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Item 8ACity of Southlake Department of Planning STAFF REPORT May 11, 2005 CASE NO: ZA05 -020 PROJECT: Zoning Change and Concept Plan for Kimball Hills REQUEST: Dwight Bosworth is requesting approval of a zoning change and concept plan. The plan proposes the development of 19 residential lots and one common area lot on approximately 11.44 acres. The following variances are being requested: ACTION NEEDED: Coi ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) • Private Street —Private streets are not permitted in new residential subdivisions. The applicant is requesting the proposed street be a private street. Street Stub — Street stubs shall be provided into adjacent property at a minimum of 1,000 feet apart. The applicant is requesting a waiver from the street stub requirement. isider first reading for zoning change and concept plan Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary No. 3, dated April 29, 2005 Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -456 Full Size Plans (Ibr Comnnissi and Council Members Only) STAFF CONTACT: Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA05 -020 BACKGROUND INFORMATION OWNER/APPLICANT PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA05 -020 Dwight Bosworth The property is located at 616 and 620 S. Kimball Avenue Tracts 3, 313, 3C, and 3D, J.A. Freeman Survey, Abstract No. 529 Medium Density Residential "AG" Agricultural District "SF -20A" Single Family Residential District There is no development history on the property. A home currently exists on the property which will be removed prior to development. Master Thoroukhtare Plan The Master Thoroughfare Plan recommends South Kimball Avenue to be a 4 -lane, divided arterial street with 94' of right -of -way. Adequate right -of- way exists for this roadway. Existin,q Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with Randol Mill Avenue. The new cul -de -sac street is proposed to be a private street having a right -of -way of 50 feet. South Kimball Avenue recently was expanded and is a 4 -lane, divided arterial street. May, 2004 traffic counts on S. Kimball Ave (between E. Southlake Blvd and Crooked Ln ): Table #1 24hr North Bound (NB) (2,148) South Bound (SB) (2,197) NB Peale A.M. ( 316) 8 — 9 a.m. Peale P.M. (277) 3 — 4 p.m. SB Peale A.M. (318) 8 — 9 a.m. Peale P.M. (289) 3 — 4 p.m. Traffic Impact Use # Lots Vtpd* AM- IN AM- OUT PM- IN PM[_ OUT Residential 19 182 5 14 12 7 *Vehicle Trips Per Day *The AM/PM times represent the number of vehicle trips generated during the peak travel times on S. Kimball Avenue. Attachment A Page 1 PATHWAYS MASTER PLAN: A minimum 6' off - street trail is required along the west side of S. Kimball Avenue. An on- street bikeway is also planned on S. Kimball Avenue. The site plan shows the required trail. TREE PRESERVATION: All of the quality trees which consist predominantly of Post Oak are located around and about the existing structures on the property. The trees and other existing vegetation that exist around the two ponds in Lots 10 and 11, and which are not shown on the submitted plans, consist entirely of Black Willows and Cottonwood trees. The only trees currently proposed to be removed for the development of the property are existing in the right -of -way of Kimball Hill Court. WATER & SEWER: A 12 -inch water line exists along the east side of S. Kimball Avenue. The applicant is proposing to extend an 8 -inch water line along the north side of the proposed street from S. Kimball Avenue. An 8 -inch sanitary sewer line exists along the west side of S. Kimball Avenue. The applicant is proposing to extend an 8 -inch sanitary sewer line from S. Kimball Avenue to service the front 8 lots. The applicant is proposing to extend an 8 -inch sanitary sewer line from Cambridge Place to service the back 11 lots. DRAINAGE ANALYSIS: The drainage area for this property is divided into 3 sections. One -third drains to S. Kimball Avenue, one -third drains to the north (School Site) and is picked up in an existing flume, and one -third drains to the west through Cambridge Place which will be picked up by an existing storm sewer system. Both offsite drainage areas to the north and west were designed to take runoff from this property in its post development state. P &Z ACTION: May 5, 2005; Approved (6 -1) subj ect to Concept Plan Review Summary No. 3, dated April 29, 2005; • Accepting applicant's willingness to put masonry fence no less than 6 feet tall along western border and a pillared masonry fence with wrought iron on the south border; • Specifically not granting any requested variances; • And, requiring a solid foundation at the bottom of the masonry fence to help maintain integrity. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated April 29, 2005. N: \Coimuunity Development \MEMO \2005cases \05- 020ZCP.doc Case No. ZA05 -020 Attachment A Page 2 Vicinity Map Tracts 3, 3B, 3C, 3D, J.A. Freeman Survey, Abst. 529 I—j l 19 i Case No. Attachment B ZA05 -020 Page 1 o� 0 0 n� 0 i " A PUBLICISEMI PUHLIG - -� - -- n•r4rme ,aa - -- -'-- - --- - -- _ _ -= 9LafF �f NP = 1 °'T — ...._ MtP`TMY -- _______ _ 4 — •_— o saawal J` J � r CURRIE I • � f-�9 I �1 a `el - ' � • I I I . •. I mw l u. "p g w.l. s+. xau sr �L wrov s.. :ami sa. 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CONCEPT PLAN I I; PRELIMINARY PLAT u E e:..x'`•w "rr...r...w..,...�.., yeti _ _ r u Y I 1 I KIMBALL HILLS G iL 0 6 e>F iounerv�, ranw.er rw�alrv.r�xs r �f�'yf, VICINITY MAP 15.44 ACRESI 24'SF -2W LOTS -LLJ . e�nr..a..ax w. Y�r w..�"..•aa DEVELOPE ©TO "SF -26A" SPEC HCAYIORS II ..Y.Yers yrrwwwx.r..r..nr..o-r SATE OF PREPARATION: APRIL 2CO5 BNDRY LIFE W31-F IAIE LfT15'fll SENtMC �"��.,,. ".ow,. a. Me wsw..i...,v. n +.r...r Ylwxa• � e[veFarep� •vCVnb� it w owl•Fra. ec•woe*+ a. cwi av s e _ +•�. Yr. ..�, n. n , ..q.xdr. Y �. a,urcc —"w l TEYAi =ev} L friwbvn +.- ww..:i,r rr ... �'�.."r.. �.v - a' ,n•w.....w.w drec.raaew..ww.rrn Ee 1 e Fua "Y' + N b .�. a can . .iw,y a w.w d Muwu "'°' . e SrMr YVrva �'- .."......,....�...... .: "�.'"'•.,... ...n. ..�e..a _ •wwn ��" sr a}rtia+a Z1405-020d 2A05-021 � CONCEPT PLAN I PRELIM IWARY PLAT 1 I A Q � l 1 filti liGZiP,ew S April 29, 2005 Mr. Ben Briner City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 Re: Kimball Hills Estates City of Southlake, Texas Dear Mr. Briner: In regards to the referenced project, we are requesting two separate but related variances. Variance Request No. 1: We request that the referenced subdivision be developed in accordance with a private subdivision by placing a gate at its entrance. We feel that with the close proximity to the adjacent school to the north, a controlled access subdivision would better serve the school's security while providing a buffer for any future developments southward. Variance Request No. 2: We request to omit the street stub -out to the south property line. The property to the south of the subject property is currently zoned "Light Industrial I -1 ", of which a street stub -out to such zoning would not be desirable for a residential development. Also, providing a street stub -out is contradictory to Variance Request No. 1 concerning a private subdivision_ We appreciate your consideration and please feel free to call with questions or comments in this regard Sincerely, CLB ENGINEERS, INC. Craig L. Beckham, P.E. Enclosed cc: Marcel Bosworth $0$ S. COLLEGE STREET, SUITE 115 • MCKINNEY, TEXAS 75069 • 972.542.6933 • FAX 972.542.6922 CLBENGINEERS.COM Case No. ZA05 -020 Attachment C Page 2 March 28, 2005 To Wham It May Concern: Re. Zoning Change Request Kimbadf Hi!! J.A. Freeman Survey, Abstract 529 City o, f Southfake, Tarrant County, Texas On behalf of the owner, we request zoning change on the referenced property. The property is currently zoned agriculture "AG ". The owner proposes to develop a single family residential subdivision with zoning similar to adjacent properties being SF -20A. The development layout and all appropriate requirements of the zone SF -20A is shown on the Concept flan 1 Preliminary Plat.. Thank you for your consideration. Sincerely, CLB ENGINEERS, INC. Craig L. Beckham, P.E. Enclosed ii, 06-02 04 -0a RECD MAR 2 8 2005 808 S. COLLEGE STREET, SUITE 115 • McKINNEY, TERAs 75069 ► 971.542.6933 A FAX 9'72.542.69.2- CLBENCINEERS.COM Case No. Attachment C ZA05 -020 Page 3 Property Description Kimball Hill out of J.A. Freeman Survey, Abstract No. 529 in the City of Southlake, Tarrant County, Texas Situated in the state of Texas, County of Tarrant and the City of Southlake, being a part of the J.A. Freeman Survey, Abstract No. 529, being all of a tract of land conveyed to Dwight R. Bosworth by deed recorded in Document No. D204296184 of the Deed Records of Tarrant County, Texas part of a tract of land conveyed to 620 S. Kimball Partnership, Ltd. by deed recorded in Volume 13487, page 394 of the Deed Records of Tarrant County, Texas, part of a tract of land conveyed to Marcel E. Bosworth and Karen Bosworth by Volume 15796, Page 57 of the Deed Records of Tarrant County, Texas and these premises being more particularly described as follows: Beginning at a %z inch iron rod set in the west right -of -way line of South Kimball Avenue, marking the southeast corner of Carroll ISD No. 4 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide 6417 of the Plat Records of Tarrant County, Texas and the northeast comer of said premises; Thence with said west of right-of-way line and the east line of said premises as follows: South 00 °08'45" West, 59.86 feet to a % inch iron rod found, South 02 °26'02" East, 74.50 feet to a 1 /z inch iron rod found, South 04 °17'39" East, 221.25 feet to a 1 /2 inch iron rod found marking the beginning of a curve to the right; Thence with said west right-of-way line the east line of said premises and said curve to the right having a central angle of 02 °04'07 ", a.radius of 1098.50 feet, an arc distance of 39.66 feet and a chord bearing and distance of South 03 °16'46" East, 39.66 feet to a'h iron rod found marking the northeast corner of a tract of land conveyed to Donald M. Ramsour and Helen L. Ramsour by deed recorded in Volume 5129, Page 985 of the Deed Records of Tarrant County, Texas and the southeast comer of said premises; Thence with the north line of said Ramsour tract, the north line of Cambridge Place, Phase 1, an addition to the City of Southlake, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Page 2874 of the Plat Records of Tarrant County, Texas and the south line of said premises, South 89 °4639 West, 1276.74 feet to a 1 /z inch iron rod found marking the southeast corner of Woodland Heights, an addition to the City of 7 A 4 S- 0 2 i `$ C3'Lo J.A. Freeman Survey, Abstract No. 529 Case No. ZA05 -020 EC' FED. 2 Q, 2-005 1 Attachment C Page 4 Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388- 212, Page 56 of the Plat Records of Tarrant County, Texas and the southwest corner of said premises; Thence with the east line of said Woodland Heights and the west line of said premises, North 00 °21'00" East, 394.74 feet to a 3/8 inch iron rod found marking the southwest comer of said Carroll iSD No. 4 Addition and the northwest corner of said premises; Thence with the south line of said Carroll 1SD No. 4 Addition and the north line of said premises, North 89 °47'00" East, 1252.48 feet to the Point of Beginning and containing 11.44 acres of land. ZA05 -02 1 `+Q2_0 EC's 2005 J.A. Freeman Survey, Abstract No. 529 2 Case No. Attachment C ZA05 -020 Page 5 PLAT REVIEW SUMMARY Case No.: ZA05 -020 & 021 Review No.: Three Project Name: Concept Plan & Preliminary Plat — Kimball Hills APPLICANT: Dwight Bosworth 616 S. Kimball Ave Southlake, TX 76092 Phone: (817) 410 -7450 Fax: (817) 442 -5815 Date of Review: 04/29/05 ENGINEER: CLB Engineers Craig Beckham 808 S. College, Suite 115 McKinney, TX 75069 Phone: (972) 542 -6933 Fax: (972) 542 -6933 & (870) 772 -6444 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/18/05 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) 481 -2086. 1) Provide sufficient street stubs into adjacent property. Staff recommends providing a street stub into the Ramsour property in the vicinity of Lots 13, 14, and 15. (A variance has been requested.) 2) Private streets are not permitted in new residential subdivisions. (A variance has been requested.) If a variance is granted, it is recommended by staff that the following conditions be met: 1) Street must be built and maintained in compliance with City street and fire protection standards. 2) An owners association must be established to maintain the street to city street and fire protection standards. Documentation establishing the HOA must be provided to the City and filed in the county records prior to or concurrently with the plat filing. 3) If the private street is approved, label as a Utility, Drainage, and Emergency Access Easement. 4) Provide the name & address for all record owners on the plan. The legal description identifies multiple owners. 5) Correct the adjacent property information in the legal description. Calls 4 & S refer to the Ramsour property but fail to refer to the Nicastro property. 6) The following changes are needed with regard to adjacent properties within 200': a) Provide the plat filing record in place of the deed record for the Carroll ISD No. 4 property. b) Label the current land use designation on all adjacent properties. This is a concept plan requirement. C) Correct the zoning of the Ramsour property to "AG'. Case No. Attachment D ZA05 -020 Page 1 d) Correct the easements on the adjacent properties in the Woodland Heights subdivision. The 60' Bridal & U.E. was abandoned and replaced with a 30'D. & U.E. INFORMATIONAL COMMENTS The subject property must comply with the City of Southlake Drainage Ordinance No. 605, as amended. It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No. 479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records. Case No. ZA05 -020 Attachment D Page 2 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 04 -020 Date of Review: April 7, 2005 Number of Pages: 1 Project Name: Kimball Hills THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481 -5640. TREE PRESERVATION COMMENTS: All of the quality trees which consist predominantly of Post Oak are located around and about the existing structures on the property. The trees and other existing vegetation that exist around the two ponds in Lots 10 and 11, and which are not shown on the submitted plans, consist entirely of Black Willows and Cottonwood trees. The only trees currently proposed to be removed for the development of the property are existing in the right -of -way of Kimball Hill Court. Residential Subdivision Development: In a residential subdivision, all protected trees that the Landscape Administrator determines must be altered in order to install utility lines within public R. OW. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation Ordinance. Any protected trees within these areas that the Landscape Administrator determines do not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the Ordinance. All other areas of the subdivision shall be subject to both the tree replacement and the tree protection requirements, and all other provisions of the Tree Preservation Ordinance. Case No. ZA05 -020 Attachment D Page 3 Surrounding Property Owner Tracts 3, 3B, 3C, 3D, J. A. Freeman Survey, Abst. 529 Owner Zoning Land Use 1. Parker, Linda "SF -IA" Low Density Resid. 2. Minder, Dennis & Pattie "SF -IA" Low Density Resid. 3. Logan, John & Susan "SF -IA" Low Density Resid. 4. Carroll ISD "CS" Public / Semi - Public 5. Johnson, Carl & Marilyn "SF -IA" Low Density Resid. 6. Wang, Jeff & Chung -Ming "SF -IA" Low Density Resid. 7. Faglie, Darrell "SF -IA" Low Density Resid. 8. Fox, Todd & Kim "SF-IA" Low Density Resid. 9. Pearson, Carey & Kelly "SF -IA" Low Density Resid. 10. Nicastro, David & Marian "O -1" Medium Density Resid. 11. Nicastro, David & Marian "I -1" Industrial 12. Memo International, Inc. "I -1" Industrial 13. Ramsour, Donald "AG" Medium Density Resid. 14. Memo International, Inc. "AG" Medium Density Resid. 15. Gerlach, Roger & Jeann "SF -20A" Medium Density Resid. 16. Paul, Vincent & Naomi "SF -20A" Medium Density Resid. 17. Jones, Nancy "SF -20A" Medium Density Resid. 18. Eaton, Michael "SF -20A" Medium Density Resid. 19. Bosworth, Dwight; "AG" Medium Density Resid. Bosworth, Marcel & Karen; 620 S Kimball Partnshp Ltd Case No. ZA05 -020 Acreag 3.614 3.536 2.652 35.462 3.943 4.007 4.197 2.650 2.804 0.910 0.150 3.756 2.000 1.930 0.589 0.632 0.734 0.715 NA Attachment E Page 1 Surrounding Property Owner Responses Tracts 3, 3B, 3C, 3D, J. A. Freeman Survey, Abst. 529 Notices Sent: Twenty (20) Responses: Two (2) from within the 200' notification area. • Darrell Faglie, 505 South Kimball Avenue, Southlake, Tx 76247; favor. See attached faxed letter received 5 -2 -05. • Jeff Wang, 595 South Kimball Avenue, Southlake, Tx 76247; favor. See attached faxed letter received 5 -2 -05. One (1) from outside the 200' notification area: • Chin Po, 305 South Kimball Avenue, Southlake, Tx 76247; favor. See attached faxed letter received 5 -2 -05. Case No. Attachment F ZA05 -020 Page 1 05/02/2005 09 29 FAX 8174185085 May 2, 2005 To: Mayor,Council Members and P &Z Commissioners Re: ZA05 -020, Proposed Zoning Change for Kimball Tills Development Z001/00 As the residents and property owners in the immediate vicinity of the proposed gated Kimball Hills development, we are voicing our support for this development. The proposed development will enhance the value of adjacent properties and generate additional tax revenue for City. We are asking your favorable consideration for this development as proposed. Sincerely, Chin Po, 305 South Kimball Avenue, Southlake, (817) 640 -1108 Darrell Faglie, 505 South Kimball Avenue, Southlake, (817) 488 -7171 Jeff Wang, 595 South Kimball Avenue, Southlake, (8 17) 25 1 -1001 REC °D M AY 0 4d 200 Case No. Attachment G ZA 05 -020 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -456 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 3, 3B, 3C, AND 3D, SITUATED IN THE J.A. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 11.44 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -20A" SINGLE FAMILY RESIDENTIAL 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 Case No. Attachment G ZA05 -020 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off- street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Case No. Attachment G ZA05 -020 Page 2 WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts 3, 3B, 3 C, and 3D, situated in the J.A. Freeman Survey, Abstract No. 529, being approximately 11.44 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -20A" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Case No. Attachment G ZA05 -020 Page 3 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 provisions of those ordinances are in direct conflict with the provisions of this ordinance. Case No. Attachment G ZA05 -020 Page 4 SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that aviolation 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. Case No. ZA05 -020 Attachment G Page 5 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 MAYOR ATTEST: day of , 2005. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -020 Attachment G Page 6 EXHIBIT "A" Being Tracts 3, 3B, 3C, and 3D, situated in the J.A. Freeman Survey, Abstract No. 529, being approximately 11. 44 acres. Situated in the state of Texas, County of Tarrant and the City of Southlake, being a part of the J.A. Freeman Survey, Abstract No. 529, being all of a tract of land conveyed to Dwight R. Bosworth by deed recorded in Document No. D204296184 of the Deed Records of Tarrant County, Texas part of a tract of land conveyed to 620 S. Kimball Partnership, Ltd. by deed recorded in Volume 13487, page 394 of the Deed Records of Tarrant County, Texas, part of a tract of land conveyed to Marcel E. Bosworth and Karen Bosworth by Volume 15796, Page 57 of the Deed Records of Tarrant County, Texas and these premises being more particularly described as follows: Beginning at a %z inch iron rod set in the west right -of - -way line of South Kimball Avenue, marking the southeast corner of Carroll ISD No. 4 Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Slide £417 of the Plat Records of Tarrant County, Texas and the northeast comer of said premises; Thence with said west of right -of -way line and the east line of said premises as follows: South 00 °08'45" West, 59.86 feet to a' /s inch iron rod found, South 02'26'02" East, 74.50 feet to a' /z inch iron rod found, South 04 0 17 1 39" East, 221.25 feet to a 1 /Z inch iron rod found marking the beginning of a curve to the right; Thence with said west right -of -way line the east line of said premises and said curve to the right having a central angle of 02 ®04'0T', a_radius of 1098.50 feet, an arc distance of 39.66 feet and a chord bearing and distance of South 03 °16'45" East, 39.65 feet to a' /2 iron rod found marking the northeast corner of a tract of land conveyed to Donald M. Ramsour and Helen L. Ramsour by deed recorded in Volume 5129, Page 985 of the Deed Records of Tarrant County, Texas and the southeast corner of said premises; Thence with the north line of said Ramsour tract, the north line of Cambridge Place, Phase 1, an addition to the City of Southlake, Tarrant County, Texas according to the plat thereof recorded in Cabinet A, Page 2874 of the flat Records of Tarrant County, Texas and the south line of said premises, South 89 West, 1276.74 feet to a '/2 inch iron rod found marking the southeast comer of Woodland Heights, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Volume 388- 212, Page 56 of the Plat Records of Tarrant County, Texas and the southwest comer of said premises; Thence with the east line of said Woodland Heights and the west line of said premises, North 00 0 21'00" East, 394.74 feet to a 3/8 inch iron rod found marking the southwest corner of said Carroll ISD No. 4 Addition and the northwest corner of said premises; Thence with the south line of said Carroll ISD No. 4 Addition and the north line of said premises, North 89 °47'00" East, 1252.48 feet to the Point of Beginning and containing 11.44 acres of land. 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