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Item 7C13 CITY OF S0UTHLA1<,.,.,E Department of Planning & Development Services STAFF REPORT November 27, 2018 CASE NO: ZA18-0047 PROJECT: Zoning Change and Development Plan for 1000 S. Peytonville Ave. EXECUTIVE SUMMARY: On behalf of Brent and Dana Jones, Paragon Design Group is requesting 1st Reading approval of a Zoning Change and Development Plan on property described as Tract 9 (also referred to as Lot 9A), Airpark Estates, an addition in the City of Southlake, Tarrant County, Texas, and located at 1000 S. Peytonville Ave., Southlake, Texas. Current Zoning: "SF -1 A" Single Family Residential District. Proposed Zoning: "R -PUD" Residential Planned Unit Development District. SPIN Neighborhood #10. DETAILS: This project is located on the west side of S. Peytonville Ave. approximately 800 feet north of W. Continental Blvd. The property is bounded to the west and south and by the Southlake Woods Addition subdivision and to the north by an approximately 4.04 acre single family residential property. The purpose of the request is to seek 1s' Reading approval of a Zoning Change and Development Plan from "SF -1 A" Single Family Residential District to "R -PUD" Residential Planned Unit Development District to allow the construction of a domestic employee or family quarters in a separate accessory building located forward of the principal residence on an existing approximately 4.91 acre lot. An existing accessory building that is forward of the principal residence was approved by the Zoning Board of Adjustment on April 29, 1999 with the approval a Special Exception Use for accessory buildings of a size or aggregate size greater than that permitted. The existing accessory building is proposed to be removed to allow construction of a new approximately 4,900 square foot accessory building feet in approximately the same location. A domestic employee or family quarters is a permitted use in the "SF -1 A" zoning district with approval of a Special Exception Use (SEU) by the Zoning Board of Adjustment (ZBA). The applicant is seeking approval of a Zoning Change and Development Plan to allow the domestic employee or family quarters as a permitted use in this case because the proposed use does not meet two of the requirements for ZBA approval of an SEU for such quarters that are listed in Zoning Ordnance No. 480, Section 44.12(1), as amended. The first SEU requirement not being met is that the gross inhabitable area for domestic employee or family quarters shall not exceed 2,000 square feet and the applicant is proposing approximately 3,200 square feet of gross inhabitable space in the approximately 4,900 square foot accessory building. The second SEU requirement not being met is that if the quarters exists in a separate accessory building, such quarters must be located at least thirty (30) feet behind the principal dwelling or not be visible from Case No. ZA18-0047 the street. The proposed accessory building is located forward of the principal dwelling, which does not meet the SEU requirement in Section 44.12(1) and which would also require approval of a Variance to Ord. No. 480, Section 34.2(f), as amended, requiring that no accessory building shall be located forward of the principal building on the lot. An open space easement is proposed at the rear of the property to meet the requirement for 10% open space in an "R -PUD" zoning district. The R -PUD uses and regulations will follow the "SF -1 A" Single Family Residential District uses and regulations with the following exceptions: Regulation "SF -1 A" District R -PUD Regulation Domestic Employee or Permitted up to 2,000 square feet with ZBA approval of a Permitted use up to 3,200 square Family Quarters Special Exception Use feet of inhabitable floor area Maximum area for the sum 3% or 4,000 square feet 3% (± 6,418 square feet) total of accessory buildings windows will be removed. (Response form from Maximum height for 20' 38' maximum overall height accessory buildings over (measured to the average (measured to ridge) 500 square feet height of the highest gable) street. Location of accessory No accessory building shall Accessory building permitted to be buildings be located forward of the constructed forward of the principal (Section 34.2.f) principal building on the lot. residence. Accessory buildings over 500 Regardless of exterior material Design standards for square feet using masonry selection, intent will be a gambrel "barn" accessory buildings using shall match the masonry gable/mansard roof with material and roof design, type standing seam metal roof. The masonry. and materials of the principal exterior style does not have to structure roof. match the principal residence. The Planning and Zoning Commission recommended approval of the item at their November 8, 2018 meeting subject to the following conditions: P&Z Commission Conditions Applicant's Response The applicant is continuing to reach out to the Remove the windows on the second floor neighbor to the north to obtain an agreement to allow facing the north side if those are going to windows on the second floor facing the north side as allow a sight line into the neighbor's property, long as there is no sight line into the neighbor's property. If an agreement cannot be reached, those windows will be removed. (Response form from neighbor is on Attachment D, page 4 of this report. Add additional trees to screen the street view The Development Plan has been revised to show two of the accessory building, additional trees and additional landscaping to be planted between the accessory building and the street. The building will be occupied by family or domestic employees only. The applicant has agreed to this stipulation. Case No. ZA18-0047 ACTION NEEDED: Consider 1 st Reading Approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 2, dated November 2, 2018 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-754 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative and Regulations Link to Plans Link to SPIN Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA18-0047 BACKGROUND INFORMATION OWNER: Brent and Dana Jones APPLICANT: Paragon Design Group PROPERTY SITUATION: 1000 S. Peytonville Ave., generally located on the west side of S. Peytonville Ave. approximately 800 feet north of W. Continental Blvd. LEGAL DESCRIPTION: Tract 9 (also referred to as Lot 9A), Airpark Estates LAND USE CATEGORY: Low Density Residential and 100 -Year Floodplain CURRENT ZONING: "SF -1 A" Single Family Residential District PROPOSED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: - A plat for Airpark Estates was filed October 31, 1978. - A previous home on the property and a portion of the existing accessory building were constructed at an unknown time prior to annexation into the City. - The property was annexed into the City in 1987. - The "SF -1 A" Single Family Residential District zoning designation was approved with the adoption of Zoning Ordinance No. 480 and the official Zoning Map on September 19, 1989. - A Special Exception Use to allow a 1,000 square foot family quarters in a 1,018 square foot accessory building was approved bythe Zoning Board of Adjustment on December 16, 1993. The family quarters was constructed in 1994 (Source: Building Permit). - A Special Exception Use to allow an approximately 2,588.5 square foot barn (Buildings B, C and D on the proposed Development Plan) in addition to the 1,000 square feet of area allowed for accessory buildings in the "SF - 1 A" district at the time and the 1,000 square feet previously approved for the family quarters was approved by the Zoning Board of Adjustment on April 29, 1999. The location of the barn forward of the principal residence was approved with the Special Exception Use. - The previously existing home and separate family quarters on the property were demolished in 2007 (Source: Demo Permit). The barn remains on the property. - A new single family residence and an approximately 338 square foot cabana were constructed on the property in 2007 (Source: Building Permits). SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is "Low Density Residential" and "100 -Year Floodplain". 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 Case No. Attachment A ZA18-0047 Page 1 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. 100 Year Floodplain: The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100 -year floodplain. The "floodplain" is an expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is "floodway" that must be kept free of encroachment in order that the 100 -year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows an existing <8' sidewalk along the west side of S. Peytonville Ave. A 5' sidewalk exists in that area and is shown on the plan. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site has one driveway directly onto S. Peytonville Avenue, a 2 -lane undivided collector with 70 feet of right of way. The proposed domestic employee and family quarters will be accessed by the existing driveway. TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-D because it is being rezoned. There is approximately 41.33% existing tree cover on the site, of which, approximately 3% is proposed to be preserved. If this was a request for a zoning change to a standard zoning district, a minimum of 50% of the existing tree would cover be required to be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S -P-1 Site Plan, S -P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: Case No. Attachment A ZA18-0047 Page 2 i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: An 8" water line exists in S. Peytonville Ave. to serve the property. An 8" sanitary sewer line extends to the southern property line to serve the property. DRAINAGE: Drainage on the property is generally sheet flow from east to west across the property to a creek that runs through the rear of the property. CITIZEN INPUT: A SPIN meeting was held for this project on October 23, 2018. Link to SPIN Meeting Report PLANNING AND ZONING COMMISSION ACTION: November 6, 2018; Approved (4-0) referencing the staff report dated November 2, 2018 and Development Plan Review Summary No. 2, dated November 2, 2018, • noting the applicant's willingness to remove the windows on the second floor facing the north side if those are going to allow a sight line into the neighbor's property, • noting the applicant's willingness to add additional trees to screen the street view of the accessory building, • and the building will be occupied by family or domestic employees only. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated November 2, 2018. The requirements for Special Exception Use Permit for domestic employee or family quarters in Zoning Ord. 480, Section 44.12(1) are below for reference: a) Domestic employee or family quarters are permitted in districts zoned AG, RE, RCS, SF1-A, SF1-B, SF -2, SF -30, and approved single-family residential uses in the DT zone. b) Domestic employee or family quarters are only for residents employed on the premises or family members of the owner of the premises and shall not be rented or otherwise used as a separate Case No. Attachment A ZA18-0047 Page 3 domicile. c) The gross inhabitable square footage of the floor area shall not exceed two thousand (2,000) square feet, except in districts zoned SF -30, the gross inhabitable floor area shall not exceed one thousand (1,000) square feet. d) Quarters may be housed within the principal residential dwelling, above a residential garage, or be part of an accessory building on the same premises. e) Quarters shall comply with minimum standards for light, health, safety and occupancy in conformance with other applicable City Codes and Ordinances. f) If the quarters exist as a separate accessory building to the principal dwelling unit, such quarters must be located at a distance of at least (30) feet behind the principal dwelling, or not be visible from the street and quarters must share a common street access with the principal dwelling. g) All utilities must be on the same meter as the principal dwelling. h) A separate septic system from the principal dwelling is required if the quarters are housed other than in the principal dwelling. Case No. Attachment A ZA18-0047 Page 4 Case No. Attachment B ZA18-0047 Page 1 Case No.: ZA18-0047 Proiect Name: Devel DEVELOPMENT PLAN REVIEW SUMMARY nt Plan — 1000 S APPLICANT: Robert Leeper Paragon Design Group 630 E. Southlake Blvd. #114 Southlake, TX 76092 Phone: (817) 946-5933 E-mail: robert.paragon92@verizon.net Review No.: Two nville Ave. Date of Review: 11/02/18 OWNER: Brent and Dana Jones 1000 S. Peytonville Ave. Southlake, TX 76092 Phone: (925) 352-9960 E-mail: brent@314investments.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/22/18 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 RICHARD SCHELL AT (817) 748-8602. Please confirm that the utilities for the domestic employee or family quarters will be on the same meter as the principal dwelling. The Family/Domestic Employee Quarters is for residents employed on the premises or family members of the owner and shall not be rented out or otherwise used as a separate domicile. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: There is approximately 41.33% existing tree cover on the site, of which, approximately 3% is proposed to be preserved. If this was a request for a zoning change to a standard zoning district, a minimum of 50% of the existing tree would cover be required to be preserved. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S -P-1 Site Plan, S -P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; Case No. Attachment C ZA18-0047 Page 1 ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments A SPIN meeting was held on October 23, 2018. 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 fully corrected Development 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 C ZA18-0047 Page 2 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. MATHESON, TREVOR C SF20A 902 SHADYWOOD 0.63 NR 2. 4. TARVIN, TOM EU EMA, DONALD T STONE, VERNON L SF20A SF20A 906 SHADYWOOD 8 SHADYWOODIff-0-SME 910 SHADYWOOD 0.53 0.58 NR NR 5. WRIGHT, CHRISTINE P SF20A 1000 SHADYWOOD CT 0.55 NR 6. RIETBROEK, ROBBERT SF20A 1807 GREENLEA COVE 0.52 NR 7. WHOLEY, JOHN F SF1-A 710 DEER HOLLOW BLVD 1.01 NR 8. RAFIQUE, ADNAN SF1-A 700 DEER HOLLOW BLVD 1.09 NR 9. FORMELLA, GREGG SF20A 705 DEER HOLLOW BLVD 0.69 NR 10. VELASCO, FERDINAND SF20A 822 LONGHORN HOLLOW 0.42 NR 11. LOGAN, BRADLEY SF20A 810 LONGHORN HOLLOW 0.44 NR 12. PENN, MICHAEL SF20A 802 LONGHORN HOLLOW 0.57 NR Case No. Attachment D ZA18-0047 Page 1 13. CURRENT OWNER SF1-A 1811 LONGHORN HOLLOW 0.99 NR 14. KHAN, AMIR M SF1-A 1821 LONGHORN HOLLOW 0.99 NR 15. COLEMAN, KIRK SF20A 832 LONGHORN HOLLOW 0.45 NR 16. GREEN, MARVIN SF20A 842 LONGHORN HOLLOW 0.58 NR 17. SOUTHLAKE WOODS HOMEOWNERS SF20A 715 DEER HOLLOW BLVD 3.66 NR 18. CALI LIVING TRUST SF1-A 831 LONGHORN HOLLOW 1.00 NR 19. ICONNELLY, KEVIN M , KEITH KAT_ ISF20A - 11803 GREENLEA COVE AVE 0.67 NR 22. JONES 1990 LIVING TRUST SF1-A 1000 S PEYTONVILLE AVE 4.72 NR 23. LI, NING SF20A 935 DEER HOLLOW BLVD 0.98 NR 24. NYHOFF, DOUGLAS G SF1-A 670 S PEYTONVILLE AVE 2.56 NR 25. KUHN, JAMES SF1-A 1710 ELKS LN 1.30 NR 26. GASKILL, BART H SF1-A 1700 ELKS LN 1.24 NR 27. FIELDS, STEVEN L SF1-A 801 LONGHORN HOLLOW 1.23 NR 28. VENKATARAMAN, RAVI SF20A 945 DEER HOLLOW BLVD 0.82 NR 29. ERMISH, PETER R SF1-A 1730 WEEPING WILLOW WAY 0.99 NR EL CARL & ERIN LI F]Mb__I1740 WEEPING WILLOW W 31. CLEM, DAVID J SF1-A 1710 WEEPING WILLOW WAY 1.00 NR 32. PEEL, GREGORY S SF1-A 1720 WEEPING WILLOW WAY 1.03 NR 33. SCHOOLFIELD, MICHAEL SF1-A 1700 WEEPING WILLOW WAY 1.04 NR 34. MIGLIACCIO, K J SF20A 1005 DEER HOLLOW BLVD 0.87 NR 35. MCKELVEY, THOMAS R SF1-A 690 S PEYTONVILLE AVE 3.37 NR Responses: F: In Favor O: Opposed U: Undecided Notices Sent: Thirty-five (35) Responses Received within 200': Four (4) - Attached NR: No Response Case No. Attachment D ZA18-0047 Page 2 Notification Response Forma ZA18-0447 Meeting Date: November 8, 2418 at 6:30 PM REUKEMA, DONALD T 908 SHADYWOOD ST SOUTHLAKE TX 76092-8365 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby 4!:fEa:vo:..rof:> opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: Date: k`A ( Additional Signature: Date: Printed Name(s): _ Must be property owners) whose are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): " t+•.•�t�'.S"�13�_. Case No. Attachment D ZA18-0047 Page 3 Notification Response Form ZA18-0047 Meeting Date: November 8, 2018 at 6:30 PM HALBERT, RAYMOND KEITH 920 S PEYTONVILLE AVE SOUTHLAKE TX 76092-8361 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Man St, Ste 310 Southlake, TX 76092 Phone: (817)748-8621 Fax: (817)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby EE�-D opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: rq t.�, `, (. r, a i� c► vca cc.�©�, cc rS Seca -�C> o r` o� ko-c ILj- Ln.a Le-.ck :s . 1 Q- 0 r v �� orfs�c�v.:S CL 4y— [:0^ ase- +�,� • s � r e�G. �e.+� ua�'� i�,ru�,-}-- � ►.4e tM, , a y� ttt In char oma--G`e cl- Signat Additional Signatu Printed Name(s), Must be property awriur(s) whose nam (s) are printed at top. Otherwise contact the Prone Number (optional): Dater c� Date: it - Z --1? L-�� n � ring Department. One form per property, Case No. Attachment D ZA18-0047 Page 4 Notification Response Form ZA18-0047 Meeting Date: November 8, 2018 at 6:30 PM PIEL CARL & ERIN LIVING TRUST 1740 WEEPING WILLOW WAY SOUTHLAKE TX 76092-8383 Direct questions and mall responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748-8621 Fax: (817)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby favor opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position; Ile `P:�' Additional Signature '�A ) Date: " IS P�C Printed Names): C -A & , VLx,,f Must be property owner(s) whose name(s) are printed at top. Phone Number (optional): Case No. ZA18-0047 contact the Planning Department. One form per property. Attachment D Page 5 Notification Response Form ZAt8-0047 Meeting Data: November 8; 2018 a4 6:30 PM RISMiLLER, KATHRYN 926 DEER f f OLL dW BLVD SOUTHL:AKE TX 76092-8344 PLEASE PROVIDE'COMPLETED FORMS VIA MAIL, FAX OWHAND DELIVERY BEFORE THE START OF THE`SCHEDULEID PUBLIC HEARING..-' Being the a wrner s of the raorf so �d °a Eve ate` .. r� tavor d opposed to undecided a t .� (pircle 4r-unde e.one) the proposed Zoning Change"end De461'6'Mant Plan ref.erOr oed. above.:. Space for comments regarding .your p►: sMon. t Additional Signature: Printed Name(s): Mast be properly owners) whma nem®(s) are printed at top_ Merwise aarM[t.i m Pfenrti V DEq Phare Nurnber (optional), �"sI-y f LQJ,- Case No. ZA18-0047 Date: i Date: Chi f— p- propedY• Attachment D Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-754 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 9 (ALSO REFERRED TO AS LOT 9A), AIRPARK ESTATES, AN ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.9114 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code, and, WHEREAS, pursuant to Chapter 211 of the Local 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 Case No. Attachment E ZA18-0047 Page 1 Family Residential District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, 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 Case No. Attachment E ZA18-0047 Page 2 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: Being described as Tract 9 (also referred to as Lot 9A), Airpark Estates, an addition in the City of Southlake, Tarrant County, Texas being approximately 4.9114 acres, and more fully and completely described in Exhibit "A" from "SF -1 A" Single Family Residential District to "R -PUD" Residential Planned Unit Case No. Attachment E ZA18-0047 Page 3 Development District as depicted on the approved Site Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: 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. Case No. Attachment E ZA18-0047 Page 4 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 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 E ZA18-0047 Page 5 ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1St reading the day of , 2018. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2019. MAYOR ATTEST: CITY SECRETARY Case No. Attachment E ZA18-0047 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE- ADOPTED- EFFECTIVE- Case ATE:ADOPTED:EFFECTIVE: Case No. Attachment E ZA18-0047 Page 7 EXHIBIT "A" Being described as Tract 9 (also referred to as Lot 9A), Airpark Estates, an addition in the City of Southlake, Tarrant County, Texas, according to the plat recorded in Vol. 388-123, p. 99, Plat Records, Tarrant County, Texas, being approximately 4.9114 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0047 Page 8 EXHIBIT "B" Reserved for approved Site Plan Case No. Attachment E ZA18-0047 Page 9