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Item 7CCity of Southlake Department of Planning STAFF REPORT July 13, 2005 CASE NO ZA05 -024 P ROJECT: Zoning Change and Concept Plan for proposed Lots 1 -11 and 13, Miracle Point REQUEST: On behalf of J.F. and Melisa Denis, Miracle Pointe Development is requesting approval of a zoning change and concept plan from "I -1" Light Industrial District to "SF -20A" Single - Family Residential District. The plan proposes the development of 12 residential lots on approximately 7 acres. ACTION NEEDED: 1. Conduct public hearing 2. Consider second reading for zoning change and concept plan approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Concept Plan Review Summary No. 3, dated June 3, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -459 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA 05 -024 BACKGROUND INFORMATION OWNER: J.F. and Melisa Denis APPLICANT: Miracle Pointe Development PROPERTY SITUATION: 2200 Crooked Lane LEGAL DESCRIPTION: A portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "I -1" Light Industrial District REQUESTED ZONING: "SF -20A" Single - Family Residential District HISTORY: -City Council approved a zoning change from "AG" Agricultural District to "F" Light Industrial on July 6, 1971. -A site plan for Pumpco Truck Storage and Repair was approved in 1985, permitted under Zoning Ordinance No. 261. -The "I -1" Light Industrial zoning district was placed on the property with approval of Zoning Ordinance No. 480 on September 19, 1989. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan does not make any recommendation for the adjacent roadway. Existinz Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with Crooked Lane. As part of the development, the applicant will improve the intersection creating a four -way stop. The new street is proposed to have a right -of -way of 50 feet. The new street will also stub into the property to the north providing access to future development. Crooked Lane is a two -lane, undivided thoroughfare. The capacity of the existing roadway is approximately 8,400 vehicle trips per day. Under this condition, the roadway would be considered to operate under a level of service 'D'. Completion of this development will add approximately 115 vehicle trips per day to this section of Crooked Lane, bringing it to 3,671 vehicle trips per day. Case No. Attachment A ZA 05 -024 Page 1 May, 2004 traffic counts on Crooked Lane (between S. Kimball Ave & E. Continental Blvd 24hr North Bound NB 1,806 South Bound (SB) (1,750 NB Peak A.M. 227 8 — 9 a.m. Peak P.M. 197 3 — 4 p.m. SB Peak A.M. 223 8 — 9 a.m. Peak P.M. 190 3 — 4 p.m. PATHWAYS MASTER PLAN: WATER & SEWER: Traffic Impact *Vehicle Trips Per Day *The AM /PM times represent the number of vehicle trips generated during the peak travel times for a weekday on Crooked Lane. Use # Lots Vtpd* AM- IN AM- OUT PM- IN PM- OUT Single Family Residential 12 115 2 7 8 4 The Southlake Pathways Master Plan recommends an on- street bikeway along Crooked Lane adjacent to this development. The developer will upgrade the existing 6" waterline in Crooked Lane to an 8" line. An 8" line will be extended onsite to serve the proposed lots. Onsite sewer will be extended from the east to serve this site. TREE PRESERVATION: The only existing trees that are indicted to be removed for the development of the subdivision are within the right -of -way of Miracle Pointe Court. Both the Sewer and the water lines are proposed within the right -of -way. Storm drains are proposed in both the southwest corner and northwest corner of the development but should only affect two (2) existing trees in southwest portion of the west property line. DRAINAGE ANALYSIS: Approximately 2.6 acres of this site will drain to existing inlets in Cambridge Place Addition. The drainage system in Cambridge Place has been designed to handle the post development runoff from this property. Three acres will drain to the north and the remaining portion of the site will drain to Crooked Lane. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Westside study area to include the following changes: Land Use Recommendations • Underlying land use designation to Medium Density Residential. Mobility Plan Recommendations • Develop an interconnected system of trails and sidewalks along all streets to maximize pedestrian connectivity from neighborhoods to shopping and employment areas. Environmental Resource Protection Recommendations Case No. Attachment A ZA 05 -024 Page 2 • Preserve existing tree buffers adjacent to neighborhoods. P &Z ACTION: June 9,2005; Approved (7 -0) subj ect to Concept Plan Review Summary No. 3, dated June 3, 2005, with the following stipulations: • accepting the applicant's willingness to work with the staff between now and City Council meeting to reconsider his utility, drainage, and roadway placement, making whatever adjustments are necessary, including significant readjustment of the road in order to preserve the maximum number of trees; • accepting the applicant's willingness to put a fence along Crooked Lane that is similar in material and quality to the fencing along the Crooked Lane frontage of the Cambridge Place subdivision; • and, requiring an entry feature. COUNCIL ACTION: June 21, 2005; Approved first reading (6 -0) subject to Concept Plan Review Summary No. 3, dated June 3, 2005; • subject to the recommendations of the Planning and Zoning Commission; • requiring placement of three (3) trees per yard, 3 to 4 inch caliper with minimum of two (2) in front yard; • entry feature will be substantially similar to the rendering presented; • temporary turn around will be permanent in appearance; • and, applicant has agreed to work with adjacent residents on fence agreement. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated June 3, 2005. N: \Community Development \MEMO \2005cases \05- 024ZCP.doc Case No. ZA 05 -024 Attachment A Page 3 Vicinity Map Portion of Tract 6K1, J. H. Freeman Survey, Abst. 529 1\1 Is Case No. ZA 05 -024 E Attachment B Page 1 1000 0 1044 2040 3000 Feet I 1*1 21 M F " F A -P LOT 3 BLOCK A —J SB9'01'23'w 70565' w ew.mw. a. m. mn�u. -... wm avti. w�..�.��•. I �I�� 7 z =—MUM fl %— .. 2 SCALE 1'= 4d LEGEND �� U5 MA'y 2 CASE NO. ZA 65-024 CONCEPT PLAN FOR SF-20A ZONING REQUEST 7.08 ACRES OF LAND, 12 LOTS AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT CWNTY, TEXAS, OUT OF THE JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, MARCH — 2005 RIVE 710 -20' Fort I-- n Li; ro LOT 5 BLOCK G 5 9 T 12 A -P LOT 3 BLOCK A —J SB9'01'23'w 70565' w ew.mw. a. m. mn�u. -... wm avti. w�..�.��•. I �I�� 7 z =—MUM fl %— .. 2 SCALE 1'= 4d LEGEND �� U5 MA'y 2 CASE NO. ZA 65-024 CONCEPT PLAN FOR SF-20A ZONING REQUEST 7.08 ACRES OF LAND, 12 LOTS AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT CWNTY, TEXAS, OUT OF THE JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, MARCH — 2005 RIVE 710 -20' Fort I-- n BLOCK A T 12 LAI LOT LOT 1,3 msa 16.1 I A -P LOT 3 BLOCK A —J SB9'01'23'w 70565' w ew.mw. a. m. mn�u. -... wm avti. w�..�.��•. I �I�� 7 z =—MUM fl %— .. 2 SCALE 1'= 4d LEGEND �� U5 MA'y 2 CASE NO. ZA 65-024 CONCEPT PLAN FOR SF-20A ZONING REQUEST 7.08 ACRES OF LAND, 12 LOTS AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT CWNTY, TEXAS, OUT OF THE JOHN H. FREEMAN SURVEY, ABSTRACT NO. 529, MARCH — 2005 RIVE 710 -20' Fort I-- n r� N ' A I n V � - - -. 1fi 111r +VGM LqM44 15' a •— Z7e.74' FFMFMM IXd Illlllf ME]QIF dMM i — — — _ _ — _ — — — — — —e,l� , E■,IllIX■ u I I AREE6 EAEELEXT Fas F1iUPCEIES 7d UflJI7 FASO.orT' _ 127.7 7w Low LFe I I [�y TFYIPOFYIl1' N■1AE31BON ACCUE DMENr I'M g ownNG UNnL 671iEFF QlF}b17N IS [tliST11CIf7ED z Ul r r L HMEETT E N 9 kn N i, 9nE -SI ul PLT WALL 1 ] sYll➢NG No1rn lxs Is c av,am s _ LEAN F. & IAELISA R. DENIS ` b PWPOMD SP -1 FOR 4 -1 ZNING I �, I g x4,956 50. FT. 21395 SQ. F ag 56' I U IE J lllrw'7 rises' -- (`lYnx - sE0S271 W.Jo' Pr _ n LOT ' 2 �� I P= 170.[Xf i wr I .. Etiw°®!m �r 1n67.aY 0r 38,786 36. FT. aJ I 3 wrww w XuLawo u C �o euLGNC UIE NF37121 r 23 "E 1 w "s.18 5 + a■aa f r T O 20514 97. Fl. 9 4a' XYF UNE i f } d a -�� ,� ,e a laNC !E of LOT 10 T3 �9 LOT 11 3 $ �� LOT '3 I - e! `�I 20,G20 sa FT. xo ool sa FT. •� g N� 31�9aa sa F g T ii` HIIOYI: LYE " �EA ILLHG � %NE �.70 BL1lDI LG LYE I � '� � � L-ax7r R r Sfi " ?5'1 RF � � a• ■u Lee J � x04334 50. FT. f . , +' 7• r * I qI } I g se■m'aYw MRACL �POIN I re_la �v R =150.0 L=7o (50' R43W�r Id Dw L -9.76' R 10ILG0' Ye!°' L-%57' A7 ,1x' NB9'S$'48 147.60 , ae.X l - r @'F.75 S[I. ! 2 P E,' EFEI CCM H E P'AiEMENr �i�167� 1 a7 EIU LI E rd•78a CO' Ym.R +ire ■ ,a 'e j { I F JFAW F. k NELSA !� CE IS q 4 yY - lSwa PNOFOSEO 5F20A ZQNI I ay RUU LNE + + 1 5 4 X941 g 4 Fr. ^ 1 2WUl s511 FT, 28.835 sq Fr. 20.001 s 1 + � 24,005 S0. FT. J XO' Ep71lDIXo- uXE is' BUIUMN unE Kf I3ULhli LIE J LLl7Wa LeC F d P HFATE P 1AY EW6 J F7EME N P AR_M CRAeNCE CIEI'!{AlE FA9EIJEMT — — L ,LSRY 1f7.3Y 117.7Y � 77~ lIQ7f' J FONT CF 9EGINNNG i CAMBRID @ x ,5' PWA7E UNr1WPE� -- E EAST A➢OI BN T A 114M EAEEUM CARNET D F x@ 20 32 LOT 3 LOT x LOT 1 I ZONED SF 2EL1 LOT 6 LOT 9 LOT i NIAOIO ETU %MI6 NYE N. WOEIAWAD PE■ACHA ETU% LAIAIE]ICE CUMBER ETO Ruera 91EYE XEIIAf CYIEM L CA9EY WfiA A. KAFWRALW 01.E11 A. Elll %ANY IL II ,-us% n. pY,rya VNJme 7 FIN. 3-, YR. 1Pas7 F� CP73 Nd. DI �F . OIA6 Fq LLJlIC 40L 7P5TF. P0. ■IBP A]m Y161 [NOS rAY ue YmIY eG0i1T I®eYL Lln YialY eoo,r 1@d,YL I llQ Y91Y mi1TY�11YL Yn YmIY Ede1Y IGm11VL LICI Y■IW EG■,T IC�WIIYL uc Ym�lelllrl®IIN I r Y . i r J f r , F t N \ 1 PROJECT SIGNACE PR O JEC T ID NTITY AT CROOKED LANE CONCEPTUAL ELEVATION !M CF00KED L-r%riL �- n Lu I ly II II !M CF00KED L-r%riL �- n Safeguard of trees: a. We will present multiple options for the layout of the street to confirm the optimal solution. b. We will move the North/South street 6 feet to the East. c. The location of the North/South street was selected to minimize the grading and drainage issues for the back lots therefore to minimize tree damage or loss due to changes in elevation. d. Grading for the street will be kept to a minimum as per the city guidelines to help the surrounding trees. e. We will offer to plant trees for each lot sold. f. We will move the utilities and the drainage system to minimize damage to trees. 2. Deed Restrictions/Homeowner Association: a. The deed restrictions will specify: i. Minimum house size of 4,000 sq feet ii. Minimum masonry iii. Type of masonry b. Inform about lot 12 S -P -1 zoning positive confirmation that residents of Miracle Pointe understand commercial use of Lot 12 c. Need to plant trees d. Define architectural committee 3. Concept for the entry of the subdivision: a. Enhance the Cambridge place wall b. Showcase the exclusivity of the subdivision with signage naming development 4. Drainage: a. We will be flexible in placing the drainage system to minimize the impact on the trees while maintaining its effectiveness. b. The propose drainage system will drastically reduce the current surface runoff on the south and the west boundaries. Water pipe improvement: a. Reimbursement from the City -water pipe improvement from 6' to 8' from Kimball extension to Miracle Pointe. Case No. ZA 05 -024 Attachment C Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA05 -024 Review No.: Three Date of Review: 06/03/05 ect Name: Concept Plan — Miracle Pointe APPLICANT: Jean F. & Melisa A. Denis 2741 Springhill Dr Grapevine, TX 76051 Phone: (214) 840 -2451 Fax: (214) 840 -2051 ENGINEER: JDJR Engineers and Consultants Jim Dewey 2500 Texas Dr, Suite 100 Irving, TX 75062 Phone: (972) 252 -5357 Fax: (972) 252 -8958 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/23/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN 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. Provide a temporary turnaround in compliance with City Fire Department requirements. 2. Show the approximate 65 LDN contour line clearly noting the affected lots. INFORMATIONAL COMMENTS The subject property must comply with the City of Southlake Drainage Ordinance No. 605, as amended. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This review is based on the "SF -20A" Zoning District Regulations. Case No. Attachment D ZA 05 -024 Page 1 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 05 -024 Date of Review: May 12, 2005 Number of Pages: 1 Project Name: Miracle Pointe (Zoning / Concept Plan) 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) 748 -8229. TREE PRESERVATION COMMENTS: The only existing trees that are indicted to be removed for the development of the subdivision are within the right -of -way of Miracle Pointe Court. Both the Sewer and the water lines are proposed within the right -of -way. Storm drains are proposed in both the southwest corner and northwest corner of the development but should only affect two (2) existing trees in southwest portion of the west property line. 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.O.W. 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. ZA 05 -024 Attachment D Page 2 COMPREHENSIVE PLAN REVIEW SUMMARY Case No.: ZA05 -024 Review No.: One Date of Review: 5/12/05 Project Name: Miracle Pointe APPLICANT: ENGINEER: Miracle Pointe Development JDJR Engineers and Consultants CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 2/28/05 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT Jay Narayana AT (817) 748 -8070. Land Use Plan Recommendations Land Use: Medium Density Residential Site Specific Recommendations 3'♦ No site specific recommendations affecting this development. Mobility Plan Recommendations • Develop an interconnected system of trails and sidewalks along all streets to maximize pedestrian connectivity from neighborhoods to shopping and employment areas. Case No. ZA 05 -024 Attachment D Page 3 Environmental Resource Protection Recommendations • Preserve existing tree buffers adjacent to neighborhoods. Other Comprehensive Plan Element Recommendations No significant recommendations affecting this development. Case No. ZA 05 -024 Attachment D Page 4 Surrounding Property Owners Proposed Lots 1 -11 and 13, Miracle Point Owner Land Use 1. Cadiz, Jesse L "SF -20A" Medium Density Resid. 0.480 2. Eberhart, Jeffrey & Diane "SF -20A" Medium Density Resid. 0.468 3. Lento, Markku & Camilla "SF -20A" Medium Density Resid. 0.491 4. Jolley, Monte G "SF -20A" Medium Density Resid. 0.538 5. Johnson, Kevin & Kelly "SF -20A" Medium Density Resid. 0.549 6. Taylor, Bradley & Deane "SF -20A" Medium Density Resid. 0.715 7. Ervin, Richard & Terri "SF -20A" Medium Density Resid. 0.534 8. Gerlach, Roger & Jeann "SF -20A" Medium Density Resid. 0.589 9. Paul, Vincent & Naomi "SF -20A" Medium Density Resid. 0.632 10. Lee, K Wayne 1 I -1" Industrial 0.684 11. Memo International, Inc. "AG" Medium Density Resid. 1.930 12. Ramsour, Donald "AG" Medium Density Resid. 2.000 13. Memo International, Inc. 1 I -1" Industrial 3.756 14. St. John's Baptist Church "CS" Industrial 9.829 Gp 15. Cesander, Laurence &Patrick "SF -20A" Medium Density Resid. 0.492 16. Peracha, Mohammad & "SF -20A" Medium Density Resid. 0.512 Rubina 17. Oneal, Harold & Janet "SF -20A" Medium Density Resid. 0.491 18. Terwin Advisors Llc. "SF -20A" Medium Density Resid. 0.511 19. Kapouralos, Mark "SF -20A" Medium Density Resid. 0.509 20. Casey, Steven & Cassidi "SF -20A" Medium Density Resid. 0.483 21. Denis, Jean & Melisa "I -1" Industrial 8.000 Case No. Attachment E ZA 05 -024 Page 1 Surrounding Property Owner Responses Proposed Lots 1 -11 and 13, Miracle Point Notices Sent: Twenty -one (2 1) Response: One (1) from within the 200' notification area. Adel M. Elborai, President of Memo International Inc., 722 S. Kimball Ave. Southlake, 76092; opposed. See attached property owner response form received 6 -3 -05. See attached letter received on 6 -21 -05 withdrawing previous objections. Response: None (0) from outside the 200' notification area. Case No. ZA 05 -024 Attachment F Page 1 Property Owner-Response Form Reference: ZA 0 S '-- 0 a 6 1 Being the owner(s) of the property so noted, do hereby favor /oppos (circle or underline one) the proposed rezoning of the above referenced pr Y. Signature Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 REM JUN C 2005 NACommunity Development \WP- FILESTORMSIofficial petition.doc Case No. Attachment F ZA 05 -024 Page 2 LAW OFFICE OF W. MICHAEL CLAY ATTORNEY AND COUNSELOR AT LAW Bus. 9721401 -1030 6565 N. MAcARTi -m BLvn. Sam 140 IRvINO, TX 75039 FAX: 972/401 -2701 June 17, 2005 City of Southlake Planning Dept. 1400 Main St., Ste 310 Southlake, TX 76092 Re: ZA05 -024, ZA05 -025 and ZA05 -026 Dear Sir or Madam: On behalf of my client, Memo International, Inc., we withdraw our previous objections to these cases. Thank you for all your efforts regarding these cases and for taking into account our concerns in the location of Miracle Point Court as it abuts our property. Sincerely, W. Michael Clay Cc Mr. Adel Elborai Mr. and Mrs. Jean Denis RECD J U N 2 1 2005 ZA05 -02 4 -�-D:,s Case No. Attachment F ZA 05 -024 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -459 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS A PORTION OF TRACT 6K1, SITUATED IN THE J.H. FREEMAN SURVEY, ABSTRACT NO. 529, BEING APPROXIMATELY 7.08 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "I -1" LIGHT INDUSTRIAL 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 "I -1" Light Industrial 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 G ZA05 -024 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 Case No. Attachment G ZA05 -024 Page 2 lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 7.08 acres, and more fully and completely described in Exhibit "A" from "I -l" Light Industrial 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, Texas, to reflect the herein changes in zoning. Case No. Attachment G ZA05 -024 Page 3 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 affinned. 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. Case No. Attachment G ZA05 -024 Page 4 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. SECTION 10. Case No. ZA05 -024 Attachment G Page 5 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 -024 Attachment G Page 6 104 1 4 . I: Being a portion of Tract 6K1, situated in the J.H. Freeman Survey, Abstract No. 529, being approximately 7.08 acres. LEGAL DESCRIPTION BEING of a tract of land situated in the JOHN H. FREEMAN SURVEY, ABSTRACT NC. 529, City of Southlake, Tarrant County. Texas, according to the deed recorded in Volume 15668, Page 224, Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1f2 inch iron rod found in the Westerly line of County Road No_ 3009, more commonly known as Crooked Lane (a variable width right -of -way), and formerly known as South Kimball Road, said point being by deed calls, a distance of 1,864.79 feet north and 374.4 feet west of the Southeast corner of said Freeman Survey; THENCE, south 89 degrees 01 minute 23 seconds west (basis of bearings for this description) at 12-00 Feet passing the northeast corner of Lot 1, Block 2, of the Revision of Cambridge Place East (being a Revision of Lot 8R, Block 1 Greenlee Business Park, Phase 1) according to the plat thereof recorded in Cabinet A, at Slide 2832, Plat Records„ Tarrant County, Texas, and continuing on the same course and with the north line of Lots 1 through 6 in Black 2 of said Cambridge Place East an additional distance of 693.65 feet for a total distance of 705.65 feet (deed: 705.53 feet) to a 112 -inch iron rod found in the east line of Block 2, Cambridge Place, Phase I Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2873, Plat Records, Tarrant County, Texas;; THENCE, north 00 degrees 07 minutes 29 seconds west (deed: north 00 degrees 20 minutes 40 seconds west) with said east line of Block 2, Cambridge Place, Phase I Addition, a distance of 493.08 Feet (deed: 492.861 feet) to a 112 inch capped iron rod found in the south line of a tract of land described in deed to Wayne K. Lee, recorded in Volume 7953, Page 2249. Creed Records, Tarrant County, Texas: THENCE, north 89 degrees 01 minute 23 seconds east with the south line of said Lee tract a distance of 467.36 feet to a point for corner; THENCE, south 44 degrees 58 minute 37 seconds east a distance of 273.02 feet to a point for corner; THENCE, south 56 degrees 25 minutes 18 seconds west a distance of 16.16 feet to a point for corner; THENCE, along a curve to the left with a radius of 150.00 feet a distance of 5.76 feet to a point for a corner; THENCE, along a curve to the left with a radius of 100.00 feet a distance of 45.12 feet to a point for a corner; THENCE, south 89 degrees 58 minutes 46 seconds east a distance of 10.00 feet to a point for Case No. Attachment G ZA05 -024 Page 7 corner; THENCE, north 00 degrees 58 minutes 37 seconds west a distance of 164.23 feet to a point for corner; THENCE, north 89 degrees 01 minutes 23 seconds east a distance of 192.18 feet to a point for corner; THENCE, south 00 degrees 01 minutes 14 seconds west a distance of :357.17 feet to the PLACE OF BEGINNING. Containing a computed area of 308,405 square feet or 7.08 acres of land. Case No. ZA05 -024 Attachment G Page 8 rM rM X7— tt L 1 * w REM VIIA CASE NO, 7A 05--O24 CONCEPT PLAN FOR SF-20A ZONING REQUEST 7.08 ACRES OF LAND. 12 LOTS AN AllDlllllNZ OTY 0IS1111INLAIIE, TARRAN I T A � . T OF THE JOHN H. FREEMAN "%e Y, ABSTRACT Na 521. MARCH - 2W5 I M-4-1