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Item 6CSOUTHLAKE PLANNING & [DEVELOPMENT SERVICES STAFF REPORT May 26, 2020 CASE NO: ZA20-0025 PROJECT: Zoning Change and Concept Plan for 1151 E. Dove Road EXECUTIVE SUMMARY: VPG Properties, on behalf of the owner, Gazim Idoski, is requesting approval of a 2nd reading of a Zoning Change and Concept Plan on property being described as Tract 5A1, F. Throop Survey Abstract No. 1511, City of Southlake, Tarrant County, Texas, and located at 1151 E. Dove Road, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF -1A" Single Family Residential District. SPIN Neighborhood #3. DETAILS: The property is located at the southeast corner of the intersection of N. Carroll Avenue and E. Dove Road. The purpose of this request is to seek approval of a zoning change and concept plan for the development of 4 single family residential lots of approximately 4.5 acres. Site Data Summary, Land Use Designation Low Density Residential Existing Zoning "AG" Proposed Zoning "SF -1A" Gross Acreage 4.529 acres Net Acreage 4.529 acres # of Residential Lots 4 Gross Density 0.88 du/ac. Net Density 0.88 du/ac. Average Lot Area 1.023 ac. (49,323 sf) Since the May 7, 2020 Planning and Zoning Commission meeting, the applicant has revised the concept plan based on comments by the Commission. The revised concept plan has the Lot 62 building pad centered on the lot, the front building line on all lots has been moved to 50 feet, and includes a fencing plan reflecting the wood fencing between the lots and rear property lines and wrought iron fencing in the front yards. The concept plan does not reflect a realignment of Lots 61 and 62 driveways. Case No. ZA20-0025 ACTION NEEDED 1) Conduct a Public Hearing 2) Consider 2nd reading approval of a Zoning Change and Site Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #2, dated May 1, 2020 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-768 PowerPoint Presentation Flans SPIN meeting report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA20-0025 BACKGROUND INFORMATION OWNER: Gazim Idoski APPLICANT: VPG Properties PROPERTY SITUATION: 1151 E. Dove Road, Southlake, Texas LEGAL DESCRIPTION: Tract 5A1, F. Throop Survey Abstract No. 1511, Southlake, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District. PROPOSED ZONING: "SF -1A" Single Family Residential 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 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Low Density Residential". WOMENEREMOM , 'w w 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 I Nr,, q Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all rights-of-way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows E. Dove Road to be a 2 -lane 88 -foot undivided arterial roadway and N. Carroll Avenue as an 88 - foot undivided arterial roadway. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a future (< 8') sidewalk along the south side of E. Dove Road. An existing 8 -foot sidewalk is located along N. Carroll Avenue. The applicant will be required to install a 5 -foot sidewalk along E. Dove Road. Case No. Attachment A ZA20-0025 Page 1 TRANSPORTATION ASSESSMENT: The development shows driveway access onto E. Dove Road, a 2 -lane 88 - foot undivided arterial roadway and N. Carroll Avenue, a 2 -lane 88 -foot undivided arterial roadway. The right-of-way dedication has been provided on N. Carroll Avenue. The 44 -foot right of way dedication will be required on E. Dove Road with the platting of the property. TREE PRESERVATION/ LANDSCAPE: The Tree Conservation Analysis meets the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover preservation is broken down per lot which also complies with the Existing Tree Cover Preservation requirements. There is 63.8% of existing tree cover across the site, and a minimum of 40% of the existing tree cover is required to be preserved. A total of 65% of the existing tree cover is proposed to be preserved. For the landscape requirements, the development will require a 10 -foot wide landscape bufferyard on both the N. Carroll Avenue and E. Dove Road. The applicant has provided the bufferyard on the Concept Plan. The bufferyard will require 2 canopy trees, 3 accent trees, and 10 shrubs per 100 -feet on each lot's street frontage. UTILITIES: There are existing 12" water lines along E. Dove Road and N. Carroll Avenue. The existing 6" sanitary sewer lines along N. Carroll Avenue. DRAINAGE: The tract drains generally to the north to E. Dove Road and northwest to N. Carrol Avenue. The applicant has provided a drainage study with the application. CITIZEN INPUT: A SPIN meeting was held on May 12, 2020 for this development. PLANNING AND ZONING COMMISSION: May 7, 2020; Approved (6-0) subject to the Staff Report dated May 1, 2020 and Concept Plan Review Summary No. 2 dated May 1, 2020; with the following exceptions: On Lot 62, centering the building site in the center of the lot; aligning the driveways of Lots 61 and 62 with the cross street driveways on E. Dove Road; requiring 8 ft. board -on -board fence for sections not facing N. Carroll Avenue and E. Dove Road; requiring wrought iron fencing for sections fronting on N. Carroll Avenue and E. Dove Road not less than 20 -feet off the property line; encouraging circular driveways on each lot; and requiring the front building line setback as 50 -feet. CITY COUNCIL: May 19, 2020; Approved (7-0), 1St Reading, subject to the Staff Report dated May 12, 2020 and the Concept Plan Review Summary #2 dated May 1, 2020; noting we are approving the revised concept plan presented this evening with 4 single family residential lots on approximately 4.5 acres; also noting per the Planning and Zoning Commission recommendation, we are requiring the wrought iron fencing for sections fronting on N. Carroll Avenue and E. Dove Road of not less than a 20 -feet off the property line. Case No. Attachment A ZA20-0025 Page 2 STAFF COMMENTS: Attached is Review Summary No. #2, dated May 1, 2020. Case No. ZA20-0025 Attachment A Page 3 Vicinity Map 1151 E Dove Rd Site Plan 0 150 300 600 900 1,200 Feet Case No. Attachment B ZA20-0025 Page 1 Case No.: ZA20-0025 CONCEPT PLAN REVIEW SUMMARY Review No.: Two Project Name: Concept Plan — 1151 E. Dove Road APPLICANT: VPG Properties Patrick Grav P.O. Box 92481 Southlake, TX 76092 Phone: 817-992-4950 Email: vpgray@gmail.com OWNER: Gazim Idoski 3312 Alexandria Ct. Grapevine, TX 76092 Phone: 817-657-0234 Email: Date of Review: 5/1/20 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/21//2020 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email pmoosCpci.southlake .tx.us An appropriate plat (Plat Showing or Preliminary Plat and Final Plat) that complies to the underlying zoning must be processed and recorded with the County prior to the conveyance of any lots or the issuance of any building permits. A Plat Showing must be approved by the City Council following a recommendation by the Planning and Zoning Commission prior to the execution of a developer's agreement and commencement of any site work. 2. Show, label, and dimension the width of the rights of way for N. Carroll Ave. and E. Dove Rd. Both streets are shown as 88 -foot wide arterials on the Master Thoroughfare Plan. Show and label the centerlines of N. Carroll Ave. and E. Dove Rd. and dimension from property corners to the centerlines and full width across rights of way. Along E. Dove Rd. and North Carroll Ave., a minimum 44 ft. right of way dedication from the centerline of the road is required south of the road centerline. On E. Dove Rd., show and dimension a minimum 44' right of way dedication along Lot 4 west to the point of tangent. Right of way dedication may be required. See adjacent plats for Lakes on Dove and Winfield Estates. Note: Applicant has requested to defer the verification of the R.O.W. for both N. Carroll Avenue and E. Dove Road to the platting. Right-of-way dedication is required per the Thoroughfare Plan. Any lot that may become deficient if the proposed lots do not meet the "SFAA" size may require a reduction in the number of lots. 3. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Dimension and label the distances to the roundabout intersection. The minimum distance required from the roundabout is 150' measured from the tips of the medians to the centerlines of the proposed residential driveways on N. Carroll and E. Dove. b. Label the distances to the nearest existing off-site driveway centerlines in both directions of the site. C. Label the existing driveways across adjoining rights-of-way type of pavement. Case No. Attachment C ZA20-0025 Page 1 4. Label the width of the existing multi -use trail along N. Carroll Ave. 5. Provide a preliminary Utility Plan showing adjacent public utilities and proposed connections. Note: Sanitary sewer connections should be provided by the developer to the existing sanitary sewer line along N. Carroll Avenue. 6. Show, label and dimension the width of any easements on or adjacent to the site, if any. Informational Comments Only: • For the required plat showing, note the utility easements where necessary for the future sewer lines to connect to the existing sewer line on N. Carroll Avenue. • Zoning Ordinance No. 480, as amended, Section 39 -Screening and Fencing for standards. There are special requirements for fencing along arterials, which includes N. Carroll Ave. and E. Dove Rd., per Section 39.5.c.4. if fencing is constructed on any of the lots with the development or in the future. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(d)ci.southlake.tx.us TREE CONSERVATION COMMENTS: A Tree Conservation Plan conforming to the Tree Conservation Analysis will be required with the submittal of a Preliminary Plat or Final Plat. The Tree Conservation Analysis meets the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover preservation is broken down per lot which also comply with the Existing Tree Cover Preservation requirements. There is 63.8% of existing tree cover across the site, and a minimum of 40% of the existing tree cover is required to be preserved. A total of 65% 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. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site existing tree cover to be reserved* 0%-20% 70% 20.1-40% 60% Case No. Attachment C ZA20-0025 Page 2 50% 60.1%-80% 40% 80.1%-100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. LANDSCAPE COMMENTS: For the landscape requirements, the development will require a 10 -foot wide landscape bufferyard on both the N. Carroll Avenue and E. Dove Road. The applicant has provided the 10 -foot bufferyard on the Concept Plan. The bufferyard will require 2 canopy trees, 3 accent trees, and 10 shrubs per 100 -feet on each lot's street frontage. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Steve Anderson, P.E., CFM Deputy Civil Engineer Phone: (817) 748-8101 E-mail: sanderson ciesouthiake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. 3. Submit with Civil Construction Plans a Retaining Wall Layout sheet. 4. 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. 5. Provide preliminary water, sewer, drainage and grading plans for this development. Case No. Attachment C ZA20-0025 Page 3 6. Show proposed sidewalks on the plans. 7. Sidewalks shall be required to be constructed with each dwelling. 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: htt:/1w cit�lofsouthlakeecomlindex.asx�iID=266 EASEMENTS: Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot— not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be added to the plat: Compliance with the provisions of the city's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. SANITARY SEWER COMMENTS: 1. Minimum size for sanitary sewer is 8". Sanitary sewer service lines shall connect to public sanitary sewer system built to City standards. 2. Clearly label all public and private sanitary sewer lines. 3. Sanitary sewer to lot 4 is suggested and desired by the City. 4. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent property. 5. Add a note: Private sanitary sewer services need a plumbing permit and must be inspected by building inspections prior to burial. Sanitary sewer in easements or right of way shall be constructed to City standards. DRAINAGE COMMENTS: 1. Differences between pre- and post- development runoff shall be captured in detention pond(s). Proposed detention ponds shall control the discharge of the 2, 10 and 100- year storm events. Detention may be required with any new proposed building construction. Describe how increased runoff from site is being detained. Access easements are needed for maintenance of detention ponds. 2. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. Over 102" RCP — 3.5 times diameter 3. The drainage inlet is called as 5'x5' on the roundabout plan. The size needs to be verified.. Case No. Attachment C ZA20-0025 Page 4 4. Stormwater discharge on the roundabout plans show the inlet receiving 37.7 cfs and these plans show it receiving 39.9 cfs. Storm needs to be verified. Calculations will be required to verify capacity of proposed inlets. Discharge of post development runoff must have no adverse impact on 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: htt�:llwww.cit�ofsouthlake.com�PuBicWorkslenineerin. design.as Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre - construction, construction and post -construction erosion control measures. 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 Fire Marshal Phone: (817) 748-8223 E-mail: kclementsQci.southlake.tx.us GENERAL COMMENTS: ►. .uu-i . -..� .0 H -. WIT . , TM 106", Public Works Traffic Division Stephanie Taylor Transportation Manager Phone: 817-748-8216 Email: staylor@ci.southlake.tx.us Case No. Attachment C ZA20-0025 Page 5 1. The City is in receipt of the Traffic Impact Analysis (TIA) Threshold Worksheet and agrees that a TIA is not required for the development as proposed. 2. Per the City's Pathways Master Plan, a sidewalk with a minimum width of 5' shall be included on the south side of E. Dove Rd. The path should widen to 8' near the roundabout as it does on the north side of the roadway. All proposed driveways must be graded to not exceed a 2% decline for the full width of the existing trail on N. Carroll Ave and the new sidewalk on E. Dove Rd. 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 lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment C ZA20-0025 Page 6 SURROUNDING PROPERTY OWNERS MAP 1246 ------ 1201 1231 1261 12 1365 �� � .� 12T3O 312 { T73 1211 1311 �T26 2119 13 14 15 a 17' m 210 GOLDEN GATE DR 2100� - a_ 12TH 1205 1008 1012. 1TkT6 U SPD # Owner Zoning' Physical Address Acreage Res p'once 1. GIST, GREG L SP1 2379 N CARROLL AVE 0.93 NR 2. TRINH, BRYAN SF1-A 1150 E DOVE RD 1.33 NR 3. MORRIS, CARRIE SF1-A 1160 E DOVE RD 1.40 NR 4. ©'AMICO FAMILY REVOCABLE LIVIN SIFI-A 1,1170 E DOVEAD 1.37 5. LAY, SHAWN SF1-A 1190 E DOVE RD 1.47 NR 6. WINFIELD RESIDENTIAL COMMUNITY RPUD 1028 WINFIELD CT 1.36 NR 7. BELL, GORDON EUGENE AG 1151 E DOVE RD 4.08 NR 8. PARR, SCOTT AG 1179 E DOVE RD 1.15 O 9. AWESOME AUTO CRUSHING AG 1211 E DOVE RD 3.97 NR 10. NUKALA, BHARATH RPUD 1029 WINFIELD CT 0.47 NR 11. WINFIELD RESIDENTIAL COMMUNITY RPUD 1033 WINFIELD CT 0.06 NR 12. BARNES, DAVID C AG 2110 N CARROLL AVE 0.98 NR 13. TIERNEY, MICHAEL SF20B 2105 N CARROLL AVE 0.44 NR 14. 15. SANKARA, ISHWARA R DEHESHI, BENJAMIN MICHAEL SF1-A SF1-A 2106 WOODBINE CIR 2105 WOODBINE CIR 1.03 1.01 NR NR 16. 17. 18. 19. PLATT, SHANE K ELBORAI, AMR ESTES PARK HOA Superintendent of Carroll ISD SF1-A SF20A RPUD 2104 WOODBINE CIR 2103 N CARROLL AVE 1017 ASPEN RIDGE DR 1.02 0.44 1.44 NR NR NR NR 20. Supt of Grapevine Colleyville ISD NR 21. 22. Superintendent of Northwest ISD Superintendent of Keller ISD NR NR Case No. Attachment D ZA20-0025 Page 1 Responses: F: In Favor 0: Opposed U: Undecided NR: No Response Notices Sent: Twenty-one (21) Responses Received within 200': In Favor: 0 Opposed: 1 Undecided: 1 No Response: 19 Case No. Attachment D ZA20-0025 Page 2 SURROUNDING PROPERTY OWNERS RESPONSES PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FARC, EMAIL OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: i 4� r 0 a*4 a x- + `. 1 +:tJ` vx r 1 Cyn Ili --�r ti also r Signature: Date: - Additional Signature: Date:L1-30-12:)o rN Printed Names): Must be property owner(s) whose narne{s} are printed at top. othennrise contact the Planning Department_ One farm per ProFertY. Phone Number (optional) Case No. Attachment E ZA20-0025 Page 1 --- - I I ^ 7L#Vj0( L. PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so mated above, airel.h; in favor of opposed t undecidedabout (circle or underline care) the proposed Zoning Change and Concept Plan referenced above, Space for comments regarding your ti 1 Signature a 0 Date- dd ti l `t : `I At,A Date" printed t hast be property owner(s) whose rta {s} ac p!rnt d at top. )therwise contact the Planning Departm Y n6 form per property, 'hone Number (Optional); Case No. Attachment E ZA20-0025 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-768 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 5A1, F. THROOP SURVEY ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 4.529 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED SITE 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 "A" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA20-0025 Page 1 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 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 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 F ZA20-0025 Page 2 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 5A1, F. Throop Survey, City of Southlake, Tarrant County, Texas being approximately 4.529 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Case No. Attachment F ZA20-0025 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in Case No. Attachment F ZA20-0025 Page 4 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation Case No. Attachment F ZA20-0025 Page 5 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 , 2020. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2020. ATTEST: CITY SECRETARY Case No. Attachment F ZA20-0025 Page 6 �''i• � � • •ill �\� CITY ATTORNEY DATE: EFFECTIVE: Case No. Attachment F ZA20-0025 Page 7 EXHIBIT "A" Reserved for metes and bounds description Case No. Attachment IF ZA20-0025 Page 1 Reserved for approved Concept Plan Case No. Attachment F ZA20-0025 Page 1