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Item 7ACase No. ZA19-0005 S T A F F R E P O R T March 26, 2019 CASE NO: ZA19-0005 PROJECT: Zoning Change and Concept Plan for Hawkwood EXECUTIVE SUMMARY: Hat Creek Development is requesting 1st reading approval of a Zoning Change and Concept Plan for Hawkwood on property described as Lots 1R and 2R, Block 1, Baker Estates Addition Southlake, Tarrant County, Texas, and located at 610 and 620 S. Peytonville Avenue, Southlake, Texas. The current zoning is “SF-1A” Single Family Residential District and “RE-5” Residential Estate District. The requested zoning is “SF-20A” Single Family Residential District. SPIN Neighborhood #10. DETAILS: The subject property is located on the west side of S. Peytonville Avenue approximately 525 feet south of the intersection of S. Peytonville Avenue and W. Southlake Blvd. On October 2, 2018, City Council denied a previous Zoning Change and Concept Plan application to develop this property as a 14-lot residential gated subdivision. The applicant has removed the private street/gate component and reduced the number of lots from 14 to 11. Please see attached narrative describing the proposed changes, as well as the proposed open space maintenance plan. The applicant is requesting approval of a Zoning Change and Concept Plan from “SF-1A” Single Family Residential District and “RE-5” Residential Estate District to “SF-20A” Single Family Residential District to allow construction of an 11 lot residential subdivision on 9.8 acres. The lot sizes range from 32,033 sq. ft. to 38,255 sq. ft. with an average lot size of 34,505 sq. ft. The gross density proposed is 1.12 du/acre. The development will include a drainage easement for the existing creek and relocation of the existing pond to the west in order to be located along the drainage easement and provide retention capacity. A copy of the drainage plan is provided in the packet and staff will present the proposed drainage plan as part of the presentation. The proposed concept plan indicates a 6 foot masonry wall along S. Peytonville at the subdivision entry and 6 foot ornamental fence to be replaced or repaired along the north, south and western boundaries. The proposed plan also indicates a 5 foot sidewalk will be constructed along the east property line along Peytonville. The written opposition from property owners within the 200 ft. notification boundary is at 82.85% at the time of this report (March 26, 2019). If opposition by the property owners within the area of the 200 ft. notification boundary remains at 20% or greater, a super majority vote (6 of 7 members) of the City Council will required for final approval of this request. Case No. ZA19-0005 Site Data Summary Existing Zoning “SF-1A” and “RE-5” Proposed Zoning “SF-20A” Land Use Designation Medium Density Residential Gross Acreage 9.8 acres Dwelling Units/Residential Lots 11 Density 1.12 du/acre ACTION NEEDED: Consider Approval of 1st reading for a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated February 15, 2019 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-758 Full Size Plans (for Commission and Council members only) • Presentation • Narrative • Plans • SPIN Report • Corridor Committee Meeting Report STAFF CONTACT: Dennis Killough (817) 748-8072 Lorrie Fletcher (817) 748-8069 Case No. Attachment A ZA19-0005 Page 1 BACKGROUND INFORMATION APPLICANT: Kosse Maykus, Hat Creek Development PROPERTY SITUATION: 610 and 620 S. Peytonville Avenue LEGAL DESCRIPTION: Lots 1R and 2R, Block 1, Baker Estates Addition LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “SF-1A” Single Family Residential District and “RE-5” Residential Estate District REQUESTED ZONING: “SF-20A” Single Family Residential District HISTORY: The property was given the “AG” Agricultural zoning designation with the adoption of the City’s Zoning Ordinance in 1987. January 4, 1994; City Council approved a zoning change of 4.08 acres of the proposed Lot 2, Baker Estates from “AG” Agricultural District to “SF- 1A” Single Family Residential District. (ZA93-104) January 20, 1994, the Planning and Zoning Commission approved a Final Plat for Lot 1 and Lot 2, Block 1, Baker Estates. (ZA93-129) March 1994: a building permit was issued for the construction of a new residence on the property. July 15, 1997; City Council approved a plat revision for 2 lots for Baker Estates. (ZA97-071) August 5, 1997; City Council approved a zoning change for Lot 2, Block 1, Baker Estates from “SF-1A” Single Family Residential District to “RE- 5” Residential Estate District. (ZA97-080) October 2, 2018; City Council denied a zoning change and concept plan for a 14-lot “SF-20A” residential subdivision. (ZA18-0033) SOUTHLAKE 2035 PLAN: The underlying land use designation is Medium Density Residential. The request to change the zoning to “SF-20A” Single Family Residential District is consistent with this land use designation. Case No. Attachment A ZA19-0005 Page 2 PATHWAYS MASTER PLAN: The Pathway Master Plan for this property requires a 5-foot sidewalk along the west side of S. Peytonville Avenue and an 8-foot sidewalk on the east side of S. Peytonville Avenue. No sidewalks currently exist on the west side of S. Peytonville Avenue north of Elks Lane (from W. Continental Blvd. to Elks Lane) to W. Southlake Blvd. The 8-foot sidewalk on the east side of S. Peytonville Avenue has been constructed from Boardwalk Avenue north to W. Southlake Blvd. WATER & SEWER: This site is currently serviced by an existing 8” water line along S. Peytonville Avenue. There is an existing 8” sewer line located along the north property line and a 6” sewer line located on the east side of S. Peytonville Avenue. DRAINAGE COMMENTS: Drainage is generally to the south on the western and north portion of the lot and west at the southeast portion of the property. Also, water flows onto the property from the east. An existing creek is located within the subdivision draining to the south through the property. A preliminary drainage plan is included in the packet. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The site will have one access drive directly onto S. Peytonville Avenue, a 2-lane undivided 70-foot collector. The proposed development is located on S. Peytonville Avenue between W. Southlake Blvd. and W. Continental Blvd. S. Peytonville Avenue (51) (between W. Continental Blvd. and Stonebury Drive) 24hr North Bound (2,214) South Bound (1,998) AM Peak AM (387) 7:00 AM –8:00 AM Peak AM (202) 7:15 AM– 8:15 AM PM Peak PM (227) 3:00 PM – 4:00 PM Peak PM (209) 1:00 PM – 2:00 PM * Based on the 2018 City of Southlake Traffic Count Report Traffic Impact A Traffic Impact Analysis (TIA) was not required for this project. TREE PRESERVATION: The proposed tree preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 44.24% of existing tree cover on the site and a minimum of 50% of the tree cover is required to be preserved. The applicant is proposing to preserve 54.4% of the existing tree cover. CITIZEN INPUT: A SPIN meeting was held for this project on February 12, 2019. A 2035 Corridor Planning Committee meeting was held on January 24, 2019. Case No. Attachment A ZA19-0005 Page 3 PLANNING & ZONING COMMISSION: February 21, 2019; Approved (6-0) as presented and subject to the Staff Report and Staff Review Summary No. 2, dated February 15, 2019. CITY COUNCIL: March 5, 2019; Approved to Table to the March 19, 2019 City Council meeting. March 19, 2019; Approved to Table to the April 2, 2019 City Council meeting. STAFF COMMENTS: Attached is Review Summary No. 2, dated February 15, 2019. Case No. Attachment B ZA19-0005 Page 1 Case No. Attachment C ZA19-0005 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA19-0005 Review No.: Two Date of Review: 02/15/19 Project Name: Zoning Change and Concept Plan – Hawk Wood APPLICANT: Hat Creek Development DESIGN: Sage Group, Inc. Kosse Maykus Curtis Young PO Box 92747 1130 N. Carroll Ave., Ste 200 Southlake, Texas 76092 Southlake, Texas 76092 Phone: 817-329-3111 Phone: 817-424-2626 Email: kosse@maykus.com Email: cyoung@sage-dfw.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/4/19 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 OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Lorrie Fletcher Planner Phone: (817) 748-8069 Email:lfletcher@ci.southlake.tx.us 1. Provide net acreage less Peytonville right of way and subdivision right of way. • All development must comply with the underlying zoning district regulations. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 44.24% of existing tree cover on the property and a minimum of 50% of the existing tree cover is required to be preserved. 54.40% of the existing tree cover is proposed to be preserved. * 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. Case No. Attachment C ZA19-0005 Page 2 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Kevin Ferrer, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: kferrer@ci.southlake.tx.us GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 1. It is preferred to modify proposed sidewalk crossing to be perpendicular of Boardwalk Ave. while also being parallel with South Peytonville Ave. EASEMENTS: Storm sewer lines proposed to run along the rear of the lots will require a private drainage easement and will need to be privately maintained. SANITARY SEWER COMMENTS: 1. Is there an alternative sanitary sewer route such as tie-in to sewer line by Peytonville avenue? Staff would like to preserve the existing trees if possible. Please analyze if alternate options are available. DRAINAGE COMMENTS: 1. Limits of 1% floodplain boundaries shall be shown and contained within a dedicated drainage easement at the time of submittal of the final plat and civil set. 2. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 1, 10 and 100- year storm events. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. If tract does not detain, development will need to provide Case No. Attachment C ZA19-0005 Page 3 hydraulic and hydrology supporting documents up to the critical drainage infrastructure at the time of the civil set showing that downstream/upstream properties are not negatively affected by the development. 3. Easements outside of right of way shall be required for proposed storm sewer. Ordinance #605 defines easement requirements for storm sewer: 30” RCP and under - 15’ easement 42” – 54” RCP - 20’ easement 60” – 66” RCP - 25’ easement 72” – 102” RCP - 30’ easement Over 102” RCP – 3.5 times diameter 4. Provide a storm sewer junction box by lot 1 to provide a maintenance access point. * Provide inlet at the end of pavement of proposed street to intercept runoff before entering adjacent property. * Property drains into a Critical Drainage Structure #19 and requires a fee to be paid prior to beginning construction ($417.61/Acre). * Discharge of post development runoff must have no adverse impact on upstream & downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of 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. *=Denotes informational comment. Case No. Attachment C ZA19-0005 Page 4 Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. General Informational Comments: * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be 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. * 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 ZA19-0005 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. ROGERS, DENNIS P SF20A 1420 PARK PL 0.48 O 2. EADS, JIMMIE D SF20A 1417 PARK PL 0.47 O 3. LIU, JIE SF20A 1419 PARK PL 0.47 NR 4. CONTARDI, LISA A SF20A 610 BOARDWALK AVE 0.46 O 5. ELAM, THOMAS E SF20A 612 BOARDWALK AVE 0.47 O 6. RIVERA, JAY S SF20A 611 BOARDWALK AVE 0.67 NR 7. MCDERMOTT, KARL SF20A 607 STONEBURY DR 0.52 O 8. SWACKER, ROBERT N SF20A 605 STONEBURY DR 0.73 O 9. YOUNG, KEITH W SF20A 515 STONEBURY DR 0.48 O 10. WOODS, SCOTT A SF20A 517 STONEBURY DR 0.70 O 11. HARRY, GLEN SF20A 519 STONEBURY DR 0.68 O 12. CROWN, STACIE S SF20A 604 STONEBURY DR 0.55 O 13. MURRAY, THOMAS J SF20A 516 STONEBURY DR 0.61 O 14. RABELER, HILARY SF20A 602 STONEBURY DR 0.48 O 15. CHAND, ELIZABETH SF20A 521 STONEBURY DR 0.50 O 16. HUBIK, JOSEPH P SF20A 603 STONEBURY DR 0.67 O 17. SOUTHLAKE WOODS LP SF20A 601 STONEBURY DR 0.20 O 18. NYHOFF, DOUGLAS G SF1-A 670 S PEYTONVILLE AVE 2.56 O 19. MCKELVEY, THOMAS R SF1-A 690 S PEYTONVILLE AVE 3.37 O 20. KAHN, MAYIER SF20A 1801 NATIVE DANCER PL 0.96 O 21. CARTER, WILLIAM MICHAEL SF20A 1808 NATIVE DANCER PL 0.86 O 22. RAMAMURTHY, G SF20A 1800 NATIVE DANCER PL 0.96 O 23. COCANOUGHER, ROBERT RE5 620 S PEYTONVILLE AVE 6.04 NR 24. COCANOUGHER, ROBERT SF1-A 610 S PEYTONVILLE AVE 3.70 NR 25. JONES, HARRISON J SF20A 610 INDIAN PAINTBRUSH WAY 1.05 O 26. LI, YUEH-HUA SF20A 1804 NATIVE DANCER PL 1.00 O 27. GADDAM, SRIKANTH SF20A 608 INDIAN PAINTBRUSH WAY 1.00 O Case No. Attachment D ZA19-0005 Page 2 28. VINEYARD, BRYAN C SF20A 604 INDIAN PAINTBRUSH WAY 0.56 NR 29. FRITZ, MARK RICHARD SF20A 600 INDIAN PAINTBRUSH WAY 0.54 O 30. IVEY, BRIAN SF20A 524 INDIAN PAINTBRUSH WAY 0.50 O 31. MORRISON, SCOTT SF1-A 655 S PEYTONVILLE AVE 1.00 NR 32. NAOMI JONES LIV TRUST SF1-A 701 S PEYTONVILLE AVE 13.99 F 33. Superintendent of Carroll ISD NR 34. Superintendent of Grapevine Colleyville ISD NR 35. Superintendent of Northwest ISD NR 36. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirty-six (36) Responses Received within 200’: Twenty-five (25) – Twenty-four (24) opposed and One (1) in favor See attached response forms Responses Received outside 200’: Six (6) – One (1) opposed and Five (5) in favor See attached Miscellaneous Correspondence: Two (2) See attached Cards received at the P&Z Meeting: Twenty-five (25) total Five (5) opposed – Three (3) within 200’ Twenty (20) in favor – None (0) within 200’ The written opposition from property owners within the 200 ft. notification boundary is at 82.85% at the time of this report (March 26, 2019). If opposition by the property owners within the area of the 200 ft. notification boundary remains at 20% or greater, a super majority vote (6 of 7 members) of the City Council will required for final approval of this request. Case No. Attachment D ZA19-0005 Page 3 Case No. Attachment D ZA19-0005 Page 4 Case No. Attachment D ZA19-0005 Page 5 Case No. Attachment D ZA19-0005 Page 6 Case No. Attachment D ZA19-0005 Page 7 Case No. Attachment D ZA19-0005 Page 8 Case No. Attachment D ZA19-0005 Page 9 Case No. Attachment D ZA19-0005 Page 10 Case No. Attachment D ZA19-0005 Page 11 Case No. Attachment D ZA19-0005 Page 12 Case No. Attachment D ZA19-0005 Page 13 Case No. Attachment D ZA19-0005 Page 14 Case No. Attachment D ZA19-0005 Page 15 Case No. Attachment D ZA19-0005 Page 16 Case No. Attachment D ZA19-0005 Page 17 Case No. Attachment D ZA19-0005 Page 18 Case No. Attachment D ZA19-0005 Page 19 Case No. Attachment D ZA19-0005 Page 20 Case No. Attachment D ZA19-0005 Page 21 Case No. Attachment D ZA19-0005 Page 22 Case No. Attachment D ZA19-0005 Page 23 Case No. Attachment D ZA19-0005 Page 24 Case No. Attachment D ZA19-0005 Page 25 Case No. Attachment E ZA19-0005 Page 1 ORDINANCE NO. 480-758 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS 1R AND 2R, BLOCK 1, BAKER ESTATES ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 9.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT AND “RE-5” RESIDENTIAL ESTATE DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as “SF-1A” Single Family Residential District and “RE-5” Residential Estate District under the City’s Comprehensive Zoning Case No. Attachment E ZA19-0005 Page 2 Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off -street parking facilities; location of ingress and egress points for parking and off -street loading spaces, and protection of public health by surfacing on all parking areas t o control dust; effect on the promotion of health and the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public intere st clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment E ZA19-0005 Page 3 those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and a ir, 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 alt ered, changed and amended as shown and described below: Being described as Lots 1R and 2R, Block 1, Baker Estates Addition Southlake, Tarrant County, Texas, being approximately 9.80 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single Family Residential District and “RE-5” Residential Estate District to “SF-20A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein Case No. Attachment E ZA19-0005 Page 4 as Exhibit “B”, and subject to the following conditions: Council Motion: SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning 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 fores eeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. Case No. Attachment E ZA19-0005 Page 5 That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, 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 ZA19-0005 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 _________, 2018. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2018. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA19-0005 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA19-0005 Page 8 EXHIBIT “A” Reserved for metes and bounds description Case No. Attachment E ZA19-0005 Page 9 EXHIBIT “B” Reserved for approved concept plan