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Item 7B Department of Planning & Development Services S T A F F R E P O R T August 25, 2015 CASE NO:ZA15-074 PROJECT:Zoning Change and Concept Plan for Lots 19, 20 & 21 H. Granberry No. 581 Addition REQUEST: On behalf of Eugene D. & Sharon Williams, and Rob & Tracey Dean, Sempco Surveying, Inc. is requesting approval of a Zoning Change and Concept Plan for Lots 19, 20 & 21 H. Granberry No. 581 Addition from “AG” Agricultural Zoning District on existing Tract 5B to the north and “RE” Single Family Residential Estate District on existing Lot 6 to the south, to “SF-2” Single Family Residential District and “RE” Single Family Residential Estate District on approximately 13.786 acres on property described as Tract 5B, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 859 and 911 S. White Chapel Blvd., Southlake, Texas. SPIN Neighborhood #9. DETAILS: Sempco Surveying, Inc. is requesting approval of a Zoning Change and Concept Plan for Lots 19, 20 & 21 H. Granberry No. 581 Addition. The request runs concurrently with a Plat Revision (ZA15-075) to revise the boundaries of existing Tract 5B to the north and existing Lot 6 to the south, to create three (3) Lots on approximately 13.786 acres. The proposed request would be to revise the boundaries of existing Tract 5B to the north from a single tract to two (2) lots and rezone the front lot along S. White Chapel (proposed Lot 19) from “AG” Agricultural District to “SF-2” Single Family Residential District and the rear lot (proposed Lot 20) from “AG” Agricultural District to “RE” Single Family Residential Estate District. The proposed request would also be to revise the boundaries of existing Lot 6 to the south from a single lot to two (2) lots and rezone the front lot along S. White Chapel (proposed Lot 21) to “SF-2” Single Family Residential District and the lot to the rear will be proposed Lot 20. VARIANCES REQUESTED: Residential Panhandle Lots: The rezone request comes with a variance to Article VIII, Section 8.01, K of the Subdivision Ordinance, No. 483, as amended, to create a residential panhandle lot in order to gain access from S. White Chapel to proposed Lot 20. Within the written narrative the applicant has provided justification for this request. See Attachment “C” Radial Lot Lines: The applicant is seeking a variance to Article VIII, Section 8.01, D, of the Subdivision Ordinance, No. 483, as amended, in order to configure the lots as proposed. The applicant has provided justification for this request within the written narrative. See Attachment “C” st ACTION NEEDED: 1) Consider 1 Reading Zoning Change and Concept Plan Approval Request Case No. ZA15-074 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) SPIN Meeting Report (E) Review Summary No. 2, dated August 14, 2015 (F) Surrounding Property Owners Map (G) Surrounding Property Owners Responses (H) Ordinance No. 480-702 for City Council Only (I) Full Size Plans () STAFF CONTACT: Dennis Killough (817) 748-8072 Jerod Potts (817) 748-8195 Case No. ZA15-074 BACKGROUND INFORMATION OWNER: Rob & Tracey Dean and Eugene D. & Sharon Williams APPLICANT: Sempco Surveying, Inc. PROPERTY SITUATION: 859 and 911 S. White Chapel Blvd. LEGAL DESCRIPTION: Tract 5B, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “RE” Single Family Residential Estate District REQUESTED ZONING: “SF-2” Single Family Residential District and “RE” Single Family Residential Estate District HISTORY: Tract 5B – 859 S. White Chapel -This property was annexed into the City in 1956 and given the “AG” Agricultural District designation. -According to TAD, the existing home of approximately 2,568 square feet on was built in 1973. Lot 6 – 911 S. White Chapel -This property was annexed into the City in 1956 and given the “AG” Agricultural District designation. -On March 7, 2000 City Council approved Ordinance No. 480-331 to rezone the property from “AG” Agricultural District to “RE” Single Family Residential Estate District (ZA99-141). -The Plat filing date for Lot 6 was May 2, 2000. -According to TAD, the existing home of approximately 5,585 square feet was built in 2000. CITIZEN INPUT: A SPIN Town Hall Forum was held for this project on June 23, 2015 at Southlake Town Hall. A SPIN Meeting Report is included as Attachment “D” of this report. SOUTHLAKE 2030: Consolidated Future Land Use The Southlake 2030 Future Land Use Plan designates this property as Low Density Residential. The image to the right illustrates the Future Land Use for the proposed location. Low Density Residential as defined within Southlake 2030: The Low Density Residential Case No. Attachment A ZA15-074 Page 1 category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. As proposed, this concept plan is consistent with the Future Land Use Plan. Master Thoroughfare Plan According to the Master Thoroughfare Plan, S. White Chapel is designated as a 2-lane undivided arterial (A2U) with a minimum 88’ R.O.W. required. Pathways / Sidewalk Plan The Official Pathways Map, adopted by City Council on January 7, 2014 designates the east side of S. White Chapel Blvd. as having a future that is less than 8 feet wide. Staff has requested that the applicant provide 4’ sidewalks along S. White Chapel Blvd., and the applicant has included a note on the concept plan stating that “The applicant will need to provide a four foot sidewalk.” TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The existing residence at 859 S. White Chapel is shown on the proposed concept plan as to be razed. This residence currently has driveway access from S. White Chapel Blvd. The proposed concept plan shows a new driveway along 859 S. White Chapel approximately 50 feet to the north. The existing residence on 911 S. White Chapel has existing driveway access off S. White Chapel and the proposed concept plan does not indicate this driveway access is to change. For proposed Lot 20 to the rear, the applicant is proposing a driveway that would extend to the proposed home. The applicant has indicated compliance within the notes section of the concept plan regarding the Fire Marshall’s guidelines for fire lanes. Traffic Impact AM-PM- Use Units Vtpd* AM-IN PM-IN OUT OUT Single-Family Detached 3 28 1 2 2 1 Housing (210) * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition UTILITIES: Water There is an existing 12-inch water line along the west side of S. White Chapel Blvd. Staff has included a comment in Review Summary No 2, dated August 14, 2015 stating that field verification shall be required to insure dwelling is placed within 1,000 feet of existing fire hydrant located on S. White Chapel Blvd. Sewer A sanitary sewer manhole is located on the northeast corner of proposed Lot 20. Staff has included a comment in Review Summary No. 2, dated August 14, Case No. Attachment A ZA15-074 Page 2 2015 stating that the applicant should provide field investigation to determine if the property will be able to connect to the existing manhole. If so, a 6” public sanitary sewer line with a minimum 15’ Sanitary Sewer Easement must be provided to each lot. If public sanitary sewer cannot be engineered to each lot, then an on-site sanitary sewer facility approved by Tarrant County Health Department will be required. TREE PRESERVATION: There is approximately 11% tree coverage on this site. The applicant has indicated that they will be removing 13% of this tree cover. Tree Preservation Ordinance No. 585-D requires the applicant preserve a minimum of 70% of the existing tree cover. Based on the proposed tree survey, the applicant is proposing to preserve approximately 87% of existing tree coverage, which is consistent with the Ordinance requirement. PLANNING & ZONING COMMISSION: August 20, 2015; Approved (5-0) subject to the staff report dated August 14, 2015 specifically approving the variances requested with regard to the residential panhandle lots, the radial lot lines, specifically making the motion subject to Review Summary No. 2 dated August 14, 2015 also conditioning the motion on the applicants willingness to connect sewer to the new home to be built on Lot 20 and to a new home to be built on Lot 19 after the existing home is razed, and further noting the applicants willingness to contact the owner of the home on Lot 21 prior to the City Council meeting and inquiring on their willingness to connect to sewer and report to City Council and further noting the applicants willingness to provide drainage study information prior to the City Council meeting. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated August 14, 2015. N:\\Community Development\\MEMO\\2015 Cases\\074 - ZCP - H Granberry Dean Addition\\Staff Report\\ZA15-074 - CC - 2015-09- 01.doc Case No. Attachment A ZA15-074 Page 3 Case No. Attachment B ZA15-074 Page 1 Plans and Support Information Proposed Concept Plan Proposed Concept Plan – Close-up Variance to Subdivision Ordinance No. 483 Regarding Perpendicular / Radial Lot Lines Case No. Attachment C ZA15-074 Page 1 Tree Survey Case No. Attachment C ZA15-074 Page 2 Case No. Attachment C ZA15-074 Page 3 Case No. Attachment C ZA15-074 Page 4 Case No. Attachment C ZA15-074 Page 5 Case No. Attachment C ZA15-074 Page 6 Case No. Attachment C ZA15-074 Page 7 Case No. Attachment D ZA15-074 Page 1 Case No. Attachment D ZA15-074 Page 2 Case No. Attachment D ZA15-074 Page 3 Case No. Attachment D ZA15-074 Page 4 Case No. Attachment D ZA15-074 Page 5 Case No. Attachment D ZA15-074 Page 6 Case No. Attachment D ZA15-074 Page 7 Case No. Attachment D ZA15-074 Page 8 Case No. Attachment D ZA15-074 Page 9 Case No. Attachment D ZA15-074 Page 10 Case No. Attachment D ZA15-074 Page 11 CONCEPT PLAN REVIEW SUMMARY ZA15-074Two08/14/15 Case No.: Review No.: Date of Review: Concept Plan Project Name: – H Granberry Dean Addition - 911 & 859 S White Chapel Blvd. APPLICANT: Sempco Surveying, Inc. OWNER: OWNER: George R. Hill Rob & Tracey Dean Eugene & Sharon Williams 3208 S Main St. 1205 S White Chapel Blvd #100 5404 Mira Mar Lane Fort Worth, Texas Southlake, Texas 76092 Colleyville, Texas 76034 Phone: (817) 926-7876 Phone: (817) 658-8564 Phone: (817) 991-0191 Fax: (817) 926-7878 Email: rob@vicangroup.net Email: daviddhr@yahoo.com Email: george@sempcosurveying.com Email: traceydean@verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/13/15 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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 Jerod Potts Planner I Phone: (817) 748-8195 E-mail: jpotts@ci.southlake.tx.us 1. All Lots must conform to underlying zoning. 2. All plans included in the submittal need updated according to revisions where appropriate. 3. Please show “S. White Chapel Blvd.” on the small scale location map on the concept plan south of 1709 for easier referencing. 4. Sanitary sewer manhole is located on the northeast corner of the property. Provide field investigation to determine if property will be able to connect to the existing manhole. If so, a 6” public sanitary sewer line with a minimum 15’ Sanitary Sewer Easement must be provided to each lot. If public sanitary sewer cannot be engineered to each lot, then an on-site sanitary sewer facility approved by Tarrant County Health Department will be required. 5. Show, label and dimension the width of any easements on or adjacent to the site on the concept plan. See comments regarding the width of easements required for sewer. 6. Label all adjacent properties and properties across adjoining R.O.W.'s with owner's name, existing zoning, and land use map designation ("L.U.D. =_____") on the concept plan. 7. Show, label and dimension the width of the R.O.W. and traveled roadway on or adjacent to the site on the concept plan. S. White Chapel is designated as a 2-lane undivided arterial (A2U) with a minimum 88’ R.O.W. required. 8. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. Show and label a 4’ concrete sidewalk along White Chapel. 9. A 10’ – B type bufferyard is required to be provided along the west property line along S. White Chapel Blvd. Show and label the width and type of the bufferyard on the concept plan. Show the bufferyard with dashed lines and shading or cross-hatch. Case No. Attachment E ZA15-074 Page 1 10. Show the location, type, and height of all walls, fences, and screening devices if any. Note whether existing or proposed. Any fencing provided along S. White Chapel must comply with Zoning Ordinance No. 480, as amended, Section 39.5. C. (4). Consider providing a fencing exhibit. 11. On the concept plan it appears there is a structure on proposed Lot 20. Please note existing structures and whether to stay or be removed. 12. Note the City approved benchmark used for topographical information. 13. Please format the note “1” under “General Notes” the same as the other notes. 14. Note “19” is a repeat of note number “7” under “General Notes.” Please delete the additional note. 15. The accessory structure in the NE corner of proposed Lot 1 must be 10’ from the side and rear property lines. Relocate the lot lines to meet the 10’ setback requirement or approval of a variance to the setback requirement by the Zoning Board of Adjustment will be required prior to the plat being filed. Public Works/Engineering Review Alejandra Ayala, P.E. Civil Engineer Phone: (817) 748-8247 Fax: (817) 748-8077 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. * Fire lane radii shall be 30’ minimum on driveways and driveway turnarounds. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: * Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SEWER COMMENTS: 1. Field verification shall be required to insure dwelling is placed within 1,000-feet of existing fire hydrant located on S. White Chapel Road. Sanitary sewer manhole is located on the northeast corner of the property. Provide field investigation 2. to determine if property will be able to connect to the existing manhole. If so, a 6” public sanitary sewer line with a minimum 15’ Sanitary Sewer Easement must be provided to each lot. If public Case No. Attachment E ZA15-074 Page 2 sanitary sewer cannot be engineered to each lot, then an on-site sanitary sewer facility approved by Tarrant County Health Department will be required. 3. Ordinance #440 requires a developer to extend sewer to the westernmost property line in order to provide sewer to the dwelling on the west. In the event the existing manhole cannot serve both properties, the Developer shall provide documentation from an engineer stating the reasons for not extending sewer. * Water and sewer lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. * Water and sanitary sewer lines in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: * Due to drainage concerns from the residents to the east, submit preliminary grading and drainage plan with drainage arrows and preliminary calculations. * Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. * Driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 Fax: (817) 481-5713 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed existing tree canopy cover preservation complies with the existing tree canopy cover preservation requirements of the Tree Preservation Ordinance 585-D. There is 11% of existing tree canopy cover on the site and 70% of that tree canopy cover is required to be preserved. The applicant is proposing to remove 13% of the existing tree canopy cover, so 87% of existing tree canopy cover will remain. Case No. Attachment E ZA15-074 Page 3 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 Minimum percentage of the the entire site 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. * Indicates informational comment. # Indicates required items comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8233 Fax: (817) 748-8181 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: All residential and other structures must be within 1000 feet of a fire hydrant. This includes the proposed barn structure on the concept plan. A turn-around for fire apparatus must be provided if the apparatus must travel in excess of 150 feet to access the structures on the property with the required hose lay distance. SEE ATTACHED DOCUMENTS FOR SPECIFIC REQUIREMENTS Community Service/Parks Department Review Peter Kao Construction Manager Case No. Attachment E ZA15-074 Page 4 Phone: (817) 748-8607 Fax: (817) 748-8027 E-mail: pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $3000 per dwelling unit x 1 dwelling units =$3000. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right-Of-Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. Informational Comments: * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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. * Residential panhandle lots, also known as flag lots, shall not be permitted. (As amended by Ord. No. 483-L). The variance request letter has been received by the City. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, 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 Attached: Requirements for Residential Turn-Arounds, Requirements for Residential Access Case No. Attachment E ZA15-074 Page 5 Case No. Attachment E ZA15-074 Page 6 Case No. Attachment E ZA15-074 Page 7 Surrounding Property Owners SPO # Owner Zoning Physical Address Acreage Response 841 S WHITE CHAPEL BLVD 1. Ahmed, Imtiaz Etux Fazila SF2 1.32686025 F 809 BOSTON DR 2. Antique Evanesance Llc SF20A 0.46200000 245 SILVERWOOD CIR 3. Burke, William Etux Nancy RPUD 0.36124676 803 BOSTON DR 4. Castle, Robert M III SF20A 0.46900000 340 SILVERWOOD CIR 5. Costa, Paul L Etux Phuong D RPUD 0.36705229 310 SILVERWOOD CIR 6. Current Owner RPUD 0.31075835 O 859 S WHITE CHAPEL BLVD 7. Dean, Robert & Tracey AG 5.95593405 F 911 S WHITE CHAPEL BLVD 8. Dean, Robert Etux Tracey RE 7.76906278 F 345 SILVERWOOD CIR 9. Del Rosario, Edwin Etux Gracia RPUD 0.30379255 807 BOSTON DR 10. Farley, Kathleen L Etvir James SF20A 0.49000000 130 HIGHLAND OAKS CT 11. Finn, James H Jr Etux Jonna RPUD 0.37682749 355 SILVERWOOD CIR 12. Gourley, Ronald & Alicia K RPUD 0.34245448 1111 S WHITE CHAPEL BLVD 13. Hargett, Gary RE 11.37132630 300 SILVERWOOD CIR 14. Huang, Heng RPUD 0.27144250 921 S WHITE CHAPEL BLVD 15. Johnson, Drew SF1-A 5.99941480 F 1050 HIGHLAND OAKS DR 16. Johnson, Greg Etux Leslie RPUD 0.34491551 100 HIGHLAND OAKS CT 17. Knowles, Dawn RPUD 0.72733947 495 PINE DR 18. Lancster, Donna SF1-A 2.86185242 320 SILVERWOOD CIR 19. McClain, Thomas I Etux Kathy M RPUD 0.29407981 O 110 HIGHLAND OAKS CT 20. McNamara, Raymond S & Debra J RPUD 0.42247862 120 HIGHLAND OAKS CT 21. Mediterraneo, Michael & Nicola RPUD 0.32246817 O 230 SILVERWOOD CIR 22. Mitchell, Robert W Etux Lori W RPUD 0.31168433 Case No. Attachment F ZA15-074 Page 1 SPO # Owner Zoning Physical Address Acreage Response 350 SILVERWOOD CIR 23. Morris, Melinda W RPUD 0.31403573 360 SILVERWOOD CIR 24. Ordonez, Armando Etux Rebecca RPUD 0.33487001 100 HARVARD DR 25. Parra, Michael B SF20A 0.46700000 205 WHITE CHAPEL CT 26. Powell, Marc Etux Lori SF1-A 2.20407862 805 BOSTON DR 27. Raja, Muhammad Ali SF20A 0.48800000 801 BOSTON DR 28. Romano, James Etux Brigeitte SF20A 0.53900000 250 SILVERWOOD CIR 29. Shin, Sang Ho RPUD 0.34240612 330 SILVERWOOD CIR 30. Simmons, Christine Etvir Chad RPUD 0.38010603 31. Superintendent of Carroll ISD Superintendent of Grapevine 32. Colleyville ISD 33. Superintendent of Keller ISD 34. Superintendent of Northwest ISD Sykes, J R Etux Cynthia 720 S WHITE CHAPEL BLVD 35. RE 15.15400000 F (Ownership Changed) 225 WHITE CHAPEL CT 36. Timberlake, William Etux Andre SF1-A 1.46712342 235 SILVERWOOD CIR 37. Velala, Krishnamohan RPUD 0.30224545 219 LILAC LN 38. Vu, Giac T Etux Khanh SF1-A 3.56278598 39. Wahby, Samir C Etux Mona S SF1-A 1.43045423 240 SILVERWOOD CIR 40. Welch, John C Etux Beverly RPUD 0.31572024 211 WHITE CHAPEL CT 41. Williams, David C Etux Terri L SF1-A 1.34465539 1060 HIGHLAND OAKS DR 42. Womack, Mary & Thomas RPUD 0.43966845 O 260 SILVERWOOD CIR 43. Ziadie, Michelle Etvir Stephen RPUD 0.54970041 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received: In Favor: (5) Opposed To: (4) Undecided: (0) No Response: (34) Case No. Attachment F ZA15-074 Page 2 Surrounding Property Owner Responses Case No. Attachment G ZA15-074 Page 1 Case No. Attachment G ZA15-074 Page 2 Case No. Attachment G ZA15-074 Page 3 Case No. Attachment G ZA15-074 Page 4 Case No. Attachment G ZA15-074 Page 5 Case No. Attachment G ZA15-074 Page 6 Case No. Attachment G ZA15-074 Page 7 Case No. Attachment G ZA15-074 Page 8 Case No. Attachment G ZA15-074 Page 9 Case No. Attachment G ZA15-074 Page 10 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-702 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 5B, H. GRANBERRY SURVEY, ABSTRACT NO. 581 AND LOT 6, H. GRANBERRY NO. 581 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOCATED AT 859 AND 911 S. WHITE CHAPEL BLVD., SOUTHLAKE, TEXAS, BEING APPROXIMATELY 13.786 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO “SF-2” SINGLE FAMILY REISDENTIAL DISTRICT AND “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and Case No. Attachment H ZA15-074 Page 1 general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and 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 Case No. Attachment H ZA15-074 Page 2 necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tract 5B, H. Granberry Survey, Abstract No. 581 and Lot 6, H. Case No. Attachment H ZA15-074 Page 3 Granberry No. 581 Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 13.786 acres, and more fully and completely described in exhibit “A” from “AG” Agricultural District and “RE” Single Family Residential Estate District to “SF-2” Single Family Reisdential District and “RE” Single Family Residential Estate Districtas depicted on the approved development plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: ST CITY COUNCIL MOTION AT 1 READING SEPTEMBER 1, 2015 st Reserved for approved City Council 1 Reading Motion ND CITY COUNCIL MOTION AT 2 READING SEPTEMBER 15, 2015 nd Reserved for approved City Council 2 Reading Motion 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 Case No. Attachment H ZA15-074 Page 4 of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or Case No. Attachment H ZA15-074 Page 5 not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance 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. stst PASSED AND APPROVED on the 1 reading the 1 day of September, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY ndth PASSED AND APPROVED on the 2 reading the 15 day of September, 2015. ________________________________ MAYOR Case No. Attachment H ZA15-074 Page 6 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment H ZA15-074 Page 7 EXHIBIT “A” Reserved for legal description Case No. Attachment H ZA15-074 Page 8 EXHIBIT “B” Reserved for approved plans Case No. Attachment H ZA15-074 Page 9