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Item 6A 13 r ITY OF S0UTHLA1<.,,,E Department of Planning & Development Services STAFF REPORT May 30, 2017 CASE NO: ZA17-026 PROJECT: Zoning Change & Concept Plan for Lots 17, 18 and 19, J.J. Freshour No. 521 Addition EXECUTIVE SUMMARY: Fred R. Joyce Construction is requesting 2nd reading approval of a Zoning Change and Concept Plan for Lots 17, 18 and 19, J.J. Freshour No. 521 Addition to develop three residential lots on property described as Tracts 9131 and 9C1A, J.J. Freshour Survey, Abstract No. 521, City of Southlake, Tarrant County, Texas, and located at 550 Randol Mill Ave. and 2300 Hillside Ct., Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-1A" Single Family Residential District. SPIN #11. REQUEST DETAILS: The property is located north of Hillside Ct. and west of Randol Mill Ave. (F.M. 1938) approximately 0.6 miles north of the intersection of W. Southlake Blvd. (F.M. 1709) and Randol Mill Ave. (F.M. 1938). The applicant is requesting 2nd reading approval of a Zoning Change and Concept Plan from "AG" Agricultural District to "SF-1A" Single Family Residential District to develop three residential lots on approximately 3.176 acres. This proposal complies with the Low Density Residential designation in the 2030 Land Use Plan, which requires a net density of one or fewer dwelling units per acre. Site Data Summary Existing Zoning "AG" Proposed Zoning "SF-1A" Land Use Designation Low Density Residential Gross/Net Acreage 3.176 acres Dwelling Units/Residential Lots 3 Gross Density 0.945 du/acre Net Density 0.945 du/acre Lot Area Range 1.05 ac. to 1.07 ac. Average Lot Area 1.06 ac. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Concept Plan Case No. ZA17-026 ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Concept Plan Review Summary No. 2, dated May 25, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-727 (F) Full Size Plans (for Commission and Council Members Only) �fnk to PowerPoint Presentation Link to Plans Page 1 - Concept Plan Page 2 Tree Conservation Plan Page 3 Grading and Utility Plan Page 4 Drainage Analysis Link to SPIN meeting Report STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA17-026 BACKGROUND INFORMATION APPLICANT: Fred R. Joyce Construction OWNERS: Shirley E. Free PROPERTY LOCATION: North of Hillside Ct. and west of Randol Mill Ave. (F.M. 1938) and currently addressed as 550 Randol Mill Ave. and 2300 Hillside Ct. PROPERTY DESCRIPTION: Tracts 9131 and 9C1A, J.J. Freshour Survey, Abstract No. 521 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF-1A" Single Family Residential District HISTORY: -The existing home at 550 Randol Mill Ave.was constructed in 1963(Source: Tarrant Appraisal District). There has been no development on the remainder of the property. - The property was annexed into the City in 1988 and given the "AG" Agricultural District zoning designation. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The site is designated"Low Density Residential",which specifies single family detached dwellings at a net density of one or fewer dwelling units per acre. The proposed development complies with this designation. Mobility& Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Randol Mill Ave. (F.M. 1938)to be a four-lane divided arterial with 140'of right of way. Hillside Ct. is a local residential street with 50' of right of way. Adequate right of way is shown on the plans. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows a <8' sidewalk along the west side of Randol Mill Ave. (F.M. 1938). The sidewalk was constructed wih the Davis Blvd. (F.M. 1938) roadway improvements. A 4' sidewalk is required along Hillside Ct. and the sidewalk is shown on the Concept Plan. Construction of the sidewalk will be required at the time of home construction on the proposed Lots 18 and 19. TRANSPORTATION ASSESSMENT: Existing Area Road Network and Conditions The development shows two new driveways onto Hillside Ct. to serve the proposed Lots 18 and 19. The proposed Lot 17 will have access to and from F.M. 1938 from the existing driveway to that property. Case No. Attachment A ZA17-026 Pagel Traffic Impact Use Lots .. OUT OUT Single Family Residential (210) 2 19 0 1 1 1 Added Existing 1 10 0 1 1 0 Total 3 29 1 0 2 1 2 1 * Vehicle Trips Per Day *AM-In,AM-Out,PM-In and PM-Out are peak hour of generator on a weekday *Based on the ITE: Trip Generation Manual, 7"'Edition WATER & SEWER: The proposed Lots 18 and 19 will be served by an existing 6" water line in Hillside Ct. and the proposed Lot 17 is served by an existing 12"water line in Randol Mill Ave. (F.M. 1938). Sanitary sewer for the proposed Lots 18 and 19 is shown to connect to an existing 8" sewer line in Hillside Ct. An existing 8" sewer line in Randol Mill Ave. (F.M. 1938)to the north of the proposed Lot 17 serves that lot. DRAINAGE: Drainage on the property is generally sheet flow from northwest to southeast across the property. The proposed drainage for Lots 18 and 19 is south to Hillside Ct. and east to Randol Mill Ave. (F.M. 1938). The proposed drainage for Lot 17 is east to Randol Mill Ave. (F.M. 1938). TREE PRESERVATION: The existing tree cover preservation is provided for a per lot bases instead of for all three (3) of the lots being zoned and platted. The existing tree cover preservation for each lot and all three (3) lots together complies with the Existing Tree Cover Regulations of the Tree Preservation Ordinance. The existing trees cover on the three(3) lots is 6.15% and 70% of the existing tree is required to be preserved. The Tree Conservation Plan shows that 94% of the existing tree cover is proposed to be preserved. CITIZEN INPUT: A SPIN meeting for this project was held by the applicant on March 28, 2017. A link to the report is provided. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: May 4, 2017; Approved (4-0) subject to the staff report dated April 28, 2017 and Concept Plan Review Summary No. 2, dated April 28, 2017. CITY COUNCIL ACTION: May 16, 2017; Approved (6-0) on consent at 1St reading. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 2, dated May 25, 2017. Case No. Attachment A ZA17-026 Page 2 Vicinity Map 550 Randol Mill Ave. and 2300 Hillside Ct. FCF C = O _ — •T7 � C — ape r` - -sa xx y.x "'.fi�•_� s = � R s � ax r a e• a.a n. y -y.. 's - - - � S S � •ti 4 ,Al t x= 'p' ,� i +4 i p 41 e � 4 � � Y• ZA'17-026 Zoning Change and Concept Plan 0 460 ?C 1,840 Feet c - Case No. Attachment B ZA17-026 Page 1 Revised Concept Plan Review Summary Case No.: ZA17-026 Review No.: Two Date of Review: 05/25/17 Project Name: Concept Plan — Lots 17, 18 and 19, J.J Freshour No. 521 Addition APPLICANT: Fred Joyce SURVEYOR: Tommy Q. Burks Fred Joyce Construction Burks Land Surveying 210 W. College 223 County Rd. 1260 Grapevine, TX Decatur , TX 76234 Phone: 817-475-1812 Phone: (817) 228-5577 E-mail: fjmment@aol.com E-mail: blsurvey98@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/18/17 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BYTHE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELLAT (817) 748-8602. 1. Confirm that any existing structures are adequately off-set per zoning district setback regulations from the proposed lot lines. A note has been added to the Concept Plan stating that all existing structures are to be removed. Please be aware that any fence along F.M. 1938 will have to meet the requirements of Section 43 - Corridor Overlay Zone 43.9.c.1.f regarding architectural fencing,which requires masonry matching the building,wrought iron or living plant material. It shall not run in a straight line without being off-set by a minimum of 6 feet every 60 feet and it shall be located no closer to the right of way than one-half the width of the required bufferyard. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The existing tree cover preservation is provided for a per lot bases instead of for all three (3) of the lots being zoned and platted. The existing tree cover preservation for each lot and all three (3) lots together complies with the Existing Tree Cover Regulations of the Tree Preservation Ordinance.The existing trees cover on the three (3) lots is 6.15% and 70% of the existing tree is required to be preserved. The Tree Conservation Plan shows that 94% of the existing tree cover is proposed to be preserved. 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 C ZA17-026 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 reserved* 0% -20% 70% 20.1 —40% 60% 40.1% - 60% 50% 160.1% - 80% 40% 180.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. BUFFERYARD COMMENTS: 1. The 15' — Q Bufferyard has been provided along the east property boundary of Lots 17 and 19. Please provide the following Bufferyard Summary Chart on the Concept Plan. SUMMARY CHART— BUFFERYARDS Location/ Fence/Screenin Length of Required / Bufferyard Canopy Accentg Height & Base Line Provided Length Width/Type Trees Trees Shrubs Material East - Required 424.79' 15' - Q 9 13 43 Provided 425.79' 15' - Q 9 13 43 * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA17-026 Page 2 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. Construction within FM 1938 right of way shall require a permit from TxDOT. Submit permit application prior to site plan approval. Street intersections and sidewalks 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: 1. The sidewalk along Hillside Court shall be in a pedestrian easement if not located in the right of way. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SANITARY SEWER COMMENTS: The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1" inch meter must have a 1" tap, etc. Water meters and fire hydrants shall be located in an easement or right of way. Water and sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. Property drains into a Critical Drainage Structure #18 and requires a fee to be paid prior to beginning construction ($212.61/Acre). 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 C ZA17-026 Page 3 * 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 * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.citvofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * Access permit is required prior to construction of the driveway on FM 1938. Permit approval is required before beginning construction. Submit application and plans directly to TxDOT for review. * 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 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 Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements(a)ci.southlake.tx.us No comments based on submitted information. Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 pkao(a)ci.south Iake.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: Case No. Attachment C ZA17-026 Page 4 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$6250 per dwelling unit x 2 additional dwelling unit= $12,500. The following should be informational comments only A SPIN meeting for this project was held March 28, 2017. Sidewalks shall be required to be constructed with each dwelling. No review of proposed signs is intended with this site plan. A separate sign permit is required prior to construction of any signs. 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. In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance.The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denoted informational comment. Case No. Attachment C ZA17-026 Page 5 SURROUNDING PROPERTY OWNERS 550 Randol Mill Ave. and 2300 Hillside Ct. CE Ra 8D0 2605 2555 207 2411 2407 4341 235T ?301 N WW 1 C1 w � m F W 0 w 22U4138 2132 12 �. - Q 720. 205 2201 2120 $ 9 2101 >>B 2100 2104 10 ry IL 2502 2406 2404 2402 2501 2405 2403 2a01 290. 2'uu r F`63 181p 1606 1804 1802 MES UITE CT 11800 w a 2416 24121 23 o �'+ 2408 2404 2400 2316 o �2 rn m m M190 3 N 24172413 313 2409 2405 2401 2317 223" 220 0) 1911 v v 1901 w 1 218 221 M4 2416 2412 2906 42400 1 �l� p4 2300 2200 216�❑ 214 217 1 90 � 219 _ 04 275 1906 2425 2421 2417 2413 24044��f 230 g 22 1 pQ 217 2405 24ti1 212 1901 SPO Owner Zoning •• 1. RANDALL, MATTHEW D AG 2391 FLORENCE RD 2.00 NR 2. WINZEN, RONDALD J SF1-A 2351 FLORENCE RD 1.92 NR 3. FREE,CHARLES W 115 COUNTY ROAD 930 2.17 F 4. MALLORY,TERRELL G F1-A 2304 HILLSIDE C 1.05 F 5. KAISER, MIKE F SF1-A 1 2306 HILLSIDE CT 1.11 NR FREE,CHARL AG 115 TY R 2.26 F 7. GARRETT, ROSS W SF1-A 2303 HILLSIDE CT 1.00 NR 8. TEXAS,STATE OF RPUD 2501 SW 820 LOOP 0.39 NR 9. FRED JOYCE-MARY MYERS ENT INC RPUD 600 W NASH ST 1.09 NR 10. SCOTT, DAVID A AG 2301 FLORENCE RD 1.04 NR 11. WILSON, MARY L AG 1328 DUBLIN ST 2.13 NR 12. SCOTT, DAVID A AG 2301 FLORENCE RD 1.04 NR 13. GALLAGHER,JO SF1-A 2307 HILLSIDE CT 1.05 F 14. SYKES, CHRISTOPHER A SF1-A 2305 HILLSIDE CT 1.10 NR 15. SOUTHLAKE, CITY OF RPUD 1400 MAIN ST 5.92 NR 16. CAMDEN SL HOA INC RPUD 500 S NOLEN DR STE 100 0.40 NR 17. JOHNSON,TIMOTHY AG 545 RAN DOL MILL AVE 1.84 NR 18. DOMBROSKI, MICHAEL RPUD 465 RAN DOL MILL AVE 1.08 NR Case No. Attachment D ZA17-026 Page 1 19. CAMDEN SL HOA INC RPUD 500 S NOLEN DR STE 100 0.25 NR 20. FIROZ, MUSTAFA AG 565 RAN DOL MILL AVE 0.97 NR 21. HAVERKAMP, ROGER C2 2407 FLORENCE RD 0.92 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received Within 200': Three (3) - Attached Case No. Attachment D ZA17-026 Page 2 Notification Response Form ZA17-026 �.4 <' :x�_ !' • Moatina Date: May 4, 2x17 at 6:30 PM MALLORY. TERRELL G 2304HILLSIDE CT OUTHLAKE TX 76092-5709 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the ongifpq of the property so noted aocvc. arc hereby in favor o` opposed to undecided about (circle or underline one) tete proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature; Date: Additional Signature: Date: Printed Name(s�: �i � raw V.,st ve property cwrier(s)wrwm nameia)are printed al tap_ Cm,mrvise onLac,tra PlanrWng Eftarinwr'd_ Ora form per pPVarly_ Phone Number (optional): Case No. Attachment D ZA17-026 Page 3 Notification Response Form +nail pvrtses to: Z.A17-025 G{ :. Meeting Date: May 4, 2017 at 6:30 PM PI2"!7"g thtve4oposent Servier_—. cation-R�pq GALLAGHER, JOHN IA ;I ISt Ste 3111 2307 HILLSIDE CTtiuff41j cjX 750K SOUTHLAKE TX 76092-5708F' iter.($?7)7 ' tea-x:' > -[��`#7►i8.8�'7T ? , 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 (, nfavor of opposedto undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above- Space for comments regarding your position: Signature: - Date: L1 i'6-17 3 Additional Signature: cL Q4__ Date: � Printed Name(s): i 'e %lust be praperty owner(s)whose name(s)are printed at lop Otherwise ctxdas_K the PI ng Deparlmeni ❑rre term per property Phone Number (optional}: Case No. Attachment D ZA17-026 Page 4 Notification Response Form 111Mi20)7PFAC�' ZA17-026 Meeting Date: May 4, 2017 at 6:30 PM FREE, CHARLES W 115 COUNTY ROAD 930 :. TEAGUE TX 758£0-5015 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 �1 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: rt 1-7 Signature: Date. xG Additional Signature: Date: Printed Name(s): #r IJlusl do proporty owner(s)whose nanle(s)are primed at". Otherwise contact the Plarmft E]eparlm m Orw form per property. Phone Number (optional): 00, Case No. Attachment D ZA17-026 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-727 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 9131 AND 9C1A, J.J. FRESHOUR SURVEY, ABSTRACT NO. 521, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.176 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", 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, Case No. Attachment E ZA17-026 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 classification which existed at the time their original investment was made; and, Case No. Attachment E ZA17-026 Page 2 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 safetyfrom fire, panic, and otherdangers, 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 9B1 and 9C1A, J.J. Freshour Survey, Abstract No. 521 , City of Southlake, Tarrant County, Texas, being approximately 3.176 acres, and more fully and completely described in exhibit "A" from "AG" Residential Planned Unit Development 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 following conditions: City Council motion at 1 st reading on May 16, 2017: Approved on consent at 1 st reading (6-0). Case No. Attachment E ZA17-026 Page 3 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. 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 Case No. Attachment E ZA17-026 Page 4 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 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 Case No. Attachment E ZA17-026 Page 5 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 May, 2017. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2017. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: Case No. Attachment E ZA17-026 Page 6 EFFECTIVE: EXHIBIT "A" Reserved for metes and bounds description Case No. Attachment E ZA17-026 Page 7 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment E ZA17-026 Page 8