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Item 6ACity of Southlake Department of Planning S T A F F R E P O R T December 20, 2006 ZA06-131 CASE NO: Zoning Change and Development Plan for Estancia at Southlake PROJECT: REQUEST: On behalf of Ernest E. Taylor, Tejas Capital Partners is requesting approval of a zoning change and development plan from “AG” Agricultural to “R-PUD” Residential Planned Unit Development district. The property is a 7.97 acre tract located at 579 N. Kimball Avenue. The proposed development consists of 13 residential lots and 3 open space lots. The proposed residential density is 1.63 (gross) with an open space percentage of 34.88% (2.78 acres) and average lot size of 12,376 sq. ft. The following information was requested by City Council at the first reading of this item: Item Comments 1.Increase the setbacks along Kimball Avenue The applicant has made all the building setbacks off Kimball Avenue 25’ on Lot 1, Block 1, and Lot 7, Block 2 2.Detailed plan showing the proposed grading The applicant has provided a plan showing existing grades and a cross on Lot 6, Block 1 section through the site showing existing and proposed grades, including the retaining wall along the eastern edge of the property. 3.Redesign the entry median on Estancia Ct. to The applicant has split the median so as to provide for the required access. accommodate driveway access to Lot 1, Block 1 and Lot 7, Block 2 4.Fence design along the north and south The applicant has designated the north and south property lines as wrought property lines to be wrought iron iron fences on the revised development plan dated December 12, 2006. 5.Increase the distance between the proposed The applicant has moved the street stub so that the distance from the street street stub to the north and Kimball Avenue stub to Kimball Avenue increased from 155’ to 175’ A revised development plan and detailed grading plan for Lot 6, Block 1 are included in this staff report and the Council packet. (see Attachment C) 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Development Plan Review Summary No. 3, dated November 3, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-509 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Jay Narayana (748-8072) Case No. ZA06-131 BACKGROUND INFORMATION OWNER: Ernest E. Taylor APPLICANT: Tejas Capital Partners PROPERTY SITUATION: 579 N. Kimball Avenue LEGAL DESCRIPTION: Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: There is no development history on this property. TRANSPORTATION Existing Roadway Network ASSESSMENT: The proposed development will have its main access from North Kimball Avenue and is proposing a secondary street stub to undeveloped property to the north. Mobility and Master Thoroughfare Plan The functional classification for this segment of North Kimball Avenue is a 4- lane Divided Arterial (A4D) with an 88’ R.O.W. The street typology is a Boulevard. Traffic Analysis The traffic impact of the proposed development is as follows: Use VTPD* AM AM PM PM IN OUT IN OUT Residential (14 units) 134 3 8 9 5 *VTPD = Vehicle Trips Per Day The traffic impact of the proposed development on N. Kimball Avenue is expected to be minimal and is not expected to change the existing level of service. Case No. Attachment A ZA06-131 Page 1 COMPREHENSIVE PLAN ANALYSIS: The 2005 Future Land Use Plan designation for the property is Medium Density Residential. A significant area along the eastern edge of the property, specifically along the drainage creek has been identified in the Environmental Resource Protection Map as a priority area for preservation. The proposed development preserves this area as common open space with natural trails as pedestrian amenities. 2005 Future Land Use Plan Designation Environmental Resource Protection Map PATHWAYS MASTER PLAN: The Pathways Master Plan identifies a sidewalk (<8’ wide) along North Kimball Avenue. In addition, a multi-use trail has been identified to connect to the Corps of Engineers’ property to the north east of the site (#66 on the map below). The proposed development has identified a natural trail connection to this future trail. 2005 Master Pathways Plan Case No. Attachment A ZA06-131 Page 2 WATER & SEWER: There is an existing 12” water line and a 12” sanitary sewer in Kimball Avenue that will serve this development. DRAINAGE ANALYSIS: Drainage from this site is generally to the east to an existing creek along the back of the subdivision. The applicant is proposing to make improvements to the creek to improve drainage in the area. Staff recommends minimizing the impact on the existing natural drainage creek through the use of best management practices. TREE PRESERVATION: The property has a significant number of high quality trees along the drainage creek and around the pond. Although approximately 2.7 acres is proposed to be preserved as open space, development of lots 6 and 7 will encroach into environmentally sensitive areas requiring significant grading and removal of high quality trees. Staff recommends reconfiguring the development so as to minimize the impact on the environmentally sensitive areas encompassed by lots 6 and 7. The vegetation around the existing pond, along the creek and on the east side of the creek is very dense. To be used as a park the vegetation within these areas will need to be selectively thinned and maintained. These areas are currently almost inaccessible. P&Z ACTION: October 19, 2006; Approved (5-0) to table until the November 9, 2006 meeting. November 9, 2006; Approved (4-1) subject to Zoning and Development Plan Review Summary No. 3, dated November 3, 2006; regulations proposed; and, the applicant’s willingness to add a well in order to add water to the pond. COUNCIL ACTION: December 5, 2006; Approved (6-1) subject to applicant’s agreement to further study the setbacks on Lot 1, Block 1, and Lot 7, Block 2, on Kimball Avenue to set back further from the improved right-of-way; requiring the applicant to provide the trail; requiring that the pond be improved with fountains and landscaping; requiring the applicant to bring back wall along the creek and any improvements along the creek area and stating that Council is not approving the gabion system; requiring the plan to be as shown on the Development Features rendering showing a median break between Lots 1 and 7 at the entrance to the development; requiring applicant to protect the trees along the backs of Lots 6 and 7, Block 1; requiring wrought iron fencing along the north and south property lines in addition to those areas already depicted; requiring applicant to review moving the stub location at the end of Estancia approximately 20 feet to the east; requiring applicant to bring back a diagram of Lot 6; and subject to Development Plan Review Summary No. 3, dated November 3, 2006. Case No. Attachment A ZA06-131 Page 3 STAFF COMMENTS: Attached is a Zoning & Development Plan Review Summary No. 3, dated November 3, 2006. N:\Community Development\MEMO\2006cases\06-131ZDP.doc Case No. Attachment A ZA06-131 Page 4 Case No. Attachment B ZA06-131 Page 1 Case No. Attachment C ZA06-131 Page 1 Case No. Attachment C ZA06-131 Page 2 Case No. Attachment C ZA06-131 Page 3 Case No. Attachment C ZA06-131 Page 4 Case No. Attachment C ZA06-131 Page 5 Case No. Attachment C ZA06-131 Page 6 ZONING AND DEVELOPMENT PLAN REVIEW SUMMARY ZA06-131Three11/03/06 Case No.: Review No.: Date of Review: Zoning & Development Plan - Estancia at Southlake Project Name: APPLICANT: DEVELOPER: Sage Group Tejas Capital Partners 8445 Freeport Parkway Ste 660 Irving TX 75063 Phone: 972-929-8443 Phone: Fax: Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/27/06 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 JAY NARAYANA AT (817) 748-8070. 1. The minimum width required for a one-way divided roadway is 21’ without parking on either side. Please change plans to reflect this. All access and fire protection requirements are subject to City Fire Marshal approval. Contact David Barnes, Fire Marshal, at (817) 748-8233 if you have any questions regarding this requirement. INFORMATIONAL COMMENTS A fully corrected plan that includes all associated support plans/documents and conditions of * approval is required before any ordinance or zoning verification letter publication or before acceptance of any other associated plans for review. Plans and documents must be reviewed and stamped “approved” by the Planning Department. * All development must comply with the City’s Drainage Ordinance No. 605 and detain all post development run-off. 65 * It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. * 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 development 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. Case No. Attachment D ZA06-131 Page 1 Case NoReview No.Dated: Number of Pages: . ZA06-131 1_ 11/03/06 1 ___ ZA06-132 Project Name: Estancia at Southlake Comments due to the Planning Department _8/24/06 ContactPhone:Fax: : Julie Dove 817-748-8026 817-748-8027__ =========================================================================== The following comments are based on the review of plans received on 8/17/06 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== Park Board comments or recommendations: No comments Land/park dedication requirements: Requires payment of park dedication fees in the amount of $1500 per dwelling unit 14 lots x $1500 = $21,000 Pathway Comments: No comments Other informational comments? Case No. Attachment D ZA06-131 Page 2 Case No. ZA06-131 Review No. 2 Dated: 11/03/06 Number of 1 Pages: Project Name: Estancia at Southlake -- Zoning Change & Development Plan Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax(817) 748-8077 : Email: ctaylor@ci.southlake.tx.us The following comments are based on the review of plans received on 10/4/2006. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Provide all necessary easements for water, sewer and drainage. 2. The limits of the existing creek shall be located in a drainage easement. Label the proposed ‘Drainage Easement’ on the plat. * The curb return radius at the intersection of Kimball Avenue and Estancia Court shall be 30’ minimum. * Use the City of Southlake GPS monuments whenever possible. DRAINAGE COMMENTS: 1. What Drainage Area # is the remaining on-site drainage area (7.97 acres – 3.5 acres – 0.62 acre = 3.85 acres) shown on the Preliminary Drainage Plan? Where are the corresponding existing and proposed calculations for the 3.85 acres? * The 100 year floodplain shall be tied down on the final plat. Minimum FFEs shall be noted on the final plat for all lots adjacent to the floodplain. * Proposed driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. * This property drains into Critical Drainage Structure #14 and requires a fee to be paid prior to beginning construction ($222.80/acre). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: * Submit Civil construction plans to Public Works Administration. Ensure that plans conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website under Public Works~Engineering Design Standards. http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * A ROW 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’s Agreement will be required for this development and must be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be approved by Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated Ordinance No. 836. Case No. Attachment D ZA06-131 Page 3 * This review is preliminary. Additional requirements may be necessary with the review of construction plans. *=Denotes informational comment. Case No. Attachment D ZA06-131 Page 4 Case No Review No.Dated: Number of Pages: . 06-131 Three November 2, 2006 1 Project Name: Estancia at Southlake (Zoning Change – Development Plan) Comments due to the Planning Department: November 3, 2006_____ ContactPhone:Fax: : Keith Martin (817) 748-8229 (817) 481-5713 =========================================================================== The following comments are based on the review of plans received on October 2, 2006 . Comments designated with a number may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z or City Council. It is the applicant’s responsibility to contact the department representative shown above and make modifications as required by the comment. =========================================================================== TREE CONSERVATION COMMENTS: 1. The applicant has combined the previously shown Lots 6 and 7, into one single lot which is shown as Lot 6 on the current submitted Development Plan. Although the topography elevation of Lot 6 is low compared to the other lots within the proposed development, the combining of the lots should help preserve existing trees along the creek and within the south portion of Lot 6, adjacent to the proposed retention pond. Lot 6 will still need a considerable amount of fill dirt placed on it to provide a level area to build a house but retention walls will more than likely need to be utilized in order to preserve the existing trees within the east and south portion of the lot. * Denotes recommendations. Case No. Attachment D ZA06-131 Page 5 Surrounding Property Owners Estancia at Southlake Owner Zoning Land Use Acreage 1.Kimball Road LP I-1 Mixed Use 1.610 2.TXU Electric Delivery Co CS Public / Semi-Public 2.547 3.St. Laurence Episcopal Church CS Public / Semi-Public 5.354 4.Babaria, Amit & Gordhanbhai SF-1A Low Density Residential 1.031 5.James, David SF-1A Low Density Residential 0.961 6.Hillman, Luther AG Medium Density Residential 3.940 7.Taylor, Earnest AG Medium Density Residential 8.105 8.Episcopal Diocese of Ft. Worth AG Medium Density Residential 1.026 9.Peterson, Robbie Joan SF-1A Low Density Residential 0.515 10.Williams, Cleda SF-1A Low Density Residential 0.918 11.Germany, Karen & Brent SF-1A Low Density Residential 0.911 12.Scheibel, Tracy SF-1A Low Density Residential 1.038 13.Scheibel, Tracy SF-1A Low Density Residential 0.498 14.Azamar, Peter SF-1A Low Density Residential 0.666 15.Oates, Richard & Cindy SF-1A Low Density Residential 1.398 16.Azamar, Peter SF-1A Low Density Residential 0.380 17.Azamar, Peter SF-1A Low Density Residential 0.338 18.Gateway Church NR-PUD Mixed Use 6.614 19.Lela T Boyd Dynasty Trust AG Mixed Use 14.820 Case No. Attachment E ZA06-132 Page 1 Surrounding Property Owner Responses Estancia at Southlake Notices Sent: Sixteen (16) Responses Receive: Three (3)  DFW International Airport, letter received October 19, 2006 (please see attached)  support Mrs. Boyd, 600 N. Kimball Ave, letter in received November 29, 2006.  support Lou Hillman, 603 N. Kimball Ave, letter in received November 29, 2006. Case No. Attachment F ZA06-131 Page 1 Case No. Attachment F ZA06-131 Page 2 Case No. Attachment F ZA06-131 Page 3 Case No. Attachment F ZA06-131 Page 3 Case No. Attachment F ZA06-131 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-509 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 5A4, SITUATED IN THE SAMUEL FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN, INCLUDING “PUD” DEVELOPMENT STANDARDS, 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 “AG” Agricultural District under the City’s Comprehensive Zoning Ordinance; and Case No. Attachment G ZA06-131 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 ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed 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 Case No. Attachment G ZA06-131 Page 2 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 Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres, and more fully and completely described in exhibit “A” from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development District with “SF- 20A” Single Family Residential District uses as depicted on the approved Development Plan, including “R-PUD” development standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: 1. SECTION 2. Case No. Attachment G ZA06-131 Page 3 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 those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment G ZA06-131 Page 4 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 or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if 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. Case No. Attachment G ZA06-131 Page 5 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 5th day of December, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment G ZA06-131 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA06-131 Page 7 EXHIBIT “A” Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres. Case No. Attachment G ZA06-131 Page 8 EXHIBIT “B” Case No. Attachment G ZA06-131 Page 9 PROPOSED “R-PUD” USES & REGULATIONS Case No. Attachment G ZA06-131 Page 10 Case No. Attachment G ZA06-131 Page 11 Case No. Attachment G ZA06-131 Page 12 Case No. Attachment G ZA06-131 Page 13