The URL can be used to link to this page

Item 6E - Staff Report9 CASE NO: ZA22-0018 SOUTHLAKE PLANNING &DEVELOPMENT SERVICES STAFF REPORT June 14, 2022 PROJECT: Zoning Change and Concept Plan for Highland Terrace EXECUTIVE SUMMARY: White Chapel Southlake, LLC is requesting 2"d Reading approval of a Zoning Change and Concept Plan on a portion of property described as Lot 1 R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas, and located at 101 E. Highland Street, Southlake, Texas. Current Zoning: "CS" Community Services District. Proposed Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood #7. DETAILS: VARIANCE REQUESTED: ACTION NEEDED ATTACHMENTS The property is generally located at the southeast corner of the intersection of N. White Chapel Blvd. and E. Highland Street. The purpose of this request is to seek approval of a zoning change and concept plan approval for 9 single family residential lots on 5.358 acres. Site Data Summary Highland Terrace Existing Zoning CS Proposed Zoning SF-20A Current Land Use Designation Public / Semi -Public Proposed Land Use Designation Medium Density Residential Total Acreage 5.358 acres Residential Lots 9 lots Density- DU/Gross Acre 1.68 Open Space % NA Average Lot Area 24,348 sf 1. Variance to Tree Preservation Ordinance 585-E to allow removal of existing trees greater than the required 70% preservation rate, as per the Tree Conservation Plan. 1) Conduct a Public Hearing 2) Consider 2nd reading approval of a Zoning Change and Concept Plan (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. #2, dated May 13, 2022 Case No. ZA22-0018 (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-794 Half-size Plans (for Commission and Council members only) Presentation Narrative Variance Request Plans Corridor Planning Committee Report SPIN Meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. ZA22-0018 BACKGROUND INFORMATION OWNERS: Southlake Assemblies of God Church APPLICANT: Kosse Maykus, White Chapel Southlake, LLC PROPERTY SITUATION: 101 E. Highland Street LEGAL DESCRIPTION: A portion of property described as Lot 1 R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas LAND USE CATEGORY: Public / Semi -Public PROPOSED LAND USE: Medium Density Residential CURRENT ZONING: "CS" Community Services District PROPOSED ZONING: "SF-20A" — Single Family Residential District HISTORY: A plat showing for Lot 1, Block 1, Southlake Assembly of God Addition was approved by City Council on September 4, 1984 (ZA84-39). A special exception use permit for a church and church related activities was approved on September 4, 1984 (ZA84-39). The zoning was changed from "AG" Agricultural District to "CS" Community Service District with the adoption of Comprehensive Zoning Ordinance 480 in 1989. A plat revision for Lots 1 R1 and 1 R2, Block 1, Southlake Assembly of God Addition was approved on October 20, 2009 was filed on June 21, 2010 (ZA09-037) SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is "Public / Semi -Public". The request to change the zoning to "SF-20A" Single Family Residential District which will require a Land Use Plan Amendment for the proposed land use designation. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows N. White Chapel Blvd. as a divided 4-lane divided local street with 88' of right of way and is currently under construction for the 4-lane divided roadway. The proposed residential street will have a 50-foot right-of-way dedicated with the development. PATHWAYS MASTER PLAN: The Pathways Master Plan indicates a <8-foot sidewalk along N. White Chapel Blvd. As part of the widening of N. White Chapel Blvd., an 8-foot wide concrete trail along the east side of the street is being constructed with the widening project currently under construction. The applicant is proposing 5-foot sidewalks on both sides of the proposed cul-de-sac. Case No. Attachment A ZA22-0018 Page 1 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Currently, the N. White Chapel Blvd., 88-foot, 4-lane divided arterial is under construction. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-E as it is being rezoned. The proposed existing tree cover preservation does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 19.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. A maximum of 18.57% of existing tree cover is proposed to be preserved and 27.77% is proposed as "Marginal" to be preserved. The applicant has stated that the steep slope of the site will require overall grading of all but the perimeter, so interior tree preservation is not possible. Variance Requested UTILITIES: An existing 12-inch water line is located along N. White Chapel Blvd. There is an existing 6-inch sewer line along the east side of the N. White Chapel Blvd. and an existing 6-inch sewer line along the east property line. DRAINAGE: The drainage generally flows to the east from N. White Chapel Blvd. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on May 10, 2022. A 2035 Corridor Planning Committee meeting was held on February 7, 2022. PLANNING AND ZONING COMMISSION: May 19, 2022; Approved (5-0) subject to the Staff Report dated May 13, 2022; noting approval of the variance requested; and, also making the motion subject to the Concept Plan Review Summary #2, dated May 13, 2022; and noting the comments to the applicant regarding communication with neighbors about drainage, soil erosion, and making clear what the fencing issues going forward to City Council. CITY COUNCIL: June 7, 2022; Approved (7-0) at the 1 s' Reading, subject to the Staff Report dated May 31, 2022 and the Concept Plan Review Summary No. 2, dated May 13, 2022; and approving the variance to the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance 585 — E and approving of the tree preservation plan as presented; and also noting, we are approving the overall fencing plan for the project as presented tonight to include the applicant's agreement to include an 8 ft. board -on- board cedar fence on north and east boundary as represented tonight. STAFF COMMENTS: Attached is Concept Plan Review Summary No. #2, dated May 13, 2022. Case No. Attachment A ZA22-0018 Page 2 Vicinity M a p 101 E. Highland Street - § 312 _, 212 234 31) ,2 Hiw w 'Pr , � 3M A, f R § n § K a � _ _ § § § § § zD 3DO & HIGHLAND q, , 2, , «, 2 § - _ e gm 2 � a „■ Lo ,w , _ a ,� , 64 a * 2 § L ® 22e 2= , s , � ,2 m I, a 304 ® �G @# § 921 919 917 D15ao DRAGON D ■1) 918 D vE EEK R 0 + 101 T03 TH 12 ,m 111 ,e 2 ailj A ASCOT ,2 ,@ ,m ,e �� 2 ) ZA22-0018 ` � Zoning Change and \ / \ Concept Plan O 90180 360 Feet , . � Case No Attachment B ZA22- 018 Pagel CONCEPT PLAN REVIEW SUMMARY Case No.: ZA22-0018 Review No.: Two Project Name: Zoning Change and Concept Plan — Highland Terrace APPLICANT: White Chapel Southlake, LLC Koss Mavkus P.O Box 92481 Southlake, TX 76029 Phone: Email: CONTACT: Sage Group Curtis Young Phone: 817-424-2626 Email: cyoung@sage-dfw.com Date of Review: 5/13/22 OWNER: Southlake Assemblies of God Church Ricky Franklin 101 E. Highland Street Southlake, TX 76092 Phone: Email: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/3/2022 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: pmoos(ab-ci.south lake.tx.us Provide a small scale location map. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin(aki.south lake.tx.us The proposed existing tree cover preservation does not comply with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 19.50% of existing tree cover on the site and a minimum of 70% of the existing tree cover is required to be preserved. A maximum of 18.57% of existing tree cover is proposed to be preserved and 27.77% is proposed as "Marginal" 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 Case No. Attachment D ZA22-0018 Page 1 Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% — 20% 70% 20.1 — 40% 60% 40.1 % - 60% 50% 60.1 % - 80% 40% 80.1 % - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as approved by City Council. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy(a)ci.south lake.tx.us GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of the civil construction plans. * A drainage easement is required between Lots 1 & 2 and Lots 5 & 6 * A private drainage easement is required along the rear of Lots 5 through 9. * A sewer easement is required within Lot 4. * Please ensure that there is adequate separation between the proposed fire hydrant and the proposed sewer manhole. *=Denotes informational comments that will need to be addressed on the first submittal of the Civil Construction Plans. Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kciements(a-),ci.south lake.tx.us FIRE HYDRANT COMMENTS: Case No. Attachment D ZA22-0018 Page 2 Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with sprinklered and un-sprinklered homes. (Add a fire hydrant between the two indicated on the plan to meet the necessary distance requirement) 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 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. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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 D ZA22-0018 Page 3 SURROUNDING PROPERTY OWNERS' MAP id aao 1d1 1B1 261 211 221 303 411 r 0 eo- 10 v 1 1150 - 10 4 10 � 47 ¢ 1 232'+ d 4 $ a 1 301] 30 304 921 919 917 915 Z3 30 3 922 B20 Sib 918 w ❑ r m � '02 p 1d1 103 iflS 107 1d2 109 109 I 10a 11❑ 112 1 7 SPO # Owner Zoning Address Acreage Response 1. CARRIZAL, ALBERTO Physical SF20A 923 DOVE CREEK TR 0.62 NR 2. TABORSKY, DAVID SF20A 925 DOVE CREEK TR 0.49 NR 3. TEDFORD, GARETH SF20A 924 DOVE CREEK TR 0.47 NR 4. PATY, BARBARA ANN AG 1000 N WHITE CHAPEL BLVD 2.05 NR 5. CARROLL, ISD NRPUD 1501 W SOUTHLAKE BLVD 2.80 NR 6. SILVEROAK LAND DEV CO LLC RPUD 1100 TINA TR 0.80 NR 7. CHON, SAMUEL RPUD 228 MARIE CIR 0.37 NR 8. FLAK-FRANKLIN FAMILY TRUST, TH RPUD 224 MARIE CI 0.36 NR 9. YAO, GANG SF20A 919 DOVE CREEK TR 0.47 NR 10. KING, RORY SF20A 921 DOVE CREEK TR 0.46 NR 11. SAPP, STEVEN SF20A 922 DOVE CREEK TR 0.45 NR 12. ANDERSON, MAYBELLE SF20A 920 DOVE CREEK TR 0.45 NR 13. GOSWAMI, ANUJ SF20A 918 DOVE CREEK TR 0.45 NR 14. CHAKRABORTY, SAMRAT SF20A 917 DOVE CREEK TR 0.47 NR 15. ARORA, DEEPAK SF20A 916 DOVE CREEK TR 0.44 NR 16. PATEL, JIGNESH SF20A 914 DOVE CREEK TR 0.46 NR 17. NEMETH, LAUREL R SF20A 913 DOVE CREEK TR 0.46 NR 18. RIERA, ALFONSO SF20A 813 SARATOGA DR 0.43 NR 19. DECAMP, CORRIE SF20A 911 DOVE CREEK TR 0.49 NR 20. BUSH, KYLE AG 1160 N WHITE CHAPEL BLVD 0.28 NR 21. PATY, BARBARA ANN C1 1000 N WHITE CHAPEL BLVD 1.13 NR Case No. Attachment D ZA22-0018 Page 1 22. ALLEN, MITCHELL SF1-A 1150 N WHITE CHAPEL BLVD 1.33 NR 23. BRYAN, LISA AG 1196 N WHITE CHAPEL BLVD 1.00 NR 24. WOOD, J C AG 1170 N WHITE CHAPEL BLVD 1.57 NR 25. BURGERT, TANIA RPUD 204 MARIE CIR 0.35 NR 26. LAMB, MARKS SF20A 915 DOVE CREEK TR 0.47 NR 27. SZKUDLAREK, MARK T RPUD 220 MARIE CIR 0.47 NR 28. BESSE, RICHARD E RPUD 216 MARIE CIR 0.37 NR 29. HOME, BRIAN RPUD 208 MARIE CIR 0.37 NR 30. LAFAVERS, DORIS AG 303 E HIGHLAND ST 0.99 NR 31. ABDELQADER, AWAD SF20A 201 E HIGHLAND ST 0.71 NR 32. SHENOY, SHIVPRASAD (Rachana Rao) SF20A 211 E HIGHLAND ST 0.71 33. CHANDRA, PUNIT SF20A 231 E HIGHLAND ST 0.72 NR 34. HANES, ERIC SF20A 221 E HIGHLAND ST 0.72 NR 35. BULLOCK, TYLER RPUD 212 MARIE CIR 0.48 NR 36. DUNN, NINA LOUISE AG 950 N WHITE CHAPEL BLVD 0.46 NR 37. DUNN, NINA LOUISE AG 950 N WHITE CHAPEL BLVD 1.06 NR 38. NAYANA, SOMESHWAR AG 181 E HIGHLAND ST 0.74 NR 39. SOUTHLAKE CH ASSEMBLY OF GOD CS 101 E HIGHLAND ST 6.85 NR 40. Methodist Hospitals of Dallas SP2 440 E. Highland Street 14.53 NR 41. White Chapel Village Center Prt. SF-1A 1205 N. White Chapel Blvd. 1.83 NR 42. Superintendent of Carroll ISD NR 43. Supt of Grapevine Colleyville ISD NR 44. Superintendent of Northwest ISD NR 45. Superintendent of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Forty-four (44) Responses Received: In Favor: 0 Opposed: 0 Undecided: 1 No Response: 43 Case No. Attachment D ZA22-0018 Page 2 SURROUNDING PROPERTY OWNERS' RESPONSES Planning & Zoning Case I :..: =-:rn-. Project Name Zoning change for lot on white chapel Planning & Zoning Case 7d72_0018 Number Proj&rt LOratiOn Assembly of God addition, southlake I am: Undecided Comments } Explanation I would like more information regarding fencingi boundary wall to be installed around the perimeter of the property especially in relation to the portion backing up to my home (211 E Highland street) for privacy and security. Also, precautions that will be taken during construction to prevent dust and debris on my property. Thanks First Name Rachnna Last Name Rao Address Phone Number (Optional} city 211 E Highland Street Southlake State Tx Zip 76092 Disdaaimer This form is to provkfe feedback an planning & zonfng4elated requests. Your comments are placed in the related case Me as a matter of public record and forwarded to the Planning & Zoning Commission and City Council if action is required by these bodies. Your submission of this form shall not be considered a formal protest under Section 211.006(d) of the Texas Local Government Code unless your signature is uploaded and suhifnitled with this form. disdaimerA€knowledgment yes, I understand Signature IFor Formal 8B7FCAC5-6783-489A-B5E3-AF581934F53A_ipeg Protests) Case No. Attachment E ZA22-0018 Page 1 ORDINANCE NO. 480-794 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 A PORTION OF PROPERTY DESCRIBED AS LOT 1R1, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICES 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 "CS" Community Services District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA22-0018 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 ZA22-0018 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: 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 portion of property described as Lot 1 R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas being approximately 5.358 acres, and more fully and completely described in Exhibit "A" from "CS" Community Services District to "SF-20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Case No. Attachment F ZA22-0018 Page 3 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 F ZA22-0018 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment F ZA22-0018 Page 5 ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2022 1/G •C ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2022. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA22-0018 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA22-0018 Page 7 EXHIBIT "A" Being described as portion of property described as Lot 1 R1, Block 1, Southlake Assembly of God Addition, City of Southlake, Tarrant County, Texas, being approximately 5.358 acres and being more particularly described as follows: METES AND BOUNDS DESCRIPTION 5.358 ACRES OUT OF LOT 1R1, BLOCK 1, SOUTHLAKE ASSEMBLY OF GOD ADDITION IN THE W.W. HALL SURVEY, A-687 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS All that certain 5.358 acres of land, out of the Lot 1 R1, Block 1, Southlake Assembly of God Addition, recorded in Document Number D210148766, in the Plat Records of Tarrant County, Texas (P.R.T.C.T.), in the W.W. Hall Survey, A-687, City of Southlake, Tarrant County, Texas and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on the Texas Coordinate System of 1983, North Central Zone) BEGINNING at a 1/2" iron rod with a cap stamped "LBS 3946" found for the southeast corner of said Lot 1 R1, Block 1, Southlake Assembly of God Addition, common to the southwest corner of Lot 11, Chelsea Park Addition, recorded in Document Number D212052879, P.R.T.C.T., and in the north line of Lot 3, Block 1, Chapel Downs Addition, recorded in Cabinet A, Slide 386, P.R.T.C.T.; THENCE South 89' 25' 15" West, along the south line of said Lot 1 R1, Block 1, Southlake Assembly of God Addition, common to the north line of said Block 1, Chapel Downs Addition passing a distance of 377.83' a 1/2" iron rod found for the common north corner of Lot 6 and Lot 7, of said Block 1, of said Chapel Downs Addition, continuing for a total distance of 565.17', to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the southwest corner of the herein described tract, common to the northwest corner of said Lot 7, Block 1, Chapel Downs Addition, and in the east right-of-way line of North White Chapel Boulevard (right-of-way varies); THENCE North 00' 37' 13" West - 358.82' along the west line of said Lot 1 R1, Block 1, Southlake Assembly of God Addition, common to the east right-of-way line of said North White Chapel Boulevard, to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the most westerly northwest corner of the herein described tract; THENCE North 89' 22' 46" East - 189.85'across said Lot 1 R1, Block 1, Southlake Assembly of God Addition, to a 1/2" iron rod with a cap stamped "SPRY 5647" set for an angle corner of the herein described tract; THENCE North 00' 06' 42" West - 81.70', continuing across said Lot 1 R1, Block 1, Southlake Assembly of God Addition, to a 1/2" iron rod found for an angle corner of said Lot 1 R1, Block 1, Southlake Assembly of God Addition, common to the southwest corner of a tract of land described in the deed to John A. and Helen L. Madden, recorded in Volume 6521, Page 621, in the Deed Records of Tarrant County, Texas (D.R.T.C.T.); Case No. Attachment F ZA22-0018 Page 8 THENCE North 890 39' 38" East - 118.51' along the south line of said Madden tract, to an angle corner of the herein described tract, common to the southeast corner of said Madden tract, from which a 5/8" iron rod found bears North 270 20' West — 0.31'; THENCE North 890 26' 32" East - 256.16', along a north line of said Lot 1 R1, Block 1, to a 1 /2" iron rod with a cap stamped "LBS 3946" found for the northeast corner of the herein described tract, common to the northwest corner of Lot 13, of said Chelsea Park; THENCE South 000 36' 36" East - 440.06' along the east line of Lot 1 R1, Block 1, common to the west line of said Chelsea Park Addition, to the POINT OF BEGINNING and containing 5.358 acres of land. Case No. Attachment F ZA22-0018 Page 9 Reserved for approved Site Plan Case No. Attachment F ZA22-0018 Page 10