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Item 8BCity of Southlake Department of Planning STAFF REPORT February 15, 2006 CASE NO ZA0_5 -154 P ROJECT: Zoning Change and Concept Plan for Hawthorne Place REQUEST: On behalf of Louie & Mary Barker, J.D. Tanner & Associates, and James & Vanessa Loggins, Terra Land Management Co. is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -20A" Single Family Residential District. The plan proposes the development of 16 new residential lots on approximately 10.26 acres. ACTION NEEDED: Consider approval of first reading for zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated February 3, 2006 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -479 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 05 -154 BACKGROUND INFORMATION I A ►1 APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA 05 -154 Louie & Mary Barker and J.D. Tanner & Associates Terra Land Management Co. The property is located at 515, 545 & 565 Randol Mill Avenue Tracts lE, lEl, 1131, and a portion of Tract 1D2, situated in the B.J. Foster Survey, Abstract No. 519 Low Density Residential "AG" Agricultural District "SF -20A" Single Family Residential District There is no development history on this property. A house currently exists on one of the properties and is planned to be removed. Master Thoroumhfrtre Plan The Master Thoroughfare Plan recommends Randol Mill Avenue, or the future F.M. 193 8 roadway expansion, to be an arterial street with 140 feet of right -of- way. Existinz 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 west. The subdivision is also providing a street stub into the property to the north. Randol Mill Avenue is currently a 2 -lane, undivided roadway. 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. 193 8 roadway expansion). The future F.M. 1938 roadway will ultimately 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 North Bound (NB) 4,065 South Bound (SB) 4,142 NB Peak A.M. 373 7 - 8 a.m. Peak P.M. 349 4 - 5 p.m. SB Peak A.M. 350 7:45 - 8:45 a.m. Peak P.M. (352) 4:30 - 5:30 p.m. Attachment A Page 1 Traffic Impact Use Lots Vtpd* AM- IN AM- OUT PM- IN PM- OUT Single-Family Residential 16 153 3 9 10 6 *Vehicle Trips Per Day * *The AMIPM 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 western edge 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. 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: From the City's aerial photographs there looks to be only two quality trees existing on the entire property. These trees are located within the right -of -way of Randol Mill Avenue and on Lot 1. The tree on Lot 1 should not be affected by the construction of a house. DRAINAGE ANALYSIS: Drainage from this development will flow to the proposed detention pond on the south side of Hawthorne Court, and will ultimately be released into the existing storm sewer system in Myers Meadow. 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 comprehensive plan amendment application to change the land use designation. Mobilitv Plan Recommendations The trail on Randol Mill needs to be indicated on the plan. Sidewalks should be provided along Hawthorne Court and North Road. The Mobility and Master Thoroughfare Plan recommends connected residential streets and discourages cul -de -sacs. Although Hawthorne Court ends in a cul -de -sac, the revised plan provides connectivity to the north. Environmental Resource Protection Recommendations Case No. Attachment A ZA 05 -154 Page 2 The Environmental Resource Protection Plan recommends the protection and enhancement of critical environmental and natural features, including trees and ponds. The proposed development does not protect the existing ponds and trees on the site. An alternative site design that preserves these features and uses them as an asset to the development (such as in the form of preserved open space /small park) should be considered. P &Z ACTION: January 19, 2006; Approved to table (7 -0) indefinitely. February 9, 2006; Approved (5 -0) subject to Concept Plan Review Summary No. 3, dated February 3, 2006 and accepting the applicant's willingness to limit any fencing to wrought iron. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated February 3, 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. M \Coimnunity Development \MEMO \2005cases \05- 154ZCP.doc Case No. ZA 05 -154 Attachment A Page 3 Vicinity Map Hawthorne Place Tracts 1 E 1 E1 , 1 D1, & part of Tract 1 D2 B.J. Foster survey, Abstract No. 519 Case No. Attachment B ZA 05 -154 Page 1 1004 0 1444 2444 3404 Feet Aw Y� ��` � Wn� C lid Ed UII - --- — — — — — — :77 COD � Aiu) oo mow_ 4 g i st j JI It 16-1 L6 4 �� ,.. -FT-S IL A --40 0 � �_= �� gg 0 0"S Q u-w.— CDC) W)MgA V TTIN 70CrMVH �e AIL �� f Case No. ZA 05-154 pgpy "gig fl Attachment C Page 1 �e AIL �� f Case No. ZA 05-154 pgpy "gig fl Attachment C Page 1 January 24, 2006 Mr. Dennis Killough Sr. Planner City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Hawthorne Place Dear Dennis, As we studied the development possibilities for these three tracts A 1?, F) that make up Hawthorne Place, I first looked at the area and land surrounding them, There are a lot of tracts of land fronting on Randol Mill Avenue that will be redeveloped at some time. These three tracts are each 4, 4 and 2 acres and are roughly 170' north and south by 1000' east west. We first started looking at the planning area (approximately 35 acres) which I believe is generally Randal Mill Avenue on the west; Myers Meadow on the south and east. The north planning boundary should be Gifford Court. Randol Mill Avenue is currently being expanded to a major FM roadway and would serve as a defined boundary line. This along with the city's commitment not to allow commercial all along the road gives the west boundary of the planning area a definite land use break. The land use of low density west of Randoll Mill will not be affected by the land use east of the read. Myers Meadow is a beautiful master planned PD community with lots from 13,000 SF and 20,000 SF. All Myers Meadow lots back up to this planning area and will at best back to any new development. I chose Gifford Court as the north boundary because this road gives access to an industrial use. This industrial use serves as a major non - conforming use and boundary on the east. The undeveloped land (about 11 acres) south of Gifford court has the industrial on the east and access to the industrial on it's north. This tract is not adjacent to any developed low density housing. This planning area is also basically unplatted and unzoned since it has not been recently developed. It is prime for redevelopment. The influences that will affect the land use are mostly physical. Certainly with Randol Mill on the west and adjacent to most of the planning area, noise from the road will affect the value and land use. This area will be a good buffer for the existing homes to the east. Nowhere in this planning area are low density homes adjacent to these tracts. RECD I A � TERRA LAND MANAGEMENT, INC. 395 W. NORTHWEST PARKWAY (HWY. 114) • SUITE 300 ^ SOUTHtAKE, TX 75092 • OFFICE. (817) 410 -9201 + FAX. (817) 410 -9205 C_�CCP CC7 � Case No. Attachment C ZA 05 -154 Page 2 Mr, Dennis Killough Senior Planner City of Southlake January 24, 2006 Wage Two The topography is generally flat with few trees. This will not effect the planning to any great extent. The industrial park and the convenience/gas station are two non - conforming uses that greatly affect the best land use for the property and do not conform to the land use plan. Large, high value homes do not sell when adjacent to non - residential uses. Buffer land uses are a better planning tool. You would not build 1 acre lots as a buffer. This supports the request for medium density land use as a buffer for the existing homes. As always, I appreciate your consideration and assistance. Please contact one if you have any questions at all. Sincerely, ul Sp .n President RECD J A N C? 0 (9 — coo l Case No. ZA 05454 Attachment C Page 3 City of Southlake Page ] of 1 1 X Y 1. /J -e Rd ti�:.•r� ry U• l _ 47! l DISCLAIMER This data has been compiled for the City of Southlake City City of Southlake . Main Street Various official and unofficial sowceswere used to - Southlake, TX 75692 City of Southlake gather this Information Every effort was made So • ensure the accuracy of this data, however, no 1123r2OO6 guarantee is given or implied as to the accuracy of said data. REO J 1 ,f CrC(a — C)C� http:firrtaps.ci.sc►►t � t�.usl arint.asp ?Coiauiiand 7OONUN&ExtentLef = 23707.74 &E.xte .. 11 1 1c . ..,......_ ., . i u —, L MA i .I't —Iti its= I A) 1 /44`(3 : \[C .. I .. Case No. Attachment C ZA 05 -154 Page 4 Table 1: Future Land Use Map Amendrnent Table Tract Owner Name & Address Existing Proposed Existing Proposed Existing Use Proposed Use Land Use Land Use Acres Zoning Zoning A Valene Clark 755 Randol Mill Ave. LD Residential MD Residential 11 AG 1 Residence B M R & Evelyn Foundation 635 Randol Mill Ave. LD Residential MD Residential 10 AG 1 Residence B-1 MR & Evelyn Foundation 575 Randol Mill Ave. LD Residential MD Residential 1 SFiA 1 Residence G Roger Haverkamp 585 Randal Mill Ave. LD Residential MD Residential 1 C2 GaslConvenience Store "D Louis & Mary Barker 565 Randol Mill Ave. LD Residential MD Residential 4 AG SF20A 1 Residence "E J, D. Tanner & Associates 515 Randol Mill Ave. LD Residential M17 Residential 4 AG SF20A AG •F James &. Vanessa Logging 545 Randol Mill Ave. LD Residential MD Residential 4 AG SF20A 1 Residence 2 Acres Total Acres 35 re a :J �+ dv L w C] a Case No. Attachment C ZA 05 -154 Page 5 PLAT REVIEW SUMMARY Case No.: ZA05 -154 Review No.: Three Project Name: Zoning Change /Concept Plan — Hawthorne Place Date of Review: 02/03/06 APPLICANT: Terra Land Development ENGINEER: DeOtte, Inc. Paul Spain Rich DeOtte 395 W. Northwest Pkwy, Suite 300 2553 East Loop 820 North Southlake, TX 76092 Fort Worth, TX 76118 Phone: (817) 410 -9201 Phone: (817) 589 -0000 Fax: (817) 410 -9205 Fax: (817) 590 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/23/06 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748 -8602. 1) The following changes pertain to general information items needed on the plat: a) Correct the vicinity map to include all tracts belonging to the proposed development. b) Label the lot and block number, subdivision name and plat record, zoning, and land use designation for Lot 1, Block 1, Sword Addition. C) The POB must be tied to a survey corner or previously filed subdivision corner. d) Correctly label the type (Type B') of the bufferyard along the Randol Mill Ave frontage on Lots 1 & 13. With the anticipated expansion of FM1938, staff recommends providing a 15' Type `Q' bufferyard as required under the Corridor Overlay Zone. Staff recommends that the bufferyard be placed in a private landscape easement dedicated to and maintained by the HOA. e) Show all existing easements and any proposed or required easements that have a significant impact on the property. f) Show the existing driveways across adjoining rights -of -way. g) Show and label the required trail along Randol Mill Ave (8' multi -use trail) and sidewalks along both sides of Hawthorne Court (4' sidewalks). 2) The following changes are needed regarding Right -of -Way dedications: a) Dimension the width of the existing R.O.W. for Randol Mill Ave. Show & label the traveled roadway for Randol Mill Ave. Label the width & type of pavement. Show R.O.W. dedication required for the future F.M. 193 8 corridor expansion in accordance with the approved TXDOT plans. Dimension the full width of the R.O.W. after dedication. Case No. ZA 05 -154 Attachment D Page 1 b) Label Hillside Court and dimension the R.O.W. width. 3) A 35' building setback line is required on both street frontages for a corner lot. The applicant is requesting a reduction to the standard side yard requirement of 15' (15' B.L.) for Lots 4 &5. Southlake 2025 Comments: The land use designation on the property is `Low Density Residential'. This development as proposed does not comply with the land use designation. The applicant has submitted a comprehensive plan amendment application to change the land use designation. The Environmental Resource Protection Plan recommends the protection and enhancement of critical environmental and natural features, including trees and ponds. The proposed development does not protect the existing ponds and trees on the site. An alternative site design that preserves these features and uses them as an asset to the development (such as in the form of preserved open space /small park) should be considered. The trail on Randol Mill needs to be indicated on the plan. Sidewalks should be provided along Hawthorne Court and North Road. The Mobility and Master Thoroughfare Plan recommends connected residential streets and discourages cul -de -sacs. Although Hawthorne Court ends in a cul -de -sac, the revised plan provides connectivity to the north. INFORMATIONAL COMMENTS Any plan revisions or supplemental information required following a Planning and Zoning Commission or City Council hearing must be submitted to the City Planning Department no later than 5:00 P.M. the following Monday. A minimum of twelve (12) full size copies and one (1) 11" x 17" reduction is required for any plans. If not received by the deadline, the application may be tabled until the next meeting agenda. 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. Staff recommends any proposed landscape /bufferyard areas be designated as landscape easements to be maintained by the HOA. Case No. ZA 05 -154 Attachment D Page 2 * A Developer's Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment D ZA 05 -154 Page 3 Case No. 05 -154 Review No. — Two _ Dated: January 11, 2006 Number of Pages: 1 Project Name: Hawthorne Place (Zoning Change) Comments due to the Planning Department: January 11, 2006 Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713 The following comments are based on the review ofplans received on January 3, 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? The bufferyard is labeled except the required type is not shown. SF -20A zoned properties are required by Section 42 Bufferyards of the Zoning Ordinance, to provide a 10' -B type bufferyard along an Arterial designated right -of -way. A 10' -B bufferyard requires that a minimum of 2 — canopy trees, 3 — accent trees, 10 — shrubs be planted per 100' of property adj acent to the arterial road. For 190' of property adjacent to the right -of -way the following amounts of plant material is required to be provided. 7 — Canopy Trees 10 — Accent Trees 34 - Shrubs Are the parking /bufferyard /landscaping summary charts correct? No bufferyard landscape chart was provided on the submitted plans. Is a tree survey required? A survey of the property was provided with the Preliminary Plat except it does not provide any detail of the species and diameter of the existing trees on the site. It just shows locations of existing trees but does not identify their species, diameter sizes or if they will be removed for developmental grading. TREE PRESERVATION COMMENTS: From the City's aerial photographs there looks to be only two quality trees existing on the entire property. These trees are located within the right -of -way of Randol Mill Avenue and on Lot 1. The tree on Lot 1 should not be affected by the construction of a house. Case No. ZA 05 -154 Attachment D Page 4 Case No. ZA 05 -154 Review No. 3 Dated: 1/30/06 Number of Pages: Project Name: Hawthorne Place — Zoning Change Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748 -8100 Fax: (817) 748 -8077 Email: ctaylor*aci.southlake.tx.us The following comments are based on the review of plans received on 1/27/2006. It is the applicant's responsibility to contact the department representative shown above and make modifications as required by the comment. GENERAL COMMENTS: 1. Does the 70' ROW dedication match the TXDOT plans for 1938? * Use the City of Southlake GPS monuments whenever possible. WATER AND SANITARY SEWER COMMENTS: 1. The 10' Utility Easement on Lot 13 shall be revised to read "15' Sanitary Sewer Easement." Clearlv label the easement on two sides of Lot 13. 2. The sewer and water plan shoes a proposed sanitary sewer manhole at the property line of Lot 23 in Myers Meadow. Is a manhole planned for this location? 3. Have you contacted the property owner in Myers Meadow where you plan to bore the sanitary sewer line and connect to the existing inlet? Label the existing drainage easement in Myers Meadow. 4. Water and sanitary sewer will need to be extended along the street stub for future connections. DRAINAGE COMMENTS: 1. One of the property owners in Myers Meadow has mentioned that the existing inlet which the proposed detention pond will tie into does not current capture runoff efficiently. How will this concern be addressed? * This property drains into Critical Drainage Structure 418 and requires a fee to be paid prior to beginning construction ($212.61 /acre x 12.08 acres = $2,568.33). * The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance 4 605. 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.cit,,ofsouthlake. com/ PublicWorks /engincen'ngdesign.asp * An access pen from TxDOT is required prior to construction of a driveway on FM 1938. Submit application and plans directly to TxDOT for review. * 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. * Anv hazardous waste being discharged must be pretreated Ordinance No. 836. This review is preliminary. Additional requirements may be necessary with the review of construction plans. *= Denotes informational comment. Case No. ZA 05 -154 Attachment D Page 5 Surrounding Property Owners Tracts lE, lEl, & 1D1, and a portion of 1D2 B.J. Foster Survey No. 519 515, 545 & 565 Randol Mill Ave Case No. Attachment E ZA05 -155 Page 1 Owner Zoning Land Use Acreage 1. Garrett, Ross W & Karen L SF-IA Low Density Residential 0.974 2. Myers Meadow HOA R -PUD Medium Density Residential 1.061 38 Ma ton, James E Jr & PR R -PUD Medium Density Residential 0.319 4. Kopp, William D & Lauren R -PUD Medium Density Residential 5. Thompson, Kenneth R & Linda R -PUD Medium Density 30 0.324 6. Lochrid e, Scott & Holly 31 Medium Density Residential 0.353 7. McEI ea, Thomas E & Dana A R -PUD K21 Residential 0.32 39 Wilkins, Sharon Bailey R -PUD Medium Density Residential 0.309 9. Schra in, Gary N & Rebecca R -PUD Medium Density Residential 0.373 10. Kulesza, Anthony G R -PUD Medium Density Residential 0.404 11. Cox, Howard A & Ruby S R -PUD Medium Density Residential 0.409 40 36 ' 17 (� 24 w 25 J 33 16 26 41 r 734 n X11 15 27 1 9 10 11 12 13 14 28a 1 35 8 3 7 6 5 4 3 42 2 Case No. Attachment E ZA05 -155 Page 1 Owner Zoning Land Use Acreage 1. Garrett, Ross W & Karen L SF-IA Low Density Residential 0.974 2. Myers Meadow HOA R -PUD Medium Density Residential 1.061 3. Ma ton, James E Jr & PR R -PUD Medium Density Residential 0.319 4. Kopp, William D & Lauren R -PUD Medium Density Residential 0.317 5. Thompson, Kenneth R & Linda R -PUD Medium Density Residential 0.324 6. Lochrid e, Scott & Holly R -PUD Medium Density Residential 0.353 7. McEI ea, Thomas E & Dana A R -PUD Medium Density Residential 0.32 8. Wilkins, Sharon Bailey R -PUD Medium Density Residential 0.309 9. Schra in, Gary N & Rebecca R -PUD Medium Density Residential 0.373 10. Kulesza, Anthony G R -PUD Medium Density Residential 0.404 11. Cox, Howard A & Ruby S R -PUD Medium Density Residential 0.409 Case No. Attachment E ZA05 -155 Page 1 12. Jones, David C & Melinda R -PUD Medium Density Residential 0.411 13. Ekadi, Kofoworola & Paul R -PUD Medium Density Residential 0.413 14. Bartlett, Leland & Anna R -PUD Medium Density Residential 0.346 15. Miller, Ernest L R -PUD Medium Density Residential 0.415 16. A onafer, Derej e & Carolyn R -PUD Medium Density Residential 0.416 17. Bracken, Terence & Elaine R -PUD Medium Density Residential 0.416 18. Smith, Charles I Jr & Sandra R -PUD Medium Density Residential 0.399 19. Reece, James & Debora R -PUD Medium Density Residential 0.361 20. Foutz, Bryan J & Gina L R -PUD Medium Density Residential 0.347 21. Wheatley, Anne & Tim R -PUD Medium Density Residential 0.415 22. Pokala, Sairam N & Naga R R -PUD Medium Density Residential 0.332 23. Liu, James S R -PUD Medium Density Residential 0.328 24. Sirles, Glen R & Linda N R -PUD Medium Density Residential 0.327 25. Pa ne, C Ray R -PUD Medium Density Residential 0.327 26. Rich, Bobby M & Nancy R -PUD Medium Density Residential 0.327 27. Kharabanda, Anil & Neeta R -PUD Medium Density Residential 0.326 28a. McFarland, David & Tiena R -PUD Medium Density Residential 0.345 28. Kingsley, James P & Eileen R -PUD Medium Density Residential 0.373 29. Siu, Rodney & Carla R -PUD Medium Density Residential 0.383 30. Haverkam , Roger & Monica C -2 Low Density Residential 1.0 31. Hudson, M R & Evelyn Found. AG Low Density Residential 2.2 32. Fred Joyce-Mary Myers Ent Inc R -PUD Low Density Residential 0.383 33. Milhoan, Rusty A & Lisa H AG Low Density Residential 1.0 34. Lo ins, James G & Vanessa AG Low Density Residential 4.0 35. Fred Joyce-Mary Myers Ent Inc R -PUD Low Density Residential 2.0 36. J D Tanner And Associates AG Low Density Residential 4.0 37. Barker, Louie F & Mary K AG Low Density Residential 4.0 38. Cain, Alvin T AG Low Density Residential 2.1 39. Guest, Mark Timothy AG Low Density Residential 2.2 40. Free, Charles W AG Low Density Residential 2.0 41. Free, Charles W AG Low Density Residential 2.1 42. Richardson, John M Jr P -PUD Medium Density Residential 0.398 Case No. ZA05 -155 Attachment E Page 2 Surrounding Property Owner Responses Tracts lE, lEl, 1D1, & a portion of Tract 1D2, B.J. Foster Survey No. 519 515 & 565 Randol Mill Ave Notices Sent: Forty -Two (42) Responses Received: None (0) Case No. ZA 05 -154 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -479 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 IE, IEI, 1D1, AND A PORTION OF TRACT 1D2, SITUATED IN THE B.J. FOSTER SURVEY, ABSTRACT NO. 519, AND BEING APPROXIMATELY 10.26 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 "AG" Agricultural District under Case No. Attachment G ZA05 -154 Page 1 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 Case No. Attachment G ZA05 -154 Page 2 made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts JE, lEl, 1D1, and a portion of Tract 1D2, situated in the B.J. Foster Survey, Abstract No. 519, and being approximately 10.26 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -20A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ". Case No. Attachment G ZA05 -154 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subj ect 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 Case No. Attachment G ZA05 -154 Page 4 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 Case No. ZA05 -154 Attachment G Page 5 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 1 St reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2006. MAYOR ATTEST: CITY SECRETARY Case No. ZA05 -154 Attachment G Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -154 Attachment G Page 7 UM IC Being Tracts 1E, lE I, 1D 1, and a portion of Tract 1D2, situated in the B.J. Foster Survey, Abstract No. 519, and being approximately 10.26 acres. Being a tract of land situated in the Benjamin J. Foster Survey, Abstract No. 519, Tarrant County, Texas and being that tract conveyed to Louie F. Etux Mary K Barker recorded in Volume 13377, Page 337, Deed Records of Tarrant County, Texas, being all that certain tract of land described in deed to J.D. Tanner & Associates, as recorded in Volume 17109, Page 13, and being a portion of that tract described in deed to James & Vanessa Loggins, as recorded in Volume 15295, Page 115, Deed Records of Tarrant County, Texas, and said tract being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 — inch iron rod on the west line of Myers Meadow — Phase Three, an addition to the City of Southlake, according to the plat thereof and recorded in Cabinet A, Page 3428, Plat Records, Tarrant County, Texas, said iron rod being the southeast corner of that certain Barker tract; THENCE South 00 degrees 27 minutes 05 seconds East, a distance of 172.18 feet along said west line of said Myers Meadow — Phase Three to a point, said point being the northeast corner of that certain Loggins tract; THENCE South 00 degrees 33 minutes 41 seconds east, a distance of 172.64 feet along said west line of said Myers Meadow— Phase Three to a point, said point being the southeast corner of aforementioned Loggins tract; THENCE South 89 degrees 27 minutes 26 seconds West, a distance of 532.73 feet along said south line of said Loggins tract to a point; THENCE North 00 degrees 33 minutes 41 seconds West, a distance of 145.22 feet leaving said south line of said Loggins tract to a point, said point being along the north line of said Loggins tract; THENCE South 89 degrees 31 minutes 15 seconds West, a distance of 477.80 feet along said north line of said Loggins tract to a point, said point being on the east line of Randol Mil Avenue and being the northwest corner of said Loggins tract; THENCE North 01 degrees 14 minutes 15 seconds West, a distance of 344.00 feet along said east line of Randol Mill Avenue to a point, being the northwest corner of the tract herein described; THENCE North 89 degrees 31 minutes 15 seconds East, along the South line of Block 1 Sword Addition recorded in Cabinet A, Slide 487, and Cabinet A, Slide 740, Plat Records of Tarrant County, Texas, a distance of 1015.45 feet to a 5/8 inch iron rod found on the West line of Lot 35, Block 8 of Myers Meadows as recorded in Cabinet A, Slide 3429, Plat Records of Tarrant County, Texas, said point being the southeast corner of Lot 2R2, Block 1, of said Sword Addition, and being the northeast corner of the tract herein described; THENCE South 00 degrees 27 minutes 05 seconds East, along the west line of Lot 34, Block 8, Myers Meadows a distance of 171.78 feet to the POINT OF BEGINNING and containing approximately 10.26 acres of land. Case No. ZA05 -154 Attachment G Page 8 I M - � arc � ;<� � 1 r � � � �s Iq F LO CD 8 1 L p3 g i h' I li � -4- CO T 0 1 CDO IL 1 1 1 , AIV97;7719 7011,V RA C 9 @ O ai RIM n o Case No. ZA05-154 ry C-- Attachment G Page 9