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Item 6ACase No. ZA17-064 S T A F F R E P O R T February 27, 2018 CASE NO: ZA17-064 PROJECT: Zoning Change and Development Plan for Stony Brook EXECUTIVE SUMMARY: Dolce Investments, LLC is requesting 2nd reading approval of a Zoning Change and Development Plan for Stony Brook (formerly known as Stone Trail and Holmes Builders) on property described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 5B and 5A (5A and 5B being portions of Lo t 5), Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2607, 2621, 2631, 2641, and 2651 W. Southlake Blvd. and 400 and 410 Brock Dr., Southlake, Texas. Current Zoning: “AG” Agricultural District and “SF-1A” Single Family Residential District. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #11. DETAILS: This project is located south of W. Southlake Blvd. and south and west of Brock Dr. Lakeside Presbyterian Church is to the west and the Siena subdivision is to the south. The applicant is requesting 2nd reading approval of a Zoning Change and Development Plan from “AG” Agricultural District and “SF-1A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District for Stony Brook, which includes 47 residential lots and 8 open space lots on approximately 34.730 acres. The subdivision is proposed as a gated community with private streets. There are two proposed vehicular points of access into the subdivision. The entrance to the community is on W. Southlake Blvd. with an emergency only access to Brock Dr. The emergency only access to Naples Dr. to the south that was shown on the plans presented at the December 5, 2017 City Council meeting was removed on the plans presented at the previous meeting on January 16, 2018 meeting. A sidewalk connection to Naples Dr. is provided. The proposed gross density and net density is unchanged since the February 20, 2018 meeting at 1.35 units per acre. The percentage of open space proposed in the subdivision is approximately 27.2% of the gross area. A Site Data Summary Chart comparing the current proposal to the previous proposals that were presented at the December 5, 2017, January 16, 2018, February 6, 2018 and February 20, 2018 City Council meetings is below. Department of Planning & Development Services Case No. ZA17-064 Site Data Summary for “R-PUD” Zoning CC 12/5/17 CC 01/16/18 CC 02/6/18 CC 02/20/18 CC 3/6/18 Existing Zoning “AG” and “SF-1A” “AG” and “SF-1A” “AG” and “SF-1A” “AG” and “SF-1A” “AG” and “SF-1A” Proposed Zoning “R-PUD” “R-PUD” “R-PUD” “R-PUD” “R-PUD” Land Use Designation Medium Density Residential Low Density Residential Floodplain Medium Density Residential Low Density Residential Floodplain Medium Density Residential Low Density Residential Floodplain Medium Density Residential Low Density Residential Floodplain Medium Density Residential Low Density Residential Floodplain Gross/Net Acreage 34.628 34.730 34.730 34.730 34.730 Residential Lots 59 53 48 47 47 Gross/Net Density 1.70 du/ac. 1.53 du/ac. 1.38 du/ac. 1.35 du/ac. 1.35 du/ac. Open Space % (Acres) 26.0% (9.02 ac.) 21.9% (7.59 ac.) 26.7% (9.27 ac.) 27.2% (9.46 ac.) 27.2% (9.45 ac.) Lot Area Range 8,556 s.f. to 31,634 s.f. 15,063 s.f. to 35,301 s.f. 15,016 s.f. to 31,086 s.f. 15,294 s.f. to 34,825 s.f. 15,294 s.f. to 34,825 s.f. Average Lot Area 15,058 s.f. 18,738 s.f. 19,794 s.f. 20,067 s.f. 20,087 s.f. A comparison of the currently proposed “R-PUD” regulations to the previously proposed regulations at the January 16, 2018, February 6, 2018 and February 20, 2018 City Council meetings and to the “SF-20A” Single Family Residential District base zoning is below. Regulation “SF-20A” “R-PUD” Regulations (01/16/2018) “R-PUD” Regulations (02/06/2018) “R-PUD” Regulations (02/20/2018) (03/06/2018) Max. Height 35’ and 2½ stories 35’ and 2½ stories 35’ and 2½ stories 35’ and 2½ stories Front Yard 35’ 30’ 30’ 30’ Side Yard 15’ 10’ 10’ 10’ Rear Yard 40’ (35’ on cul-de-sac) 20’ or 30’ 20’ or 30’ 20’ or 30’ Max. Lot Coverage 30% 40% 40% 40% Min. Lot Area 20,000 s.f. 15,000 15,000 15,000 Min. Lot Width 100’ 85’ 85’ 85’ Min. Lot Depth 125’ 125’ 125’ 125’ Min. Floor Area 1,800 s.f. 1,800 s.f. 1,800 s.f. 1,800 s.f. Max. Gross Density 2.18 du/ac. 1.53 du/ac. 1.38 du/ac. 1.38 du/ac. Case No. ZA17-064 The following three modifications to Subdivision Ord. No. 483 are requested: 1) Subdivision Ordinance No. 48 3, as amended, Section 5.04 does not permit private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. The applicant is requesting a variance to allow a gated community with private streets with the initial development. 2) Subdivision Ordinance No. 483, as amended, Section 5.03.I - Generally, a maximum number of twenty (20) dwelling units should be permitted on a cul-de- sac street permanently designed as such. Additionally, the length of the Cul -de- Sac should not exceed 1,000 feet or be less than 150 feet in length. However, density of development, topography, lot sizes and other significant factors will be weighed in determining the length of a cul-de-sac street. 3) Subdivision Ordinance No. 483, as amended, Section 5.03.K states that dead end streets shall be permitted only where a future extension or connection is to be made. The applicant is requesting a gated emergency only access instead of a full connection to the street stub from the Siena subdivision to the south. City Council approved the item at 1st reading on February 20, 2018 meeting noting the applicant’s willingness to address the stacking distance issues on egress and ingress as it relates to where the gate is positioned and will come to 2 nd reading with an option or options for City Council to consider. A summary of the changes to the plans is below.  The entrance gate has been moved adjacent to the open space lot instead of in front of a residential lot. The functional stacking depth has been reduced from ±232’ to ±198’.  The lot sizes and dimensions on both sides of the entrance have been adjusted slightly. 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) Development Plan Review Summary No. 9, dated February 26, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance Nos. 480-730 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to R-PUD Regulations Link to Plans Page 1 - Development Plan Page 2 - Pedestrian Access Plan Page 3 - Fencing Plan Page 4 - Mailbox Kiosk Plan Page 5 - Tree Conservation Analysis Page 6 - Central Park Exhibit Link to Corridor Planning Committee Report Link to SPIN meeting Report Case No. ZA17-064 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA17-064 Page 1 BACKGROUND INFORMATION OWNER: Margaret J. Haney and Estate of E. I. Wiesman and Glenda Wiesman APPLICANT: Dolce Investments, LLC PROPERTY SITUATION: 2607, 2621, 2631, 2641, and 2651 W. Southlake Blvd. and 400 and 410 Brock Dr. PROPERTY DESCRIPTION: Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18 and Lots 5B and 5A (5A and 5B being portions of Lot 5), Brock Addition LAND USE CATEGORY: Medium Density Residential, Low Density Residential, 100-Year Floodplain CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single Family Residential District PROPOSED ZONING: “R-PUD” Residential Planned Unit Development District. HISTORY: - The property was annexed into the City in 1956 and given the “AG” Agricultural District zoning designation. - A Plat Showing for Brock Addition was filed November 8, 1967. - The “SF-1A” Single Family Residential District zoning was placed on the Brock Addition property with the adoption of Ordinance No. 480 and the Official Zoning Map in September of 1989. - A Plat Revision for Lots 1R and 3R, Brock Addition was approved September 2, 1997 and filed November 21, 1997. - A Zoning Change and Development Plan (ZA15 -125) for Stone Trail Estates from “AG” Agricultural District and “SF-1A” Single Family Residential District to “R-PUD” Residential Planned Unit Development for Stone Trail Estates to develop 61 residential lots and 12 open space lots on approximately 36.03 acres and the associated Preliminary Plat (ZA15 -153) were denied by City Council on August 2, 2016. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The majority of the site is designated “Medium Density Residential”, which is suitable for any single-family detached residential development. Approximately 6.79 acres of the proposed development that is currently in the Brock Addition has a Low Density Residential designation in the 2030 Land Use Plan. The six (6) lots shown in that portion of the proposed subdivision comply with the Low Density Residential designation, which requires a net density of one or fewer dwelling units per acre . Medium Density Residential: The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. Definition: The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are Case No. Attachment A ZA17-064 Page 2 those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. Low Density Residenital: The purpose of the Low Density Residential land 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 righ ts-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. Floodplain The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The “floodplain” is an expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows W. Southlake Blvd. to be a Farm-to-Market road with 130’ of right of way. Adequate right of way is shown to be dedicated on the plans. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows the existing 8’ multi-use trail along the south side of Southlake Blvd. and a future ≥8’ multi-use trail extending from W. Southlake Blvd. to Union church Rd. through the floodplain. Major Corridors Urban Design Plan The property is in the “Estate Residential” zone in the Major Corridors Urban Design Plan. The following recommendations pertain to the “Estate Residential” zone in the plan. Case No. Attachment A ZA17-064 Page 3 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed “R-PUD” zoning request has one main entrance onto W. Southlake Blvd. An emergency only access drive with a gate is proposed to connect to Brock Dr. W. Southlake Blvd. (between Davis Blvd. & S. Pearson Ln.) 24hr East Bound (18,836) West Bound (18,766) AM Peak AM (2,075) 7:00 AM – 8:00 AM Peak AM (1,110) 11:30 AM – 12:30 PM PM Peak PM (1,137) 5:45 PM– 6:45 PM Peak PM (2,122) 5:00 PM – 6:00 PM Case No. Attachment A ZA17-064 Page 4 Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Use Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT City Council 12/5/17 59 565 12 34 39 22 City Council 1/16/18 53 507 11 30 35 19 City Council 2/06/18 48 459 10 27 31 18 City Council 2/20/18 and 3/6/18 47 450 9 27 31 17 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition The City Engineer has provided the following comments: From a mobility perspective, it would be preferred to have a second, full access point into this subdivision. The current proposal to force all 57 lots to a right-in/right-out drive on FM 1709 is less than ideal and will only result in more congestion. We do not believe that TxDOT is likely to permit a hooded left median opening on FM 1709, which will certainly result in u-turn movements at the existing openings creating a safety concern. The preferred connection would be to Naples Drive, which was stubbed out from the Siena subdivision and planned for future extension. This connection would give the residents access to traffic signals at Davis, Watermere, or Pearson for a much safer scenario to head west on FM 1709 if desired. The next best option would be to extend access and connect to Brock Drive. While this would not provide access to a signal , it would give full access to FM 1709 to go east or west as well as allow for safe entrance for westbound traffic. The final option would be a plan for future connection directly to Davis Boulevard. This connection should be planned to line up with a future median opening on Davis, preferably line up with Sunset Way, allowing full access for north and south movements. This is also the least likely since this extension would require the crossing of the flood plain which will likely be cost prohibitive and is not currently planned as a capital improvement project. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D since the property is being rezoned. There is approximately 40.1% existing tree cover on the site, of which approximately 57.9% is proposed to be preserved. A standard zoning district would require that a minimum 50% of existing tree cover be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P- 2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and Case No. Attachment A ZA17-064 Page 5 make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: The property proposes to connect to an existing 12” water line in W. Southlake Blvd. to the north and to an existing 8” water line in Naples Dr. to the south. Sanitary sewer for the development is proposed to connect to an existing 8” sewer line in Naples Dr to the south. DRAINAGE: Drainage on the property is generally north to south and east to the creek that runs through the southeast portion of the p roperty. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on September 12, 2017. Link to September 12, 2017 SPIN Report A 2035 Corridor Planning Committee meeting was held on August 7, 2017. Link to Corridor Planning Committee Report PLANNING AND ZONING COMMISSION: October 5, 2017; A motion to table the item to the October 19, 2017 meeting was approved (6-0). October 19, 2017; Approved (4-2) subject to the Staff Report dated October 19, 2017; further subject to the Development Plan Review Summary No. 4 dated October 19, 2017;  Granting the variance No. 1 related to a gate d community on the northern end and variance No. 2 on the length of the cul-de-sac street; specifically not granting variance No. 3 related to gated emergency access only on the southern side of the site.  Noting the applicant’s willingness to also include in the ir application with respect to alleyways an alternative that does not include alleyways in the Site Plan.  Noting the applicant’s willingness to provide alternative Site Plans relative to access to the site for Council’s consideration. Case No. Attachment A ZA17-064 Page 6 Chairman Forman and Commissioner Panahy voted against the motion for approval after voicing concerns regarding the traffic impact on the Siena neighborhood to the south if the street connection was a full access street and not emergency access only. CITY COUNCIL ACTION: December 5, 2017; A motion to table the item was approved (7-0). January 16, 2018; A motion to table the item was approved (4-3). February 6, 2018; A motion to table the item was approved (6-0). February 20, 2018; Approved at 1st reading (5-2) subject to the staff report dated February 13, 2018 and Development Plan Review Summary No. 8, dated February 13, 2018 noting the following approvals of the modifications to Subdivision Ord. No. 483 as requested: 1) Subdivision Ordinance No. 483, as amended, Section 5.04 does not permit private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. The applicant is requesting a variance to allow a gated community with private streets with the initial development of the subdivision. 2) Subdivision Ordinance No. 483, as amended, Section 5.03.I - Generally, a maximum number of twenty (20) dwelling units should be permitted on a cul-de-sac street permanently designed as such. Additionally, the length of the Cul -de-Sac should not exceed 1,000 feet or be less than 150 feet in length. This proposed plan does not meet the intent o f the regulation, however, noting that a secondary emergency only access to the subdivision has been provided. 3) Subdivision Ordinance No. 483, as amended, Section 5.03.K states that dead end streets shall be permitted only where a future extension or connection is to be made. The applicant has removed the connection to the street stub to the Siena subdivision to the south, Also noting the applicant’s willingness to address the stacking distance issues on egress and ingress as it relates to where the gate is positioned and will come to 2nd reading with an option or options for City Council to consider, And then noting that Council would be directing staff that in order for the applicant to obtain a first lot certificate of occupancy, they’ll be required to have completed the open space and water features prior to that issuance of a CO. STAFF COMMENTS: Attached is Development Plan Review Summary No. 9, dated February 26, 2018. Subdivision Ord. No. 483, as amended, Section 9.01 regarding modifications and variations is below: Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these Case No. Attachment A ZA17-064 Page 7 regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of acce ss, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the development of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which specifically apply to Planned Unit Development. Case No. Attachment B ZA17-064 Page 1 Case No. Attachment C ZA17-064 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA17-064 Review No.: Nine Date of Review: 02/26/18 Project Name: Development Plan – Stony Brook APPLICANT: Terry Holmes Engineer: Jimmy Fechter Dolce Investments, LLC Adams Engineering 225 E. State Hwy. 121, Suite 120 8951 Cypress Waters Blvd. Suite 150 Coppell, TX 75019 Dallas, TX 75019 Phone: (214) 488-5200 Phone: (817) 328-3215 E-mail: terry@theholmesbuilders.com E-mail: jimmy.fechter@adams-engineering.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/26/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREB Y MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602. 1. A Preliminary Plat that conforms to the R-PUD district zoning must be processed and approved and then a Final Plat (or Plat Revision) processed and recorded prior to the conveyance of any lots or the issuance of any building permits. Portions of the property are already platted in the Brock Addition, so a Plat Revision must be processed and recorded in place of a Final Plat or a Plat Vacation must be processed and recorded prior to approval and recording of a Final Plat. 2. Please be aware that all plans and exhibits submitted with an application for an “R-PUD” Residential Planned Unit Development District zoning are approved as part of the “R -PUD” zoning ordinance and that changes to the plans after Council approval will require re -approval of an “R-PUD” Zoning Change and Development Plan. 3. The driveway for Lot 4, Brock Addition (Harold McCall property) is located in Lot 5B, Brock Addition, which is part of the property being developed. The plans show that the existing driveway is to be replaced by a 24’ wide emergency access driveway with a gate in a 24’ emergen cy access easement. A maintenance agreement stating that the HOA is responsible for maintaining the entirety of the emergency access driveway is required. 4. Clearly show, label and dimension the width of any easements on or adjacent to the site. The extents of the existing easements are not clear. There is a 30’ road access easement and a 15’ utility easement across Lot 5, Brock Addition. 5. Provide elevation exhibits of the wood fence and clearly delineate the sections of the fence that will be wood or iron. 6. Please provide renderings of the wall with gates and entry sign(s) on W. Southlake Blvd. 7. The sidewalk connection to the Siena subdivision to the south must be in a pedestrian access easement that connects to the right of way for Naples Dr. Please show and label the 12’ pedestrian access easement on the Preliminary Plat and the Pedestrian Access Plan. Case No. Attachment C ZA17-064 Page 2 8. Please revise the development plan, the fence plan and the pedestrian access plan to show the walls and fences with pedestrian access gates at the main entrance and at Naples Dr. 9. Approval of a modification to the Subdivision Ordinance No. 483, Section 5.04 requirement by the City Council will be required to allow private streets in a new subdivision. A request for a modification has been submitted. 10. Dead-end streets are permitted only where future connection is to be made (Subdivision Ordinance No. 483, Section 5.03.K). City Council approval of a variance is required to allow emergency access only at the southern entrance instead of a full connection to t he street stub from the Siena subdivision to the south. A request for a modification to the Subdivision Ordinance has been submitted. 11. A maximum of 20 dwelling units is generally allowed on a cul-de-sac street, which is defined as that street or part of a street having one common entry and exit and no other entry and/or exit (Subdivision Ordinance No. 483, Section 5.03.I) Approval of an R -PUD regulation to allow one entry/exit by City Council is required to allow the southern connection to be an emergency access only. 12. Per the City of Southlake Driveway Ordinance No. 634, a deceleration lane is required if the site peak period ingress movement is greater than 40 veh/ hr. The TIA threshold worksheet shows 61.2 trips in the design hour. If a deceleration lane is required, a shorter deceleration lane than TxDOT requirements may be required due to the geographical challenges with respect to the distance to the adjacent western church driveway. This requirement will be contingent on TxDOT’s willingness to amend their access requirement. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Ensure that trees which are shown to be preserved are not with in potential house pad areas. * A Tree Conservation Analysis was submitted. There is 40.1% existing tree cover on the site, of which, approximately 57.9% is proposed to be preserved. Under straight zoning, a minimum 50% of the existing tree cover is required 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 requirem ents 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 ZA17-064 Page 3 Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council sha ll approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the pr operty including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tre e stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man -made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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 t o 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. LANDSCAPE COMMENTS: 1. A 20’ – L type bufferyard is required to be provided along the north property line adjacent to W. Southlake Blvd. Correct the bufferyard summary chart to show the provided plantings for the Type ‘L’ bufferyard with the correct the length of the bufferyard of ±3 55’ (±425 - ±70 pavement width). Case No. Attachment C ZA17-064 Page 4 * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with t he review of civil construction plans. 2. Emergency access easement is encumbered by 15’ sanitary sewer easement along northern property line. Encroachment agreement shall be required with building permit. Place fence outside of utility easement. 3. No details were provided for emergency access off Brock Drive. 4. Median break on Southlake Boulevard (FM 1709) not shown on plans. Provide written documentation for approval of median break from TxDOT. 5. Right in, right out configuration not shown at entrance of su bdivision. * Construction within Southlake Boulevard (FM 1709) right of way shall require a permit from TxDOT. Approval is required before beginning construction. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 DRAINAGE COMMENTS: 1. Site plan does not show detention ponds. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. Any changes to the site plan to incorporate detention ponds if needed may require a revision to the site plan and may need to be approved by the Planning and Zoning Commission and the City Council. 2. Drainage swale will be required along property boundaries to minimize runoff onto neighboring properties. Further review required with submission of civil construction plans. 3. Public walking trails located within floodplain must be ADA co mpliant. Decomposed granite is not a suitable material meeting ADA requirements. Alterations to natural ground to meet ADA grades Case No. Attachment C ZA17-064 Page 5 within floodplain will require a LOMR. Further review will be required during civil construction plan review. 4. Timing study maybe required with the submittal of civil construction plans. 5. Reclamation or fill within any portion of the effective floodplain will require hydraulic modeling and a LOMR. LOMR shall be obtained prior to acceptance of the subdivision and placing hom es near floodplain. 6. Storm drain inlets are required at intersecting streets. 7. Turn off development plan on Pre-developed Drainage Area Map. 8. Post-development Drainage Area Map does not account for offsite drainage areas. * Calculations will be required to verify capacity of proposed curb inlets. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Property drains into a Critical Drainage Structure #18 and re quires a fee to be paid prior to beginning construction ($212.61/AC). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * 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 SEWER COMMENTS: 1. Minimum size of public water and sanitary sewer mains is 8”. 2. Single family residential developments require fire hydrant spacing of 400’ maximum hose -lay length for non-sprinkled residences or 600’ for sprinkled residences. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the pu blic side. A one inch meter must have a one inch tap, etc. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. Case No. Attachment C ZA17-064 Page 6 INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. * Submit with Civil Construction Plans a Retaining Wall Layout sheet. Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabiliza tion. * 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 shall be required for this development and may need to be ap proved 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 Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us FIRE LANE COMMENTS: The entry appears to be designed to accommodate gated access, if requested and approved by city council, the gate must be equipped with an Opticom or KS -2 switch for opening the gate electronically, as well as a means for manual opening. Case No. Attachment C ZA17-064 Page 7 Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Fire access roads must be at least 31 ft. back of curb to back of curb. (Standard street width) (Some streets appear to have medians, w hich would not provide the approved widths) Cul-de-Sacs must have 30 ft. inside turn radius and 50 foot radius (100 foot diameter) pavement, unobstructed, for approved turnaround. (Plans do not indicate approved dimensions) (Some cul -de- sacs appear to have medians, which would not allow for approved unobstructed radius) FIRE HYDRANT COMMENTS: Hydrants required at maximum spacing for R -3 Occupancies is 400 feet for subdivisions with un- sprinkled homes and 600 feet for subdivisions that are completely spri nkled. (Hydrants are over- spaced at several locations, relocate and/or add hydrants as necessary to meet the requirements) General Informational Comments * Properties within Corridor Overlay Zone see Ord. 480 -S § 43.9.c.1(e) for design criteria. Zoning Ordinance No. 480, Section 39.5(4) requires fences along W. Southlake Blvd. to comply with the Architectural Fencing requirements of the Corridor Overlay District. (Section43.9(c)1(f), which states “All architectural fencing which runs roughly parallel to t he SH 114, Carroll Ave.FM 1709, FM 1938, rights of way shall be constructed of the primary materials of the building, wrought iron or living plant material. It shall not run in a straight line without being offset by a minimum of 6 feet every 60 feet. It shall be located no closer to the right of way than one half the width of the required bufferyard. The applicant is proposing a meandering stone wall along F.M. 1709 and an “R-PUD” regulations has been added to allow the walls and fences as shown on the pla ns. * Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. * Land/park dedication requirements: Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $6250 per dwelling unit x 48 dwelling units = $300,000.00. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Any 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. Case No. Attachment C ZA17-064 Page 8 * 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 f ees 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. * The proposed street connection on Southlake Blvd. requires TXDOT approval. * Denotes Informational Comment Case No. Attachment D ZA17-064 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 HALL, JERRY G SF1-A 102 JELLICO CIR 1.24 NR 2 WIESMAN, GLENDA (SANDRA BAGWELL IN FAVOR) AG 2607 W SOUTHLAKE BLVD 0.88 F 3 GLENDA WIESMAN TRUST (SANDRA BAGWELL IN FAVOR) AG 2641 W SOUTHLAKE BLVD 0.39 F 4 MCCALL, HAROLD L SF1-A 320 BROCK DR 1.33 U 5 LOWMAN, MIKE SF20A 711 PORTOFINO PL 0.47 O 6 FRANKS, NINA SF20A 700 VENICE AVE 0.47 O 7 BEENE, LORI DAMRON SF20A 719 PORTOFINO PL 0.46 O 8 FAZEN, MARK A SF20A 720 PORTOFINO PL 0.46 NR 9 HARIDAS, RAGHAVEN SF20A 701 VENICE AVE 0.46 NR 10 QUINN, WILLIAM AG 2435 MICHAEL DR 0.55 NR 11 C&T LAWNS LLC AG 2440 MICHAEL DR 1.13 NR 12 C&T LAWNS LLC AG 2425 MICHAEL DR 1.11 NR 13 SMYTH, HENRY C SP2 301 WATERMERE DR 6.37 NR 14 MULLENIX, DAVID W SF20A 701 PORTOFINO PL 0.59 F Case No. Attachment D ZA17-064 Page 2 15 SMYTH, HENRY C SP2 301 WATERMERE DR 8.90 NR 16 JOHNSON, GEORGE AG 2390 MICHAEL DR 1.13 NR 17 GLENDA WIESMAN TRUST (SANDRA BAGWELL IN FAVOR) AG 2621 W SOUTHLAKE BLVD 9.22 F 18 GLENDA WIESMAN TRUST (SANDRA BAGWELL IN FAVOR) AG 2631 W SOUTHLAKE BLVD 3.50 F 19 BYLER, JOHN R SF20A 705 PORTOFINO PL 0.46 NR 20 COMER, JACK SF20A 707 PORTOFINO PL 0.47 U 21 YOUNG, MICHAEL M SF20A 715 PORTOFINO PL 0.52 F 22 QUINN, WILLIAM AG 2445 MICHAEL DR 0.57 NR 23 MURWAY, DEBBIE SF2 829 SIENA DR 2.37 F 24 SOUTHLAKE CHURCH OF CHRIST CS 2417 W SOUTHLAKE BLVD 9.82 NR 25 GLENDA WIESMAN TRUST (SANDRA BAGWELL IN FAVOR) SF1-A 250 BROCK DR 1.53 F 26 GLENDA WIESMAN TRUST (SANDRA BAGWELL IN FAVOR) AG 2651 W SOUTHLAKE BLVD 13.18 F 27 LAKESIDE PRESBYTERAN CHURCH CS 2701 W SOUTHLAKE BLVD 7.43 NR 28 NADO I LLC SP1 2530 W SOUTHLAKE BLVD 1.92 NR 29 NADO I LLC SP1 2580 W SOUTHLAKE BLVD 1.71 NR 30 BONOLA FAMILY LTD PRTNSHP SF1-A 2608 W SOUTHLAKE BLVD 1.78 NR 31 TAK ENTERPRISES INC SP1 2419 W SOUTHLAKE BLVD 1.06 NR 32 QUINONES, MICHAEL C SF1-A 105 BROCK DR 0.52 O 33 VARGAS, PERRY W SF1-A 209 BROCK DR 1.05 O 34 HOWARD, EMMA L SF1-A 303 BROCK DR 1.09 F 35 PAPILLARD, MARJORIE S SF1-A 319 BROCK DR 0.65 NR 36 PAPILLARD, MARJORIE A SF1-A 329 BROCK DR 0.69 F 37 KUELBS, GREGORY G RE5 500 DAVIS BLVD 5.57 NR 38 KUELBS, GREGORY G RE5 504 DAVIS BLVD 2.10 NR 39 HANEY, ARVEL W EST SF1-A 400 BROCK DR 4.73 F 40 HANEY, MARGARET SF1-A 410 BROCK DR 1.67 F 41 KUELBS, GREGORY G SF1-A 684 DAVIS BLVD 5.09 NR 42 CT PLUS 4 LLC AG 2420 MICHAEL DR 1.13 NR 43 QUINONES, MICHAEL C SF1-A 109 BROCK DR 0.57 O Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-seven (37) Responses Received (including comment cards) within the notification boundary: Fourteen (14) – Attached Responses Received outside the notification boundary: Three (3) e-mails - Attached Case No. Attachment D ZA17-064 Page 3 Responses Received within Notification Boundary Case No. Attachment D ZA17-064 Page 4 Case No. Attachment D ZA17-064 Page 5 Case No. Attachment D ZA17-064 Page 6 Case No. Attachment D ZA17-064 Page 7 Case No. Attachment D ZA17-064 Page 8 Case No. Attachment D ZA17-064 Page 9 Case No. Attachment D ZA17-064 Page 10 Case No. Attachment D ZA17-064 Page 11 Case No. Attachment D ZA17-064 Page 12 Case No. Attachment D ZA17-064 Page 13 Case No. Attachment D ZA17-064 Page 14 Case No. Attachment D ZA17-064 Page 15 Case No. Attachment D ZA17-064 Page 16 Case No. Attachment D ZA17-064 Page 17 Case No. Attachment D ZA17-064 Page 18 Case No. Attachment D ZA17-064 Page 19 Case No. Attachment D ZA17-064 Page 20 Case No. Attachment D ZA17-064 Page 21 Case No. Attachment D ZA17-064 Page 22 Case No. Attachment D ZA17-064 Page 23 Case No. Attachment D ZA17-064 Page 24 Case No. Attachment D ZA17-064 Page 25 Case No. Attachment D ZA17-064 Page 26 Case No. Attachment D ZA17-064 Page 27 Case No. Attachment D ZA17-064 Page 28 Case No. Attachment D ZA17-064 Page 29 Case No. Attachment D ZA17-064 Page 30 Case No. Attachment D ZA17-064 Page 31 Case No. Attachment D ZA17-064 Page 32 Case No. Attachment D ZA17-064 Page 33 Case No. Attachment D ZA17-064 Page 34 Case No. Attachment D ZA17-064 Page 35 Case No. Attachment D ZA17-064 Page 36 Case No. Attachment D ZA17-064 Page 37 Case No. Attachment D ZA17-064 Page 38 Case No. Attachment D ZA17-064 Page 39 Responses Received outside Notification Boundary Case No. Attachment D ZA17-064 Page 40 Case No. Attachment D ZA17-064 Page 41 Case No. Attachment E ZA17-064 Page 0 Case No. Attachment E ZA17-064 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-730 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 5A, 5C1, 5B, 5A3, AND 5A2, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 5B AND 5A (5A AND 5B BEING PORTIONS OF LOT 5), BROCK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 34.73 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG ” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Governme nt 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, Case No. Attachment E ZA17-064 Page 2 WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural District and “SF-1A” Single Family Residential 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, lighti ng 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 Case No. Attachment E ZA17-064 Page 3 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, 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: Case No. Attachment E ZA17-064 Page 4 Being described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 5B and 5A (5A and 5B being portions of Lot 5), Brock Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 34.73 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District and “SF-1A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District as depicted on the a pproved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, wit h 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 pop ulation; 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 Case No. Attachment E ZA17-064 Page 5 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 conf lict 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, a s to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or Case No. Attachment E ZA17-064 Page 6 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 _____ day of _____, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY Case No. Attachment E ZA17-064 Page 7 PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-064 Page 8 EXHIBIT “A” Being described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 5B and 5A (5A and 5B being portions of Lot 5) Brock Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plats recorded in Cabinet A, Slide 3899 and Volume 388 -44 (1967), Plat Records, Tarrant County, Texas and being more particularly described as follows: Reserved for Metes and Bounds Description Case No. Attachment E ZA17-064 Page 9 EXHIBIT “B” Reserved for approved Development Plan