Loading...
Item 5FCity of Southlake Department of Planning STAFF REPORT September 27, 2006 CASE NO ZA06 -127 P ROJECT: Zoning Change for 225 & 231 E. Bob Jones Road REQUEST: On behalf of Rollin Bredenberg, Larry Flynn is requesting approval of a zoning change from "AG" Agricultural District to "RE" Single Family Residential Estate District on approximately 8.5 acres on East Bob Jones Road. There is one new residential lot being proposed with a lot size of approximately 8.5 acres and a net density of 0.12 du /acre. No variances are being requested. No plan is required to be submitted with a request for "RE" Single Family Residential Estate zoning. However, a single -lot plat showing has been submitted for administrative review and has been included in Attachment C, Page 1 of this report. ACTION NEEDED: Consider first reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480 -505 STAFF CONTACT: Ken Baker (748 -8067) Jenny Crosby (748 -8195) Case No. ZA 06 -127 BACKGROUND INFORMATION OWNER: Rollin Bredenberg APPLICANT: Larry Flynn PROPERTY SITUATION: 225 and 231 E. Bob Jones Road LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING HISTORY: TRANSPORTATION ASSESSMENT: PATHWAYS MASTER PLAN: Case No. ZA 06 -127 Tracts 7 & 8, M. Mahaffey Survey, Abstract No. 916D Low Density Residential with a Rural Conservation Land Use Designation Overlay Option "AG" Agricultural District "RE" Single Family Residential Estate District There is no development history for this property. Mobility and Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan recommends Bob Jones Road east of North White Chapel to be a 2 -lane undivided collector with 70 feet of right - of -way. The street typology designation for Bob Jones Road is "Rural Road ". Existinz Area Road Network and Conditions The lot has direct access onto East Bob Jones Road. There are no traffic counts for this section of East Bob Jones Road. Traffic Impact Use # Lots Vtpd* AM- AM- PM- PM- IN OUT IN OUT Number of Single- Family 1 10 0 1 1 0 Residential Lots *Vehicle Trips Per Day "The The AM /PM times represent the number of vehicle trips generated during the peak travel times on Bob Jones Road. The Southlake Pathways Master Plan does not make any recommendations adjacent to the site. Attachment A Page 1 WATER & SEWER: An 8" public water line is available in East Bob Jones Road. Public sanitary sewer is not currently available to this site. The nearest sanitary sewer is at the intersection of White Chapel and King Ranch Road to the southwest ofthis site. This lot meets the 1 acre minimum requirement for a private sewer system. DRAINAGE ANALYSIS: Drainage from this site is generally toward the south to the existing pond in Bob Jones Park. SOUTHLAKE 2025: The North Side Area Plan recommends that residential development occur in a manner that has the minimum impact on the City's remaining agricultural and environmental areas. TREE PRESERVATION: The majority of existing trees on the site are Mesquite. There is one small Hackberry in the middle of the lot and a couple more along the south property boundary line. There are no other significant environmental features existing on the property. A Tree Conservation Plan in accordance with the Tree Preservation Ordinance No. 585 -C will be required with a permit for new construction. P &Z ACTION: September 21, 2006; Approved (6 -0) as presented. STAFF COMMENTS: An application for "RE" zoning does not require submittal of a concept plan. No review summary was created for this item. M \Coimnunity Development \MEMO \2006cases \06- 127Z.doc Case No. Attachment A ZA 06 -127 Page 2 Vicinity Map 225 & 231 E. Bob Jones Rd 1000 0 1000 2000 3000 Feet R► Case No. ZA 06 -127 Attachment B Page 1 o � � N • 0 fame n I� V � ]PH Lana $u a m a0'mmoak amp R ap D i C Pogomxz (percurtmtwving) .vied as I.T14 mad uWiry tines e as (cued 4DCPTee 332 V DRDCT Da.ITS esxx I \ Lot 4 8 5 acres (370,250 square (eeQ fifn4s 0.241 afa acre (10 500 sae., feet) Dee icled 8259 acres (359,750 square fat) Net called 8.5 aeres IAI Tim La a d d wife, 01B, Ind .e Al smckm IS Rollin Bredenberg ad Diane Bredenbefg Document Number 2006 -32547 IPH Lana Survey ng3ob NVmher x006 se 1 V DRDCT 6 I I D.R.D.0 T. I 2V SMesetMCk DRDCT N II O ro 3I� � c � k DRDCT M Z I , ,I tl wow a,, A. mahrc e, � appP .,bar O P [c�ry t 7 . swwekn Bono- a mm�mt Appr.vedb he City (souWleke Owner /Applicant: y t ty ° Mr. & Mrs. Rolling Bredenberg Dee 225 Eam Bob I.. Road Snfli aka, Taxes 76092 Mayor Tei(817)329 -5659 Ciry seuetary: Case Nean: ZA06 -128 Surveyor: JPH Land Surveying, Inc. 1858 Eae Kelle l.kway, Suite D, Keller, Texas 76248 Tel: (817)431 -4971 Fax: (866)290A631 > � _ SIIa yor's Notes: STATE OF TEXAs g 1 Net in I p.rti.n It w I. Wis addition by metes and bounds is a COUNTY OF DDNTOry g rc 2- ',. laden ofstate )awadeity °diedeandsabjectt. finessed WHEREAS Rollin Bredenbeeg and Diane Bredenberg arc We sole Owners.follfetcertun deer of toed withholding of utJities and building P°° -aim sled in tFe Me urvey I& MahIffy S, A— Number 916, being in the Ciry of Souwleke, Deon C, 2 eresery mvunty, '� oc .991 The City of Sediddled the righ qu t to reire minimum flesh floor Texas antldncdbedin We deed recvrdM Under DOwmm[ Number2006- 325)doflhe Oeed Records.(Demon n 3 3 CT 11 se"Nes Bay y lot contained Bid. Wis addition. Coaty,T ss; the subject trot, Ming come pvniealarly described by metes and bvunda as IS[—: and —tw 3 The dead ofWe subject ttatt recorded under Clerk's File Number ex f at epmm poll NO -32547 of the Deed Records Of Den.. County, Texas, only a neins a BEGINNING at a 12 ..-be fowd eWe Net—come, It the Veer desenbed in the deed tv Rollin Eh N=NO 916 call Iona...- We- ,read.....at and lists eely one of fe,wv parent Bred-beg and one Bredenberg r..Hed under Document Number 206 -32574 of We Deed ets (the celled 2 5 acre parent Vat is listed, but the called 611 acre ttatt R.— ofDee t Ceunry, Texas; corded in Volume 1407, Page 322 If fe said Deed Records is missing THENCE NoIh 90 Dag— 00 h31nutea 00 SemdsEae, wif fe NOnh ewe ede smd Bredenberg tracts fo.fede eo Thes eyeedforfepeeleseofthecalle,i 85 dale, of 36622 fxtwai2 incX rebv foul et We NoMexst comer eh—f. N 00°c0u0 nta s,bj,,t tract fiem Tim Lad, ea. It Rollin Bredenberg, exte was provided t° the a rvry , noted de,siped sum n hereon. The Mid survey be. THENCE Soul 00 Degrees 33 Minutes Ea Seconds Ew ( bearing b—), with the Putt line efe .amen the stamp ad sigaam a of David Hooker, kP L.S Nenber 576) ad We Bredenberg act a d ranee of 1,009 e6 feet toe 5/8 inch rebm f d at We Southeast comer .Bohm ompddy -Ue.f Precise Lad Servryi.g,I- Thanidsurveyedy reef, fiem- .1,WeN —line efthe,net —rib—. We deed to die City a SouWlake comp =d s shows o.a at -amend (da—by leaving n0 cone, f1pton.hiii the I w .,caked under Clerks File N-- 97- 80063860 & 94- FANEs61 dNe Deed Records of Lwa surnyms byfebeanng basis shownthara cesedshowsvo neh.dj.ing property) Oenron COUnry, Texas hems North 25 feet Precise Lad Surveying, Inc. was contacted, by We said ad-Biped, ad —.I. Svuf 890egre,s 23 Minutes 025emnds West, with the Svuf line of We Bredenberg o-ac tad advised t. et fe remaining Wree .dets(the initial feed nip by We said being 25 mart .rhos feet Seenes NOM line.( of — trx4 ad ,eel of "ndaepedonlyyWded Weo called Re— ant). 20 ketmal2 incM1 mopped abmstmnped "Precise'kund at We Sauww,as comer vfWe Therefore, even though We current dead dees at cat] for on -We -grad --h, cote, at date, fits enders; We th— ea -eants Inver se, by Precise I. deeas Lad Surveying, Inc were held THENCB NoM 00 Degrees 33 MI— 02Seconds West, pawin8 fe In he effi. S.'Weke nmtatI 4 This pie was prepared without the benefit ate co taftea tfie tide dislace.f27 feet and wif tM1e WU,line ofsa eadcnberg 'act,mnll,a.tel distaweof insur e.DO.p1eC Copies offedwrd description off, prnpe,ry, ay 1,01310 feet rettaia to We PfACE OF BECIMVfNG ad encl.ain805 acres Cl easements be.efdng the property, Ne ae-a annants or Dvcum um�e 95 -800 3056 setvimdes ad ea—eas affecting the property ( "Reread Documents") This phe dea net A, .... I. a e.isdng deed restrimions m my -es, if sty. on the p nn, ea- CT documatsof—ed re ref. d t°i. f oc°m e Re—d Denes, end any .that documents enlvniag desired app.pnaz ffmmstion affxcng the now TBBRe I., ANBW ALL men aY C... Istax. rs. Prop tY nits x—eyni ad I. which fe s—e ,le I.aketneCe were ren of p ides Wis ryor for a.,ati.n oaf twry. Thaefod, THAT, Rollin Bredenberg end Diane Bredenberg, do hereby adopt this the des18natin0 the h i—e agreements, or o1, " d........ eifer—nad, or unrecorded described —I,ropey I Ill 1, Malinde Kabuli, Nu. 936 Addison a addition in fie City .1 Sead'ake, may exst, affectfesubject prapetry fat are not shown.n Wis survey. on Cvunry,T weds M1ercby dediceefenghts of ey and ensemenn shown he.mnsa We publi2s use unless othervnse noted There are no liens against de property Map - N.f utiliwpascmcm 5 uvgry casemcm y •b wi.wne' �I Dvcmn DRDCT 03EE95 y I dh I� l — ll- me 1-I c ,4 Surveyor's Certification: 1, Jewel Chadd, a Registered Pr.fessi ... I Lad Surveyor of fe State If Torras, hevi.g planed fe above subdivision and a ected oa -We- ,round Vevey .' the subject a- and he comer Beede nts shown hereon were pmperly placed ceder my personal Supervision, and that this plat rtnay represents that sntvey made by .e a ad,, .y direcda ad supervisia. PRELIMINARY THISDOCIMENTISNOT TO BE RECORDED FOR ANY PURPOSC tewel Chadd Registered Profession.) Lad S.rveym N. 5754 Data Legend D R D C T.....next Records of Denton Canty, Texas P.R.D CT... Plat Records ofDamn Gusty, Texas WITNESSED MY HAND THIS _ DAY OF 6 Ro1Ev B-eaberg STATE 00, TEXAS § COUN OF DENTON g BEFORE ME, the undersigned aufmiry, n fis day personally xEx—d Rollin e Bredenberg, ,mown m me to be tM peena— e name is pah .. s ro d the above ad foregoing insuum and xknowldgedm me Wm M1e exmuted the sam far Die pen.. es a cvnaideradon xpressed ad W in e cepuiry therein stated GIVEN UNDER MY HANG AND SEA—"' the _de, of 2°06. No"' Publicman for de Slam r-as My Commission Expires'. STATE .1 .-a g COUNTY OFDENTON g BEFORE ME, We ed-e net eufvnty, on dais day ,Banally appeared Dine Badenbet8. known ea me. be the person whose name is nberibed m A. ex, and foregoing ieea —e, ad acknowledged to me h1e. exnwmd fe same It, be p.M. —and considenuo expresad and in fe capacity—eemaed GIVEN UNDER MY HAND AND SEAL. OF OFFICE on this she Nex, P.1iie in and IS, he Ste of Texas My Commission Expires. Page ] of 1 Plat Showing L ate 4 Mra�l n di a �; ra 11 -191 r Nod. SICK Adid ;!, 8.5 acres in the Malinda Mahoffy Survey, Abstract No. 916 City of Southlake, Denton County, Texas August 2006 / 1 Lot / Zoned AG This plat filed in Cabinet _, Page J Plat Records of Dean n Cowry, Texas Recording Data �-- l 1 v y vckC W d) epwinon u�q ='7 ` cslR BlrckO LT+ o swage Adai1 .� tl1 ivchm6m P Place If.eal [w lrz " E a8w &Tn.Couvry 0 tab nei L c PR v2 ll y _ m aan �n sr0d y Lt dm _ _ _ ]PH Lana $u a m a0'mmoak amp R ap D i C Pogomxz (percurtmtwving) .vied as I.T14 mad uWiry tines e as (cued 4DCPTee 332 V DRDCT Da.ITS esxx I \ Lot 4 8 5 acres (370,250 square (eeQ fifn4s 0.241 afa acre (10 500 sae., feet) Dee icled 8259 acres (359,750 square fat) Net called 8.5 aeres IAI Tim La a d d wife, 01B, Ind .e Al smckm IS Rollin Bredenberg ad Diane Bredenbefg Document Number 2006 -32547 IPH Lana Survey ng3ob NVmher x006 se 1 V DRDCT 6 I I D.R.D.0 T. I 2V SMesetMCk DRDCT N II O ro 3I� � c � k DRDCT M Z I , ,I tl wow a,, A. mahrc e, � appP .,bar O P [c�ry t 7 . swwekn Bono- a mm�mt Appr.vedb he City (souWleke Owner /Applicant: y t ty ° Mr. & Mrs. Rolling Bredenberg Dee 225 Eam Bob I.. Road Snfli aka, Taxes 76092 Mayor Tei(817)329 -5659 Ciry seuetary: Case Nean: ZA06 -128 Surveyor: JPH Land Surveying, Inc. 1858 Eae Kelle l.kway, Suite D, Keller, Texas 76248 Tel: (817)431 -4971 Fax: (866)290A631 > � _ SIIa yor's Notes: STATE OF TEXAs g 1 Net in I p.rti.n It w I. Wis addition by metes and bounds is a COUNTY OF DDNTOry g rc 2- ',. laden ofstate )awadeity °diedeandsabjectt. finessed WHEREAS Rollin Bredenbeeg and Diane Bredenberg arc We sole Owners.follfetcertun deer of toed withholding of utJities and building P°° -aim sled in tFe Me urvey I& MahIffy S, A— Number 916, being in the Ciry of Souwleke, Deon C, 2 eresery mvunty, '� oc .991 The City of Sediddled the righ qu t to reire minimum flesh floor Texas antldncdbedin We deed recvrdM Under DOwmm[ Number2006- 325)doflhe Oeed Records.(Demon n 3 3 CT 11 se"Nes Bay y lot contained Bid. Wis addition. Coaty,T ss; the subject trot, Ming come pvniealarly described by metes and bvunda as IS[—: and —tw 3 The dead ofWe subject ttatt recorded under Clerk's File Number ex f at epmm poll NO -32547 of the Deed Records Of Den.. County, Texas, only a neins a BEGINNING at a 12 ..-be fowd eWe Net—come, It the Veer desenbed in the deed tv Rollin Eh N=NO 916 call Iona...- We- ,read.....at and lists eely one of fe,wv parent Bred-beg and one Bredenberg r..Hed under Document Number 206 -32574 of We Deed ets (the celled 2 5 acre parent Vat is listed, but the called 611 acre ttatt R.— ofDee t Ceunry, Texas; corded in Volume 1407, Page 322 If fe said Deed Records is missing THENCE NoIh 90 Dag— 00 h31nutea 00 SemdsEae, wif fe NOnh ewe ede smd Bredenberg tracts fo.fede eo Thes eyeedforfepeeleseofthecalle,i 85 dale, of 36622 fxtwai2 incX rebv foul et We NoMexst comer eh—f. N 00°c0u0 nta s,bj,,t tract fiem Tim Lad, ea. It Rollin Bredenberg, exte was provided t° the a rvry , noted de,siped sum n hereon. The Mid survey be. THENCE Soul 00 Degrees 33 Minutes Ea Seconds Ew ( bearing b—), with the Putt line efe .amen the stamp ad sigaam a of David Hooker, kP L.S Nenber 576) ad We Bredenberg act a d ranee of 1,009 e6 feet toe 5/8 inch rebm f d at We Southeast comer .Bohm ompddy -Ue.f Precise Lad Servryi.g,I- Thanidsurveyedy reef, fiem- .1,WeN —line efthe,net —rib—. We deed to die City a SouWlake comp =d s shows o.a at -amend (da—by leaving n0 cone, f1pton.hiii the I w .,caked under Clerks File N-- 97- 80063860 & 94- FANEs61 dNe Deed Records of Lwa surnyms byfebeanng basis shownthara cesedshowsvo neh.dj.ing property) Oenron COUnry, Texas hems North 25 feet Precise Lad Surveying, Inc. was contacted, by We said ad-Biped, ad —.I. Svuf 890egre,s 23 Minutes 025emnds West, with the Svuf line of We Bredenberg o-ac tad advised t. et fe remaining Wree .dets(the initial feed nip by We said being 25 mart .rhos feet Seenes NOM line.( of — trx4 ad ,eel of "ndaepedonlyyWded Weo called Re— ant). 20 ketmal2 incM1 mopped abmstmnped "Precise'kund at We Sauww,as comer vfWe Therefore, even though We current dead dees at cat] for on -We -grad --h, cote, at date, fits enders; We th— ea -eants Inver se, by Precise I. deeas Lad Surveying, Inc were held THENCB NoM 00 Degrees 33 MI— 02Seconds West, pawin8 fe In he effi. S.'Weke nmtatI 4 This pie was prepared without the benefit ate co taftea tfie tide dislace.f27 feet and wif tM1e WU,line ofsa eadcnberg 'act,mnll,a.tel distaweof insur e.DO.p1eC Copies offedwrd description off, prnpe,ry, ay 1,01310 feet rettaia to We PfACE OF BECIMVfNG ad encl.ain805 acres Cl easements be.efdng the property, Ne ae-a annants or Dvcum um�e 95 -800 3056 setvimdes ad ea—eas affecting the property ( "Reread Documents") This phe dea net A, .... I. a e.isdng deed restrimions m my -es, if sty. on the p nn, ea- CT documatsof—ed re ref. d t°i. f oc°m e Re—d Denes, end any .that documents enlvniag desired app.pnaz ffmmstion affxcng the now TBBRe I., ANBW ALL men aY C... Istax. rs. Prop tY nits x—eyni ad I. which fe s—e ,le I.aketneCe were ren of p ides Wis ryor for a.,ati.n oaf twry. Thaefod, THAT, Rollin Bredenberg end Diane Bredenberg, do hereby adopt this the des18natin0 the h i—e agreements, or o1, " d........ eifer—nad, or unrecorded described —I,ropey I Ill 1, Malinde Kabuli, Nu. 936 Addison a addition in fie City .1 Sead'ake, may exst, affectfesubject prapetry fat are not shown.n Wis survey. on Cvunry,T weds M1ercby dediceefenghts of ey and ensemenn shown he.mnsa We publi2s use unless othervnse noted There are no liens against de property Map - N.f utiliwpascmcm 5 uvgry casemcm y •b wi.wne' �I Dvcmn DRDCT 03EE95 y I dh I� l — ll- me 1-I c ,4 Surveyor's Certification: 1, Jewel Chadd, a Registered Pr.fessi ... I Lad Surveyor of fe State If Torras, hevi.g planed fe above subdivision and a ected oa -We- ,round Vevey .' the subject a- and he comer Beede nts shown hereon were pmperly placed ceder my personal Supervision, and that this plat rtnay represents that sntvey made by .e a ad,, .y direcda ad supervisia. PRELIMINARY THISDOCIMENTISNOT TO BE RECORDED FOR ANY PURPOSC tewel Chadd Registered Profession.) Lad S.rveym N. 5754 Data Legend D R D C T.....next Records of Denton Canty, Texas P.R.D CT... Plat Records ofDamn Gusty, Texas WITNESSED MY HAND THIS _ DAY OF 6 Ro1Ev B-eaberg STATE 00, TEXAS § COUN OF DENTON g BEFORE ME, the undersigned aufmiry, n fis day personally xEx—d Rollin e Bredenberg, ,mown m me to be tM peena— e name is pah .. s ro d the above ad foregoing insuum and xknowldgedm me Wm M1e exmuted the sam far Die pen.. es a cvnaideradon xpressed ad W in e cepuiry therein stated GIVEN UNDER MY HANG AND SEA—"' the _de, of 2°06. No"' Publicman for de Slam r-as My Commission Expires'. STATE .1 .-a g COUNTY OFDENTON g BEFORE ME, We ed-e net eufvnty, on dais day ,Banally appeared Dine Badenbet8. known ea me. be the person whose name is nberibed m A. ex, and foregoing ieea —e, ad acknowledged to me h1e. exnwmd fe same It, be p.M. —and considenuo expresad and in fe capacity—eemaed GIVEN UNDER MY HAND AND SEAL. OF OFFICE on this she Nex, P.1iie in and IS, he Ste of Texas My Commission Expires. Page ] of 1 Plat Showing L ate 4 Mra�l n di a �; ra 11 -191 r Nod. SICK Adid ;!, 8.5 acres in the Malinda Mahoffy Survey, Abstract No. 916 City of Southlake, Denton County, Texas August 2006 / 1 Lot / Zoned AG This plat filed in Cabinet _, Page J Plat Records of Dean n Cowry, Texas Recording Data �-- l 1 Surrounding Property Owners 225 & 231 E. Bob Jones Rd 1 2 10 6 8 0 5 3 9 Owner I Zoning I Land Use I Acreage 1. O'Brien, James & Kim SF-IA Low Density Residential 1.4 2. Thomas, David F SF-IA Low Density Residential 2.361 3. Lamon, Michael & Susan AG Low Density Residential 2.2 4. Gable, Terry AG Low Density Residential 2.5 5. Lamon, Michael & Susan AG Low Density Residential 1.3 6. Lamon, Michael & Susan AG Low Density Residential 5.0 7. Gable, Terry AG Low Density Residential 1.0 8. Brackett, Steve A AG Low Density Residential 6.079 9. City of Southlake AG Public Parks / Open Space 77.7 10. Van Hal, Marvin & Mary Maranatha Investments Ltd SF-IA SF-IA Low Density Residential Low Density Residential 2.0 8.28 Case No. ZA 06 -127 Attachment D Page 1 Surrounding Property Owner Responses 225 & 231 E. Bob Jones Rd Notices Sent: Seven (7) Responses Received as of Tuesday, September 26, 2006: None (0) Case No. ZA 06 -127 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -505 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 7 & 8, SITUATED IN THE M. MAHAFFEY SURVEY, ABSTRACT NO. 916D, BEING APPROXIMATELY 8.50 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or Case No. Attachment F ZA06 -127 Page 1 corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health Case No. Attachment F ZA06 -127 Page 2 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 7 & 8, situated in the M. Mahaffey Survey, Abstract No. 916D, being approximately 8.50 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "RE" Single Family Residential Estate District. 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. Case No. Attachment F ZA06 -127 Page 3 That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. 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, Case No. Attachment F ZA06 -127 Page 4 the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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. Case No. ZA06 -127 Attachment F Page 5 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: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA06 -127 Attachment F Page 6 EXHIBIT "A" Being Tracts 7 & 8, situated in the M. Mahaffey Survey, Abstract No. 9161), being approximately 8.50 acres. STATE OF TEXAS § COUNTY OF DENTON § WHEREAS, Rollin Bredenberg and Diane Bredenberg are the sole owners of all that certain tract of land situated in the Malinda Mahoffy Survey, Abstract Number 916, being in the City of Southlake, Denton County, Texas, and described in the deed recorded under Document Number 2006 -32574 of the Deed Records of Denton County, Texas; the subject tract being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch rebar found at the Northwest corner of the tract described in the deed to Rollin Bredenberg and Diane Bredenberg recorded under Document Number 2006 -32574 of the Deed Records of Denton County, Texas; THENCE North 90 Degrees 00 Minutes 00 Seconds East, with the North line of the said Bredenberg tract a distance of 366 22 feet to a 112 inch rebar found at the Northeast comer thereof; THENCE South 00 Degrees 33 Minutes 02 Seconds East ( bearing baars), with the East line of the Bredenberg tract a distance of 1,009 06 feet to a 518 inch rebar found at the Southeast comer thereof, from which the North line of the tract described in the deed to the City of Southlake recorded under Clerk's File Numbers 97- 80063860 & 94- 80088261 of the Deed Records of Denton County, Texas bears North 2 5 feet; THENCE South 89 Degrees 22 Minutes 02 Seconds West, with the South line of the Bredenberg tract and being 2 5 more or less feet South of the said North line of the City of Southlake tract, a distance of 366 20 feet to a 112 inch capped rebar stamped "Precise" found at the Southwest corner of the Bredenberg tract; THENCE North 00 Degrees 33 Minutes 02 Seconds West, passing the north line of the Southlake tract at a distance of 2.7 feet and with the West line of the Bredenberg tract, in all, a total distance of 1,013 10 feet retuming to the PLACE OF BEGINNING and enclosing 8 5 acres Case No. ZA06 -127 Attachment F Page 7