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Item 6HCase No. ZA18-012 S T A F F R E P O R T August 28, 2018 CASE NO: ZA18-012 PROJECT: Zoning Change and Concept Plan for 1705 Maranatha Way EXECUTIVE SUMMARY: On behalf of Juan and Sol Arango, ADC Custom Homes is requesting approval of a Zoning Change and Concept Plan for 1705 Maranatha Way on property described as Tracts 1A05A & 1A05C, W. Winn Survey, Abstract No. 1660 and Tracts 1A03 & 1A01, J. H. Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and located at 1705 Maranatha Way, Southlake, Texas. Current Zoning: “AG” Agriculture District. Proposed Zoning: “SF-2” Single Family Residential District. SPIN Neighborhood # 5. DETAILS: This property is located on the west side of Maranatha Way approximately 425 feet north of Randol Mill Avenue. The purpose of this request is to seek approval of a Zoning Change and Concept Plan for single-lot residential construction on approximately 3.13 acres. VARIANCE REQUESTED: A variance to the Subdivision Ordinance No. 483, Section 8.01(A), which requires that all residential lots front on a public street, is requested. Maranatha Way is currently a private access easement and doesn’t meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding residential streets. The applicant is requesting a variance to allow the lot to front on Maranatha Way as it currently exists and has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Maranatha Way, which are as follows: a. The applicant acknowledges that the City will not maintain Maranatha Way and that it is the responsibility of the property owners to maintain Maranatha Way to a level that will allow fire trucks to respond to emergencies. ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Approval of Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Concept Plan Review Summary No. 4, dated August 13, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-750 Department of Planning & Development Services Case No. ZA18-012 Full Size Plans ( for Council members only ) • Link to PowerPoint Presentation • Link to Plans • Link to Variance Request Letter • Link to Comprehensive Plan Analysis STAFF CONTACT: Dennis Killough (817) 748-8072 / Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA18-012 Page 1 BACKGROUND INFORMATION OWNERS: Juan and Sol Arango APPLICANT: ADC Custom Homes PROPERTY SITUATION: 1705 Maranatha Way LEGAL DESCRIPTION: Tracts 1A05A & 1A05C, W. Winn Survey, Abstract No. 1660 and Tracts 1A03 & 1A01, J. H. Childress Survey, Abstract No. 253 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District PROPOSED ZONING: “SF-2” Single Family Residential District HISTORY: -The property was annexed into the City in 1987 and given the “AG” Agricultural zoning designation. -An existing house and garage were removed in 2017. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is “Low Density Residential”. Mobility & Master Thoroughfare Plan Maranatha Way is currently a private access easement. FM1938 is a 6- lane divided Arterial with 130-140 feet of right of way. Pathways Master Plan & Sidewalk Plan Sidewalk construction is not required by ordinance along a private street. An 8 foot sidewalk was recently constructed along the east side of FM1938 adjacent to the subject property. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Maranatha Way is currently a private access easement. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D. There is 24% of existing tree cover and a minimum of 60% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 91% of the existing tree cover. UTILITIES: An existing 6” water line in Maranatha Way will serve the proposed lot. City sewer is not available to the property. An on-site sewage facility, or septic system, will be required. CITIZEN INPUT: A SPIN meeting was not scheduled for this project. Case No. Attachment A ZA18-012 Page 2 PLANNING & ZONING COMMISSION: August 9, 2018; Approved (6-0) subject to the Staff Report dated August 3, 2018 and Concept Plan Review Summary No. 4, dated July 31, 2018; and, approving the requested variance to the subdivision ordinance regarding lot frontage. CITY COUNCIL: August 21, 2018; Approved at 1 st reading on consent (7-0) granting the variance to the Subdivision ordinance 483, as amended (section 8.01A) which requires lots to front on a public street. Maranatha Way is a private street. STAFF COMMENTS : Attached is Revised Review Summary No. 4, dated August 13, 2018. Case No. Attachment B ZA18-012 Page 1 Case No. Attachment C ZA18-012 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA 18 -012 Review No.: Four Date of Review: 08/13 /18 Project Name: Zoning Change & Concept Plan – 1705 Maranatha Way APPLICANT: ADC Custom Homes Owner : Juan and Sol Arango Mark Anderson Juan Arango 4417 71 st Street, Ste 41 2105 N. Carroll Ave. Lubbock, TX 79424 Southlake, TX 76092 Phone: 806-789-6275 Phone: 817-829-8914 Email: manderson@adc-group.com Email: jarango@1tradelogistics.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/25/18 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 Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email: lfletcher@ci.southlake.tx.us 2. The subject tracts of land do not currently front on a public street maintained by the City of Southlake. Maranatha Way is a private access easement and was put in place prior to annexation of this property into the City of Southlake. Any new construction, platting or subdivision of this property will require that the lot(s) front a street in accordance with the City’s Subdivision Ordinance No. 483, as amended. A variance has been requested. 3. Please provide written acknowledgement that the property owner will be responsible for repairing and maintaining Maranatha Way as needed. It is a condition of approval for properties on this street and similar streets that are not maintained by the City. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Ensure that the proposed grading does not conflict with the proposed tree preservation. ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to cause a tree to die, including but not limited to, any of the following: uprooting any portion of the tree’s root system; severing the main trunk of the tree; inflicting damage upon the tree’s Case No. Attachment C ZA18-012 Page 2 root system by machinery, storage of materials, or the compaction of soil above the root system of a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root zone of the tree so as to divert the flow of water to or away from the critical root zone; applying herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree; placement of impermeable material over any portion of the critical root system of a tree; and trenching within the critical root zone. A protected tree shall be considered to be altered if one or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is disfigured to the extent a reasonable person would conclude the tree will not survive. * The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 24% of existing tree cover and a minimum of 60% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 91% of the existing tree cover. * 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. 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. * 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. LANDSCAPE COMMENTS: 1. A 15’ – Q type bufferyard is required to be provided adjacent to the west property boundary line. A Q type bufferyard required 2 Canopy Trees, 3 Accent Trees, and 10 Shrubs per 100’ liner feet of the required bufferyard. Existing trees and vegetation preserved within and close to the bufferyard area may be credited toward the meeting the required plant material. Please ensure that no portion of the play court is located within the any portion of the required bufferyard. Case No. Attachment C ZA18-012 Page 3 USE OF BUFFERYARDS – A bufferyard may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E., CFM Deputy City Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Submit grading and drainage plans with Building Permit application prepared by a registered professional engineer in the State of Texas. Plan shall include 2’ contours and drainage arrows. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. Runoff from the dwelling must be shown to discharge into a drainage easement or right of way. 3. Show proposed sidewalks on the plans. 4. Dimension the proposed drive. Refer to Driveway Ordinance No. 634 for design criteria. * Sidewalk widths shall conform to the Southlake Pathways Plan. EASEMENTS: 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. Detention ponds shall be dedicated by plat as drainage easements. DRAINAGE COMMENTS: 1. Differences between pre- and post- development runoff shall be captured in detention pond. Proposed detention ponds shall control the discharge of the 1, 5 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. Case No. Attachment C ZA18-012 Page 4 2. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. 3. Verify size, shape, and/or location of the detention pond (as depicted on the concept plan). Any changes to size, shape, and/or location of the proposed pond may require a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and the City Council. 4. Proposed driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 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 * 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.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * 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 stabilization. * 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. *=Denotes informational comment. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us Case No. Attachment C ZA18-012 Page 5 GENERAL COMMENTS: An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000 square feet, excluding porches and patios. A complete set of plans for the fire sprinkler system shall be submitted to Reed Fire Protection, Green Tag Engineering or Coker Engineering for review and approval. These plans shall be submitted by a state licensed contractor. The sprinkler system must be visually inspected by the Fire Marshal’s Office prior to sheet rock being applied. Also, the builder must call for a fire alarm test and final inspection to obtain a Certificate of Occupancy. All 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 apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of the pool house and residence if the square footage requirement does not require them to be sprinkled with an automatic fire sprinkler system, or access provided within 250 feet of all exterior portions of the perimeter of the pool house and residence if they are protected with an automatic fire sprinkler system. 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) A vertical clearance of 14 feet must also be provided. Provide a Knox KS-2 switch for the controlled entry gate to allow emergency access to the residence and provide a means for manual operation of the gate in the event of power loss. Building Inspections Review Susan Hernandez Deputy Building Official Phone: (817) 748-8238 E-mail: shernandez@ci.southlake.tx.us 1. This review is preliminary. Additional requirements will likely be necessary with the review of building plans for permit. 2. This lot had a house that was demolished in 2017. There may be credits for impact fees for water and sewer. 3. There will be a front entry gate and fence. Electrical is noted for this but the fence and gate are not show on the plans. Fencing with stone columns require engineering and must be set back a minimum of one car length from the edge of the street. 4. There is a water pump noted at the front corner of the house. Is there a water well on the property? If so, there may be additional regulations. 5. Lighting for the sport court and golf green must not spill over onto neighboring properties. Case No. Attachment C ZA18-012 Page 6 6. Fencing for the court depending on height may be required to be setback 20’ from the property line. 7. There is a maximum allowable area for accessory buildings on the lot based on the zoning. This includes the pool house, pool cabana (shown on drainage plan) and may include the garage. 8. All items separate from the house require a separate permit. General Informational Comments * Please be aware that a condition of approval for properties on this street and similar streets that are not maintained by the City is that the property owner acknowledges that he or she will be responsible for repairing and maintaining the street as needed. * Fencing along the west property line is required to be constructed of the primary masonry materials of the building, wrought iron or living plant material. It shall not run in straight line without being off-set 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 (required bufferyard is 15’ Type Q so half is 7 ½ feet). * Please note the Fire Marshal’s comments. The proposed pool house will require sprinkling unless the drive access can be extended. * The SF-2 zoning district allows for the sum of all accessory structures and buildings having a roof on the lot a maximum 3% of the lot area. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, 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. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones and Section 50, SF-2 Single Family Residential District. * 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 applicant should be aware that prior to issuance of a building permit a Plat Showing must be processed and filed in the County Plat Records; in addition, the following may be required: a fully corrected concept plan, grading plan, drainage plan, tree plan and building plans must be submitted for approval and all required fees must be paid. This may include but not be Case No. Attachment C ZA18-012 Page 7 limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Any curb cuts or other work being done within FM 1938 right-of-way will require approval and coordination with TxDOT. * Denotes Informational Comment Case No. Attachment D ZA18-012 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. DON CRAFTON COX TRUST AG 1560 RANDOL MILL AVE 1.74 NR 2. ROCKWOOD PROPERTIES LLC AG 0.24 NR 3. ROCKWOOD PROPERTIES LLC AG 0.25 NR 4. GARNER TRUST SF1 -A 1718 MARANATHA WAY 1.27 NR 5. 1710 MARANTHA WAY LLC SF1 -A 1710 MARANATHA WAY 1.29 NR 6. ROCKWOOD PROPERTIES LLC AG 1520 RANDOL MILL AVE 2.62 NR 7. ROCKWOOD PROPERTIES LLC AG 1.15 NR 8. DSC FAMILY TRUST SF1 -A 1720 MARANATHA WAY 1.34 NR 9. GARNER TRUST SF1 -A 1714 MARANATHA WAY 1.28 NR 10. PATTERSON, MONTY SF1 -A 1711 MARANATHA WAY 4.08 NR 11. ARANGO, JUAN AG 1705 MARANATHA WAY 1.94 F 12. Town of Westlake NR 13. Superintendent of Carroll ISD NR 14. Superintendent of Northwest ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Ten (10) Responses Received: One (1) in favor City of Westlake Case No. Attachment D ZA18-012 Page 2 Case No. Attachment E ZA18-012 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-750 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 1A05A & 1A05C, W. WINN SURVEY, ABSTRACT NO. 1660 AND TRACTS 1A03 & 1A01, J. H. CHILDRESS SURVEY, ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 3.13 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "AG" AGRICULTURAL DISTRICT TO “SF-2” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment E ZA18-012 Page 2 District under the City’s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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 Case No. Attachment E ZA18-012 Page 3 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 ZA18-012 Page 4 Being described as Tracts 1A05A & 1A05C, W. Winn Survey, Abstract No. 1660 and Tracts 1A03 & 1A01, J. H. Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas being approximately 3.13 acres, and more fully and completely described in Exhibit “A” from "AG" Agricultural District to “SF-2” 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: 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, 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 Case No. Attachment E ZA18-012 Page 5 complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether Case No. Attachment E ZA18-012 Page 6 pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the 21 st day of August, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: Case No. Attachment E ZA18-012 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-012 Page 8 EXHIBIT “A” Being described as Tracts 1A05A & 1A05C, W. Winn Survey, Abstract No. 1660 and Tracts 1A03 & 1A01, J. H. Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas, being approximately 3.13 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-012 Page 9 EXHIBIT “B” Reserved for approved Site Plan