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Item 5 - Hawkwood (formerly Peytonville at Boardwalk)Case No. ZA18-0033 S T A F F R E P O R T September 14, 2018 CASE NO: ZA18-0033 PROJECT: Zoning Change and Concept Plan fo r Hawkw ood (formerly Peytonville at Boardwalk) EXECUTIVE SUMMARY: Sage Group, on behalf of Hat Creek Development , is requesting approval of a Zoning Change and Concept Plan on property described as Lots 1R and 2R, Block 1, Baker Estates Addition Southlake, Tarrant County, Texas, and located at 610 and 620 S. Peytonville Avenue, Southlake, Texas. The current zoning is “SF-1A” Single Family Residential District and “RE-5” Residential Estate District. The requested zoning is “SF-20A” Single Family Residential District. SPIN Neighborhood #10. REQUEST: The subject property is located on S. Peytonville Avenue approximately 525 feet south of the intersection of S. Peytonville Avenue and W. Southlake Blvd. The applicant is requesting approval of a Zoning Change and Concept Plan from “SF-1A” Single Family Residential District and “RE-5” Residential Estate District to “SF-20A” Single Family Residential District to allow construction of a 14 lot residential private drive gated subdivision. The development with include a drainage easement for the existing creek and an in-line pond along the creek. VARIANCE: A variance to Section 5.04, of the Subdivision Ordinance No. 483, as amended, to allow a private street with the initial development of the new residential subdivision. SITE DATA SUMMARY: Site Data Summary Existing Zoning “AG” and “RE-5” Proposed Zoning “SF-20A” Land Use Designation Medium Density Residential Gross/Net Acreage 9.8 acres Dwelling Units/Residential Lots 14 Density 1.43 du/acre Department of Planning & Development Services Case No. ZA18-0033 ACTION NEEDED: 1) Conduct Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated September 14, 2018 (D) Surrounding Property Owners Map and Responses (E) Surrounding Property Owners Responses (F) Ordinance No. 480-752 Full Size Plans (for Commission and Council members only)  Link to PowerPoint Presentation  Link to Narrative  Link to Variance Request  Link to Plans: Page 1 Concept Plan Page 2 Tree Conservation Plan  Link to SPIN Report  Link to Corridor Planning Committee Report STAFF CONTACT: Dennis Killough (817) 748-8072 Patty Moos (817) 748-8269 Case No. Attachment A ZA18-0033 Page 1 BACKGROUND INFORMATION APPLICANT: Kosse Maykus, Hat Creek Development PROPERTY SITUATION: 610 and 620 S. Peytonville Avenue LEGAL DESCRIPTION: Lots 1R and 2R, Block 1, Baker Estates Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District and “RE-5” Residential Estate District REQUESTED ZONING: “SF-20A” Single Family Residential District HISTORY: The property given the “AG” Agricultural zoning designation with the adoption of the City’s Zoning Ordinance in 1987. January 4, 1994; City Council approved a zoning change of 4.08 acres of the proposed Lot 2, Baker Estates from “AG” Agricultural District to “SF -1A” Single Family Residential District. (ZA93-104) January 20, 1994, the Planning and Zoning Commission approved a Final Plat for Lot 1 and Lot 2, Block 1, Baker Estates. (ZA93 -129) March 1994: a building permit was issued for the construction of a new residence on the property. July 15, 1997; City Council approved a plat revision for 2 lots for Baker Estates. (ZA97-071) August 5, 1997: City Council approved a zoning change for Lot 2, Block 1, Baker Estates from “SF-1A” Single Family Residential District to “RE-5” Residential Estate District. (ZA97-080) SOUTHLAKE 2035 PLAN: The underlying land use designation is Medium Density Residential. The request to change the zoning to “SF-20A” Single Family Residential District is consistent with this land use designation. Case No. Attachment A ZA18-0033 Page 1 PATHWAYS MASTER PLAN: The Pathway Master Plan for this property requires a 5-foot sidewalk along the west side of S. Peytonville Avenue and an 8-foot sidewalk on the east side of S. Peytonville Avenue. No sidewalks currently exist on the west side of S. Peytonville Avenue north of Elks Lane (from W. Continental Blvd. to Elks Lane) to W. Southlake Blvd. The 8-foot sidewalk on the east side of S. Peytonville Avenue has been constructed from Boardwalk Avenue north to W. Southlake Blvd. WATER & SEWER: This site is currently serviced by an existing force main along S. Peytonville Avenue. There is an existing 8” sewer line located along the entire length of the north property line and a 6” sewer line located on the east side of S. Peytonville Avenue. DRAINAGE COMMENTS: Drainage is generally to the south on the western and north portion of the lot and west at the southeast portion of the property. An existing creek is located within the subdivision draining to the south through the property. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 44.24% of existing tree cover on the site and a minimum of 50% of the tree cover is required to be preserved. The applicant is proposing to preserve 51.96% of the existing tree cover. CITIZEN INPUT: A SPIN meeting was held for this property on August 28, 2018. A link to the report is provided. Link to the SPIN Report A 2035 Corridor Planning Committee meeting was held on September 12, 2018. A link to the report is provided. Link to Corridor Planning Committee Report STAFF COMMENTS: The Concept Plan Review Summary No. 2, dated September 14, 2018 is located in Attachment ‘C’. Case No. Attachment B ZA18-0033 Page 1 Case No. Attachment C ZA18-0033 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA18-0033 Review No.: Two Date of Review: 9/14/18 Project Name: Zoning Change and Concept Plan – Hawkwood (formerly Peytonville at Boardwalk) APPLICANT: Hat Creek Development OWNER: Robert and Deany Cocanougher Koss Maykus Robert Cocanougher P.O. Box 92747 620 S. Peytonville Avenue Southlake, TX 76092 Southlake, TX 76092 Phone: 817-329-3111 Phone: 817-266-2068 Email: Kosse@maykus.com Email: Robert@wiseadv.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 9/5//2018 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 Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us 1. All residential lots must front on a public street meeting minimum City Standards. In Section 5.04 of the Subdivision Ordinance, as amended, Conversion to Private Streets in Residential Subdivisions (Amended Ord. No. 483-E): If the community desires gated streets, the applicant will need to request a variance to Subdivision Ordinance No. 483, as amended, Section 5.04, which does not permit private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures to allow a gated community with private streets with the initial development. Variance requested, to allow development of a gated private street. 2. All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: 1. Existing trees proposed to be preserved are located within utility easements where a water line and storm drains are proposed to be installed. Ensure that existing trees that are proposed to be preserved are not altered by the utility construction. Trees shown to be protected will be required to be mitigated if altered. 2. Existing trees in off-site utility easements will be required to be shown on all development civil construction plans. Case No. Attachment C ZA18-0033 Page 2 * The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 44.24% of existing tree cover on the site and a minimum of 50% of the cover is required to be preserved. The applicant is proposing to preserve at least 51.96% of the existing tree cover with 19.90% designated as possibly (Marginal) to be removed. * 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 perce ntage 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 tr ee 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 preserve d 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 co nflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. ___________________________________________________________________________________ Public Works/Engineering Review Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 1. Label curb return radius for the proposed drive. Curb return radii for driveways shall be 30’ minimum. EASEMENTS: Case No. Attachment C ZA18-0033 Page 3 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. There’s currently a proposed 14’ wide drainage easement. Storm sewer lines proposed to run along the rear of the lot s will require a private drainage easement and will need to be privately maintained. SANITARY SEWER COMMENTS: 1. Is there an alternative sanitary sewer route such as tie -in to sewer line by Peytonville avenue? Staff would like to preserve the existing trees if possible. Please analyze if alternate options are available. DRAINAGE COMMENTS: 1. Limits of 1% floodplain boundaries shall be shown and contained within a dedicated drainage easement at the time of submittal of the final plat and civil set. 2. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100 - year storm events. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. If tract does not detain, development will need to provide hydraulic and hydrology supporting documents up to the critical drainage infrastructure at the time of the civil set showing that downstream properties are not negatively affected. 3. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must be installed outside the edge of pavement. Ordinance #605 defines easement requirements for storm sewer: 30” RCP and under - 15’ easement 42” – 54” RCP - 20’ easement 60” – 66” RCP - 25’ easement 72” – 102” RCP - 30’ easement Over 102” RCP – 3.5 times diameter 4. As the interpretation of “significant” may differ between city staff members and developer’s staff, any revision of the con cept/site/ development proposed pond(s) may require a re - approval from Planning and Zoning Commission and the City Council. 5. Provide a storm sewer junction box by lot 1 to provide a maintenance access point. * Provide inlet at the end of pavement of proposed street to intercept runoff before entering adjacent property. * Property drains into a Critical Drainage Structure #19 and requires a fee to be paid prior to beginning construction ($417.61/Acre). * Discharge of post development runoff must have no adverse impact on upstream & 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 Case No. Attachment C ZA18-0033 Page 4 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. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * 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. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of pub lic 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. *=Denotes informational comment. _________________________________________________________________________________ Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us CONCEPT PLAN: 1. Show location of proposed stop sign at the intersection of the development exit and S Peytonville Ave. 2. Proposed landscaping shall not obscure existing or proposed traffic signs. Follow guidance of the latest edition of AASHTO’s “A Policy on Geometric Design of Highways and Streets” regarding stopping sight distance for exiting motorists to see stop signs. 3. Proposed masonry wall shall not obscure intersection sight distance at the driveway. Follow guidance of the latest edition of AASHTO’s “A Policy on Geometric Design of Highways and Streets” regarding required intersection sight distance for motorists exiting the site. 4. Proposed driveway storage length of 58.5’ is acceptable. 5. Follow guidance of Fire Marshal regarding pavement widths of the entrance and exit to the site. ___________________________________________________________________________________ Fire Department Review Kelly Clements Case No. Attachment C ZA18-0033 Page 5 Fire Marshal Phone: (817) 748-8223 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. 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) (Also, the median in f ront of Lot 1 and 14 must be designed to support the load of the fire apparatus due to being in an area that may be necessary for fire department access) _________________________________________________________________________________ General Informational Comments * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be a ware 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. For this development, a Preliminary Plat, followed by a Plat Revision or alternative to a Plat Revision, a Plat Vacation and Final Plat approved will be required. * Denotes Informational Comment Case No. Attachment D ZA13-0033 Page 1 Surrounding Property Owners 610 and 620 S. Peytonville Avenue SPO # Owner Zoning Address Acreage Response 1. ROGERS, DENNIS P SF20A 1420 PARK PL 0.48 NR 2. EADS, JIMMIE D SF20A 1417 PARK PL 0.47 NR 3. LIU, JIE SF20A 1419 PARK PL 0.47 NR 4. CONTARDI, LISA A SF20A 610 BOARDWALK AVE 0.46 O 5. ELAM, THOMAS E SF20A 612 BOARDWALK AVE 0.47 NR 6. RIVERA, JAY S SF20A 611 BOARDWALK AVE 0.67 NR 7. MCDERMOTT, KARL SF20A 607 STONEBURY DR 0.52 NR 8. SWACKER, ROBERT N SF20A 605 STONEBURY DR 0.73 O 9. YOUNG, KEITH W SF20A 515 STONEBURY DR 0.48 NR 10. WOODS, SCOTT A SF20A 517 STONEBURY DR 0.70 NR 11. HARRY, GLEN SF20A 519 STONEBURY DR 0.68 NR 12. CROWN, STACIE S SF20A 604 STONEBURY DR 0.55 NR 13. MURRAY, THOMAS J SF20A 516 STONEBURY DR 0.61 NR 14. RABELER, HILARY SF20A 602 STONEBURY DR 0.48 NR 15. CHAND, ELIZABETH SF20A 521 STONEBURY DR 0.50 NR 16. HUBIK, JOSEPH P SF20A 603 STONEBURY DR 0.67 NR 17. SOUTHLAKE WOODS LP SF20A 2557 SW GRAPEVINE PKWY STE 100 0.20 NR 18. NYHOFF, DOUGLAS G SF1-A 670 S PEYTONVILLE AVE 2.56 NR 19. MCKELVEY, THOMAS R SF1-A 690 S PEYTONVILLE AVE 3.37 NR 20. KAHN, MAYIER SF20A 1801 NATIVE DANCER PL 0.96 NR 21. CARTER, W MICHAEL SF20A 1808 NATIVE DANCER PL 0.86 NR 22. RAMAMURTHY, G SF20A 1800 NATIVE DANCER PL 0.96 O 23. KHANANIA, ALISON SF20A 610 INDIAN PAINTBRUSH WAY 1.05 NR 24. LI, YUEH-HUA SF20A 1804 NATIVE DANCER PL 1.00 O 25. LIU, XIAODAN SF20A 608 INDIAN PAINTBRUSH WAY 1.00 NR 26. VINEYARD, BRYAN C SF20A 604 INDIAN PAINTBRUSH WAY 0.56 NR 27. FRITZ, MARK R SF20A 600 INDIAN PAINTBRUSH WAY 0.54 O Case No. Attachment D ZA13-0033 Page 2 28. IVEY, BRIAN SF20A 524 INDIAN PAINTBRUSH WAY 0.50 NR 29. NAOMI JONES LIV TRUST SF1-A 701 S PEYTONVILLE AVE 1.00 NR 30. NAOMI JONES LIV TRUST SF1-A 701 S PEYTONVILLE AVE 13.99 NR 31. Supt. of Carroll ISD 2400 N Carroll Ave NR 32. Superintendent of Grapevine Colleyville ISD 3051 Ira E Woods Ave NR 33. Supt. of Northwest ISD PO Box 77070 NR 34. Supt. of Keller ISD 350 Keller Pkwy NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Responses Received: In Favor: 0 Opposed: 5 Undecided: 0 No Comment 0 No Response: 28 Notices Sent: Thirty-three (33) Responses Received within 200’: 5 Responses Received Outside 200’: 0 Case No. Attachment E ZA18-0033 Page 1 Surrounding Property Owners Responses Within 200 ft. Case No. Attachment E ZA18-0033 Page 2 9-11-18 via email Hi Patty, I am writing with regards to the Public Hearing Notice that I received for ZA18-0033. We live in 1800 Native Dancer Place in Southlake and our property is adjacent to the proposed zoning change at 610 and 620 S Peytonville. The proposed zoning change from SA-1A (3+ Ac) and RE-5 (5+ Ac) to SF-20A would increase from one/two family lots to a 14 lot subdivision with lot sizes around 20,000 to 37,000 s.f. We believe the zoning change will drastically impact negatively on the neiborhood and our property.  Our property is in the path of storm drain flow. Our house often gets flooded during heavy rains. We are constantly having to create pathways, remove debris along the path to ensure that the water flows continuously. Despite this, at times the flow is so fast, the water rises to above slab level and the house gets flooded.  Adding a subdivision only exacerbates the flooding situation due to the following reasons: o Addition of roads, sidewalks, slabs, patios, driveways with concrete would increase the flow of storm water. o This is also a safety issue for our family. Our parents who are 87 and 80 live with us and it would be difficult to evacuate them in a timely manner. o I haven't seen any flood studies for the neighborhood. o The developer nor the owner have talked to me about this proposed zoning change. o The first time I came to know about this was yesterday when I received a notice in mail.  We have Carroll Senior High School on the S Peytonville Ave and is a few hundred feet from the proposed subdivision. From 7-8.30 am and 3.30 to 4.30 pm during school time, S Peytonville is already jammed that requires traffic police to direct the traffic. The traffic would get worse with the proposed 14 lot subdivision.  Traffic from this neighborhood also impacts Carroll Elementary School on Continental Blvd. Traffic on both ways backs up to at least 500 yards in both directions.  The proposed subdivision doesn't address the storm drain issue. For that kind of development, one would expect a detention pond of at least 2 acres with slow release.  Most of our neighbors have large lots with plenty of trees and greens. The smaller lots of the proposed subdivision do not appear to fit into a large lot community and would most likely have less trees and greens. Based on the above, we strongly OPPOSE the zoning change. Thank You. -- Sincerely, Kishore Pondugula & Geethanjali Ramamurthy 1800 Native Dancer Pl Southlake, TX 76092 (817) 301-3015 Case No. Attachment E ZA18-0033 Page 3 9-11-18 via email Hi Patty, It was nice talking to you this morning about the rezoning subject. We live in 1804 Native Dancer Place in Southlake and the property is right next to the Baker Estates Addition on 610 and 620 S Peytonville that is proposing the zoning change. The proposed zoning change from SA-1A to SF-20A would increase from one family units to a 14 lot subdivision with lot sizes around 20,000 to 37,000 s.f. We believe the zoning change will drastically impact negatively on the neiborhood and our property. 1. We have Carroll Senior High School on the S Peytonville Ave and is a few hundred feet from the proposed subdivision. From 7-8.30 am and 3.30 to 4.30 pm during school time, S Peytonville is already jammed that requires traffic police to direct the traffic. The traffic would get worse with t he proposed 14 lot subdivision. 2. Most of our neighbors have large lots with plenty of trees and greens. The smaller lots of the proposed subdivision do not appear to fit into a large lot community and would most likely have less trees and greens. 3. Our pool area is lower than our house foundation and the proposed new subdivision would be right next to our pool area and might cause flooding in our property. Based on the above, we strongly OPPOSE the zoning change. Please let us know if there are any changes to this rezoning. Thank you very much. Alan and Judy Li 1804 Native Dancer Place Southlake, TX 96092 Sent from Mail for Windows 10 Case No. Attachment E ZA18-0033 Page 4 Case No. Attachment E ZA18-0033 Page 5 Case No. Attachment E ZA18-0033 Page 6 Case No. Attachment E ZA18-0033 Page 7 Case No. Attachment F ZA18-0033 Page 1 ORDINANCE NO. 480-752 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 1R AND 2R, BLOCK 1, BAKER ESTATES ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 9.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT AND “RE-5” RESIDENTIAL ESTATE DISTRICT TO “SF- 20A” 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 “SF-1A” Single Family Residential District and “RE-5” Residential Estate District under the City’s Comprehensive Zoning Case No. Attachment F ZA18-0033 Page 2 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 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 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 unreasonabl y invade the rights of Case No. Attachment F ZA18-0033 Page 3 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: Being described as Lots 1R and 2R, Block 1, Baker Estates Addition Southlake, Tarrant County, Texas, being approximately 9.80 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District and “RE-5” Residential Estate District to “SF-20A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein Case No. Attachment F ZA18-0033 Page 4 as Exhibit “B”, and subject to the following conditions: Council Motion: 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 Ordina nce 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 he reby 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. Case No. Attachment F ZA18-0033 Page 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, n eglects 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 th e 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 Case No. Attachment F ZA18-0033 Page 6 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 or dinance 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 passa ge 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 PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA18-0033 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA18-0033 Page 7 EXHIBIT “A” Reserved for metes and bounds description Case No. Attachment F ZA18-0033 Page 0 EXHIBIT “B” Reserved for approved concept plan