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Item 6ACase No. ZA18-0029 S T A F F R E P O R T September 25, 2018 CASE NO: ZA18-0029 PROJECT: Zoning Change and Concept Plan for 1100 Shady Oaks Dr. EXECUTIVE SUMMARY: Leland Martin is requesting 2nd Reading approval of a Zoning Change and Concept Plan for 1100 Shady Oaks Dr. on property described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 1100 Shady Oaks Dr., Southlake, Texas. Current Zoning: “AG” Agriculture District. Proposed Zoning: “SF-20A” Single Family Residential District. SPIN Neighborhood # 7. DETAILS: This property is located on the east side of Shady Oaks Dr. approximately 300 feet south of W. Highland St. The purpose of this request is to seek 2nd Reading approval of a Zoning Change and Concept Plan from “AG” Agriculture District to “SF-20A” Single Family Residential District. to allow one new home to be constructed on one residential lot. The existing unplatted tract is approximately 32,278 square feet. The lot area proposed after right of way dedication is approximately 29,683 square feet. The minimum lot area permitted in the “SF-20A” District is 20,000 square feet. The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 29,683 square foot (0.68 acre) lot to be rezoned to “SF-20A” while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. The Master Pathways Plan shows a priority segment for an eight (8) foot multi-use trail from Love Henry Ct. to W. Highland St. on the east side of Shady Oaks Dr. The typical sidewalk requirement with the development of one single family lot is a five (5) foot sidewalk. The applicant has agreed to escrow the funds for the cost of a five (5) foot sidewalk and the City will construct the eight (8) foot multi-use trail with the future improvements to Shady Oaks Dr. VARIANCE REQUESTED: Driveway Ordinance No. 634, as amended, Section 5.1 requires a forty (40) foot minimum centerline driveway spacing for residential driveways on collector streets. The applicant is proposing a centerline spacing of approximately twenty (20) feet between the proposed northern driveway and the existing gravel driveway on the property to the north. Department of Planning & Development Services Case No. ZA18-0029 ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 4, dated September 14, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-751 Half Size Plans ( for Commission and Council members only ) Link to PowerPoint Presentation Link to Plans Link to SPIN Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA18-0029 Page 1 BACKGROUND INFORMATION OWNER/ APPLICANT: Leland Martin PROPERTY SITUATION: 1100 Shady Oaks Dr. LEGAL DESCRIPTION: Tract 8A06, Thomas M. Hood Survey, Abstract No. 706 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District PROPOSED ZONING: “SF-20A” Single Family Residential District HISTORY: - The property was annexed into the City in 1956 and given the “AG” Agricultural District zoning designation. - A single family residence was constructed on the property in 1981 (Source: Building Permit). - The previous single family residence on the property was demolished in 2016 (Source: Demolition Permit). - The property owner went before the Zoning Board of Adjustment on May 24, 2018 to request variances to the existing “AG” Agricultural District zoning regulations to allow a 25’ front building line, a 15’ side building line on the south boundary, a 30’ rear building line, and a maximum lot coverage to not exceed 30% of the lot area to construct a new home on the property. A motion by the Board to deny the requested variances carried by a vote of (4-1). SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is “Low Density Residential”. The request to change the zoning to “SF-20A” Single Family Residential District is not consistent with this land use designation, but the applicant is requesting to allow the rezoning to “SF-20A” while retaining the Low Density Residential designation since the existing tract is not being further subdivided. 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 rights-of-way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Shady Oaks Dr. as an undivided two lane collector with 60’ of right of way. Adequate right of way is shown to be Case No. Attachment A ZA18-0029 Page 2 dedicated on the plans. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a priority segment for an eight (8) foot multi-use trail from Love Henry Ct. to W. Highland St. on the east side of Shady Oaks Dr. The typical sidewalk requirement with the development of one single family lot is a five (5) foot sidewalk. Staff recommends that the property owner escrow the funds for the cost of a five (5) foot sidewalk and the City will construct the eight (8) foot multi-use trail with the future improvements to Shady Oaks Dr. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Shady Oaks Dr. is currently constructed as an approximately 20’ wide two- lane road with a speed limit of 30 mph. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. One home is proposed to be built on one residential lot. TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585-D since it is being rezoned. The proposed Tree Preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 34.7% of existing tree cover on the property and a minimum of 60% is required to be preserved. The applicant is proposing to preserve 69% of the existing tree cover. UTILITIES: The property is served by a 12” water line in Shady Oaks Dr. The closest City sewer is to the west in the Shady Oaks Phase 1A subdivision, which connects to a lift station at the northeast corner of the subdivision. City sewer must be extended to serve the property or the property will require an on-site sewage facility (OSSF). DRAINAGE: The drainage on the property is generally sheet flow from west to east. CITIZEN INPUT: A SPIN meeting was held on August 14, 2018. Link to SPIN Report PLANNING AND ZONING COMMISSION ACTION: September 6, 2018; Approved (7-0) subject to the staff report dated August 31, 2018 and Concept Plan Review Summary No. 2, dated August 30, 2018, noting specifically that this approval is based on the applicant’s statement that the request to change the zoning to “SF-20A” Single Family Residential District is not consistent with the Low Density Residential Land Use designation but the applicant is requesting to allow the rezoning to “SF-20A” while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided, additionally noting the applicant’s willingness to escrow funds for the five (5) foot sidewalk and also noting the applicant’s willingness to amend the site plan to show the location of the proposed second driveway. CITY COUNCIL ACTION: September 18, 2018; Approved at 1 st Reading on consent (6-0) subject to the staff report dated September 18, 2018 and Concept Plan Review Summary No. 4, dated September 14, 2018, granting the following variance Case No. Attachment A ZA18-0029 Page 3 request: Driveway Ordinance No. 634, as amended, Section 5.1 which requires a forty (40) foot minimum centerline driveway spacing for residential driveways on collector streets. The applicant is proposing a centerline spacing of approximately twenty (20) feet between the proposed northern driveway and the existing gravel driveway on the property to the north. City Council is granting this variance request. Also noting that the applicant is requesting to allow the approximately 29,683 square foot (0.68 acre) lot to be rezoned to “SF-20A” while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided and no additional home sites than previously existed will be added. And noting that the applicant has agreed to escrow the funds for a five (5) foot wide sidewalk for a future sidewalk along Shady Oaks Dr. STAFF COMMENTS : Attached is Concept Plan Review Summary No. 4, dated September 14, 2018. APPLICABLE REGULATIONS: General Development Standards Applies Comments Overlay Regulations NA Not Applicable Building Articulation NA Not Applicable Masonry Standards NA Not Applicable Impervious Coverage NA Not Applicable Bufferyards NA Not Applicable Interior Landscape NA Not Applicable Tree Preservation Y Complies Sidewalks Y 8’ multi-use trail is required. The applicant will escrow funds for the cost of a five (5) foot sidewalk and the City will construct the eight (8) foot multi-use trail with the future improvements to Shady Oaks Dr. Case No. Attachment B ZA18-0029 Page 1 Case No. Attachment C ZA18-0029 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA18-0029 Review No.: Four Date of Review: 09/14/18 Project Name: Concept Plan – 1100 Shady Oaks Dr. APPLICANT: Leland Martin OWNER: Same 1100 Shady Oaks Dr. Southlake, TX 76092 Phone: (817) 881-2751 Phone: E-mail: lcmartin550@iclouod.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/14/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT 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 Plat Showing that complies with the underlying zoning district must be processed, approved and recorded with the County prior to the issuance of building permits. 2. The minimum centerline spacing for residential driveways on a collector street is forty (40) feet. The applicant is requesting a variance to allow a spacing of approximately twenty (20) feet from the proposed northern driveway and the existing gravel driveway to the north. The exact location of the proposed driveway will be field located once the tree protection for the double-trunk pecan tree has been approved by the Landscape Administrator. A variance of 20’ is requested to allow the driveway to be shifted slightly to the north if necessary to save the pecan tree. 3. Show and label the eight (8) foot multi-use trail along Shady Oaks Dr. 4. Please revise the Tree Conservation Plan prepared by Kellie Engineering to show the revised turnaround and turn out for mail carrier at the existing driveway to match the Concept Plan. The revision will not affect any trees proposed to be preserved or the percentage of canopy to be preserved. 5. City sanitary sewer service is not currently provided to the site. City Sewer must be extended to serve the property or the property will require an on-site sewage facility (OSSF). If an OSSF is proposed, please be aware that a variance must be approved by the Zoning Board of Adjustment to allow an OSSF on a property less than one acre as required by Zoning Ord. No. 480, as amended, Section 33.14. * Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Master Pathways Plan shows a priority segment for an eight (8) foot multi-use trail from Love Henry Ct. to W. Highland St. on the east side of Shady Oaks Dr. The typical sidewalk requirement with the development of one single family lot is a five (5) foot sidewalk. Staff recommends, and the applicant has agreed, to escrow the funds for the cost of a five (5) foot sidewalk and the City will construct the eight (8) foot multi-use trail with the future improvements to Shady Oaks Dr. * Please be aware the Shady Oaks Dr. is shown on the Master Thoroughfare Plan as an undivided two lane collector with 60’ of right of way. Any fencing provided along Shady Oaks Dr. must comply with Zoning Ord. No. 480, as amended, Section 39.5.c.4., Screening and Fencing. Case No. Attachment C ZA18-0029 Page 2 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. The proposed Tree Preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 34.7% of existing tree cover on the property and a minimum of 60% is required to be preserved. The applicant is proposing to preserve 69% of the existing tree cover. Please revise the Tree Conservation Plan prepared by Kellie Engineering to show the revised turnaround and turn out for mail carrier at the existing driveway to match the Concept Plan. * 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Case No. Attachment C ZA18-0029 Page 3 Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@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 plan 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 and label the future 8’ sidewalk on the Concept Plan and Tree Conservation Plan. 4. Dimension the proposed drive. Refer to Driveway Ordinance No. 634 for design criteria. 5. Label the distances to the nearest drives in both directions from the proposed drive. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: * Detention facilities shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. SANITARY SEWER COMMENTS: 1. Please clarify how the subject tract is planning to address Sanitary Sewer service. DRAINAGE COMMENTS: 1. 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. 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. * Proposed driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Property drains into a Critical Drainage Structure #08 and requires a fee to be paid prior to beginning construction ($479.34/Acre). Case No. Attachment C ZA18-0029 Page 4 * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * 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 right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: * An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000 square feet, excluding porches and patios. (Square footage not indicated for residence) FIRE ACCESS COMMENTS: * Provide a Knox KS-2 electronic switch for emergency access to the residence if a controlled access gate is utilized on the property. Also, provide a means for manual operation of the gate in the event of power loss. * Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of the 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. FIRE HYDRANT COMMENTS: * All residences must be located within 1000 feet of a fire hydrant, measured as the hose would be laid, or a hydrant will be required to be added. Case No. Attachment C ZA18-0029 Page 5 General Informational Comments * A SPIN meeting was held on August 14, 2018. * All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended (variance requested). * 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. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA18-0029 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. SCHAU, DAN SF20A 1021 BERKSHIRE RD 0.49 NR 2. STUBBINS THOMAS FENTON SF20A 1013 BERKSHIRE RD 0.49 NR 3. SMITH, ANDREW SF20A 1017 BERKSHIRE RD 0.47 NR 4. ULSH, LAURIE SF20A 1009 BERKSHIRE RD 0.53 NR 5. COVENTRY MANOR HOA RPUD 800 TURNBERRY LN 1.97 NR 6. ALAM, UMME SF20A 700 ROCHESTER LN 0.60 NR 7. MARTIN, LELAND C AG 1100 SHADY OAKS DR 0.77 NR 8. FLEPS, JOHN J AG 603 W HIGHLAND ST 0.95 NR 9. KEMINS, ROBERT A AG 605 W HIGHLAND ST 0.51 NR 10. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.81 NR 11. RUSSELL, ANN AG 1049 SHADY OAKS DR 1.44 NR 12. STROMBERG, WILLIAM AG 1029 SHADY OAKS DR 1.41 NR 13. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.91 NR 14. HMO ASSOC OF SHADY OAKS INC SF20A 600 SHERWOOD DR 0.35 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twelve (12) Responses Received: None (0) Case No. Attachment E ZA18-0029 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-751 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 8A06, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.741 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM "AG" AGRICULTURAL 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 "AG" Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA18-0029 Page 2 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 unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA18-0029 Page 3 at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, being approximately 0.741 acres, and more fully and completely described in Exhibit “A” from "AG" Agricultural District to “SF- 20A” 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: Case No. Attachment E ZA18-0029 Page 4 1. List any conditions SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Case No. Attachment E ZA18-0029 Page 5 Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance 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, Case No. Attachment E ZA18-0029 Page 6 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 18 th day of September, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the _____ day of _______, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-0029 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0029 Page 8 EXHIBIT “A” Being described as Tract 8A06, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas being approximately 0.741 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0029 Page 9 EXHIBIT “B” Reserved for approved Concept Plan