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Item 7B 13 CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT January 10, 2017 CASE NO: ZA16-080 PROJECT: Zoning Change and Concept Plan for 2001 Randol Mill Ave. EXECUTIVE SUMMARY: G&A Consultants on behalf of Dustin Ray is requesting approval of a Zoning Change and Concept Plan on property described as Tract 3602, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas; located at 2001 Randol Mill Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 5. DETAILS: The subject property is generally located on the east side of Randol Mill Avenue, approximately 1,000 feet south from the Town of Westlake borderline; in between Dove Acres and Hillwood Estates. The purpose of this item is to seek approval of a Zoning Change and Concept Plan for one (1) single-family residential lot on approximately 1.607 gross acres. The net acreage after right of way dedication is approximately 1.579 acres. Zoning "AG" "SF-1A" Land Use Designation Low Density Residential Low Density Residential Number of Lots/Dwelling Units 1 (tract) / 1 DU 1 lot/ 1 DU Gross / Net Lot Acreage 1.607/ 1.579 1.607 / 1.579 Tree Preservation The site contains 30% of existing (585-D) tree cover; 60% is required to be 64.8% to be preserved preserved. Existing structures on the property include a two-story brick residence, a garage and a pool with concrete decking. The proposed project calls for the removal of all existing structures. In their place, a new residence will be built along with a new pool and concrete driveway. An associated single-lot plat showing is currently in process for filing under City case number ZA16-060. Case No. ZA16-080 P&Z Recommendation Applicant's Response The applicant met with all neighbors that were It was recommended that the applicant meet with the present at the meeting, immediately following the neighbors prior to City Council regarding any issues action taken by P&Z. The applicant has indicated with the application, most notably drainage concerns. to staff that an additional meeting with the neighbors is being pursued prior to City Council. ACTION NEEDED: Consider Approval of 1St Reading for a Zoning Change & Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 3, dated December 28, 2016 (D) Surrounding Property Owners Map & Responses (E) Ordinance No. 480-723 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Project Narrative Link to Plans Page 2 — Plat Showing Page 3— Concept Plan Page 4— Existing Drainage Map Page 5— Proposed Drainage Map Page 6— Grading Plan Page 7— Utility Plan Page 8 —Tree Survey Page 9—Tree Coverage Preservation Plan STAFF CONTACT: Ken Baker (817) 748-8067 Lorrie Fletcher (817) 748-8069 Case No. ZA16-080 BACKGROUND INFORMATION OWNER: Dustin Ray APPLICANT: G&A Consultants PROPERTY SITUATION: 2001 Randol Mill Avenue LEGAL DESCRIPTION: Tract 3602, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District PROPOSED ZONING: "SF-1A" Single-Family Residential District HISTORY: - The property was annexed into the City of Southlake in 1970 as "AG" (Ord. No. 177). - Permits were issued in December 1976 to construct a 2,950 square foot single-family residence on the property and install a septic system. - A permit was issued in December 1981 to construct a 750 square foot accessory building on the property. SOUTHLAKE 2030 PLAN: Future Land Use Plan The 2030 future land use 60 E > 6°3 665 6 designation for the site is Low Density Residential which is ,fio-a defined in the Southlake 2030 plan Town of 12 s _ _ as follows: Westlake Hol TO 16°5 HG7 LOW DENSITY RESIDENTIAL Purpose: The purpose of the Low nsiTy Res! -W11 M1606 160 Low Density Residential land 600 602 6� 6°' 7599 16P' use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Definition: The Low Density Residential 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. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan does not indicate any planned sidewalk Case No. Attachment A ZA16-080 Page 1 construction along Randol Mill Avenue at this location. A residential lot that is platted as a single lot of record is exempt from any sidewalk construction requirements, unless there are existing sidewalks on both sides or if the lot is within 1,500 feet of a public or private school. The subject lot does not meet these criteria so sidewalk construction is not required with this development. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed lot has direct access to Randol Mill Avenue; this portion of Randol Mill Avenue is categorized as a local street (with 50' of right of way). TREE PRESERVATION: The applicant has submitted a Tree Survey and Tree Preservation Plan indicating the proposed existing tree cover preservation complies with the required Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance (585-D). The site contains 30% of existing tree cover and 60% of that tree cover is required to be preserved. 35.2% of the existing tree cover is proposed to be removed and 64.8% is proposed to be preserved. UTILITIES: Water There is an existing 8" water line along Randol Mill Avenue which serves this property. Sewer There is currently no public sewer available at the property. The applicant is proposing to connect tor1600 an existing 8 inch sewer main that runs along the north side of Pheasant Lane by runningapproximately 199 linear feet of 8 1602inch sewer line from the southeast boundary of the property as shown on the submitted concept plan and utility plan. CITIZEN INPUT: To date, no SPIN meeting has been held for this item. PLANNING & ZONING COMMISSION: January 5, 2017; Approved (6-0) as presented, subject to the Staff Report dated December 30, 2016 and Concept Plan Review Summary No. 3 dated December 28, 2016; and noting the applicant's willingness to meet with the three (3) neighbors noted in the staff report and presentation this evening regarding their concerns on the application prior to City Council. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated December 28, 2016. Case No. Attachment A ZA16-080 Page 2 Vicinity Map 2001 Randol Mill Avenue DOVE RD J •baa 1402 1404 16011 s602 9804 766 1 1 1Eg7 1609 1 O 1801 1603 1886 Z 10.74 16X 1600 fba21608 1650 1812 1614 MOCKINGBIRD IRDI] TNT 19 3 leo�_ iNf '909 1611 1613 1515 181 AGOG 1e0B 1elo a61.2 1614 'S'E 1618 1847 1902 1i 1607 1809 1e11 5e13 1615 1817 s6 75�P �bfl5 seal 1803 4�K c 'GOS X 10 1612 7654 'S, sTa 1st 1ssa REGAL OAKS DR 19aQ 1605 !N7 1ba5 1611 5613 d U' TUSCAN 0 N G m J 1701 7 I t 1661 �—' 1 4'a J — — — 1857 P f'i 1 1 db •. 5 ZA16-080 r Zoning Change & Concept Plan r.w 500 1.000 2000. Feet Case No. Attachment B ZA16-080 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA16-080 Review No.: Three Date of Review: 12/28/16 Project Name: Zoning Change / Concept Plan —2001 Randol Mill Avenue APPLICANT: G&A Consultants OWNER: Dustin Ray Justin Lansdowne 144 Old Town Blvd., Ste 2 2001 Randol Mill Avenue Argyle, TX 76226 Southlake, TX 76092 Phone: 940-240-1012 Phone: 214-402-4095 Email: Justin@gacon.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 12/22/16 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 THE APPROPRIATE STAFF MEMBER. Planning Department Review Lorrie Fletcher Planner I Phone: (817) 748-8069 Email:Ifletchera-ci.southlake.tx.us 1. All development must comply with the approved underlying zoning district regulations. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed existing tree cover preservation complies with the required Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The site contains 30% of existing tree cover and 60% of that tree cover is required to be preserved. 35.2% of the existing tree cover is proposed to be removed and 64.8% is proposed to be preserved. 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. Case No. Attachment C ZA16-080 Pagel * Indicates informational comment. Public Works/Engineering Review Om Chhetri, PE Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements will be necessary with the review of civil construction plans. 2. The offsite drainage boundary shall be shown in the plans (i.e OS, OS1 and OS2). 3. The proposed sanitary sewer and appurtenances within an easement shall be constructed to City Standards. Include City standard details for sewer at the end of the civil construction plans. 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.citvofsouthlake.com/PublicWorks/engineeringdesign.asp * 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. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: An automatic fire sprinkler system will be required for residences over 6,000 square feet. (Per 2015 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. Case No. Attachment C ZA16-080 Page 2 All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 85,000 pounds GVW) FIRE HYDRANT COMMENTS: All residences must be located within 1000 feet of a fire hydrant, measured as the hose would be laid, or a hydrant will be required to be added. General Informational Comments Staff strongly recommends contacting Daniel Cortez in the City Manager's Office to determine if a SPIN meeting would be beneficial to your application. Daniel can be contacted by phone at (817) 748-8029 or by e-mail at dcortez(a)ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. 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 11, "SF-1A" Single Family Residential District. Please note: the submitted building elevations were requested for staff review purposes only due to items shown on the concept plan that may cause non-compliant issues. City Council approval of the zoning change and concept plan will not constitute approval of the structure(s)/elevations. Building plans will be reviewed for code compliance prior to the issuance of any building permits. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment C ZA16-080 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES N � N W Q U �h0 of fi 1606 1402 1404 w 1600 1602 1604 160 MIN , J1609 1401 O 1601 1603 h605 160T Q m Q N �V N 604 1608 1600 1602 1608 1610 1612 1614 621 MOGKINGBIRD 60 05 1607 1609 1611 1613 1615 161 1618 1 1606 1610 1612 161-0 1616 1818 762 622 1602 1507 1609 1611 1613 1615 1617 1619 621 1@B 1601 1003 S DgrMI ��c PARKER,JASON W SF1-A 1604 PHEASANT LN 1.03 U 2. HAI DAR, AIDA M SF1-A 1606 PHEASANT LN 1.05 NR 3. HINES, WARNER SF1-A 1600 PHEASANT LN 1.05 NR 4. LILLARD, STEPHEN B SF1-A 1602 PHEASANT LN 1.00 NR 5. RYAN, SHAUN PATRICK SF1-A 1607 PHEASANT LN 1.38 NR 6. VU, DUYEN SF1-A 1605 PHEASANT LN 1.09 NR 7. BELL,JOHN G SF1-A 1603 PHEASANT LN 1.08 NR 8. WHITE, DAVID W SF1-A 1601 PHEASANT LN 0.98 NR 9. KOFOED, PETER K SF1-A 1607 MOCKINGBIRD LN 1.01 NR 10. SCHLAUCH, WILLIAM SF1-A 1605 MOCKINGBIRD LN 1.00 U 11. CHEN, HENRY I SF1-A 1603 MOCKINGBIRD LN 1.03 F 12. SHIREY,JAMES W SF1-A 1601 MOCKINGBIRD LN 1.00 NR 13. RAY, DUSTIN AG 2001 RAN DOL MILL AVE 1.72 NR 14. Town of Westlake NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Fourteen (14) Responses Received: Three (3) —two (2) undecided and one (1) in favor See attached Case No. Attachment D ZA16-080 Pagel Notification Response Form Direct questions and mail responses to: ZA16-080 City of Southiake Meeting date: January 5, 2017 at 6:30 PM Planning $. Development Services Notification Response 1400 Main St, Ste 310 SCHLALICH WILLIAM Southlake,TX 76092 1605 MOCKINGBIRD LN Phone: (817)7+18-8621 SOUTHLAKE TX 76092-3449 Fax: (817)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owners} of the property so noted above, are hereby in favor of opposed to r undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above Space for comments regarding your position: Signature: Date: Additional Signature: A �(�C4-4 r �� Date:� L Printed Names}: 1': ',-)c A�• ,q C,l MUSt be Property Q%ner:s)whose r}drntt(5)are printed at top 3therw se oontac!the Fnannng[]era tmcnt One form pef property. Phone Number (optional): Case No. Attachment D ZA16-080 Page 2 Notification Response Form W MBO Meeting Date: January 5, 2017 at 6:30 PAS PARKER, JASON 1604 PHEASANT LN OUTHLAICE TQC 76092-3435 PLEASE PROVIDE COMPLETED FORMS VIA MAIL. FAX OR HAND DELIVERY BEFORE THE START OF THE SC14EDULED PUBLIC HEARING. Being the owner{s} of the property so noted above, are hereby in favor of opposed to undKide about (circle or underline one) the proposed Zoning Charge and Concept Plan referenced above. Space for cfommenIs regarding y*ur posMon: / + / j / +`! --f-Ae —10.i,nrnC aSJ ++ uf!Te.tCl+ j �G+- ' !""tiC� Cx 6 �AG n' 6 te C 7rr� r{ e rbc C!Kj4 AM r� e r ;,e r 'JS L•5 5 4%kt -. Yyr F 'r11 l-- 11l`l VLL le4 4#i A fe''Lj 41f` 12 b ki f+Nzdl'olex 04 `[} Q �Q07�'�+t (?&rkA h, j4,*ff ew+icc f-oo-t i { 6 e r x xnt�+ &65 ;; 4,W14t ?�'4rK ik, b+' be c�.11-SL24 45 `6 ro f fo-nr' if G4 Q l .0 u1r+M xC [jraj.. j5 -fltiX (tor o1 51wwS a V{-' mower` k ok 5i I Ere � Signature- r Date: S �' Additional Signature; Date: Printed arne(s)- _ �o - # ' Bust be proparig own 21(s%tvhc-�e name(%)are prii,ted at bdp. OthEnvise contact the Planning Deporkwnt. One form par properly, Phone Number (optional): Case No. Attachment D ZA16-080 Page 3 Notification Response Form Direct questions and mail responses to: ZA16-080 City of Southlake Meeting Date: January 5. 2017 at 6:30 PM Planning & Development Services Notification Response 1400 Main St: Ste 310 CHEN. FIPNRY I Southlake, TX 76092 1603 MOCKINGBIRD LN Phone: (817)748-8621 SOUTHLAKE TX 76092-3449 Fax: (817)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: CL— Date: Additional Signature: Date: Printed Name(s): lle�llr ' Must be properly owner(s)whose name(s)are printed at top. Otherwise contact the Planning Department One form per property Phone Number (optional): Case No. Attachment D ZA16-080 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-723 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 31302, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, APPROXIMATELY 1.607 ACRES FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" 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 District under the City's Comprehensive Zoning Ordinance; and Ord. No. 480-723 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to 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 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 Ord. No. 480-723 Page 2 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 3B02, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1 .607 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the Ord. No. 480-723 Page 3 following conditions: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over- crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Ord. No. 480-723 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a Ord. No. 480-723 Page 5 public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of January 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of February 2017. MAYOR ATTEST: Ord. No. 480-723 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Ord. No. 480-723 Page 7 EXHIBIT "A" LEGAL DESCRIPTION 1.607 Acres Being all that certain lot,tract or parcel of land situated in the W- H- Martin Survey,Abstract Number 1068 and the C. Dart Survey, Abstract Number 2003, City of Southlake, Tarrant County, Texas, and being all of that certain tract of land described in deed to John Kurecka and wife L. Marie Kurcka, recorded in Volume 8290, Page 168, Deed Records, Tarrant Cou nty,Texas and being more particularly described as follows; BEGINNING at a 112"rebar found at the southwest corner of said Xurecka tract, being the northwest corner of that certain called 7'right-of-way dedication as evidenced by Hillwood Estates, an addition to the City of 5out hiake,Tarrant County, Texas, recorded i n Cabinet A,51ide 284 !Document Number D18919399)of the Plat Records of Tarrant County,Texas, and being on the east line of County Road No- 3035 (Randal Mill Avenue); THENCE N 32°20'00" E, 170.07 feet (called 170.0 feet)with the west line of said Kurcka tract and the east line of said County Road No. 3040 to a 1" &5/8"rapped rebars found in concrete at the northwest corner of said Kurecka tract, being the southwest corner of that certain 15' right-of-way dedication as evidenced by Dove Acres,an addition to the City of Southlake, Tarrant County,Texas, recorded in Volume 388-132, Page 79 of the Plat Records of Tarrant County,Texas THENCE N 89"48'00" E,4 10.36 feet [called 410-1 feet)with the north line of said Kurecka tract and the south line of said Dove Acres to a 1/2"rebar found at the northeast corner of said Kurecka tract, being the northwest corner of Lot 3, Block 1 of said Hill wood Estates; THENCE 5 00°01'00"W, 155.90 feet(called 154-30 feet)with the east line of sa id Kurecka tract and the west line of said Lot 3 to a 112" rebar found at the southeast corner of said Kurecka tract,being an inner ell corner in the west line of said Lot 3 THENCE N 89'57'30"W. 292.85 feet(called 291.79 feet)with the south line of said Kurecka tract and the north line of said Hiliwood Estates to a 1/2"rebar found at an angle point. THENCE N 87°06'00"W,208.69 feet(called 210 feet)with the south line of said Kurecka tract and the north line of said Hillwood Estates to the POINT OF BEGINNING and containing a tely 1.607 acres of land. 0� Sgt , ► S. H� SU Ord. No. 480-723 Page 8 EXHIBIT "B" RESERVED FOR APPROVED CONCEPT PLAN Ord. No. 480-723 Page 9