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Item 6A CITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT February 22, 2016 CASE NO: ZA15-131 PROJECT: Zoning Change and Concept Plan for 1814 Our Lane EXECUTIVE SUMMARY: Larry Gallant is requesting 2nd reading approval of a Zoning Change and Concept Plan for 1814 Our Lane on property described as Tract 2C4, William H. Martin Survey, Abstract No 1068, Southlake, Tarrant County, Texas and located at 1814 Our Lane, Southlake, Texas. Current zoning: "AG"Agricultural District. Proposed zoning:"SF-30" Single Family Residential District. SPIN Neighborhood # 5. REQUEST: The applicant is requesting 2nd reading approval of a Zoning Change and Concept Plan from "AG Agricultural District to "SF-30" Single Family Residential District to allow construction of a new home on an approximately 36,442 square foot tract of land. The minimum lot area in the"SF-30 zoning district is 30,000 square feet.An application for a one-lot plat showing, which can be administratively approved, has also been submitted. The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 36,442 square foot (0.8366 acre) lot to be rezoned to "SF-30"while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. VARIANCE REQUESTED:A variance to Subdivision Ord. No. 483, Section 8.01(A),which requires that all lots front on a public or private street, is requested. Our Lane is currently a private street that doesn't meet the requirements in Subdivision Ordinance No. 483, as amended, Section 5 for a public or a private street. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists and has submitted a letter agreeing to the condition that has been placed on other lots that have been approved on Our Lane, which is as follows: a. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow emergency vehicles to respond to emergencies. The other properties that have been rezoned and platted on Our Lane were also required to provide an 8" water line to the property prior to issuance of a building permit.An 8"water line has been extended to all of the properties that abut Our Ln.,so that requirement is not necessary with this case. Case No. ZA15-131 ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Concept Plan Review Summary No. 3 dated January 28, 2016 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-710 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA15-131 BACKGROUND INFORMATION OWNER/APPLICANT: Larry Gallant PROPERTY SITUATION: 1814 Our Lane LEGAL DESCRIPTION: Tracts 2C4, William H. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-30" Single-Family Residential District HISTORY: - The property was annexed into the City in 1987 and given the "AG" Agricultural zoning designation. -The previous home on the property was demolished in 2015. SOUTHLAKE 2030 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to"SF-1A"Single Family Residential District is consistent with this land use designation. PATHWAYS MASTER PLAN: The subject property is exempt from the sidewalk requirement because sidewalks do not exist on both sides of the lot and the lot is not located within 1500' of a public or private school on the same side of the street. WATER & SEWER: This site is currently serviced by an 8"water line in Our Lane. City sewer is not available, so the site will be served by a private septic system. DRAINAGE COMMENTS: Drainage is generally to the north and west. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: Based on the percentage of existing tree coverage, 60% of the existing canopy is required to be preserved. Four oak trees and one cedar tree are proposed to be removed, which clearly meets the requirements of the Tree Preservation Ordinance. CITIZEN INPUT: A SPIN meeting was not held for this case. PLANNING AND ZONING COMMISSION ACTION: February 4, 2016; Approved (5-0) subject to the staff report dated January 28, 2016 further subject to the Concept Plan Review Summary No. 3 dated January 28, 2016 and also noting the specific approval of the variance requested. CITY COUNCIL ACTION: February 16, 2016; Approved at 1St reading (5-0) granting the variance to Subdivision Ord. No. 483, Section 8.01(A), which requires all lots to front on a public or private street, further noting the applicant's acknowledgement that the City will not maintain Our Ln. and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow vehicles to respond to Case No. Attachment A ZA15-131 Page 1 emergencies and further that this property will need to provide sufficient improvements on Our Ln. to support emergency vehicle turnaround at the property, and further directing staff to work with the neighborhood to explore options to provide adequate roadway access to the properties in this area,also noting that the City Council finds that a Land Use Plan Amendment is not required as this is a preexisting tract that is not being further subdivided and also subject to the staff report dated February 8, 2016 and Concept Plan Review Summary No. 3 dated January 28, 2016. STAFF COMMENTS: Concept Plan Review Summary No. 3 dated January 28, 2016 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. A one lot plat showing can be approved administratively. Case No. Attachment A ZA15-131 Page 1 Vicinity Map 1814 Our Lane oti 0 1600 1602 1599 1601 1603 SADDLEC EEK DR(PVT) 1880 1870 1860 1850 4 1606 1600 1603 160 N �6p1 w m W 208 Randol Millto J �Q 208 Randol Mill 1801 1829 J uN'1 V V (^'7 (� O J r r r o A O cC 00 r r N O r 1 d)Z O O 00 N (0 O 047 In 0) M N N (00 [00 (00 CO (0 (0 (0 1710 1712 200 1730 1740 1760 1 0 1 O 1701 0 o o 1720 N W U 0 1718 � N o 12 O N N o .I ~~ N ZA 15-131 W � E Zoning Change and S Concept Plan 0 200 400 800 1,200 u Feet Case No. Attachment B ZA15-131 Page 1 Variance Request Letter Letter Requesting a Variance to Subdivision Ordinance No 483, Section 8.01(A) Case No.ZA15-131 APPLICANT: Larry Gallant PROJECT SITE: 1814 Our Lane 2364 Mockingbird Dr. Grapevine,TX 76051 To:City of Southlake I, Larry Gallant,am requesting a variance to Subdivision Ordinance No.483,Section 8.01(A)as amended, and agreeing to the conditions that have been placed on other lots that have been approved on Our Lane,which is as follows: a. I acknowledge that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. Thank You, L' Larry Gallant Case No. Attachment C ZA15-131 Page 1 Concept/Tree Preservation Plan LOT 5, W. MARTIN NO. 1068 ADDITION LOT 6, W. MARTIN NO. 1068 ADDITION DOC. NO. D2081 56 79 4 P.R.T.C.T. DOC. NO. D2081 56 79 4 P.R.T.C.T. ILITY EASEMENT 30'ACCESS EASEMENT OUR LANE 56794 P.R.T.C.T DOC.N 0.D208156794 P.R.T.C.T (.ra•reoaa aro uru,r rnswrxr I P.O.B. S' /2"IRF./CAP"RLc INC" N 89`15'40' E 200.07 ——— — — 2"IRF BEARS S]322•E-0.47 1/Z _———_—— a N 89'15.40•'E 95.00• z"IRF 5/8"IRE 30'EAS MENT R UTILITY PURPOSES VOL 5]2.PG.380 .T __ 30'P VA ROAD A AND PUBLIC UTILITY EASEM —————— TO BE DE CATE T `r Q GENE D BURGER -p VOL. 16209, PG. 541 0 D.R.T.C.T. 888 w C' W o' U Q Z Co p1 5'B.L. d °� �� 3075 SQ. FT. m a o U CA o f 688 a _ W GENE D BURGER o o F: DOC. N0. D203042916 4'- 4 ` D.R.T.C.T. I o 0 3 u� 0.068 ACRE W k —�z _ Z= a 10 5/1 ROP SED T 8 JOSH SHATLEY > a C)ap BU DING" -� VOL. 16127, PG. 78 a Of o F00 PF�NT 0,836 O D.R.T.C.T. e N I bqz �O p z I dam" 40•B.L. - RY GA LA DOC. D21 08 87 �. .T. .T.41, _ s/6"IRE S 89°13'10" W 199.37' –-Z— — — — — — — — — rn �m 0.2712 ACRE zQ BRUCE C. & REBECCA BREISCH 0.0631 ACRE Case No. Attachment C ZA15-131 Page 2 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA15-131 Review No.: Three Date of Review: 01/28/16 Project Name: Concept Plan — 1814 Our Lane APPLICANT: Larry Gallant 2364 Mockingbird Dr. Grapevine, TX 76051 Phone: (817) 229-5110 E-mail: n_gate@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/19/16 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. 2. The total size is less than the required 1 acre minimum for a private septic system. Sanitary sewer is not available to this site. A variance from the Zoning Board of Adjustment will be required to allow a septic system on a lot less than one acre in size. The applicant is on the agenda for the February 11, 2016 meeting. A site analysis has been provided showing that the site will support an on-site sewage facility (OSSF) to the west of the proposed building pad with no additional trees being removed. 3. Approval of a variance is required to allow the lot to not front on a public street. A variance request letter has been submitted requesting a Variance to Subdivision Ordinance No. 483, Section 8.01(A), as amended, agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows for this lot: a. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Although the existing tree cover preservation percentages are not provided, the proposed tree preservation complies with the existing tree cover preservation requirements. 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. Case No. Attachment D ZA15-131 Page 1 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alejandra (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. Proposed private streets must be constructed to conform to City street standards. Provide letter if asking for a variance. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 SEWER COMMENTS: 1. Lot size is less than the required 1 acre minimum for a private septic system. Sanitary sewer is not available to this site. 2. Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. * Water and sewer lines cannot cross property lines without being in an easement or right of way. DRAINAGE COMMENTS: * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: Case No. Attachment D ZA15-131 Page 2 Any hazardous waste being discharged must be pretreated per Ordinance No. 836. 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. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Community Service Review Peter Kao Construction Manager Phone: (817) 748-8607 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: No park fees are required. An existing dwelling is being replace by one dwelling. Pathway Comments: NA General Informational Comments No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Case No. Attachment D ZA15-131 Page 3 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 ZA15-131 Page 4 Surrounding Property Owners 1814 Our Lane oti 1600 1599 1601 1 SADDLEC EEK DR(PVT) 1880 1870 1860 1850 1600 1 10p1 W 208 Randol Mill 9829 208 Randol Mill 1801 r 00 -7, < N � O r V �Z O O J o o m 0 1710 1712 1�Zp =17301760 0 1701 0 o O 1720 r N m W 1718 m o O N N O O -----4 O SPO # Owner Zoning 1M Address Acreage Response 1. NDUKWE,VINCENT SF1-A 1870 RANDOL MILL AVE 2.06 NR 2. BURGER,GENE AG 1828 OUR LN 0.08 NR 3. SHATLEY,JOSH AG 1734 OUR LN 0.61 NR 4. GALLANT, LARRY J AG 1814 OUR LN 0.79 NR 5. BREISCH, BRUCE C AG 1728 OUR LN 0.11 NR 6. BREISCH, BRUCE C AG 1728 OUR LN 0.22 NR 7. GALLANT, LARRY J AG 1800 OUR LN 1.13 NR 8. VANN,JIMMY ETAL BRUCE NR VANN AG 1712 RANDOL MILL AVE 0.82 9. CHANG,YIN CHUN AG 208 RANDOL MILL AVE 10.75 NR 10. CHANG,YIN CHUN AG 1825 MARANATHA WAY 2.85 NR 11. OEVELEN,TOM V SF1-A 18 12. HENDERSON, BERWYN AG 1720 RAN DOL MILL AVE 0.75 NR 13. GALLANT, LARRY J AG 1800 OUR LN 0.84 NR 14. SPENCER, KATHLEEN E EST SF1-A 1742 OUR LN 0.95 NR 15. SPURIA, DAVID SF1-A 1880 RAN DOL MILL AVE 3.11 16. JOHNSON, SCOTT A AG 1833 OUR LN 0.57 NR 17. BYLER,JOHN SF1-A 1829 OUR LN 1.46 NR 18. BURGER,GENE AG 1828 OUR LN 0.03 NR Case No. Attachment E ZA15-131 Pagel 19. SHATLEY,JOSH LOU AG 1846 OUR LN 0.47 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Nineteen (19) Responses Received: Two (2) - Attached Case No. Attachment E ZA15-131 Page 2 Notification Response Form 2,415 13 brualry 4,2016 at 6:30 PM RD 5" 4-to-l t t T—f 76092 VIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY RF THE START OF THE SCHEDULED PUBLIC HEARING. ng the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) oposed Zoning Change and Concept Pian referenced above. ments regarding your position: f.' Date:� � b ,nature: _ Date: (s): c� r(s)whose nams(s)are printed at tap. Otherwise contact the Planning Department. Cine farm par property, er (optional): 15)t 616 U-9 Case No. Attachment E ZA15-131 Page 3 Notification Response Form ZA15-131 Meeting Date: February 4, 2016 at 6:30 PM SPURIA, DAVID 1880 RANDOL MILL AVE SOUTHLAKE, TX 76092 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 one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: F: 4 Signature: Date: 11 1- Additional Signature: Gij'� _ Date: \h-0 c� Printed Name(s): Must be property owner(s)whose name(s)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA15-131 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-710 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 2C4, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.8366 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY RESIDENTIAL 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 general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment F ZA15-131 Page 1 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 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 ZA15-131 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 Tract 2C4, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 0.8366 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following Case No. Attachment F ZA15-131 Page 3 conditions: City Council motion at 1St reading: February 16, 2016; Approved at 1St reading (5-0)granting the variance to Subdivision Ord. No. 483, Section 8.01(A), which requires all lots to front on a public or private street, further noting the applicant's acknowledgement that the City will not maintain Our Ln. and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow vehicles to respond to emergencies and further that this property will need to provide sufficient improvements on Our Ln. to support emergency vehicle turnaround at the property,and further directing staff to work with the neighborhood to explore options to provide adequate roadway access to the properties in this area, also noting that the City Council finds that a Land Use Plan Amendment is not required as this is a preexisting tract that is not being further subdivided and also subject to the staff report dated February 8, 2016 and Concept Plan Review Summary No. 3 dated January 28, 2016. 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, Case No. Attachment F ZA15-131 Page 4 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. 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 Case No. Attachment F ZA15-131 Page 5 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 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 16th day of February, 2016. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2016. MAYOR Case No. Attachment F ZA15-131 Page 6 ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA15-131 Page 7 EXHIBIT "A" Being described as Tract 2C4, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 0.8366 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA15-131 Page 8 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment F ZA15-131 Page 9