gate" at the Cotswold Valley Ct. frontage, would be installed to restrict any traffic from Estancia through this lot, to Still Water Court. This concept would likely require a variance to public street frontage for lots 4 and 5 unless the "eyebrow" cul de sac is accepted as a public street. L.U.0.=IYO®IMF `r. �E��I LN.O.=MEWNM 1 b------------------ I A�menmeL 3' �^ • ✓J � '`, � �i Zvi.. ' k ��31 � _ 1�91o®IpIpL II =,1�; Case No. ZA21-0058 Concept Plan E OPEN SPACE=4.01% Pemberton Case No. ZA21-0058 At the September 21, 2021 City Council meeting, Option A was the preferred option in the motion for approval, passing (4-3). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 4, dated September 28, 2021 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-786 Full Size Plans (for Commission and Council members only) Presentation Narrative and Variance Request Concept Plans Corridor Planning Committee Report SPIN meeting Report STAFF CONTACT: Ken Baker Patty Moos (817) 748-8067 (817) 748-8269 Case No. ZA21-0058 OWNERS: APPLICANT: BACKGROUND INFORMATION Sicem603, LLC Dean DeCavitte PROPERTY SITUATION: 603 N. Kimball Avenue LEGAL DESCRIPTION: Tract 5A03, Samuel Freeman Survey, No. 525 Addition LAND USE CATEGORY CURRENT ZONING PROPOSED ZONING: HISTORY: SOUTHLAKE 2030 PLAN: PATHWAYS Medium Density Residential "AG" Agricultural District "SF-20A" — 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 "Medium Density Residential". The request to change the zoning to "SF-20A" Single Family Residential District which is consistent with this land use designation. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows N. Kimball Avenue as a divided 4-lane local street with 88' of right of way. The N. Kimball Avenue right -of way was provided with the street expansion. Still Water Ct. is a 2-lane local street with a 50- foot right-of-way. The new proposed street (Pemberton Drive) connection from Still Water Ct. to Cotswold Valley Ct. will be a 50-foot right-of-way with be dedicated with this development. The Pemberton Drive right-of-way will be reduced to a 40-foot right -of way near the Cotswold Valley Ct. connection. The applicant has requested a variance to allow this right-of- way reduction. MASTER PLAN: There is currently an existing 6-foot sidewalk on the east side of N. Kimball Avenue. The applicant is proposing 5-foot sidewalks on the south side of Still Water Ct. and along the Pemberton Drive 50-foot right-of-way and 40- foot reduced right-of-way connection. A portion of this southern 5-foot sidewalk on each side of Pemberton Drive will be located within a 5-foot sidewalk and utility easement adjacent to the existing Cotswold Valley development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Currently, N. Kimball Avenue is an 88-foot, 4-lane divided arterial. Still Case No. ZA21-0058 Attachment A Page 1 Water Court is currently constructed as a 30 ft. wide local street within a 50-foot right-of-way. Cotswold Valley Ct. is a 2-lane 40-foot wide right -of way street with a cul-de-sac with a 55-foot radius and a 40-foot right-of-way stub out at the north end of the cu-de-sac. 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 preservation of existing tree cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 30.31 % of existing tree cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. A total of 63.99% of existing tree cover is proposed to be preserved, and 20.41 % is designated as marginal. UTILITIES: An existing 8-inch water line is located along the north side of Still Water Ct. and an 8-inch line extending to the north property line at the Cotswold Valley Ct. cul-de-sac. The applicant is proposing to connect an 8-inch water line at the 8-inch waterline in Still Water Ct. along the east side of Pemberton Drive to the 8-inch water line at the Cotswold Valley Ct. cul-de- sac. There is an existing 10-inch sewer line along the west side of the Cotswold Valley Ct. cul-de-sac. The applicant is proposing to provide 8-inch sewer connection from the Cotswold Valley Ct. cul-de-sac north along the within Pemberton Drive to Lots 2 and 3. DRAINAGE: The drainage generally flows to the east on the southern portion of the lot and flows north at the northwest portion of the property. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on August 10, 2021. A 2035 Corridor Planning Committee meeting was held on June 2, 2021. PLANNING AND ZONING COMMISSION: August 19, 2021; Approved (6-0) subject to the Staff Report dated August 13, 2021, and the Concept Plan Review Summary No. 2 dated August 13, 2021; approving the requested variance; and noting the applicant's willingness to present at least one alternative for the roadway or access to the lots to City Council. CITY COUNCIL: September 7, 2021; Approved (7-0), tabling this item to September 21, 2021. September 21, 2021; Approved (4-3) at 1S' Reading, subject to the Staff Report dated September 17, 2021 for Option A. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 4, dated September 28, 2021. Case No. Attachment A ZA21-0058 Page 2 Vicinity Map Pemberton 603 N. Kimball Avenue R fJ 1112 77A4 11# 11GE F $# 20,3 E KIRKWOOD :naa �101 2 2121 2J0, 1 W S� V. a a P E 321E 22E, 22E5 MIN 22,9 W 7 S2 N12 i 24JE 24d 24E0 25d7 Sdii REENBOU E]ENB Ly 1 21-0 1 2110 2427 1 2Q1 1 2511 2M 2,08 d y 210E 9 ZA21-0058 -' Zoning Change and } Concept Plan D g0180 360 v Feet Case No. ZA21-0058 Attachment B Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA21-0058 Review No.: Four Date of Review: 9/28/21 Name: Zoning Change and Concept Plan — 603 N. Kimball Avenue APPLICANT: DeCavitte Properties Dean DeCavitte / Curtis Young P.O. Box 92446 Southlake, TX 76092 Phone: 817-946-0346 Email: dean.decavitteC@gmail.com / cyoungp_sage-dfw.com OWNER: Sicum603, LLC Dean DeCavitte 603 N. Kimball Ave. Southlake, TX 76092 Phone: 817-946-0346 Email: dean.decavitte@gmai1.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/2/2021 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(o-)ci.southlake.tx.us Proposed Concept Plan, Option A: 1. The proposed street R.O.W. does not meet the minimum 50 ft. width at its connection with Cotswold Valley Ct. Cotswold Valley was approved with a 40 ft. R.O.W. The proposed Pemberton Drive transitions from a 50 ft. R.O.W. to a 40 ft. R.O.W.to match up with the Cotswold Valley Ct. VARIANCE REQUESTED 2. Correct the density. It should be 1.6 du/ac. 3. All development must comply with the underlying zoning district regulations. Option B (as requested by P&Z 8-19-21) 1. Subdivision Ordinance 483, Section 8.01, Lotting Requirements: a. The side property line between Lots 3 and 4 is not perpendicular the street. Section 8.01.D: All side lot lines shall be perpendicular to the ROW lines or radial in the case of a cul-de-sac or curvilinear design. (Variance Requested) b. Lots 5 and 6 do not front on a public street or private street, both front on an access easement (Ord. 483, Section 8.01.A). If required to provide a street, a minimum 5 ft. sidewalk is required along the street front. (Ord. 483, 5.06) (Variance Requested) 2. Additional information for tree conservation, drainage, and utilities will need to be provide and reviewed by staff. 3. All development must comply with the underlying zoning district regulations. Case No. Attachment C ZA21-0058 Page 1 Informational Comment: No formal staff reviews were performed on Options C - E. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin ci.southlake.tx.us TREE CONSERVATION COMMENTS: The proposed preservation of existing tree cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 30.31 % of existing tree cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. A total of 63.99% of existing tree cover is proposed to be preserved, and 20.41 % is designated as marginal. 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 reserved* 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. LANDSCAPE / BUFFERYARDS COMMENTS: The minimum of a 10' — B Type bufferyard and associated plant material is required to be provided along the west property line adjacent to N. Kimball Avenue * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA21-0058 Page 2 Public Works/Engineering Review Sandy Endy, P.E., Civil Engineer Phone: (817) 748-8033 E-mail: sendy(a)ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. Sidewalk widths shall conform to the Southlake Pathways Plan. WATER AND SANITARY SEWER All public utilities shall be located within right-of-way and or a dedicated utility easement. DRAINAGE COMMENTS: Lots 3 and 4 may require a drainage easement along the rear of the lot due to the adjacent creek. Per the Drainage Ordinance, the drainage easement shall be of sufficient width to contain the ultimate 100-year storm plus one foot of freeboard. INFORMATIONAL COMMENTS: Submit 22"x34" civil construction plans and a completed Construction Plan Checklist to the Public Works Department through the online customer self service portal located here: 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.asp 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. NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements(a)ci.southlake.tx.us Case No. Attachment C ZA21-0058 Page 3 GENERAL COMMENTS: Option A: No comments based on submitted information. Option B: 1. An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000 square feet, excluding porches and patios. 2. Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of the residence if it is not protected with an automatic fire suppression system and within 250 feet of all exterior portions of the structure if it is protected with an automatic fire suppression system. 3. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 31 feet wide, back of curb to back of curb. Surface must be capable of supporting apparatus. (A minimum of 85,000 pounds GVW) (A vertical clearance of 14 feet must also be provided) General Informational Comments It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require an avigation easement on the final plat and construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. 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, 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 ZA21-0058 Page 4 SURROUNDING PROPERTY OWNERS' MAP o�2200 04 m �v Y R 1 $ o fl a C14 M co CD C14 a1 os fls o SOU THLAI(E G r m r r u rn 121 0 2212 0 e' as 2204 2203 g 8 so y z21s CD CD 92d $ CD w 2201 2205 2209 2213 q 0 92a m 1001 91B Lu 1 2p q w Y 17 912 202a o J a z m J 13 9a$ z9a9 `p% 2025 � 00 >- o _j 2021 Y rn L7 MO �S z Ch n {A cc 2200 22042 2000E JIE KIRKWOOD BLVD201,2101y 141 m AAA 37 2131 2121ti 2001 t n S as 04 RE w [ �hfOLa LN m o 9 m o o ell O A cow 6 ni SPO # Owner Zoning Physical Address Acreage Response 1. AZAMAR, PETER SF1-A 780 SHADY LN I 0.35 NR 2. AZAMAR, PETER SF1-A 800 SHADY LN 0.69 NR 3. GATEWAY CHURCH NRPUD 700 N KIMBALL AVE 3.66 NR 4. J & A FRITH PROPERTIES SOUTHLA SP2 584 N KIMBALL AVE 0.47 NR 5. JAD LAND MGMT LLC SERIES SP1 630 N KIMBALL AVE 0.58 NR 6. LEE, K WAYNE SP2 578 N KIMBALL AVE 0.50 NR 7. CARRASCO JEREMY & ANGELA REV SF1-A 616 SHADY LN 0.86 NR 8. AZAMAR, PETER SF1-A 780 SHADY LN 0.28 NR 9. AZAMAR, PETER SF1-A 780 SHADY LN 0.52 NR 10. AZAMAR, PETER SF1-A 800 SHADY LN 1.32 NR 11. SOUTHLAKE, CITY OF SF1-A 840 SHADY LN 0.42 NR 12. SOUTHLAKE, CITY OF SF1-A 840 SHADY LN 0.82 NR 13. OATES, CINDY ZIGLAR SF1-A 712 SHADY LN 1.32 NR 14. CITY OF SOUTH LAKE TZD 932 GLEN LAKE DR 9.62 NR 15. WALTZ, THOMAS I SF20A 12212 STILL WATER CT 1.01 NR 16. TAYLOR, DEBORAH R I SF1-A 1610 SHADY LN 0.86 NR Case No. Attachment D ZA21-0058 Page 1 17. INGUYEN, DAN DINH I SF20A 12208 STILL WATER CT I 0.92 O 18. VU, JON I SF20A 1801 N KIMBALL AVE I 1.05 O 19. AMOS, JAMES H I SF20A 12204 STILL WATER CT I 1.27 NR 20. DENMAN, GARRY SF20A 12200 STILL WATER CT 1.03 O 21. SHARMA, ARVIND RPUD 2236 COTSWOLD VALLEY CT 0.26 NR 22. BALDWIN, RICHARD RPUD 2200 COTSWOLD VALLEY CT 0.27 NR 23. ASHER, GREGORY B RPUD 2244 COTSWOLD VALLEY CT 0.27 F 24. RAHMAN, MADIHA RPUD 2240 COTSWOLD VALLEY CT 0.34 NR 25. LO, CHAKYAN RPUD 2232 COTSWOLD VALLEY CT 0.25 NR 26. SMITH, MICHAEL J RPUD 2208 COTSWOLD VALLEY CT 0.24 NR 27. CURRENT OWNER RPUD 2204 COTSWOLD VALLEY CT 0.25 NR 28. CURETON, RICHARD RPUD 2229 COTSWOLD VALLEY CT 0.38 NR 29. BAYLOR UNIVERSITY I AG 603 N KIMBALL AVE 3.70 NR 30. DOLL, PAUL G I RPUD 12237 COTSWOLD VALLEY CT 0.41 NR 31. 579 KIMBALL LLC RPUD 2221 COTSWOLD VALLEY CT 2.76 NR 32. GILMAN INVESTMENTS LLC SP2 590 N KIMBALL AVE 0.55 NR 33. J & A FRITH PROPERTIES SOUTHLA SP2 596 N KIMBALL AVE 0.31 NR 34. J & A FRITH PROPERTIES SOUTHLA SP1 620 N KIMBALL AVE 0.77 NR 35. Supt of Carroll ISD NR 36. Supt of Grapevine Colleyville ISD NR 37. ISupt of Northwest ISD NR 38. ISupt of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-nine (29) Responses Received within 300': In Favor: 2 Opposed: 2 Undecided: 0 No Response: 25 Responses received outside 300 ft.: In Favor: 0 Opposed: 3 Undecided: 0 Position not selected: 1 Case No. Attachment D ZA21-0058 Page 2 SURROUNDING PROPERTY OWNERS' RESPONSES WITHIN 300 FT. Notification Response Farm A l -405$: Zoning Change and Concept Plan for Pemberton Meeting Date: August 19, 2021 at 6:30 PM Fill out: OWn9r: Garry Haman Address, 2200 Still Water Court City, State, Zip Code: Rnathlake, TX 76092 Direct questions and mail responses to: City of Southlake Planning & DoVelopment Services Notification Response 1400 Main St, Ste 310 Southlake, TX 76092 Phone: (817) 748.8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF TKE SCHEDULED PUBLIC HEARING. Heing the owners) of the property so naked above, are hereby in favor of o osed to indccided about (circle or underline cne) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: The zoning change requested at ThursdAy August 19, 2021 6:30 meeting. This ChanKe will impact two Gm�uuiLies at the expf:mHe of the Homaowaer o benefit the Developer. Signature: Data: 8-11-2021 Additional Signatum. Date: Printed NoMO(S): carry b Eat v Deiman Must be properly ouner(s). Otherwise contact the Planning De partrnekit. One form per property, Phone Number{optional); Case No. Attachment E ZA21-0058 Page 1 Notification Response Form ZA21-0058: Zoning Change and Concept Plan for Pernberton Meeting Date: August 19, 2021 at 6:30 PM Fill ^11f. Owner: , 2n I rYV 0 10tel 1rin -Loan /fiQD Address: , rZ 0 Y �h�/ Wa 4Y (.0., f J City, State, Zip Code: S2 t� I, bef, T-1 7Ga f; Direct questions and mail responses to: City of Southlake. Planning & Development Services. Notification Response; 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 748-8621:_ Fax: (8.17)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed t undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: to$nonf& CL9Mf"yNdYy shoulk-yip Ae dwrt GuI.loo-lA-c-s to ewefsak e.%�1ef r� Auk eesah fo& he res 6r/clel Glue to zit Creafr•,u &i-Z--a• Rr+�,S �t p�PDnf�%s WhG'11 y h cy WoYf�l? Gr' AC h�Q�r� G atu fP rain �ai'rt+�Q 0 � cliYOscK ji � d.ye �a//i+sen 74 I a LI igna re: Date: p0 o x /II Additional Signature' ` Date, �' Printed Name(s):"_�ju P _-__r,7ac� /I%gvye(4 lRay Itr�r��T �70 Must be property owners). Otherwise contact the Planning Department. One form per properly. Phone Number (optional): Case No. Attachment E ZA21-0058 Page 2 Notification Response Form 21-005 ; Zoning Change and Concept Plan for Pemberton Meeting Date: August 19, 2021 at 6:30 PM Fill out'. Owner: Gregory Asher Address: 2244 Cotswold Valley Ct City, State, Zip Code: Southlake, TX 76092 Direct questions and mail responses to; City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 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 OW11e.rf.sj 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: My w ife and I own props rty immed iately adjacent to the developme nt proposed by de Cavitte Properties- We favor small neighborhoods with an eclectic v ibrance rather than a homogeneous mass of monotony. We support of the proposed plans as prese nted at the zon ing commission meeting- In fact, my wife was even in favor of adjustments as necessary to our property to avoid the waive r that the Comm issian approved - Before we bought our property, we reviewed current zoning and future land use plans for Southlake. We also reviewed water drainage and fleod plains, and this led us not to buy property in Pattersan's Pond —the pond bothered us. We talked to our developer for the then Hillman's property as we planned to buy adjacent to said property. We learned there were discussions between bath our developer and the original developer with Mr. Hillman to buy the property. ND deals were made due to aski no price- That would have extended our cu I- de -sac and put a backyard fence along SUI I Water Ct. This means that there were nD plans for that land to be part of the Patter5Gn's Pand HOA- Our developer told us there were no guarantees what will happen to that property. We beug ht adjace nt to the lot k nowi ng the future was uncertain. The prese nted plans of DeCaritte Properties are a nice Future. We do not favor a new cul-de-S ac with a new entra nee an al ready busy Kimbal I (that, needs a pedestrian crosswalk at Kirkwood for the nearby mild le school). We da not favor a stu b street with two homes in our neighborhood and Four homes oMa the other. Thatwaukt be a plan homeowners in Estancia would vote against as those two homes would simply be out-oF-place. We favor all six homes making their own new small neigh borhood. Per plans show to us by DeCavitte Properties, a through street is the best solution. No one in ou r neigh barhood that I have talked with has abjjections. We are happy to have the pro finally derelaped and are happy with the developer to be. Estancia objections would be filed if it were changed per Pattterson's Pand HOA o q tion We support the plan as presented. Signature: Date: 8127f2021 Additional Signature; I Date; Printed Narne(s); Gregory ,fisher Must be 1)roperty owner(s), Otherwise contact the Planning Department. One form per property. Phone Number (optional}: 817 291 1989 Case No. Attachment E ZA21-0058 Page 3 September 26, 2021 RE: ZQ1-0058 Pemberton Option A"IN FAVOR" Ratty/ Ke n; My name is Dayna Doll, My husband, Paul, and I live at 2217 Gotswolti Valley Court in Estancia. We have lived here since 2012 and were one of the first horneownersto move into Estancla. We had the oppoetunity to meet with Dean DeC2vitte of DeCavltte Properties several rnonths ago to view his ideas for the new Pemberton, We were eycited to see that the property next door to us was going to be developed, Since moving into Estancia in 2012, vve have struggled to control the unwanted rats, possums, snakes, etc. coming from #hat property- A5 HCA president of Estancia and a homeowner whose property wiII be directly impacted by the development, we would like far the couneiI to know #hat we are 100% "in FAVOR of OPTION A." Thanks far your time! oyl� Z— 'r—P2 Dayna and Paul Dail (281) Z17-1170 Case No. Attachment E ZA21-0058 Page 4 9 .! Ste: 1TI--[L 1}E Public Comment Form TEXAS Your participatign in all pubNomeetings i9 valued arrdcitwen9 wishing to expre59lheir views ran ekLororlically submit this Public Comment farm for any topic or agenaa item. Please specify where you would like VDvr pomment9 to appear b.elpw and enter the required information, t"`All C4mmen#s mull he !�uhmrtted by Fp;RD tx,rR. 4n the meeting date and will be PCQV'jQ0 fQr the iecord—) COVIa1$ PUBLIC MEETING PROTOCOL Citizens have the option la watch the City Council ar PZ Commssion rn"tings online -or an the cahk channel rather than in person due to coriciams reJated to th6e spread ai COVII-1S. Citaerls wishing io address the City may subirmt C6rni" Nr7ts on any Topic or agenda nem electronicalry by utilizing this Puhdic Cornmeni Fom7 t]ib14w. Public Meeting oa4e W2112M Board M90ingk C.� rRUncil FISI ar.1 I asi Name DAN NGU YEN � laarc:c 22[7� $iItl 4Valer �F rnp.m 4698345702 F n:a.i k,mloan_ngnQHotmRll Corn wish to snare my views on an Agenda Item: nda Item No.: rR c : . I will Zpoak in SVPPDRT of this ittm �• I will speak in OPPOSMON is this item I do not wish ir. Speak, put plOadi(; roCord my Comments: I lns:s an oprGrl�nry Inn' is" echedJed W a F+ is rLesnng or r 1a inAi is r .. a.. iha I support concept 6 of the deyOoper+t Iprppmak I wish For the cul da sac on Still Mier CI % remain eepsraie from the now housing devskipment with na drive Irimugh WOO or hoMigs front facing -%N IliWatm Ct. ;3011 oharsobr kmkj $Igndtu re; h Aw,AR/YFAI Case No. Attachment E ZA21-0058 Page 5 RESPONSES OUTSIDE 300 FEET Notification Response Form ZA21-0058: Zoning Charge and Concept Plan for Pemberton Meeting Date: August 19, 2021 at 6:30 PM Fill out: Owner: f +J AI'FLl+ L Address: t [ City. State, Zip Code: oI o16 T WL Direct questions and mail responsus to: City of 8outhlake Planning & Deve I oprn e rit Services Notification Response 1400 Main t: Ste 310 Southlake, TX 76092 Prone: (817) 748-8621 Fax: (817) 748.8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline ono) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: p r) T ke Ax I dA '&4 W aJ 0 K. Signature: Date: Additional Signature: Date- Printed Name(*): _ 11-4yey A Must be property owners}. Otherwise contact the Planning DapiRrtm$nt- Ono form per property. Phone Number {optional): Case No. Attachment E ZA21-0058 Page 6 Notification Response Form ZA21-0058: Zoning Change and Concept Plan for Pemberton Meeting Date: August 19, 2021 at 6:30 PM Fill out: Owner: Address: City, State, Zip Code: JL- r l4 2 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817) 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 apposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: ^D q d MJA �&4e � Sb II f uck W)� b a4IX Wr 61'mof� A Signature: Additional Date: / �Z I Date: T/,q L Printed Name(s): l I 12t-) -i I /Hr-1 ry �2 Must be property owner(s). Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA21-0058 Page 7 Notification Response Form ZA 1-00 8; Zonlrq Change and Concept Plan for Pombrriari k4o#ng Dale; August 19, 2421 el 6;30 PEA Fi L owner: Henry Hubble 1131 owl quollods and mall responses to. Ckty of swolske Plawft & NvoloPmael r*" l'lottf lc� �1 or3 !ta sporr Iye 1400 kiln St ft 314 Soutlhko, TX UO2 Phone: �Sffj 7+184vi i;ar; 1117) 748 TJ Address: 2208 Patterson Way C-1Iy. Sul*, Zlp Code: 5outhIake, Texas 76092 PLEASE FROV10E 00MPLETED FORMS VIA BAIL, FAX OR HAND 0ELIVERY BEFORE THE START OF THE SCHEDULED PUSILIC HEARING. UN ftownw(f,)of the property sonoled alme, erc hereby In 11M of � undecided about (drde of gnderline one} the proles Zoning Change aW Conrcept Plan refereiu d above_ Space for comnnents regarding your positlon. Comments attached Addlrlonal flute; rr if/ 2.0z/ (late; I .;J Rrirktodw,r,(s),Henry And Marlene Hubble Musl ha prop"r(bj. OrharwWo centael the Kukoing Upanrncet, Unto- roan par proparry. Rhona Namber toptloW)'. Z T Case No. Attachment E ZA21-0058 Page 8 I am not opposed to a rezoning of this land for residential development. The problems I have, are with the concept plan. The largest issue Is with the thru street cohnecting Estancia with 5hiI Water Court. The Still Water Court development never envjSion ed a Connecting thru street. Still Water Court i5 a cul-de-sac development. It was created as part of the Patterson Pond development, The sign at its entrance identifies it as a Patterson's Pond Development. It was sold and maintained as a quiet, stand-alone cul-de-sac for many years by the homeowners and Patterson Pond HOA. The concept plan would change the very charadter of Still water Court. It will increase traffic significantly as we expect all traffic to and from the new residences as well as an underdermIned amount of Estancia traffic would utilize Still Water Court to access Kimball Ave. In addition, the current lots on Still Water Court are all 1 plus acre, which although not required by the zoning, still contributes to the pastoral feel of the street. The smaller lots proposed will change the character of the cul-de-sac. The nature of the properties proposed ie metal roofs, potential for flat roof sections, Inconsistent HDA rules for the same street all will lead to an uncoordinated and disjolnted feel to the Still Water Court cuI-de sac. We would be happy to continue to work with the Developer and builder to modify the concept plan to address these issues. ` `F T•rlsdr+�nrl Case No. Attachment E ZA21-0058 Page 9 Public Comments by Henry H Hubble At Southlake City Counci] Meeting Septe mber 7, 2021 Regarding Agenda Item 7B Ordinance No. 480-786 (7A22-0058) V Reading, Zoning Change and Concept Plan for 603 N. Kimball Ave. I support the rezoning and support a no thru street concept plan like plan B- I am opposed to concept plan A. The proposed concept plan A will not he beneficial to the current residents of Still Water Court. More importantly, the proposed street to connect two cul-de-sacs doesn't make a whole lot of sense and will only increase the traffic on both streets. Moreover, adding this thru street is not consistent with the existing development of ctd-de-sacs in the vicinity. 1) Inconsistent land usa —Thissort of connector street like the one proposed has not been done In our area. Why can't the developer just use the cuI-de-sacs already in place? What advantage is there for anyone for this connector road? 2) Inverse Condemnation —When the residents of Still Water Court bought their homes, they did not anticipate (i) the proposed con nector street, or (ii) a higher density zoning change being allowed by the City- Punch Ing th rough a street is a "classic" scenario that has led to inverse condemnation claims against cities 3) Purpose a of ROW —what was the original purpose of the ROW area which might allow for the connector street? I do not believe that a street such as the proposed connector was an original purpose for the ROW. 4) Flood nlalnlstorm water management study —storm water drainage will be Increased by the new homes and con nector street adding to the already eve rtoaded waterway. Has this issue been studied? 5) Traffic and safety —the proposed connector street will have an impact on the streets involved as well as the intersection of Kirkwood and Kimball. This is an intersection that will only grow in usage. Has there been any sort of traffic study done regarding the proposed new blocis of homes and the connector street? How many children will be traveling to and from the school? Case No. Attachment E ZA21-0058 Page 10 No Ad Ph Da SOuthlakc Manning and Zoning, toting Public Comment Form Please print. Return..coi_ plu-xd lurirt tQ C;ommissiokr Secreiar r�priOr na srarr of regular sessioit- wish to share my views on an Agend2 Itelll-. I - it �-,4�QSITLQN of this item I do not wisli ro Wcak, but wish iO rc�card my SUPPORT) OPPOSITION Signature=i=a�; r- Rcquired• Ords wt'!1 tzar be read inif) the reculd anlets it rssign.. ez SouWake City Council meeting Public Comment Form Please print. Retxutt completed fom to City Secretary prior to start of reguullarJsessiom Name: ns rz Date: 7 71zozz Address: �d e ` so.� Phone: 8/.7 a A26 - 3 3 i (,Weiu* City and State) L"_l I wish to share my views on an Agenda Item: Agenda Item #-Yb I will speak in SUPPORT of this item 1 will speak in OPPOSITION to this item I do riot wish to speak, but please record my SUPPORT _ OPPOSITION ❑ 1 wish to speak during Public Fotwn on an item not on tonight's agenda ivpic: NQt& To utloev everyone oPPorruniy be k please liinUY"eur coM7tnmns to 3 minutes. Sigma Reaquined C'ar& w be read ba1g, the record unkis it Is si Case No. Attachment E ZA21-0058 Page 11 Notification Response Form ZA21-0058, Zoning Change and Concept Plan for Pemberton Meeting Date: August 19, 2021 at 6:30 PM Fill out: Owner. - Address: City, State, Zip Code,. � Direct quflstions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St. Ste 310 Southlake, TX 76092 Phono: (817) 748-8621 Fax: (817) 748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULE[] PUBLIC HEARING. Being the owners) of the property so noted above, are lu~ rcbv 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: 4 i n. 0 ti 1 7 in i � n/ rA"" 6 C'}4ii 1 Y ' , �Y-J tiro 0 i { — •. ! V Val? a [4 n fAot ' e Nl` dti'-'b 3lgnature: Date: —1!61 -,1 Additional Signature: Date: Printed Narne(s): 7 C-Af Must be property owner($), Otherwise contact the Planning Department, One form per property. Phone NUMber (optional): Case No. Attachment E ZA21-0058 Page 12 Southlake City Council meeting Public Comment Form Please print- Return completed form to City Secretary prior to start ofregularsession. Name. IS�tCjj... eg Date: I �� I Address: ) ? Phone; (1-1 ale City and State) i wish to share my views an an Agenda Item: Agenda Item # I will speak in SUPPORT of this item will speak in OPPOSITION to this item I do not wish to speak, but please record my n SUPPORT OPPOSITION LJ I wish 14 speak during Public Forum on an item not on tonight's agenda Topic: Note. To allow everyaae an opporR nky to be heard, please limityour cowneun to 3 htimleL Signature: Required: Curds not be r info the reen .tegg It is sigma Southlake City Council meeting Public Comment Form Please print. Return completed form to City Secretary prior to start of regular session. Name: 44 N Date: Address: Zz Phone: e17- %I6'3.31e9 (Include City and State) LJ I wish to share my views on an Agenda Item: Agenda Item #-4CM will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak, but please record my SUPPORT OPPOSITION LJ I wish to speak during Public Forum on an item not on tonight's agenda Topic:__ IQf W Al °e ,4 A-) C , j Note. To allow everyone an opportunity to be heard, please limit your comments to 3 minutes. Required. Cards will not be read into the record unleA it is signed. Case No. Attachment E ZA21-0058 Page 13 Public CommcnLs by Ilcnn H I luhhle At Suuthlakc City COURCil MCCting September 21, 2021 Regarding Agenda item 7A Ordinance no. 480-786 (ZA21-0058) 1€1 Reading, Zoning C hange and C'on"pt Plan for 603 N* Kimball Ave. 1 do not oppose the rezoning request. I support a modified, concept B plan, a stand alone cul-do-sae that is modified to havo all the homes facing the new street Pemberton. This concept would eliminate the major Still Water Court disruptions, including, traffic impacts, 2-1 years of construction congestion. safety impacts and general confusion from different HOA rules applying to the santie street- The mud ificd concept B would be consistent with all the rmunt dcvclopmcnk along N Kirnball Ave. We survoyed the Pattemon's Pond HOA residents and to a person they all prcferred a modified Concept plan B with no homes facing Still Water Court. We believe this is a much better concept plan than any of the others- The paint at whir,h Penibertcn intersects N Kimball Ave in this concept plan is it at the top of a rise giving a clear view to the South all the u^ay to route. 114 and a clear view to the Forth beyond the Highland intcr::cction. It 4 in fact a safer intersection to access N Kimball than either the existing intersections at Estancia or Still Water Court. R also provides more direct r1re and emer-gency response access to Pemberton and the. North WrAion of Estanc ia, In addition this will provide the least uunstructiun impacts to both Still Water Court and Estaneia. Thy pcopic most impacted by the construction will be the new residents of Pemberton but [hey will be kVe]l aware of these impacts when they buy and will make their purchase decision knowinv they will exist until the strut is built nut. I avant to thank the Council for listening to the residents input and-eeking to review additional upiions. I also want to thank Curtis and Dean for their creativity cxPlcring tl)e potential development L!uncepts- I believe we have found one that is a clear winner. Case No. Attachment E ZA21-0058 Page 14 CITY C�APr'� r Publlk� COrnmarit Form SO l H1 AKE TEXAS Your partitipa#ion in aid public hmee6ngs is valued old citi26ris wisllFng tO akpimt !hair views tan electronically submit thls Pubilc Carnment Form far any topic ar agema itarrr_ Please specify where you would like your comments to appear below and enter the required Information. i... All wirnments must be submitted by 5:00 p.m. on the meeting date and wiq be provided f&( the recora—) CCVIO-19 PUBLIC MEETING PROTOCOL 0kens have the option to w21ch dw Clly Gourd or PZ Cmffill tion rtl6&tinga dot ink or on the cable dholrinel rather khan in person due to cartcerns related to the spread of COVIC-19. Crtiaens wishing to address the City may skiornit com.menM on any look or agenda Item electronically by uldiclrlg this Public Cornmem Farm "lQw Public Meeti"g Date 9.21.2021 Board Meeting' oily Coudia -A Fan and i. as Mama James FaveM 2218 PetGeramr Way rT. wish to shire my views an an Agenda Item: Agenda Item! No,* C., t will U*ah In S4JPPORT of this itch I will sneak in 0F1P09rr10N to nIs hem I da na, wish to speak. bvj please moord wq: commenis.. This.z a} lu Ihel is mA schMulud fora pubic nRYnnq cr an cam iriol 4 nqi rr, r..K Wangt I would anry be supportive adjk proposal wwhith does not rnldrn a aeDpi�g or ffQrk 9 on Still VOW Ct. Ideally that wauld " (*McRpt 0. AN nzi-odbrlmmFl Signature:' Case No. Attachment E ZA21-0058 Page 15 UTHLAKE Public Comment Foan TEXAS Yovr g4rtitpipatign in all p4141ig. megtingg is vatued end gAi;ens. wishing t4 ip-xpre!�s their views can electronically submit this Public Comment Form for any topic or agenda itern. Please specify where you wauld like yilr wrnment5 tv appear treiow and enter 1t-I�! required IrlfoCma.tibn. I.-"AlI cornmonts must bi� 9ubmdted by 5:50 p.rrl_ tan tM mee":I11g dale anti vnll b+5 proyldod for thin rL%Wrd' 'j 00VID•19 PUBLIC #dPFTIN0 PROTOOO1_ Cilexens ha we the n tq watch the- City CQuT dl 4r P.Z Commission mesfinya onliste or on the cable OWnel rather than in person due to wricems retated to the spread of COVIt}119 Citizens vrishimng fa address the City may submit comments on any topir, or agenda item electronically t,y Utilizing this Fut)lir, Comment Form below. htlblrc Meeting Dare 9rzIjW?1 B Ard Hosting* Coy council • rnsr and Lmi raw Jan Vu * ^dcfeac 801 14 Kimball Ave phyw 6!#2597TM F ", "e _tt?@hmm*il:.Coll~ I wish to share my views on an Agenda Item: Agendaltom No_k OIAi or I will rneak In SUPPORT ofmle ItlzJtl • I will 9o-eeK In OPPQt3l TIQM 10 to Il� ittm I do not +'+rsh W speak. but pluaae record wny- Comments: nq�-x I4 outman mrnnwnls on any is K Ihal Is nay s haaWou Inr a yuok nggnng ey Nn nbrh MAI w rb[ m ihr apentla Hii This is to voice my opinion against any plvitip of the new aubdrvision that would OW up the new neighborhood "ffr, tQ :Sklll Mter C1 i3Wuh ader:imr.i Si-qnature: k Case No. Attachment E ZA21-0058 Page 16 OUTHL KE Public Comment Form rsxns Your participation in all public meetings Is valued and dtizens vrlshtng to express their views can electronically Sub mrt this Public Comment Farm for any topic or ag9nda Itam. Please specify where you would lake your commenis to appear below and enter the required infamatlon. (^^,All cornments must be submitted by 5,00 p.m. m the meeting date and will be- Kovkkad forte record"';i COVD-19 PLI8LIC MEETING PROTOCOL Citizens have the option Wwa6ch the City Council or PZ Commission meetings online or on the cable channel rather than in person due tD concerns related to the spreab of COVI D-19. !i zeris wishang to address the City may Submit Gornmerl5 cn any to,phc pr agen0a item electrcn-cally by titiliz r.9 This Put lk; Comment Form heiow. Ruh5C M*01irlg Data 9121+2021 Board Meeting City Council rs and Lasl Name Cody Crr * nrpi—, g2)9 PMerson way 77 WO0220 r ir.ul oa1ly.cracker�g mael.�pin I wish to share my views mi an Agenda Itern. Agenda Item Np. r I will 806A In SUPPORT oFthis rem I will speak In OPPOSITION to this .rem I do not wish m sr*ak. but Please remrd my Comments: '•hla is en nppuftniV In nIDmr adr-rrrm an arrr i0ii vm is lia, adtiediled &7 a pudic hearq a- an i1rm Thal I%mi an Iha agardx Support of IprOpaaal B I'_CC unwi $tgnataim- * Case No. ZA21-0058 Attachment E Page 17 ORDINANCE NO. 480-786 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 5A03, SAMUEL FREEMAN SURVEY, NO. 525 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.749 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-20A" 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 ZA21-0058 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 ZA21-0058 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 Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of Southlake, Tarrant County, Texas being approximately 3.749 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-20A" 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 ZA21-0058 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 ZA21-0058 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 ZA21-0058 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 MAYOR ATTEST: day of , 2021. CITY SECRETARY Case No. Attachment F ZA21-0058 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA21-0058 Page 7 Being described as Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of Southlake, Tarrant County, Texas, being approximately 3.749 acres and being more particularly described as follows: METES AND BOUNDS DESCRIPTION 3.749 ACRES IN THE SAMUEL FREEMAN SURVEY, A-525 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS All that certain 3.749 acres of land, out of the 4.063 acre tract, described in the deed Baylor University (50%), Anne Thomas (25%) and Crae Hillman (25%), recorded in Document Number D220103250 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), in the Samuel Freeman Survey, A-525, City of Southlake, Tarrant County, Texas, and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a 1/2" iron rod with a cap stamped "Brittain & Crawford" found for the south corner of the southeast right-of-way cutback line, at the intersection of the east right-of-way line of North Kimball Avenue (R.O.W. Varies), and the south right-of-way line of Still Water Court (50' R.O.W.), common to a point for corner of the 0.140 acre right- of-way dedication recorded in Document Number D211021555 D.R.T.C.T.; THENCE North 43' 41' 16" East - 28.52' along said southeast right-of-way cutback line, to a 1/2" iron rod with a cap stamped "Brittain & Crawford" found for the east corner of right-of-way cutback line, and in the south right-of-way of said Still Water Court, common to the north line of said 4.063 acre tract; THENCE North 88' 08' 30" East along the south right-of-way line of said Still Water Court, common to the north line of said 4.063 acre tract, passing at a distance of 353.54' an "X" found in concrete in the center of the cul-de-sac of said Still Water Court, bearing North 01 ° 51' 30" West — 25.00', continuing along the north line of said 4.063 acre tract, common to the south line of Lot 14, Block 1, Patterson's Pond II Addition, recorded in Document Number D206258413 in the Plat Records of Tarrant County, Texas, for a total distance of 565.09' to a 3/4" iron pipe found for the northeast corner of said 4.063 acre tract, common to the southeast corner of said Lot 14, Block 1, Patterson's Pond II Addition, and in the west line of the 2.034 acre tract described in the deed to Peter Azamar, recorded in Document Number D204130601 D.R.T.C.T. THENCE South 00° 47' 55" West along the east line of said 4.063 acre tract, passing at a distance of 180.48' a 3/4" iron pipe found for northwest corner of Lot 12R1, S. Freeman No. 525 Addition, recorded in Document Number D220207753 P.R.T.C.T., and continuing along the east line of said 4.063 acre tract, for a total 281.75' (deed called 282.11') to a 1/2" iron rod with a ca p stamped "SPRY" set for the southeast corner of the herein described tract, common to the southeast corner of said 4.063 acre tract, from which a 5" Steel Post bears South 66' 11' 27" East- 10.78' THENCE South 88' 09' 26" West along the south line of said 4.063 acre tract, common to the north line of Estancia, recorded in Document Number D212055463 P.R.T.C.T., passing at a distance of 366.47' a 1/2" iron rod found for the northwest corner of Lot 7, Block 1 of said Estancia, and passing at a distance of 406.47' a 1/2" iron rod with a cap stamped "Burks" found for the northeast corner of Lot 1, Block 2, of said Estancia, continuing along the south line of said 4.063 acre tract a total distance of 577.10' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the southwest corner of the herein described tract, common to the southeast corner of said 0.140 acre right-of-way dedication, and in the east right-of-way line of said North Kimball Avenue; THENCE North 00° 49' 31" West - 261.36' along the east right-of-way line of said North Kimball Avenue, to the POINT OF BEGINNING and containing 3.749 acres of land. Case No. Attachment F ZA21-0058 Page 8 I0,711:11-.11 M 1.1 Reserved for approved Site Plan Case No. Attachment F ZA21-0058 Page 9