Loading...
Item 6CCase No. ZA18-0032 S T A F F R E P O R T January 8, 2019 CASE NO: ZA18-0032 PROJECT: Zoning Change and Development Plan for Oxford Place EXECUTIVE SUMMARY: Sage Group, Inc. is requesting 2nd Reading approval of a Zoning Change and Concept Plan for Oxford Place on property described as Tract 1B, Thomas Mahan Survey, Abstract No. 1049, Southlake, Tarrant County, Texas, and located at 1749 E. Highland St., Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #4. DETAILS: This project is located on the south side of E. Highland St. to the west of Carroll Middle School and approximately 1,950 feet east of the intersection of E. Highland St. and E. Kirkwood Blvd. The existing home and structures on the property are proposed to be removed. At the November 6, 2018 City Council meeting, the applicant presented a request for 1st Reading approval of a Zoning Change and Development Plan to develop 13 single family residential lots with a private gated street on approximately 12.64 acres. After receiving feedback from the City Council to provide minimum one acre lots with no private gated street and no wall along E. Highland St., the item was tabled (6-1) to the December 4, 2018 meeting. The following revisions were made to the plans prior to the December 4, 2018 City Council meeting.  The plans were revised to show 11 minimum one acre residential lots that comply with the “SF-1A” Single Family Residential zoning district.  A public street was proposed, so the entry gates and private street designation were removed.  The masonry wall along E. Highland St. was shortened to a 26’ wall with a sign face on each side of the entry street with a 6’ iron fence with masonry columns on the remainder of the E. Highland frontage.  The open space lots were removed and a 15’ Landscape Easement was shown along the northern portion of the northernmost two lots.  The 8’ board on board wood fence with ma sonry columns that was previously shown along the southern boundary was revised to a board on board wood fence with no masonry columns and the board on board wood Department of Planning & Development Services Case No. ZA18-0032 extended along the entire eastern boundary. The City Council approved the item at 1 st reading on December 4, 2018, with stipulations that the applicant explore and present alternative green space options, specifically related to the green space opportunities within the islands and revisit the issue of the stone columns with forty (40) foot center s on the southern boundary. The following revisions have been made to the plans since the December 4, 2018 City Council meeting:  Option ‘A’ shows the same eleven (11) one acre lots that were presented at the December4, 2018 meeting with the only change t o the plans being the revision of the fence on the southern boundary to show an eight (8) foot board on board wood fence with masonry columns spaced at forty (40) feet on center.  Option ‘B’ shows twelve (12) residential lots ranging in area from 38,410 square feet to 38,712 square feet. Three (3) open space lots totaling approximately 0.44 acre have been added at the entrance, within the cul- de-sac area, and to the south of the cul-de-sac. An eight (8) foot board on board wood fence with masonry columns spaced at forty (40) feet on center is shown along the southern boundary except adjacent to the open space lot where a six (6) foot iron fence with masonry columns is shown. Option ‘B’ does not meet the net density requirement in the Low Density Residential category, which requires a net density of one or fewer dwelling units per acre. A finding or justification to allow the density as shown on the plans in the Low Density Residential portion of the property is required by City Council for approval of Option ‘B’. Site Data Summary 11/6/2018 Option ‘A’ (12/04/18 & 01/15/19) Option ‘B’ (01/15/19) Existing Zoning “AG” “AG” “AG” Proposed Zoning “R-PUD” “R-PUD” “R-PUD” Land Use Designation Mixed Use and Low Density Residential Mixed Use and Low Density Residential Mixed Use and Low Density Residential Gross Acreage 12.64 ac. 12.64 ac. 12.64 ac. Net Acreage 10.99 ac. 11.20 ac. 11.06 ac. Residential Lots 13 11 12 Gross Density 1.03 du/ac. 0.87 du/ac. 0.95 du/ac. Net Density 1.18 du/ac. 0.98 du/ac. 1.09 du/ac. Open Space % 10.4% 0.0% 3.66% Lot Area Range 30,000 s.f. to 39,785 s.f. 43,565 s.f. to 48,022 s.f. 38,410 s.f. to 38,712 s.f. Average Lot Area 32,595 s.f. 44,349 s.f. 38,543 s.f. “R-PUD” zoning district regulations for Options ‘A’ and ‘B’ have been provided. There have been no changes to the regulations for ‘Option ‘A’ s ince the meeting on December 4, 2018. The Option ‘B’ regulations designate the base zoning district as Case No. ZA18-0032 “SF-20A” Single Family Residential District with the following modifications to the minimum lot area and minimum floor area. Regulation SF-20A R-PUD Regulation 11/6/2018 R-PUD Regulation Option ‘B’ 01/15/2019 SF-1A R-PUD Regulation 12/04/18 & Option ‘A’ 01/15/2019 Lot Area 20,000 sq. ft. 30,000 sq. ft. 38,400 sq. ft. 43,560 sq. ft. 43,560 sq. ft. Lot Width 100’ 110’ 100’ 100’ 100’ Lot Coverage 30% 35% 30% 20% 20% Minimum Floor Area 1,800 sq. ft. 4,000 sq. ft. 4,000 sq. ft. 2,000 sq. ft. 4,000 sq. ft. Maximum Accessory Structure Area 600 sq. ft. 750 sq. ft. 600 sq. ft. 3% of lot area or 4,000 sq. ft. 3% of lot area or 4,000 sq. ft. VARIANCE REQUESTED: Zoning Ordinance No. 480, Section 30.11 requires common open space to comprise not less than 10% of the gross site area within a Residential Planned Unit Development District. The applicant is proposing to provide 0% open space on Option ‘A’ and 3.66% open space on Option ‘B’. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd Reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 5, dated January 7, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-753 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to “R-PUD” Regulations Link to Construction Material Design Stan dards Link to Plans Link to Corridor Planning Committee Report Link to SPIN meeting Report Link to Comprehensive Plan Analysis STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8062 Case No. Attachment A ZA18-0032 Page 1 BACKGROUND INFORMATION OWNER: Linda Behrends c/o Travis Franks APPLICANT: Sage Group, Inc. PROPERTY SITUATION: 1749 E. Highland St., located on the south side of E. Highland St. to the west of Carroll Middle School and approximately 1,950 feet east of the intersection of E. Highland St. and E. Kirkwood Blvd. LEGAL DESCRIPTION: Tract 1B, Thomas Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Mixed Use and Low Density Residential CURRENT ZONING: “AG” – Agricultural District PROPOSED ZONING: “R-PUD” – Residential Planned Unit Development District HISTORY: - The property was annexed into the City in 1956 . The “AG” Agricultural District zoning designation was approved with the adoption of the Zoning Ordinance No. 480 and the official zoning map on September 19, 1989. SOUTHLAKE 2030/2035 COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has bee n prepared for this development. Link to Comprehensive Plan Analysis TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site proposes one cul-de-sac street with access directly onto E. Highland St., which is a two-lane undivided collector street with 70 feet of right of way. Adequate right of way is shown to be dedicated on the plans. The proposed development is located on the south side of E. Highland St. between N. Kimball Ave. and Kirkwood Blvd. E Highland Street (31) (between N Carroll Avenue and N Kimball Avenue) 24hr Eastbound (563) Westbound (567) AM Peak AM (65) 7:30 AM –8:30 AM Peak AM (97) 7:15 AM– 8:15 AM PM Peak PM (66) 3:00 PM – 4:00 PM Peak PM (57) 2:15 PM – 3:15 PM * Based on the 2017 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Use Dwelling Units Vpd AM- IN AM- OUT PM- IN PM- OUT Single Family Detached Housing (210) Option ‘A’ 11 105 2 6 7 4 Single Family Detached Housing (210) Option ‘B’ 12 115 2 7 8 4 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE Trip Generation Handbook, 7th Edition Case No. Attachment A ZA18-0032 Page 2 TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D because it is being rezoned. There is approximately 7.24% existing tree cover on the site. If the request was for a standard zoning district, a minimum 70% of existing tree cover would be required to be preserved. Option ‘A’ shows approximately 72.41% of existing canopy to be preserved and Option ‘B’ shows approximately 74.83% of existing canopy 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; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. UTILITIES: The subject tract has access to six (6) inch waterline along E. Highland Street, and an eight (8) inch waterline along the southern boundary. This site is currently serviced by an existing eight (8) inch sanitary sewer main along E. Highland Street. The development must extend a sanitary sewer stub to the west boundary of the tract. DRAINAGE: Most the drainage is generally to the east of the tract, from which the site will drain into existing ‘Y” inlets on the school property. Some of the drainage is draining to the southeast side of the tract. Carroll ISD to the east has generally taken into account the subject tract’s drainage. The developer will be required to provide additional information with the construction documents to ensure that the proposed designed development is meeting Carroll ISD’s drainage assumptions and City of Southlake’s Ordinances. Case No. Attachment A ZA18-0032 Page 3 CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting for this project was held on August 28, 2018. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on September 12, 2018. Link to Corridor Planning Committee Report PLANNING AND ZONING COMMISSION ACTION: October 4, 2018; Approved (4-1) referencing the staff report dated October 4, 2018 and Revised Development Plan Review Summary No. 2, dated October 4, 2018, Noting the applicant’s willingness to verify the drainage to be adequate to support the development with (Carroll) ISD, On the landscaping, noting the applicant’s willingness to provide the number of trees per lot that will be added and in the open space areas, and to specify a minimum 4” caliper size, two trees in the front and two in the back, and the tree types to be provided, such as oaks, etc., Noting the applicant’s willingness to provide pedestrian access to the internal sidewalks through a gate that is to be unlocked and accessible at all times and on the southern sidewalk through the school, to verify the location of the crosswalk with the ISD and the location of a gate from the southern property onto the school property, Regarding the southern boundary fence that is shown as a board on board wood fence, the applicant has discussed coming up with a landscape plan for that or to come up with a fence design with masonry columns or a solid masonry fence for that area on the southern boundary; The applicant also expressed a willingness to develop design standards for the construction of the exterior materials, roofing materials, etc. The eastern fence is to be replaced with a new wood con struction (board on board fence) and the HOA would maintain that afterwards, Provide more detail on the landscape materials, particularly in the front. Chairman Kubiak dissented due to the proposed development being a gated community and having a wall along E. Highland St. CITY COUNCIL ACTION: November 6, 2018; A motion to table the item to the December 4, 2018 meeting was approved (6-1). December 4, 2018; Approved at 1st Reading (7-0) subject to the staff report dated November 27, 2018 and Development Plan Review Summary No. 4, dated November 26, 2018;  Granting the following variance as it relates to Zoning Ordinance No. 480, Section 30.11, which requires common open space to Case No. Attachment A ZA18-0032 Page 4 comprise not less than 10% of the gross site area within a Residential Planned Unit Development District and approving 0% open space;  Noting the applicant’s willingness to, between 1st and 2nd reading, to explore and present alternative green space options that were discussed and suggested tonight, specifically related to the gre en space opportunities within the islands and the roadways and;  Also noting the applicant’s willingness to revisit the issue of stone columns with forty (40) foot centers on the southern boundary. STAFF COMMENTS: Attached is Development Plan Review Summary No. 5, dated January 7, 2019. Case No. Attachment B ZA18-0032 Page 1 Case No. Attachment C ZA18-0032 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA18-0032 Review No.: Five Date of Review: 01/07/19 Project Name: Concept Plan – Oxford Place APPLICANT: Curtis Young OWNER: Linda Behrends c/o Travis Franks Sage Group, Inc. 1130 N. Carroll Ave., Suite 200 1749 E. Highland St. Southlake, TX 76092 Southlake, TX 76092 Phone: (817) 424-2626 Phone: (940) 300-8820 E-mail: cyoung@sage-dfw.com E-mail: travis.franks@willowtree.us CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/07/19 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 O R NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602. 1. Please add the net area (gross area less right of way dedication) and net density in the Site Data Summary Chart. The net area is 11.20 ac. and the net density is 0.98 du/ac. 2. Please show the northern lot boundaries for Lots 1 and 11 on the fence plan. The entry wall and fence will be located on the residential lots in a 15’ landscape easement. 3. Please add the on center spacing distance for columns on the iron fence along E. Highland St. on the fence plan or show symbols for the columns on the plan. * A Preliminary Plat that conforms to the R-PUD district zoning must be processed and approved and then a Final Plat processed, approved and recorded prior to the conveyance of an y lots or the issuance of any building permits. The Final Plat must be approved by the Planning and Zoning Commission prior to the execution of a developer’s agreement and commencement of any site work. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. A Tree Conservation Plan conforming to the approved Tree Conservation Analysis will be required with the submittal of the Final Plat and any su bmitted construction plans. 2. Show all proposed easement and utilities on the Tree Conservation Analysis. * The proposed existing tree cover preservation on both Option A, and Option B plans complies with the existing tree cover preservation requirements of the Tree Preservation Ordinance. There is 7.24% of existing tree cover on the property and a minimum of 70% of that existing tree cover is Case No. Attachment C ZA18-0032 Page 2 required to be preserved. The applicant is proposing to preserve 72.41% on Option A, and 74.83% on Option B. * 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. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potentia l to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man -made drainage creek; v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the Case No. Attachment C ZA18-0032 Page 3 approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: * The applicant is proposing that a minimum of at least four (4) shade trees be planted on each lot at the time a house is built. The proposed trees a re required to be a selection of Live Oak, Red Oak, Cedar Elm, and/or Chinese Pistache. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Stephanie Taylor Transportation Manager Phone: (817) 748-8216 E-mail: staylor@ci.southlake.tx.us DEVELOPMENT/PEDESTRIAN ACCESS PLAN: 1. Show location of proposed stop sign at the intersection of the development exit and E Highland St. 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 walls shall not obscure intersection sight distance at the drive way. 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. 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. * Sidewalks shall be required to be constructed with each dwelling. * Street intersections shall comply with TDLR/ADA accessibility standards. * Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. * Sidewalk widths shall conform to the Southlake Pathways Plan. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: Case No. Attachment C ZA18-0032 Page 4 http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: WATER COMMENTS: * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A 1” inch meter must have a 1” tap, etc. * Water service lines will need to have a minimum 10’ separation with Sanitary Sewer service lines and manholes. * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. SANITARY SEWER COMMENTS: * Minimum size for sanitary sewer is 8”. Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. * Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Please elaborate on why the existing drainage sub basin has been modified from the pr evious submitted plans. 2. Consider adding cross lot drainage between lots that have runoff draining to a neighboring lot. 3. Civil documents will need to provide drainage calculation showing that development does not cause adverse impacts for not providing detention. * Discharge of post development runoff must have no adverse impact on upstream and downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construct ion Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located o n 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 Constructio n Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction p lans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. Case No. Attachment C ZA18-0032 Page 5 * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stab ilization. * 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 No comments. General Informational Comments * A SPIN meeting for this project was held on August 28, 2018. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. * The applicant should be aware that prior to the conveyance of lots or the issuance of a bu ilding permits, a Plat must be processed and filed in the County Plat Records 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 Pe rmit Fees. Case No. Attachment C ZA18-0032 Page 6 * 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. Case No. Attachment D ZA18-0032 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1. BOGGARAM, B SF1-A 1205 COSTA AZUL CT 1.00 NR 2. WOMACK, JUSTEN SF1-A 1201 COSTA AZUL CT 1.03 NR 3. CARROLL, ISD SP1 1800 E KIRKWOOD BLVD 24.43 NR 4. ANDRE, DON F SF1-A 1780 E HIGHLAND ST 0.98 NR 5. CAMERON, SCOTT EUGENE SF1-A 1776 E HIGHLAND ST 0.80 F 6. OBAID, SACHA SF1-A 1251 SUNSHINE LN 3.04 NR 7. CHU, EDWARD SF1-A 1204 ANDRE CT 1.02 NR 8. BEHRENDS, LINDA AG 1749 E HIGHLAND ST 12.50 NR 9. GATEWAY CHURCH NRPUD 1501 E HIGHLAND ST 22.05 NR 10. GATEWAY CHURCH NRPUD 700 BLESSED WAY 82.01 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Nine (9) Responses Received within 200’: One (1) Responses Received outside 200’: Six (6) - Attached Case No. Attachment D ZA18-0032 Page 2 Responses Received Within 200’ Case No. Attachment D ZA18-0032 Page 3 Responses Received Outside 200’ Case No. Attachment D ZA18-0032 Page 4 Case No. Attachment D ZA18-0032 Page 5 Case No. Attachment D ZA18-0032 Page 6 Case No. Attachment D ZA18-0032 Page 7 Case No. Attachment D ZA18-0032 Page 8 Case No. Attachment E ZA18-0032 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-753 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 1B, THOMAS MAHAN SURVEY, ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 12.64 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL 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, reside ntial 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 zon ed as “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA18-0032 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 pedes trians 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 neighborhoo d; 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 c ontrol 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 ZA18-0032 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 la rge, 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 1B, Thomas Mahan Survey, Abstract No. 1049, Southlake, Tarrant County, Texas, being approximately 12.64 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “R- PUD” Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment E ZA18-0032 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. Case No. Attachment E ZA18-0032 Page 5 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 ordina nces 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 th is 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 ZA18-0032 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 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 _____, 2019. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2019. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA18-0032 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA18-0032 Page 8 EXHIBIT “A” Being described as Tract 1B, Thomas Mahan Survey, Abstract No. 1049, Southlake, Tarrant County, Texas, being approximately 12.64 acres and being more particularly described as follows: Metes and Bounds Description Reserved for metes and bounds description Case No. Attachment E ZA18-0032 Page 9 EXHIBIT “B” Reserved for approved Site Plan