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Item 8CCity of Southlake Department of Planning STAFF REPORT April 26, 2006 CASE NO: ZA05 -164 PROJECT: Zoning Change and Development Plan for a portion of Lot 1, Block 1, Arnold Estates REQUEST: On behalf of Mills Custom Homes Jay Wasserman is requesting approval of a zoning change from "RE" Single Family Residential Estate District to "R -PUD" Residential Planned Unit Development District and an associated development plan on approximately 3 acres. This 3 acre tract is the remaining portion of a total 5 acre platted lot that was subdivided by metes and bounds in June of 1997 without filing an approved plat. This property and the other 2 acres have been sold to two different parties other than the party which may have engaged in the act of subdivision. The 3 acres does not comply with the minimum 5 acre lot area requirement of the "RE" district and must be rezoned to allow for a replat to be processed. A two lot plat revision will be presented for consideration in conjunction with this request should it be forwarded for a second reading by the City Council. The proposed lots are approximately 1.63 acres and 1.34 acres. This Residential Planned Unit Development shall abide by the "SF -IA" Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended with the following exceptions: Open Space - 20 percent open space placed within a preservation easement. The preservation easement will only permit residential driveways, fencing /walls and entry gates within the area. Minimum Lot Area — 1.3 acres Minimum Floor Area — 4,000 square feet Maximum Accessory Buildings — 2 with total area of 2,500 square feet. Minimum Masonry Standard — 80% Masonry or true stucco The initial request was approval of a zoning change from "RE" Single Family Residential Estate District to "SF- IA" Single Family Residential District. The Planning & Zoning Commission recommended denial of the zoning change request on March 9, 2006. The City Council remanded the item back to Planning & Zoning Commission, accepting the applicant's request to amend their request to an RPUD zoning change, with the knowledge that a text amendment to Section 30, Planned Unit Development District in the Comprehensive Zoning Ordinance No. 480 would allow a minimum gross land area of one (1) acre for a PUD District that is developed primarily for residential uses. The text amendment was approved by City Council on April 4, 2006. Case No. ZA 05 -164 ACTION NEEDED: Consider first reading of zoning change and development plan approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Background Information Vicinity Map Plans and Support Information Development Plan Review Summary No. 2, dated April 26, 2006 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -484 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 05 -164 BACKGROUND INFORMATION OWNER: Mills Custom Homes APPLICANT: Jay Wasserman PROPERTY SITUATION: 520 W. Highland Street LEGAL DESCRIPTION: Portion of Lot 1, Block 1, Arnold Estates LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "RE" Single Family Residential Estate District REQUESTED ZONING: "R -PUD" Single Family Residential District HISTORY: -A change of zoning to "RE" was approved by City Council on January 2, 1990. -City Council approved a preliminary plat for Arnold Estates on December 19, 1989. -A final plat was approved by City Council on February 20, 1990. TRANSPORTATION ASSESSMENT: Case No. ZA 05 -164 Master Thoroughfare Plan The Master Thoroughfare Plan recommends W. Highland Street to be a 2 -lane, undivided collector roadway with 70 feet of right -of -way adjacent to this site. Adequate right -of -way dedication will be required with a plat revision. Existinz Area Road Network and Conditions The lot has direct access onto W. Highland Street. Currently, W. Highland Street is a 2 -lane, undivided roadway. The capacity of the existing roadway is approximately 8,400 vehicle trips per day. Under this condition, the roadways would be considered to operate under a level of service `D'. This development is not expected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for W. Highland Street. May, 2005 traffic counts on W. Highland St (between Shady Oaks & White Chapel Blvd 24hr West Bound (WB) (1,252) East Bound (EB) (1,425) WB Peak A.M. (139) 7:45 - 8:45 a.m. Peak P.M. (164) 2:45 - 3:45 p.m. EB Peak A.M. (280) 7:45 - 8:45 a.m. Peak P.M. (187) 2:45 - 3:45 p.m. Attachment A Page 1 Traffic Impcaet PATHWAYS MASTER PLAN: Use # Lots Vtpd* AM- AM- PM- PM- IN OUT IN OUT Number of Single- Family 3 29 1 2 2 1 Residential Lots *Vehicle Trips Per Day "The The AM /PM times represent the number of vehicle trips generated during the peak travel tunes on W. Highland Street. The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements adjacent to this site. WATER & SEWER: A 6 -inch water line exists along the south side of W. Highland Street. No sanitary sewer lines exist in the immediate area. The proposed lot sizes permit the use of private sewer systems. TREE PRESERVATION: The Landscape Administrator has no comments for this item. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Areas B, E, & F study area to include the following changes: Land Use Recommendations • Existing land use designations — Low Density Residential. The proposed development complies with the Low Density Residential land use designation. Environment Resource Recommendations • Preserve trees to the maximum extent feasible. Buildings must be located on the site to maximize tree preservation. P &Z ACTION: March 9, 2006; Recommended denial (6 -0). COUNCIL ACTION: March 21, 2006; Remanded back to the Planning and Zoning Commission P &Z ACTION: April 20, 2006; Approved (4 -0) limiting the R -PUD to a one building lot with front 20% designated as a preservation area as presented, indicating the trees in 20% preservation area remain as is, except for in cases of disease or safety reasons, and to allow fencing and driveways in that area if needed. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated April 26, 2006. NXommunity Development \MEMO \2005cases \05- 164Z.doc Case No. Attachment A ZA 05 -164 Page 2 Vicinity Map Portion of Lot 1, Block 1, Arnold Estates N �, 7 E Case No. Attachment B ZA 05 -164 Page 1 1000 0 1000 2000 3000 Feet LM Nt - LIR - Z609L SWU'WHNOS 5tlX�1'�11�1tiL�05 'd2�edS 9Ny'i1i911; d5 V 311HS • aVON - UdVHO 31114M - S ZOZI z lwecw.n ar.,aso w+,« � � W W6 I E € 0 X I � Y g < 4 of QnwN `" R rc,°to4 o 4 � 3�QVr F gg ��`�3 I -- --- �Eo`e vd ®vim ®m ® ®em ®mm ®. / a 1 a.swave /I p 1 0 I 4 I \ \ \\ _� I I I I � • \ + I aq i \ 1 \ I I - ------------------ 3 1 — --- -------- g � i - - - -- -------- -- - _ - -- _ - - -_- I / \ I 1 e � / I i � I i � ♦ f e + � e _ _ Case No. ZA 05 -164 Bf 1� �z � O N �o I� N t1 d m � � a U - �. 0 1 Q Q CID CD GQ cl- I� tr I�c4 StE w K' p l Q 3 S n V d : S'W f I� I,g 4� I Attachment C Page 1 m ffi N x x � �1• < w� Q R � � W W6 I E € 0 X I � Y g < 4 of QnwN `" R rc,°to4 o 4 � 3�QVr F gg ��`�3 I -- --- �Eo`e vd ®vim ®m ® ®em ®mm ®. / a 1 a.swave /I p 1 0 I 4 I \ \ \\ _� I I I I � • \ + I aq i \ 1 \ I I - ------------------ 3 1 — --- -------- g � i - - - -- -------- -- - _ - -- _ - - -_- I / \ I 1 e � / I i � I i � ♦ f e + � e _ _ Case No. ZA 05 -164 Bf 1� �z � O N �o I� N t1 d m � � a U - �. 0 1 Q Q CID CD GQ cl- I� tr I�c4 StE w K' p l Q 3 S n V d : S'W f I� I,g 4� I Attachment C Page 1 m ffi � � W W6 I E € 0 X I � Y g < 4 of QnwN `" R rc,°to4 o 4 � 3�QVr F gg ��`�3 I -- --- �Eo`e vd ®vim ®m ® ®em ®mm ®. / a 1 a.swave /I p 1 0 I 4 I \ \ \\ _� I I I I � • \ + I aq i \ 1 \ I I - ------------------ 3 1 — --- -------- g � i - - - -- -------- -- - _ - -- _ - - -_- I / \ I 1 e � / I i � I i � ♦ f e + � e _ _ Case No. ZA 05 -164 Bf 1� �z � O N �o I� N t1 d m � � a U - �. 0 1 Q Q CID CD GQ cl- I� tr I�c4 StE w K' p l Q 3 S n V d : S'W f I� I,g 4� I Attachment C Page 1 Case No. Attachment C ZA 05 -164 Page 2 e 0 0 o � - ct Q = a z N pp pp Ld — L A —y� 7 g � LL l u Urn 0 .; c 1 ; Case No. Attachment C ZA 05 -164 Page 2 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA05 -164 Review No.: Two Date of Review: 04/26/06 Project Name: Development Plan — Wasserman Residence APPLICANT: ARCHITECT: Blake Architects Jay Wasserman Skip Blake 1202 S. White Chapel Blvd, Suite A Southlake, TX 76092 Phone: Phone: (817) 488 -9397 Fax: Fax: (817) 251 -3205 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/20/06 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 OR BEN BRYNERAT (817) 748- 8602. Place the City case number "ZA05 -164" in the lower right corner. 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. 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 filly 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. Case No. ZA 05 -164 Attachment D Page 1 Surrounding Property Owners Portion of Lot 1, Block 1, Arnold Estates 12 01 10 Owner Zoning Land Use Acreage 1. Gray, Robert & Sara SF -lA Low Density Residential 2.0 2. Gaines, Robert & Beverly SF -lA Low Density Residential 2.34 3. Marks, William & Jill SF -lA Low Density Residential 2.0 4. Arnold, Mary Mills Custom Homes RE Low Density Residential 5. Gray, Robert & Sara RE Low Density Residential 6. Bredenberg, R D & Diane SF -lA Low Density Residential 4.708 7. Keene, J Randall & Terri SF -lA Low Density Residential 4.99 8. Fleps, John J & Petronella Low Density Residential 1.64 9. Williamson, Ray & Vicki SF -lA Low Density Residential 2.33 10. Raley, Timothy & Jennie AG Low Density Residential 1.0 11. Seebeck, Doreen L AG Low Density Residential 2.0 12. Raley, Timothy & Jennie AG Low Density Residential 2.0 Case No. ZA 05 -164 Attachment E Page 1 Surrounding Property Owner Responses Portion of Lot 1, Block 1, Arnold Estates Notices Sent: Ten (10) Responses Received: Two (2) • Timothy Raley, 440 W. Highland St, filed an official opposition petition with the City on March 7, 2006 • Bob Kemins, 605 W. Highland St., submitted a letter in support of the case on March 20, 2006. • Timothy Raley, 440 W. Highland St, filed a second official opposition petition to the revised zoning request (R -PUD) on April 20, 2006. Case No. ZA05 -164 Attachment F Page 1 Property Owner Response F'orin Reference: ZA 0 .� — I � I SoctiTI4 L A�£ i `I � -7 & AC T Being the owner(s) of the property so noted, do hereby favor / pose ircle or underline one) the proposed rezoning of the above referenced property. Signature Return or Mail to: City of Southlak.e Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 REGID ;) R 0 'f, 0,�06 NACommunity Development \RAP- FILFS\FDRMSofifcial petition.doc Date Case No. Attachment F ZA05 -164 Page 2 Property Qwne.'i• Response Form Reference: ZA cp - — J � lj C' Being the owner(s) of the property so noted, do hereby , favor / ppos circle or underline one) the proposed rezoning of the above referenced property, Signature Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 41i . , a o N:1Community Development \WP- FILESIFORIAs %of[icial petidon.doc Date Case No. Attachment F ZA05 -164 Page 3 Page I of 1 Lorrie Fletcher From: Sent: Friday, March 17, 2006 8:55 PM To: Planning Subject: Email sent from City of Southlake Web Site Name: Bob K.emins Phone: 817 -715 -1169 Email: Comments: Dear Mayor Wambsganss and City Council Members: I understand that at your March 24, 2006, meeting you will be voting on a request by Tina and Jay Wasserman for a rezoning of their property located 520 West Highland Street. Our family has lived in Southlake since April of 2000. Business commitments prevent me from attending your meeting in person, but I did want to express my support for their proposal. We have known the Wassennan's for the past two years since our daughters began attending Durham Elementary School. In addition my wife has worked closely with Tina on a number of PTO projects. The Wassermans are warm and friendly people who are an asset to our community. It is my understanding that they want to subdivide their existing 3 acres into two 1.5 acre parcels. Let me say 1 see no problem with this what so ever and believe you should vote in favor of it.1 should also point out that we live diagonally across from the property in question. Frankly I am not sure why anyone would be against their proposal. You don't have to be a zoning expert to see the changes taking place along the Shady Oaks /Highland Street corridor. In my discussions with the Wasserman's they have told me they intend to build a single story house on the half of the parcel they plan to live on and keep as many of the tress and foliage as possible. Nothing they have told me makes me think that what they want to do would hurt the neighborhood in any way. Indeed one has to admit there is a fairly random collection of housing styles along West Highland Street. While the people who own it seem quite nice, I fail to see how the Wasserman's could be turned down, while at the same time the freakishly large edifice across the street from them (525 West Highland Street) was permitted to be built. Also along Shady Oaks are small houses on large lots, a for profit riding school (480 West Highland Street), another house undergoing renovations where they are adding basically another entire house on to the structure (300 West Highland Street) and finally the always picturesque trailer park at the corner of White's Chapel and Highland. In addition if I recall my SPIN news correctly, there is an 11 acre property that is being subdivided (331 West Highland Street), The Wasserman's are not real estate developers; they are a family who only want to be able to use the property they own in an economically feasible way that I believe will also benefit the neighborhood. I thank you in advance for your time. Again I would urge you to vote in favor of the Wasserman's request. Also, please feel free to contact me if you need any additional information. Bob Kemins 605 West Highland Street 817 -424 -3169 (home) 817- 715 -1169 (cell) ,n 0 21 , 306 3/20/2006 Case No. ZA05 -164 Attachment F Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -484 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 LOT 1, BLOCK 1, ARNOLD ESTATES, BEING APPROXIMATELY 2.96 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, 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 "RE" Single Family Residential Case No. Attachment G ZA05 -164 Page 1 Estate 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 ZA05 -164 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 a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.96 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Development Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit `B ", and subject to the following specific conditions: Case No. ZA05 -164 Attachment G 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. Case No. Attachment G ZA05 -164 Page 4 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 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 Case No. ZA05 -164 Attachment G Page 5 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 , 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 ZA05 -164 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -164 Attachment G Page 7 101 Being a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.96 acres. OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, Mills Custorn Hornoa, Inc., Is the solo owner of a portion of Black 1, Lot 1 situated in the Arnold Estates Addition to the City of Southicka, Tarrant County, Texea, nccordinq to the deed recorded In Volurne 16133, Page 397, DRTC, and Cabinet A, Slide 387 PRTCT, and morn particularly described as follows: BEING n portion of Lot T. Block 1, Arnold Estates, recorded In Volume 15153, Page 397, and CoWnet A. Slide 387, Flat Records Tarrant County, Texas, also known as Black 1, Lot 1A, Tarrant Appraisal District and being de, r-Kbad by metes annd Mends m folloyra: BEGINNING at a i' iron pin In the present north rfgbt --of —gray line of West Highland Road, being the southeast comer of this tract; THEINC.E South 891'32'40" West along the north right --of —way lane of West Highland Road 344..79 feet to a P iron rod for the southwest corner of this tract; THENCE North C(Y25'21" West, 374.68 feet to a k iron pin f<or the northtnst comer of this tract; THENCE South OV 18'33" East. 373.39 #set to the, poirit of beginning and containing 129.068.280 square feat or 2.963 acres of land. Case No. Attachment G ZA05 -164 Page 8 L626 -M -LIR • Z609L Sq %31 "3MlIHNDS V 31inS • IWON - OdtlHO 316. -S j �ij Q F z 00 a 9 r � z .. Fi o w V k K u3 ti ��YY�I�� � p Q F z g� s 00 a 9 r � z .. 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