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Item 7ACity of Southlake Department of Planning S T A F F R E P O R T April 26, 2006 ZA05-169 CASE NO: Zoning Change and Development Plan for Johnson Place PROJECT: REQUEST: Zoning change and development plan on approximately 43.42 acres from “AG” Agricultural District and “SF-1A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District. The plan proposes the development of 54 single family residential lots averaging 20,110 square feet, a gross residential density of 1.24 dwelling unit/acre and net density of 1.50 du/ac. There is 10.38 acres of open space (23.91% of the gross land area). Under the proposed “R-PUD” Residential Planned Unit Development district the applicant proposes the following uses and regulations: This Residential Planned Unit Development shall abide by the “SF-20A” Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended, with the following exceptions:  Lot Area: 15,000 square feet.  Front Yard: 35 feet, except lots in cul-de-sacs shall have a front yard setback of 30 feet.  Side Yard: 10 feet.  Side Yard Adjacent to a Street: 20 feet.  Lot Width: 80 feet.  Rear Lot Width: A rear lot width of 125 feet adjacent to certain lots shall not apply.  Buffer Lots: Buffer lots adjacent to certain lots shall not apply.  Curvilinear Street Design: A maximum street centerline of 1600 feet. Sidewalks: Sidewalks on both sides of street except when “Internal Project Trail” is shown (6 ft). The following changes have been made from the last submittal: Old Plan New Plan Buffer area adjacent to Randol Mill Ave ±60 ft No change Min building setback from Randol Mill Ave ±100 ft No change Street stubs into adjacent properties Provided street stubs No change into the northwest and west boundaries Number of Residential Lots 58 lots 54 lots Gross Density 1.34 du/acre 1.24 du/acre Net Density 1.61 du/acre 1.50 du/acre Number of Common Area Lots 15 No change Open Space 10.64 acres 10.38 acres % of Open Space 24.50% 23.91% Case No. ZA05-169 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading of zoning change and development plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Development Plan Review Summary No. 4, dated April 26, 2006 (D) (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-482 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA05-169 BACKGROUND INFORMATION OWNERS: Sunnybrook Properties, Inc. and Derrell & Kitti Johnson APPLICANT: Mady Development Corporation PROPERTY SITUATION: 2440 Johnson Rd. LEGAL DESCRIPTION: Tracts, 6B, 6D, 8, 8A, 8A2A, and 8A2B, J.J. Freshour Survey, Abstract No. 521; and Lot 1, Block 1, Johnson Place Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single Family Residential District REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: -A preliminary plat was approved by City Council for the Father Joe Addition on August 6, 1991. -A final plat was approved by City Council for Lot 1 of Father Joe Addition on August 6, 1991 as well. -City Council approved a final plat for Lots 2 & 3, Father Joe Addition on October 1, 1991. -A change of zoning from “CS” to “SF-1A” was approved by City Council on Lot 1, Father Joe Addition on January 6, 2004. -A plat revision was approved by City Council on December 16, 2003 for the Johnson Place Addition. TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: The Master Thoroughfare Plan recommends Randol Mill Avenue, or the future F.M. 1938 roadway expansion, to be an arterial street with 140 feet of right-of-way and Johnson Road to be 2-lane, undivided collector with 70 feet of right-of-way. Right-of-way will be dedicated for these roadways. Existing Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with Randol Mill Avenue (the future F.M. 1938 roadway expansion) to the east and one (1) street intersecting with Johnson Road to the south. Both Randol Mill Avenue and Johnson Road are currently 2-lane, undivided roadways. The north/south alignment of Randol Mill Avenue is planned to be a 4-lane, divided arterial street with 140 feet of right-of-way (the future F.M. 1938 roadway expansion). The future F.M. 1938 roadway will ultimately Case No. Attachment A ZA05-169Page 1 provide access to State Highway 114 to the north. May, 2005 traffic counts on Randol Mill Ave (between F.M. 1709 and Florence Rd) 24hr 4,0654,142 North Bound (NB) () South Bound (SB) () NB 373349 Peak A.M. () 7 – 8 a.m. Peak P.M. () 4 – 5 p.m. SB 350352 Peak A.M. () Peak P.M. () 7:45 – 8:45 a.m.4:30 – 5:30 p.m. Traffic Impact Use # Lots Vtpd* AM-AM-PM-PM- IN OUT IN OUT Single-Family Residential 54 517 10 30 35 20 *Vehicle Trips Per Day **The AM/PM times represent the number of vehicle trips generated during the peak travel times on Randol Mill Ave. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends an 8-foot multi-use trail along the creek that crosses a small part of the proposed subdivision on the west side of the development. Additionally, the subdivision ordinance requires minimum 4-foot wide sidewalks on both sides of the streets within the subdivision and must provide safe connections to City trails. The applicant is proposing a sidewalk and trail system as part of the development. WATER & SEWER: A 6-inch water line exists along the east side of Randol Mill Avenue. A 6- inch sanitary sewer line exists along the west side of Randol Mill Avenue. TREE PRESERVATION: Although I have not spoken to or met with the applicant, the submitted plan shows an excellent attempt in preserving as many quality trees as possible on a development site. The tree labeled “Post Oak Best Tree on Property” is actually a Blackjack Oak with a 50’ canopy spread and is proposed to be preserved within the round-a-bout median in the center of the right-of-way. The trees in the central portion of the property are all Hackberry, American Elm and Mulberry, and are in poor to fair condition. All of the trees along the two existing fence lines that run north and south splitting the three lots are small hackberry, bois-d- arc, cedar elm and other small native trees that have been suppressed and deformed by the overgrowth of grapevine and greenbrier. The best “Quality trees on the site are located within the far west portion of the property where there are three (3) stands of mostly Post Oaks that are proposed to be preserved in a large open space area. DRAINAGE ANALYSIS: The Johnson Place development drains in 4 directions. The eastern portion of the site drains to two (2) proposed detention ponds – one (1) at the northeast corner of the site adjacent to Randol Mill, and one (1) at the southeast corner Case No. Attachment A ZA05-169Page 2 of the development along Randol Mill. The outfall of the two ponds will be along the roadway of Randol Mill. The western portion of the site drains also drains to two (2) proposed detention ponds – one (1) at the southwest corner of the site near the park which will outfall directly into the creek, and one (1) at the southwest corner of the site closest to Johnson Road which will outfall at Johnson Road. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Davis Blvd/F.M. 1938 Corridor study area to include the following changes: Land Use Recommendations  Existing LUP Designation - Low Density Residential. The proposed development does not meet the criteria for LD-Residential. Definition of LD-Residential – “detached single-family residential development at a net density of one or fewer dwelling units per net acre”. The applicant has submitted a letter with justifications for the proposed land use. Environmental Resource Protection Recommendations  The Environmental Resource Protection Plan recommends the protection and enhancement of critical environmental and natural features, including trees and ponds. P&Z ACTION: February 23, 2006; Approved to tabled (6-0) until March 9, 2006. March 9, 2006; Approved (4-2) subject to the Concept Plan Review Summary No. 3 dated March 3, 2006 and the following conditions: 1) Deleting Lot 24, Block 1; 2) Requiring a temporary turn-around and easement at the terminus of Street F. 3) Subject to the commitments made by the developer in the letter to Hillside Court Homeowner’s Association dated February 20, 2006. 4) And subject to the developer’s commitment to aerate the ponds. COUNCIL ACTION: March 21, 2006; Approved to table to the April 4, 2006 meeting. April 4, 2006; Approved first reading (5-1) noting the applicant will come nd back on 2 Reading with a reduction of a minimum of five lots and will provide specific fence design standards; subject to Development Plan Review Summary No. 3, dated March 3, 2006; and noting that while this plan is non-compliant with our low density Land Use Plan designation, it follows the general idea of what Council wants on this site due to the open space, the reduction of lots, and the overall plan. April 18, 2006; Approved to table (6-0) until May 2, 2006. Case No. Attachment A ZA05-169Page 3 STAFF COMMENTS: Attached is Development Plan Review Summary No. 4, dated April 26, 2006. Please note that the Zoning and Development Plan as proposed is not compliant with the City’s Master Land Use Plan’s “Low Density Residential” Land Use Designation. A justification letter from the applicant is included as part of Attachment ‘C’. Any motion for approval of this item should include justification for non-compliance with the Land Use Plan. N:\Community Development\MEMO\2005cases\05-169ZDP.doc Case No. Attachment A ZA05-169Page 4 Case No. Attachment B ZA05-169Page 1 PREVIOUSLY SUBMITTED 58-LOT DEVELOPMENT PLAN Case No. Attachment C ZA05-169Page 1 REVISED 54-LOT DEVELOPMENT PLAN Case No. Attachment C ZA05-169Page 2 Case No. Attachment C ZA05-169Page 3 Case No. Attachment C ZA05-169Page 4 Case No. Attachment C ZA05-169Page 5 Case No. Attachment C ZA05-169Page 6 Case No. Attachment C ZA05-169Page 7 Case No. Attachment C ZA05-169Page 8 DEVELOPMENT PLAN REVIEW SUMMARY ZA05-169Four04/26/06 Case No.: Review No.: Date of Review: Project Name: Zoning and Development Plan for Johnson Place APPLICANT: ARCHITECT: Mady Development Corporation Sage Group, Inc. Phone: Phone: (972) 929-8443 Fax: Fax: (972) 929-1241 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/24/06, 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 DENNIS KILLOUGH AT (817) 748-8069. 1.The following changes are needed regarding streets: a.Staff recommends street stubs be centered into the boundaries of the properties to the SE and SW. b.Staff recommends that the street stub into the northwest boundary be shifted west to abut the northwest corner of the development boundary. This recommendation is based on existing tree cover, the location of the existing tract boundaries to the north and existing improvements on the northern property. * Please note that dedication of ROW will be required in accordance with the MTP and TXDOT Davis/FM1938 extension plans at the time of subdivision platting. 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. * The applicant should be aware that prior to issuance of a construction permit a Preliminary Plat, Plat Vacation of Johnson Place Addition, Final Plat, Construction Plans, Developer’s Agreement must be processed and approved 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. Prior to a building permit the subdivision public improvements must be accepted by the City and the Final Plat filed in the County Plat Records. * Denotes Informational Comment Case No. Attachment D ZA05-169Page 1 Case No Review No.Dated: Number of Pages: . 05-169 _Two_ February 17, 2006 1 ___ Project Name: Johnson Place (Zoning Change & Development Plan) Comments due to the Planning Department: February 14, 2006_____ ContactPhone:Fax: : Keith Martin (817) 748-8229__________ (817) 481-5713___________ =========================================================================== The following comments are based on the review of plans received on February 6, 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 =========================================================================== Are the bufferyards correctly shown and labeled? 1. Yes, a 15’ type Q bufferyard is proposed along Randol Mill Ave. Is a tree survey required? * Yes, a tree survey of the property was provided. TREE PRESERVATION COMMENTS: 1. Although I have not spoken to or met with the applicant, the submitted plan shows an excellent attempt in preserving as many quality trees as possible on a development site. The tree labeled “Post Oak Best Tree on Property” is actually a Blackjack Oak with a 50’ canopy spread and is proposed to be preserved within the round-a-bout median in the center of the right- of-way. The trees in the central portion of the property are all Hackberry, American Elm and Mulberry, and are in poor to fair condition. All of the trees along the two existing fence lines that run north and south splitting the three lots are small hackberry, bois-d-arc, cedar elm and other small native trees that have been suppressed and deformed by the overgrowth of grapevine and greenbrier. The best “Quality trees on the site are located within the far west portion of the property where there are three (3) stands of mostly Post Oaks that are proposed to be preserved in a large open space area. Case No. Attachment D ZA05-169Page 2 Surrounding Property Owners Johnson Place Owner Zoning Land Use Acreage 1.Richardson, Anna Leslie SF-1A Low Density Residential 1.0 2.Berkenbile, Stephen & Janet SF-1A Low Density Residential 1.0 3.Garrett, Ross W & Karen L SF-1A Low Density Residential 0.974 4.Ewan, John D Jr & Lynn SF-1A Low Density Residential 1.0 5.Gallagher, John & Yvette SF-1A Low Density Residential 1.034 6.Mower, Stephen C & Paula T SF-1A Low Density Residential 0.990 7.Cunningham, Robert R & Beth SF-1A Low Density Residential 1.007 8.Geist, John J & Pilar D SF-1A Low Density Residential 1.034 9.Smart, Vole W & Beverly SF-1A Low Density Residential 1.073 10.Johnson, Derrell & Kitty SF-1A Low Density Residential 1.3 11.Johnson, Derrell E SF-1A Low Density Residential 18.462 12.Smith, Edward C & Tracy R-PUD Medium Density Residential 0.344 13.Williams, Robert & Mai F R-PUD Medium Density Residential 0.344 Case No. Attachment E ZA05-169Page 1 14.Fore, Stan & Lisa R-PUD Medium Density Residential 0.344 15.Milke, Keith E & Dina M R-PUD Medium Density Residential 0.344 16.Guy, Bradley C & Meredith A R-PUD Medium Density Residential 0.344 17.Holbert, Barbara A & Andrew R-PUD Medium Density Residential 0.344 18.Chaturvedi, Purnima & Sanjeev R-PUD Medium Density Residential 0.344 19.Rodriguez, J Hector & Rebecca R-PUD Medium Density Residential 0.344 20.Stiller, Robert A Jr & Jane R-PUD Medium Density Residential 0.344 21.Quintanilla, Jose & Ana R-PUD Medium Density Residential 0.343 22.Lee, Jae Y & J Lee R-PUD Medium Density Residential 0.442 23.Purvis, Willis N & Avis SF-1A Low Density Residential 1.747 24.Bishop, Paul H SF-1A Low Density Residential 1.315 25.McFadden, John L SF-1A Low Density Residential 1.377 26.Bryant, Kreg & Tambra SF-1A Low Density Residential 0.659 27.Weinstein, R A & Michelle SF-20A Low Density Residential 1.209 28.Trailhead HOA SF-20A Medium Density Residential 2.735 29.Dickerson, Donald F SF-20A Medium Density Residential 0.577 30.Denkeler, Michael L SF-20A Medium Density Residential 0.459 31.White, Paul E & Janice D SF-20A Medium Density Residential 0.478 32.Thompson, Herlinda SF-20A Medium Density Residential 0.463 33.Ott, Rick A & Debra SF-20A Medium Density Residential 0.463 34.McDuff, Frank M Jr & M C SF-20A Medium Density Residential 0.460 35.Beaudry, Bart & Elizabeth SF-20A Medium Density Residential 0.554 36.Adelaar, Glenn & Rowena A SF-20A Medium Density Residential 0.545 37.Fred Joyce-Mary Myers Ent Inc R-PUD Low Density Residential 2.0 38.Rowsey, Bryan M & Christy AG Low Density Residential 0.682 39.Potysman, Mary Noble AG Low Density Residential 4.508 40.Thorne, Kenneth L & Rebecca AG Low Density Residential 10.0 41.Johnson, G K AG Low Density Residential 1.67 42.Johnson, D E AG Low Density Residential 0.50 43.Johnson, G K AG Low Density Residential 1.0 44.Johnson, D E AG Low Density Residential 2.9 45.Sunnybrook Properties, Inc AG Low Density Residential 11.1 46.Sunnybrook Properties, Inc AG Low Density Residential 2.7 47.Johnson, G K AG Low Density Residential 0.597 48.Johnson, D E AG Low Density Residential 0.06 49.Johnson, Derrell E AG Low Density Residential 7.3 50.Zamores, Francisco S AG Low Density Residential 2.0 51.Warner, Jesse & Sue AG Low Density Residential 2.25 52.Hookstratten, Joanna AG Low Density Residential 1.1 53.Tarrant County AG Low Density Residential 2.292 54.Hookstratten, Joanna AG Low Density Residential 0.88 55.Hookstratten, Joanna AG Low Density Residential 0.791 Case No. Attachment E ZA05-169Page 2 Surrounding Property Owner Responses Johnson Place Notices Sent: Forty-Seven (47) Responses Received: Two (2) Name Address Received Dave Ewan 2305 Hillside Ct. March 9, 2006 Joanna Hookstratten 2360 Johnson Rd March 22, 2006 Case No. Attachment F ZA05-169Page 1 Case No. Attachment F ZA05-169Page 2 Case No. Attachment F ZA05-169Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-482 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 TRACTS, 6B, 6D, 8, 8A, 8A2A, AND 8A2B, SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 521 AND LOT 1, BLOCK 1, JOHNSON PLACE ADDITION, BEING APPROXIMATELY 43.40 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE FAMILY RESIDENTIAL 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 and Case No. Attachment G ZA06-169 Page 1 “SF-1A” Single Family Residential District under the City’s Comprehensive Zoning Ordinance; and WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas 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, Case No. Attachment G ZA06-169 Page 2 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 Tracts 6B, 6D, 8, 8A, 8A2A, and 8A2B, situated in the J.J. Freshour Survey, Abstract No. 521 and Lot 1, Block 1, Johnson Place Addition, an addition to the City of Southlake, as recorded in Cabinet ‘A’, Slide 8948, Plat Records, Tarrant County, Texas, being approximately 43.40 acres, and more fully and completely described in exhibit “A” from “AG” Agricultural District and “SF-1A” Single Family Residential District to “RPUD” Residential Planned Unit Development District with “SF-20A” Single Family Residential District uses as depicted on the approved Development Plan, including “RPUD” development standards, attached hereto and incorporated herein as Exhibit “B”, and subject to the following specific conditions: Case No. Attachment G ZA06-169 Page 3 1. 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, Case No. Attachment G ZA06-169 Page 4 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 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 Case No. Attachment G ZA06-169 Page 5 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 ________, 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 ZA06-169 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment G ZA06-169 Page 7 EXHIBIT “A” Being Tracts 6B, 6D, 8, 8A, 8A2A, and 8A2B, situated in the J.J. Freshour Survey, Abstract No. 521 and Lot 1, Block 1, Johnson Place Addition, an addition to the City of Southlake, as recorded in Cabinet ‘A’, Slide 8948, Plat Records, Tarrant County, Texas, being approximately 43.40 acres: **insert M&B** Case No. Attachment G ZA06-169 Page 8 EXHIBIT “B” Case No. Attachment G ZA06-169 Page 9 Case No. Attachment G ZA06-169 Page 10