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Item 7A 7A Y fir,. February 4, 2016 the Edmondson Law Firm, P.C. Via electronic mail Mr. Todd Parrish Chairman Planning and Zoning Commission City of Southlake 1400 Main St. Southlake, TX 76092 Re: Rural Residential Land Use Category/Rural Estate Residential Dear Chairman Parrish, I represent Mr. John Kuelbs who owns property located at 611 S. White Chapel Blvd and also two pieces of property at 430 and 460 Pine St. (the "Pine St. Properties") According to the courtesy notice that he received from the City of Southlake Planning Department all of these properties have been identified for consideration as properties to be included in a new land use designation called "Rural Residential." Mr. Kuelbs' property at 611 S. White Chapel Blvd is already zoned Residential Estate and he is not opposed to the new land use category designation for this piece of property. However the Pine St. Properties pose a different dilemma. The map provided with the courtesy notice indicates that the Pine St Properties are the only properties on Pine St that are slated to receive the new land use designation. This does not make sense and appears to be somewhat arbitrary in the designation. The collective acreage of the Pine St. Properties is approximately nine acres. Mr. Kuelbs is in the initial planning stages of developing a housing development on those properties that will line up with the current land use designation of"low density residential." If the Pine St. Properties receive the new land use designation, Mr. Kuelbs would be limited to only putting one home on both of those properties in order to meet the land use designation. This change in land use designation, if approved for the Pine St. Properties, 1 could significantly impact Mr. Kuelbs rate of economic return in a negative manner on those properties which he purchased as investments a number of years ago. Your consideration of Mr. Kuelbs' concerns is greatly appreciated. On his behalf I am requesting that the Planning and Zoning Commission do not recommend the Pine Street Properties for inclusion in this new land use category for the reasons that I have detailed above. I intend to be at the Planning and Zoning Meeting this evening and will be happy to answer any of your questions. Sincerely, Debra Edmondson Attorney The Edmondson Law Firm,P.C. CC: Mr.John Kuelbs—via email 2 1 ' February 4, 2016 the Edmondson Law Firm,P.C. Via electronic mail Mr. Todd Parrish Chairman Planning and Zoning Commission City of Southlake 1400 Main St. Southlake, TX 76092 Re: Rural Residential Land Use Category/Rural Estate Residential Dear Chairman Parrish, I represent Mr. William Lafavers who owns property located at 520, 530, 580, 620, and 540 S. White Chapel Blvd (the "Lafavers' Properties"). Mr. Lafavers received a courtesy notice from the City of Southlake Planning Department recently indicating that the Lafavers' Properties have been identified for consideration as properties to be included in a new land use designation called "Rural Residential." Mr. Lafavers opposes the land use designation being changed on the Lafavers' Properties from the current designation of "Low Density Residential." Both Mr. Lafavers and I were in attendance at the Spin Meeting of January 26, 2016 in which the Planning Department presented this proposed change. The choice of properties that have tentatively been assigned this designation appears to be rather arbitrary. In fact, certain parcels of land like the Lafavers' Properties and others along S. White's Chapel Blvd were included while other properties throughout Southlake that may also meet the criteria purportedly behind the designation were not.l Examples of properties not proposed to be included in the Rural Residential land use category that appear to meet the criteria offered by the City Staff at the Spin Meeting include the Zena Rucker property,the Art Janes Property and the Milner property. There are likely others. 1 Mr. Lafavers has owned this land for forty-two (42) years. The Lafavers' Properties comprise approximately thirteen (13) acres. This change in land use designation, if approved, would significantly impact and limit Mr. Lafavers ability to develop this acreage which he may do at some later point in time. The house/acre ratio of one house per five acres virtually removes the opportunity for any meaningful rate of economic return on the acreage and in fact essentially would result in a multi-million dollar loss in value to the property. Your consideration of Mr. Lafavers' concerns is greatly appreciated. On his behalf I am requesting that the Planning and Zoning Commission do not recommend the Lafavers' Properties for inclusion in this new land use category for the reasons that I have detailed above. I intend to be at the Planning and Zoning Meeting this evening and will be happy to answer any of your questions. Sincerely, Debra Edmondson Attorney The Edmondson Law Firm, P.C. Ordinance No. 1138 AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030 PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE. WHEREAS, a Home Rule Charter of the City of Southlake, Texas, was approved by the voters in a duly called Charter election on April 4, 1987; and, WHEREAS, the Home Rule Charter, Chapter XI requires an update to the City's comprehensive plan elements every four years, WHEREAS, the City Council recognizes that the Consolidated Future Land Use Plan is an element of the Southlake 2030 Plan, the City's Comprehensive Master Plan, WHEREAS, the City Council has determined that the Consolidated Future Land Use Plan complies with the Southlake 2030 Vision, Goals, & Objectives, WHEREAS, the City Council has deemed that the Consolidated Future Land Use Plan has been formulated with adequate public input, WHEREAS, the City Council has deemed that the recommendations in the Consolidated Future Land Use Plan herein reflect the community's desires for the future development of the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. All of the findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this ordinance as if copied in its entirety. Section 2. The purpose and definition of the Rural Estate Residential Future Land Use category shall be as follows: Purpose: To identify, provide for, and preserve the rural aesthetics and natural resource characteristics of very low density single-family residential development. Definition: The Rural Estate category is for detached single-family residential development at a net density of one or fewer dwelling units per 5 acres. The Rural Estate category encourages the openness and rural character of the City. Ordinance No. 1138 Section 3. The Rural Estate Residential future land use category shall be incorporated with other future land use categories found within the Consolidated Future Land Use Plan. Section 4. The Future Land Use Plan designation for parcels indicated in Exhibit "A" is changed to Rural Estate Residential. Section 5. The different elements of the Comprehensive Master Plan, as adopted and amended by the City Council from time to time, shall be kept on file in the office of the City Secretary of the City of Southlake, along with a copy of the ordinance and minute order of the Council so adopting or approving the same. Any existing element of the Comprehensive Master Plan which has been heretofore adopted by the City Council shall remain in full force until amended by the City Council as provided herein. Section 6. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 8. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 9. 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 Ordinance No. 1138 ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of 2016. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ordinance No. 1138 EXHIBIT A Reserved for approved document Ordinance No. 1138