Loading...
Item 7B Department of Planning & Development Services S T A F F R E P O R T January 12, 2016 CASE NO: ZA15-137 PROJECT: Zoning Change and Development Plan for Southlake Meadows Phase III EXECUTIVE st SUMMARY: G&A Consultants, LLC is requesting 1 reading approval of a Zoning Change and Development Plan for Southlake Meadows Phase IIIto develop nine (9) residential lots and one (1) open space lot on approximately 8.88 acres on property described as Tracts 7A1, 7A2. 7A1A, 7A1A1 and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1,James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas and located at 800, 848 and 812 W. State Hwy. 114, Southlake, Texas. Current Zoning: None. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #5. REQUEST st DETAILS: The applicant is requesting 1 reading approval of a Zoning Change and Development Plan for Southlake Meadows, Phase III to “R-PUD “ Resididential Planned Unit Development District to develop nine (9) residential lots and one (1) open space lot on approximately 8.88 acres. The property, which lies just to the north of the Southlake Meadows subdivision that is under construction, was recently added to the City of Southlake in a Boundary Adjustment Agreement with the Town of Westlake. There is an existing gas well in Westlake that is approximately 310.2’ from the property line of the proposed development. The property does not have a Land Use Plan designation, so a Comprehensive Land Use Plan amendment to assign the Medium Density Residential designation is also being requested under case number CP15-003. The proposed gross density is approximately 1.01 dwelling units per acre and the proposed net density is approximately 1.02 units per acre. Site Data Summary Number of Residential Lots 9 Number of Open Space Lots 1 Gross Acreage 8.88 Gross Density 1.01 du/acre Net Acreage 8.85 Net Density 1.02 du/acre Open Space Acreage 2.76 Open Space Percentage 31% The R-PUD district will follow the uses and regulations in the “SF-20A” Single Family Residential District except as noted in the table below: Development Regulations (Compared to SF-20A Base Zoning) Case No. ZA15-137 Existing R-PUD for Southlake Proposed R-PUD SF-20A Meadows Phase III (fka Savannah Estates) Front Yard 35’ 25’ 25’ Setback Side Yard 15’ 15’*10’ Setback Rear Yard 30’30’ 40’ Setback (25’ for lots on a cul-de-sac)(25’ for lots on a cul-de-sac) Maximum Lot 30% 50%50% Coverage Minimum Lot 20,000 sq. ft. 15,000 sq. ft.20,000 sq. ft. Area Lot Width 100’ 100’ at front building line 100’ at front building line Lot Depth 125’ 100’ 100’ Maximum 2.18 du/acre 1.2 du/acre1.02 du/acre Gross Density Maximum 35’ and 2 ½ stories 35’ and 2 ½ stories**35’ and 2 ½ stories Height *Conditions for second front yard on corner and key lots ** One-story for buildings or structures adjacent to roundabout at Peytonville Ave. /Dove Rd. /Sam School Rd. Although the property is called Southlake Meadows, Phase III, the proposed “R- PUD” Residential Planned Unit Development District zoning is a stand alone zoning district and it is not a part of the previously approved “R-PUD” zoning for Southlake Meadows (formerly Savannah Estates) that was approved March 5, 2013. The proposed “R-PUD” regulations are the same as the regulations in the previously approved “R-PUD” district for Southlake Meadows (formerly Savannah Estates) except as noted in the table above. st ACTION NEEDED: Consider 1 reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information – Link to PowerPoint Presentation (D) Development Plan Review Summary No. 3, dated January 11, 2016 (E) Surrounding Property Owner Responses (F) Ordinance No. 480-709 for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Dennis Killough (817)748-8072 Richard Schell (817)748-8602 Case No. ZA15-137 BACKGROUND INFORMATION OWNER: Maguire Partners – Solana Ltd. APPLICANT: G&A Consultants, LLC PROPERTY LOCATION: 800, 848 and 812 W. State Hwy. 114 PROPERTY DESCRIPTION: Tracts 7A1, 7A2. 7A1A, 7A1A1 and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1,James B. Martin Survey, Abstract No. 1134 LAND USE CATEGORY: There is not currently a 2030 Land Use Designation on the property. CURRENT ZONING: There is no zoning on the property. HISTORY: A plat for RP Estes Subdivision was filed with Tarrant County in 1947 prior to the property being added to the City. The property was added to the City of Southlake in 2015 in a Boundary Adjustment Agreement with the Town of Westlake and given the “AG” Agricultural District zoning designation. The following in a history of Phases I and II of Southlake Meadows to the south: A Land Use Plan Amendment from Low Density Residential and Mixed Use to Medium Density Residential for Savannah Estates (later changed to Phases I and II of Southlaike Meadows) was approved by City Council March 5, 2013. A Zoning Change and Development Plan (ZA12-088) for Savannah Estates (later changed to Southlake Meadows) from “NR-PUD” Non Residential Planned Unit Development, “AG” Agricultural District and “S-P-1” Detailed Site Plan District to “R-PUD” Residential Planned Unit Development District was approved by City Council on March 5, 2013. A Preliminary Plat (ZA13-037) for Savannah Estates (later changed to Southlake Meadows) was approved June 4, 2013. A Plat Revision (ZA13-074) for Southlake MeadowsPhase I was approved November 21, 2013. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The site does not currently have a 2030 Land Use designation since it was recently added to the City in a Boundary Adjustment Agreement with the Town of Westlake. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Sam School Rd. to be a two lane undivided collector with 70’ of right of way. Adequate right of way is shown to be dedicated on the plans. Pathways Master Plan & Sidewalk Plan Case No. Attachment A ZA15-137 Page 1 The Pathways Master Plan shows a ≥ 8’ multi-use trail planned along W. State Hwy. 114. The Pedestrian Access Plan shows an 8’ trail through the Open Space lot from Sam School Rd. to the S. H. 114 right of way and along S. H. 114 south to connect to the 8’ multi-use trail that was approved with the original R-PUD zoning. A 4’ sidewalk is required along Sam School Rd. and Jamestown Ln. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The development shows one street access onto Sam School Rd., which is currently under construction as a two lane undivided collector with 70’ of right of way. The traffic counts for this roadway are below. Sam School Rd. (between W. Dove Rd. & Kirkwood Blvd.) 24hr North Bound (747) South Bound (697) AM Peak AM (154) 8:00 – 9:00 AM Peak AM (38) 11:45 AM – 12:45 PM PM Peak PM (76) 5:00 – 6:00 PM Peak PM (92) 5:45 – 6:45 PM * Based on the 2015 City of Southlake Traffic Count Report Traffic Impact AM-AM-PM-PM- Use Lots Vtpd* IN OUT IN OUT Single Family Residential (210) 9 86 2 5 6 3 Vehicle Trips Per Day * * AM-In, AM-Out, PM-In and PM-Out are peak hour of generator on a weekday th * Based on the ITE: Trip Generation Manual, 7 Edition WATER & SEWER: The property will be served by an existing water line in Sam School Rd. Sanitary sewer for the development is proposed to connect to an existing 8” sewer line that runs along Jamestown Ln. in Southlake Meadows Phase II. TREE PRESERVATION: The Tree Preservation Plan shows that 50% of the existing canopy would be required to be preserved if this was a straight zoning case and 40.9% of the canopy is shown to be preserved. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting for the original Savannah Estates (later changed to Southlake Meadows) was held by the applicant on October 8, 2012. The applicant hosted a community meeting for the original Savannah Estates (later changed to Southlake Meadows) for concerned citizens on November 1, 2012 at Town Hall. The applicant hosted a community meeting for the original Savannah Estates (later changed to Southlake Meadows) for concerned citizens on January 3, 2013 at Town Hall. PLANNING AND ZONING COMMISSION ACTION: January 7, 2016; Approved (5-1) subject to the Revised Development Plan Review Summary No. 2, dated January 7, 2016 and also subject to the staff report dated January 7, 2016. Case No. Attachment A ZA15-137 Page 2 STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated Janiuary 11, 2016. Case No. Attachment A ZA15-137 Page 3 Case No. Attachment B ZA15-137 Page 1 PROPOSED R-PUD REGULATIONS Case No. Attachment C ZA15-137 Page 1 Case No. Attachment C ZA15-137 Page 2 Case No. Attachment C ZA15-137 Page 3 Case No. Attachment C ZA15-137 Page 4 APPROVED DEVELOPMENT PLAN FOR SOUTHLAKE MEADOWS PH I & II Case No. Attachment C ZA15-137 Page 5 PROPOSED DEVELOPMENT PLAN Case No. Attachment C ZA15-137 Page 6 TREE PRESERVATION PLAN Case No. Attachment C ZA15-137 Page 7 DEVELOPMENT PLAN REVIEW SUMMARY ZA15-137Three01/11/16 Case No.: Review No.: Date of Review: Development Plan – Southlake Meadows Phase III Project Name: APPLICANT: Randi L. Rivera, AICP OWNER: Jack Dawson G&A Consultants, LLC Maguire Partners – Solana Land, LP 111 Hillside Drive 1800 Valley View Lane, Ste 300 Lewisville, Texas 75057 Farmers Branch, Texas 75234 Phone: (972) 436-9712 (469) 892-7200 E-mail: randi@gacon.com Jack@centurionamerican.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/11/16 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 RICHARD SCHELL AT (817) 748-8602. 1. A Comprehensive Plan Amendment to Medium Density Residential must be approved by City Council before the zoning change request from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development can be approved. 2. A Preliminary Plat that conforms to the R-PUD district zoning must be processed and approved and then a Plat Revision processed and recorded prior to the conveyance of any lots or the issuance of any building permits. 3. Please revise the quantities of trees shown on the Landscape Plan to 15 of each type instead of 10. all 4. Please be aware that plans and exhibits submitted with an application for an R-PUD Residential Planned Unit Development District zoning are approved as part of the R-PUD zoning ordinance and that changes to the plans after Council approval will require re-approval of an R-PUD Zoning Change and Development Plan. 5. The Pathways Master Plan shows an 8’ multi-use trail along SH 114. The Pedestrian Access Plan shows an 8’ trail through the Open Space lot from Sam School Rd. to the S. H. 114 right of way and along SH 114 south to connect to the 8’ multi-use trail that was approved with the original R-PUD zoning. The sidewalk in the open space lot must be placed in a Pedestrian Access Easement. A note has been added to the Preliminary Plat to designate the open space lot as a Pedestrian Access Easement. A 4’ sidewalk is required along Sam School Rd. and Jamestown Lane. The required 4’ sidewalk along Jamestown Lane is shown on the Pedestrian Access Plan. Please show and label the 4’ sidewalk along Sam School Rd. 6. Zoning Ordinance No. 480, Section 43.9.c.1.f requires all fencing that runs roughly parallel to S. H. 114 to be constructed of the primary masonry materials of the building, wrought iron or living plant materials. It shall not run in a straight line without being offset by a minimum of 6 feet every 60 feet. An R-PUD regulation has been added stating that the wrought iron that runs parallel to SH 114 is allowed as shown on the fence plan with no articulation. Case No. Attachment D ZA15-137 Page 1 7. If necessary, please add language regarding a gas pipeline to the Final Plat as required by the Gas Well Ordinance. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. A Tree Conservation Analysis was submitted with both the Development Plan and Preliminary Plat submittals. Since a Preliminary Plat was submitted in conjunction with the Development Plan, a Tree Conservation Plan is not required to be submitted. The plan shows that 50% of the existing canopy would be required to be preserved if this was a straight zoning case and 40.9% is shown to be preserved (see the comment below regarding tree cover requirements in R-PUD zoning districts. Please be aware that the percentage of canopy to be preserved shown on the plan must be shown to be preserved on the Tree Preservation Plan that is required with the Plat Revision. If the percentage of canopy to be preserved cannot be met at that time or at the time of construction, approval of a zoning change or a variance to the Tree Preservation Ordinance will be required. 2. Thirty (30) trees are proposed to be planted within the north green belt area as mitigation for tree removal. The tree species are Arizona Cypress and Eastern Red Cedar. Please revise the quantitites of each tree to 15 instead of 10 on the plan. * Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. Case No. Attachment D ZA15-137 Page 2 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. 3. A Tree Conservation Plan based on conformity of the Preliminary Plat is required to be submitted with a Final Plat. Ensure that the trees that are proposed to be preserved can actually be preserved throughout the development construction phase. There appears to be some trees shown to be preserved that are in an existing concrete slab area. If the percentage of tree canopy shown to be preserved on the Tree Conservation Analysis cannot be preserved on the Tree Conservation Plan, the City Council must approve the change to allow a lower percentage of tree canopy to be preserved. LANDSCAPE COMMENTS: Case No. Attachment D ZA15-137 Page 3 1. Zoning Ordinance No. 480, Exhibit 43- C requires a 25’ Type “G” bufferyard along S. H. 114. An R- PUD regulation has been added to allow a variable width bufferyard and to allow the existing trees and native grasses to be left in their natural state. The City required plantings for a Type “G” Bufferyard shall not be required with this RPUD. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 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. 2. Construction within SH 114 right of way shall require a permit from TxDOT. Submit permit application prior to site plan approval. 3. Show proximity of gas well in site plan in Westlake. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * 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 SEWER COMMENTS: * Water and sewer lines cannot cross property lines without being in an easement or right of way. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. * Water and sewer lines in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: Case No. Attachment D ZA15-137 Page 4 1. Show drainage arrows on the existing drainage area maps. 2. Limits of 100- year floodplain shall be shown and contained within a dedicated drainage easement. 3. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. Since the majority of the runoff is entering the TxDOT system on SH 114; verify capacity to insure detention is not required for this phase. 4. Proposed culverts along right of way shall be sized by an engineer. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. 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/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre- construction, construction and post-construction erosion control measures. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * New Requirement: Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include SWPPP shall be timelines in relation to the project activities for installation and removal of controls. 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. * 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. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on Case No. Attachment D ZA15-137 Page 5 the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: 1. Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with un- sprinkled homes. (Hydrants are over-spaced on Jamestown Lane) Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 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 9 dwelling units = $27,000.00 . Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access to Trail System or sidewalk connection. 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. General Informational Comments * All sidewalks within a private lot or open space area need to be placed in a pedestrian access easement. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. Case No. Attachment D ZA15-137 Page 6 * All mechanical equipment must be screened of view from 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. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * 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 D ZA15-137 Page 7 1 SURROUNDING PROPERTY OWNERS MAP AND RESPONSES 2 Southlake Meadows Phase III 3 4 5 SPO # Owner Zoning Land Use Acreage Response 1. MAGUIRE PARTNERS SOLONA LAND L RPUD 2411 SAMS SCHOOL RD 1.02 NR 2. STRANGE, KIM AG 2350 CRAWFORD CT 0.54 NR 3. GRAPEVINE HISTORIC HOMES LLC AG 2355 CRAWFORD CT 0.49 NR 4. TOLL DALLAS TX LLC RPUD 2511 SAMS SCHOOL RD 0.49 NR 5. TOLL DALLAS TX LLC RPUD 2531 SAMS SCHOOL RD 0.54 NR 6. TOLL DALLAS TX LLC RPUD 0.47 NR 7. TOLL DALLAS TX LLC AG 0.06 NR 8. TOLL DALLAS TX LLC RPUD 0.49 NR 9. CRAWFORD, JAMES ANDERSON AG 2320 CRAWFORD CT 1.00 NR 10. WISE, PHILIP W AG 982 W DOVE RD 1.04 NR 11. 940 WEST DOVE RD LLC SF1-A 940 W DOVE RD 4.86 O 12. TOLL DALLAS TX LLC RPUD 2417 SAMS SCHOOL RD 10.07 NR 13. JANDON LTD AG 974 W DOVE RD 5.02 U 14. TOLL DALLAS TX LLC RPUD 2551 SAMS SCHOOL RD 3.08 NR 15. CRAWFORD, LOIS MAY AG 2390 CRAWFORD CT 1.03 NR 16. MAGUIRE PTNRS-SOLANA LTD RPUD 2407 SAMS SCHOOL RD 2.01 NR 17. MAGUIRE PTNRS-SOLANA LTD RPUD 2401 SAMS SCHOOL RD 2.24 NR 18. WEBSTER, PHILIP W AG 1052 W DOVE RD 1.17 NR 19. TOLL DALLAS TX LLC RPUD 2501 SAMS SCHOOL RD 5.85 NR 20. WILKS SOUTH LAKE DEVELOPMENT NRPUD 3000 KIRKWOOD BLVD 78.39 NR 21. RPUD 4.29 NR 22. TOLL DALLAS TX LLC RPUD 2651 SAMS SCHOOL RD 2.52 NR 23. RPUD 3.20 NR 24. TOLL DALLAS TX LLC RPUD 2631 SAMS SCHOOL RD 0.92 NR 25. TOLL DALLAS TX LLC RPUD 2550 SAMS SCHOOL RD 0.67 NR Case No. Attachment F ZA15-137 Page 1 26. RPUD 1.00 NR 27. RPUD 0.84 NR 28. TOLL DALLAS TX LLC RPUD 2601 SAMS SCHOOL RD 0.45 NR 29. RPUD 0.27 NR 30. RPUD 0.18 NR 31. RPUD 0.42 NR 32. RPUD 0.57 NR 33. RPUD 0.24 NR 34. RPUD 0.90 NR 35. TOLL DALLAS TX LLC RPUD 600 W DOVE RD 1.14 NR 36. RPUD 0.90 NR 37. RPUD 0.26 NR 38. RPUD 1.87 NR 39. MAGUIRE PTNRS-SOLANA LTD RPUD 800 W SH 114 2.00 NR 40. MAGUIRE PTNRS-SOLANA LTD RPUD 848 W SH 114 3.11 NR 41. RPUD 1.65 NR 42. RPUD 0.73 NR 43. MAGUIRE PTNRS-SOLANA LTD RPUD 800 W SH 114 0.99 NR 44. MAGUIRE PTNRS-SOLANA LTD RPUD 812 W SH 114 0.08 NR 6 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response 7 8 Case No. Attachment F ZA15-137 Page 2 9 Notices Sent: Forty-four (44) 10 11 Responses Received: Two (2) 12 Case No. Attachment F ZA15-137 Page 3 13 Case No. Attachment F ZA15-137 Page 4 14 15 16 Case No. Attachment F ZA15-137 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-709 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 7A1, 7A2. 7A1A, 7A1A1 AND 7B, BEING PORTIONS OF LOT 7, R. P. ESTES SUBDIVISION AND TRACTS 1A AND 1A1,JAMES B. MARTIN SURVEY, ABSTRACT NO. 1134, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 8.88 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 currently has no zoning under the City’s Case No. Attachment F ZA15-137 Page 1 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 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 Case No. Attachment F ZA15-137 Page 2 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 Tracts 7A1, 7A2. 7A1A, 7A1A1 and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1,James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas, being approximately 8.88 acres, and more fully and completely described in Exhibit “A” to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan attached Case No. Attachment F ZA15-137 Page 3 hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. 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 ZA15-137 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. Case No. Attachment F ZA15-137 Page 5 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. st PASSED AND APPROVED on the 1 reading the _____ day of _____, 2016. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the _____ day of _______, 2016. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA15-137 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-137 Page 7 EXHIBIT “A” Being described as Tracts 7A1, 7A2. 7A1A, 7A1A1 and 7B, being portions of Lot 7, R. P. Estes Subdivision and Tracts 1A and 1A1,James B. Martin Survey, Abstract No. 1134, City of Southlake, Tarrant County, Texas, being approximately 8.88 acres, and more fully and completely described below: Case No. Attachment F ZA15-137 Page 8 EXHIBIT “B” Reserved for approved Development Plan Case No. Attachment F ZA15-137 Page 9