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Item 8BCity of Southlake Department of Planning STAFF REPORT July 13, 2005 CASE NO ZA05 -058 PROJECT: Zoning Change and Development Plan for The Cliffs REQUEST: On behalf of Avin F. Oien, Jr., Terra Land Management is requesting approval of a zoning change and development plan for The Cliffs from "AG" Agricultural District zoning to "R -PUD" Residential Planned Unit Development District zoning. The plan proposes the development of approximately 56 acres consisting of 57 residential lots and 2 open space /proposed city park lots. Under the "R -PUD" Residential Planned Unit Development district zoning the applicant proposes the following: • This Residential Planned Unit Development shall abide by the "SF -20A" Single Family Residential Zoning District and the Subdivision Ordinance No. 483, as amended, with the following exceptions: • Front Yard: The minimum front yard of a lot shall not be less than 30 feet. • Side Yard: The minimum side yard shall not be less than 10 feet. • Side Yard Adjacent to a Street: The minimum side yard abutting a street shall not be less than 25 feet. • Lot Width: Each lot shall have a minimum width of 80 feet. • Rear Yard: Each lot shall have a minimum rear yard of 30 feet. • Rear Lot Width: A rear lot width of 125 feet adjacent to certain lots shall not apply. • Buffer Lots: Buffer lots adjacent to certain lots shall not apply. (Please refer to page 2 of Attachment `C' for specific regulations.) ACTION NEEDED: Consider first reading for zoning change and development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Development Plan Review Summary No. 2, dated July 1, 2005 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480 -462 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -058 BACKGROUND INFORMATION OWNER: Avin F. Oien, Jr. APPLICANT: Terra Land Management PROPERTY SITUATION: The property is located on the west side of 3800 block of N. White Chapel Blvd. and the east side of 3900 block of T.W. King Road. LEGAL DESCRIPTION: Tracts 1B & IA, W. Mills Survey, Abstract 1086; Tract 3, W. Mills Survey, Abstract 8771); Tract 2, W. Medlin Survey, Abstract 1958; and Tract 4, W. Medlin Survey, Abstract 1588D. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "R -PUD" Residential Planned Unit Development District HISTORY: There is no development history on this property. TRANSPORTATION ASSESSMENT: Master Thorouahfrtre Plan The Master Thoroughfare Plan recommends N. White Chapel and T.W. King Road adjacent to the proposed subdivision to be undivided, 2 -lane collector roadways with 70 feet of right -of -way. Right -of -way is being dedicated accordingly. Existinz Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with T.W. King Road. The proposed subdivision is also making a street connection into Clariden Ranch Phase 3. The connection into Phase 3 will provide access to N. White Chapel Boulevard. Both N. White Chapel Boulevard and T.W. King Road are currently 2 -lane, undivided roadways. The capacity of the existing roadway network is approximately 8,400 vehicle trips per day. Under this condition, each roadway would be considered to operate under a level of service `D'. This development is not expected to warrant expansion of the existing roadway networks. Case No. Attachment A ZA05 -058 Page 1 May, 2004 traffic counts on N. White Chapel Blvd (between Dove St and Bob Jones 24hr North Bound NB 1,187 South Bound SB 1,193 NB Peak A.M. 129 8 — 9 a.m. Peak P.M. 121 5 — 6 p.m. SB Peak A.M. 103 7 — 8 a.m. Peak P.M. 106 7 — 8 p.m. May, 2004 traffic counts on T.W. King (between Kirkwood and N. Trophy Wood 24hr West Bound NB 493 East Bound SB 382 NB Peak A.M. 68 8 — 9 a.m. Peak P.M. 51 5 — 6 p.m. SB Peak A.M. 36 8 — 9 a.m. Peak P.M. 50 3 — 4 p.m. Traffic Impact Use # Lots Vtpd* AM- IN AM- OUT PM- IN PM OUT Single-Family Residential 57 545 11 32 37 21 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on N. White Chapel Boulevard and T.W. King Road. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends an 8 -foot multi -use trail through the Corp of Engineers property and along the southern edge of the development that ultimately connects into the trail system along T.W. King Road and State Highway 114. The applicant is proposing a trail through the two proposed City parks and along the south side of road B' to T.W. King Road. Additionally, the subdivision ordinance requires minimum 4 -foot wide sidewalks on both sides of the streets within the subdivision and must provide safe connections to City trails. WATER & SEWER: Water Lots 20 -25 will be served directly from an existing 12" line on N. White Chapel. The remaining lots will be served by a proposed 8" line that connects an existing line in Clariden Ranch to a proposed 12" line on T.W. King. Sewer Sewer will tie into an existing manhole located in the Corps of Engineers property. TREE PRESERVATION: The proposed dedicated parkland areas are virtually void of any quality trees. Lot 19, Block 2 is the location of the TXDOT contractor during the construction the 114 Highway. The gravel base and debris that served as a parking lot and building pad for the contractor's offices still remains on the east portion of Lot 19. The existing tree cover within the subdivision is mostly Post Oaks and Cedar Elms. These forested areas are proposed to be the locations of the home sites in Block 1 and the western portion of Block 2. Almost all of the utilities are proposed within the right -of -way except for a Case No. ZA05 -058 Attachment A Page 2 storm sewer which is located in an easement between Lots 4 and 5, Block 1. DRAINAGE ANALYSIS: Stormwater is collected throughout the site, carried by pipe, and released from three discharge points into a Corps of Engineers Flowage Easement. The current study does not show planned detention. A more detailed study during final design will require certification that there are no adverse impacts down stream. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the State Highway 114 study area to include the following changes: Land Use Recommendations • Existing LUP Designation - Low Density Residential with the Rural Conservation overlay. The proposed development does not meet the criteria for LD- Residential. Definition of LD- Residential — "detached single - family residential development at a net density of one or fewer dwelling units per acre ". Mobility Plan Recommendations • Evaluate connectivity through the site between White Chapel Blvd. and T.W. King. • Maximize pedestrian connectivity to Bob Jones Park and to the trail network. Environmental Resource Protection Recommendations • Identify environmentally sensitive areas. • Preserve any significant tree stands and design the development using any environmental features as an asset to the proposed development. Consider altering the lot layout to allow more lots to face the city park P &Z ACTION: July 7,2005; Approved (5 -0) subject to Development Plan Review Summary No. 2, dated July 1, 2005, and noting the developer has agreed to: • dedicate Lot 25, Block 2, as open space /park for the purpose of a parking area; • provide a trail extending from the area noted along N White Chapel to the frontage /access for the open space /park shown as Lot 19, Block 2 (east park) north of Lot 20, Block 2; • provide a minimum of 10 feet of frontage /access north of Lot 20, Block 2 for the open space /park shown as Lot 19, Block 2; • provide up to 7 parking spaces for the open space /park shown as Lot 5, Block 2 (west park), but deferring judgment of the parking need to the Park Board; • the open space /park shown as Lot 5, Block 2, even if accepted as a public park, shall be maintained by the Home Owner's Association; Case No. ZA05 -058 Attachment A Page 3 • and, prior to any City acceptance of the public parks, a level two environmental site assessment will be conducted and provided to the City. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated July 1, 2005. Please note that the Zoning and Development Plan as proposed is not compliant with the City's Master Land Use Plan's "Low Density Residential" Land Use Designation on the subject area. A justification letter from the applicant is included as part of Attachment `C'. Any motion for approval of this item should include justification for non - compliance with the Land Use Plan. N: \Coinmunity Development \MEMO \2005cases \05- 058ZDP.doc Case No. Attachment A ZA05 -058 Page 4 Vicinity Map Tracts 1B & 1A, W. Mills Abst. 1086; Tr 3, W. Mills Srvy, Abst. 8871); Tr 2, W. Medlin S rvy, Abst. 1955 Tr 4, W. Medlin Srvy, Abst. 1588D 99 1 1 000 0 1000 2000 3000 Feet Case No. Attachment B ZA05 -058 Page 1 o� 00 i m A b � Q � I N E 2618 fib rcr fiLP,✓taxd - - -- - H �.I {4,.[ � r...• ` ,.� I, TI 5 a°RBe -h" 22 +�..If S li �HII.,> ��-' IN `I i Itp _ L I 9` �t a i .!; °""`• I I 20 21 6 " Pi 3 I 11 a I vL IB L I a .�~ •� \ ' 22' ._� I .N - - _�I � �tJ ..,, � °� k' i L5 j �{•� r . J ': ° ,r ,w: �� • •1 • Vyi 6 � I I U 1 14 I , { u13 F FS u, '� V I • � I I m g e{ ��:- y' � y / / / �& T�lra� � ~ � � ~� , ••1 23 I I I I I l 1 _ N 89 °STSx` E 5 6' - I v yr 16 � NGaG •� � \ ` `' ;. s,... a , • I ' I i `. , � - I - - I - _ � — � � �� -� . ~� acus¢.a asu,w e,w, � T -N! � '�``� �/ _ a° L �� 1 . 1 _ I I I yy ��1 E .•.^Z. ,�. 3 i �' � —. �A �,.1. "\ .`�a � cLg/ mil' • ' •-.,• "•-^' Trail / �. j�[ wl � I _L[ Ely Wk 9 P y • _ _/ ¢, / / „ f • - �f00 tti ROGD PLUM ' • Y II 1 I` 1 _ ° ��- e , s 'F°°. : � r 4 N I4 — L ' F T J"�P nowace easercr, I _ 7 N, �°..-Yw ;4`" � - 7 - m � I`III 589°S1'19 - w STT.2S _ L' NB 2 0; , W ae Ll Pj Li I q . -_. I I aT fi 1 / �' >�.r / °`1_• ,- 6_ /� i -�;: .K�e �.,a�,E. �e�P.,:,.� I:1 f ` W E 14 ^ %'• PRELIMINARY ` °°° " O °° PRELNARY PLAT f() EVELOPMENTPLAN 13` Y+ S .,. er a.,.,,. �a. o, a�.., T,» mn, e< ee.,.,„ eare..e.[o.rt°n.�.,..v�navLnre[, Esl nae -LOY SUeomsvx t � A BL6C %,, LOTS T36, BLU[%2LOTS IIR SITE 3 ..- ..�,... sm d•, c� .]. �. �[.,..., �.., ��w, m.,., r ,�.�..��,,.m,�e.��.....,a6,F�TY SLoc %aLaT56a ��` -�- 1 JJ !_�- sre oASA SU]nknr LT6FkT �"[• ,,., , wq Y],..Nae. .oN,Ane[e.�r.,„e THE E l+J-+IFFS ` (� ••w. � (1 _ L.,arsxe PeDPDSm .°.� .....®.s,,..�,..°. Amrnoxro Te]6 I.00AT[ON MAP . �., e« e,,............. ee,.,. .,........... • ",w», • ' f° ' w —'-""� cttv of SOLmnnHe TARPAlir CGLRafT', TExAS w .m 5556 ADRE9 WTaFTNEw 51mvEY5, dBSilUC55 6iTD d 1066 lAta) USE sr.EmE {ALL 0lIE PHASE) nis nK & vP dNOTxEw LIEDIIN REX]Q0 r5 t65ede5e96 P Lr IX rt x6t �/ Y1 us. ryu/ ual v wli t6.u. %.w®a rrt .mES pE LOPM ENGINEER _ s cnitT¢rn sr /]6 !s£ nfeukD (74YT1FA Hn H ❑6AM1W+GFM6M C4i6PwNY DeOTEINC. w vn¢/rrA.,imwn v Ta �hs �,r°cl F -oMF. i §S W- lM1V£6T PANtwAY.6PREa6G Shc FASTLWP530 HDkl]6 � SQLixQAdE, iEXA.4 YEtl4E F[1RT VRSTN�E%A5 T61 Aeamse[Tae® [a,71 /66AiGl A%(6)YI 0,66205 [FSJI SFSmm fatil5?G -GSW '1nnG GITYCASEA ZAOS-058 AND ZA05-059 H- n Residential Planned United Development District for Clariden Ranch IV This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -20A" single - family residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than twenty thousand (20,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet. Side Yard Adjacent to a Street: The minimum side yard abutting a street shall not be less than twenty -five (25) feet unless otherwise noted. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Rear Yard: Each lot shall have a minimum rear yard of thirty (30) feet. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development. Section 8.01G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. Case No. Attachment C ZA05 -058 Page 2 TERRA /CLARIDEN, L.P. Monday, May 16, 2005 Re: Zoning of 56 ac Oien Tract on White Chapel across from Bob Jones Park Terra has contracted to purchase the 56 -acre tract of land adjoining and south of Clariden Ranch Phase III. The tract is across White Chapel from Bob Jones Park. This has to be one of the most "challenging" vacant tracts in all of Southlake. At the southern boundary of the project stands a cell phone tower. Center and along the south boundary lays more corps of engineers land similar to the corps land in Bob Jones Park. Part of this land also has been dumped on and mined. The west neighbor of the tract has both a TXU and a Tri- County power station with power lines along part of the southerly boundary line. There is also a microwave tower along TW Ding as well as a Trophy Club elevated water tower and a ground storage City of Southlake water tower, The tract is also in the flight path. Years ago the tract was mined for sand and gravel leaving it very disturbed. Lately debris and construction debris has been dumped on a portion of the site. It is not very attractive in it's present state and will need much clean up work. The tract has a low- density land use designation and is zoned AG at this time. Years ago we heard from the residents in the area that they valued the rural drive along White Chapel as they drove to their neighborhoods. They also place a high value on low density. Because of this we asked for one -acre lot zoning for Clariden Ranch M. We also worked with the school in our planning giving a wide open feel to the drive down White Chapel. This plan also is sensitive to those concerns. We are planning six one -acre lots along White Chapel to give the low density feel as the neighbors drive White Chapel. Behind these lots is a 10+ acre park. Far to the west of the site we do cluster our housing. This is far enough away that the residents to the north of the neighborhood will never see these homes unless they use the parks in the project. We started our planning with the assumption that we would comply with the low density requirement. This has been accomplished by adding 25 %+ of parks and open space. While the tract of land has a lot of negative it has one unique feature and that is "The Cliffs ", These were the result of the earlier mining. We feel that this can be the focal point for the project. Our plan is to add open space in front and on top of the cliffs to create a special place. As the plan shows this becomes the jewel of our project. YEUD MAY 16 2005 Terra / Clariden, L.P. ** 395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817 -410 -9201 * Fax 817 -410 -9205 ** Case No. Attachment C ZA05 -058 Page 3 TERRA /CLARIDEN, L.F. Clariden Ranch has set a high bar for development in the area. If this site were natural we would continue one -acre lot development. However, this site is far from natural. The cleanup alone will be costly and some of the site is not suited for home development. Our plan is sensitive to the neighborhood concerns as well as fitting within the low - density guidelines. With our 25 %+ open space and quality development we are asking that the City partner with us in taking the most challenging site in Southlake and making it one of the best neighborhoods. ZAGS - ®s8 Terra/Clariden, L.P. ** 395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817 - 410 -9201 * Fax 817- 410 -9205 Case No. ZA05 -058 Attachment C Page 4 DEVELOPMENT PLAN REVIEW SUMMARY Case No: ZA 05 -058 Review No: Two Project Name: Development Plan — The Cliffs APPLICANT: Terra Land Management Co. Paul Spain 395 W. Northwest Parkway, Suite 300 Southlake, TX 76092 Phone: (817) 410-9201 Fax: (817) 410 -9205 Date of Review: 7/01/05 ARCHITECT: DeOtte, Inc. Rich DeOtte 2553 E. Loop 820 North Fort Worth, TX 76118 Phone: (817) 589 -0000 Fax: (817) 590 -8600 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/20/05 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 DENNIS KILLOUGH AT (817) 748 -8072. 1. Correct the following items shown on the plan /plat: a) Correct the discrepancies between the legal description and the graphic labels in the distances for calls 91 & #12. b) Provide the deed reference for all adjacent unplatted properties and the plat reference for all adjacent platted properties. c) Label all existing easements on or adjacent to this site with the type and width. Label the filing record for existing easements. Several easements have not been shown and/or labeled d) Identify the easement located between Lots 4 & 5, Block 1. e) Provide a Pedestrian Access Easement along the frontage of Lots 1, 2, 3, & 3, Block 2, for the proposed trail or locate the trail within the R.O.W. f) Where adjacent property is un- platted or platted showing a 5' U.E., provide a 5' U.E. along the property line. If adjacent property is platted and shows no easement, provide a 10' U.E. along the interior of the property line. However, Staff recommends that easements be placed only where needed to provide necessary utility services and, where possible, be placed in a manner that minimized impacts on existing quality trees. g) Extend the common access to include Lot 20, Block 2. Staff recommends extending the common access easement through the frontage of all lots facing N. White Chapel. h) Locate drainage easements in a manner that promotes tree preservation. i) Correct the street name to North White Chapel Blvd. Case No. Attachment D ZA05 -058 Page 1 j) Label the existing R.O.W. width for T.W. King Road and N. White Chapel Blvd. Label the width of the traveled roadway pavement. k) Label the width of the street pavement for the divided street section on Sunset Ranch Rd. The divided street section must meet minimum fire lane width requirements. 1) Remove the "existing" column and add a line for "existing zoning" and "existing land use designation" to the site data chart. m) Remove the lines for "parking & loading ", "total floor area" and "impervious coverage" in the site data chart. n) Show the approximately limits of the 65LDN Airport Overlay Noise Corridor. 2. Show and label the width of all proposed sidewalks and trails. The sidewalks should connect new and existing neighborhoods to the trail network and should maximize pedestrian connectivity from neighborhoods to Bob Jones Park. Provide a connection to trails on the east side of N. White Chapel and show required sidewalks on both sides of internal streets. The subdivision will require 4' sidewalks on both sides of the streets. 3. The following changes are needed with regard to lot layout: a) Revise the lot area for Lot 4, Block 3, to meet the 20,000 square foot minimum lot area. b) Provide adequate street frontage for the proposed park onto N. White Chapel Blvd. Staff recommends extending the boundary from the northern `L' corner of the Corp property boundary perpendicular to N. White Chapel Blvd and eliminating Lot 20. 4. Prior to submitting a final plat and developer's agreement for review and approval, a recommendation from the City's Park Board regarding the proposed park land dedication must be received. The recommendation will be forwarded to the Planning and Zoning Commission as part of the consideration for the final plat approval and to the City Council, including the recommendation of the Planning and Zoning Commission, as part of the consideration for the developer's agreement approval. INFORMATIONAL COMMENTS Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement. 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 -058 Attachment D Page 2 * A Developers Agreement is required prior to construction of any public infrastructure. The Developer's Agreement for this addition should consider streets, drainage, park dedication requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees. Case No. Attachment D ZA05 -058 Page 3 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 05 -058 Date of Review: June 30, 2005 Number of Pages: 1 Project Name: The Cliffs (Zoning / Development 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 (8 17) 481 -5640. TREE PRESERVATION COMMENTS: The proposed dedicated parkland areas are virtually void of any quality trees. Lot 19, Block 2 is the location of the TXDOT contractor during the construction the 114 Highway. The gravel base and debris that served as a parking lot and building pad for the contractor's offices still remains on the east portion of Lot 19. 2. The existing tree cover within the subdivision is mostly Post Oaks and Cedar Elms. These forested areas are proposed to be the locations of the home sites in Block 1 and the western portion of Block 2. Almost all of the utilities are proposed within the right -of -way except for a storm sewer which is located in an easement between Lots 4 and 5, Block 1. 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. Developers Agreement: No earthwork, grading, utility, street or drainage improvement construction or any other public or private improvements shall be allowed until the developer receives approval of a final plat and, upon approval of a final plat, a developer's agreement has been approved by City Council. Case No. ZA05 -058 Attachment D Page 4 Surrounding Property Owner The Cliffs, TR1B & IA, W. Mills Abst. 1086; Tr 3, W.Mills Srvy, Abst. 8871); Tr 2, W. Medlin Srvy, Abst. 1958; Tr 4, W. Medlin Srvy, Abst. 1588D LIM i Owner Zoning Land Use Acrea , 1. Terra Clariden Lp "SF -IA" Low Density Resid. 17.203 2. McNeilly, James & Deborah "SF-IA" Low Density Resid. 1.127 3. Stuckey, Robert & Whitman "SF -IA" Low Density Resid. 1.401 4. Terra Clariden Lp "SF -IA" Low Density Resid. 1.003 5. Brown, David & Delores "SF -IA" Low Density Resid. 1.207 6. Erickson, Anthony & Casey "SF -IA" Low Density Resid. 1.144 7. City of Southlake "AG" Pub. Pks /Open Space 41.63 8. MCI Tele -Communications "CS" Public /Semi - Public 1.079 9. USA, Grapevine Lake Office "AG" Corps of Engineers 16.60 10. USA, Grapevine Lake Office "AG" Corps of Engineers 19.994 11. USA, Grapevine Lake Office "AG" Corps of Engineers 17.132 12. First Security Bank Na Tr "NR -PUD" Med. Density Resid. & 25.763 100 Yr Flood Plain 13. First Securtiy Bank Na Tr "NR -PUD" Med. Density Resid. 3.921 14. First Security Bank Na Tr "NR -PUD" Mixed Use 20.152 15. Brazos Electric Delivery "NR -PUD" Mixed Use 3.921 16. TXU Electric Delivery "NR -PUD" Mixed Use 2.149 17. First Security Bank Na Tr "NR -PUD" Mixed Use 0.400 18. City of Westlake NA NA NA 19. Elliott, Fred Paul "AG" Low Density Resid. 4.581 20. City of Southlake "CS" Public /Semi - Public 3.219 21. Olen, Alvin F Jr. "AG" Low Density Resid. NA Case No. Attachment E ZA05 -058 Page 1 Surrounding Property Owner Responses The Cliffs, TR1B & IA, W. Mills Abst. 1086; Tr 3, W.Mills Srvy, Abst. 8871); Tr 2, W. Medlin Srvy, Abst. 1958; Tr 4, W. Medlin Srvy, Abst. 1588D Notices Sent: Fourteen (14) Responses: None (0) Case No. ZA05 -058 Attachment F Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -462 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 IA & 111, SITUATED IN THE W. MILLS SURVEY, ABSTRACT NO. 1086, TRACT 3, SITUATED IN THE W. MILLS SURVEY, ABSTRACT NO. 877D, TRACT 2, SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, AND TRACT 4, SITUATED IN THE W. MEDLIN SURVEY, ABSTRACT NO. 1588D, BEING APPROXIMATELY 55.53 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG " AGRICULTURAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH "SF -20A" SINGLE FAMILY RESIDENTIAL DISTRICT USES AS DEPICTED ON THE APPROVED CONCEPT PLAN, INCLUDING PUD DEVELOPMENT STANDARDS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and Case No. Attachment G ZA05 -058 Page 1 WHEREAS, the hereinafter described property is currently zoned "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 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 Case No. Attachment G ZA05 -058 Page 2 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 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 I & 1B, situated in the W. Mills Survey, Abstract No. 1086, Tract 3, situated in the W. Mills Survey, Abstract No. 877D, Tract 2, situated in the W. Medlin Survey, Abstract No. 1958, and Tract 4, situated in the W. Medlin Survey, Abstract No. 1588D, being approximately 55.53 acres, and more fully and completely described in Exhibit "A" from Case No. Attachment G ZA05 -058 Page 3 "AG" Agricultural District to "R -PUD" Residential Planned Unit Development District with "SF -20A" Single Family Residential District uses as depicted on the approved Development Plan, including PUD development standards, attached hereto and incorporated herein as Exhibit "B ", and subject to the following specific conditions: 1. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be 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. Case No. Attachment G ZA05 -058 Page 4 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, 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 Case No. Attachment G ZA05 -058 Page 5 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 onetime 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 , 2005. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2005. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA05 -058 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA05 -058 Attachment G Page 7 EXHIBIT "A" Being Tracts IA & 1B, situated in the W. Mills Survey, Abstract No. 1086, Tract 3, situated in the W. Mills Survey, Abstract No. 877D, Tract 2, situated in the W. Medlin Survey, Abstract No. 1958, and Tract 4, situated in the W. Medlin Survey, Abstract No. 1588D, and being approximately 55.53 acres: PROPERTY DESCRIPTION Claricen Ranch IV - The Cliffe FIELD NOTES TO 55.53 ACRES IN THE VVM_ MILLS SURVEY ABSTRACT 877, THE WILSON MEDLIN SURVEY ABSTRACT 1508, DENTON COUNTY. TEXAS AND THE WM. MILLS SURVEY ABSTRACT 1088, THE WILSON MEDLIN SURVEY ABSTRACT 1958, TARRANT COUNTY, TEXAS. ALL THAT CERTAIN TRACT OR PARCEL OF SITUATED IN THE WILLIAM MILLS SURVEY ABSTRACT B77 AND THE WILSON MEDLIN SURVEY ABSTRACT 1585, DENTON COUNTY, TEXAS AND IN THE WILLIAM MILLS SURVEY ABSTRACT 1085AND THE WILSON MEDLIN SURVEYABSTRACT 1958, TARRANT COUNTY, TEXAS AND BEING PART OF THE CERTAIN 5125, MORE OR LESS, ACRE TRACT DESCRIBED IN A DEED FROM GERALD F. HEFFLEYAND F,D. HEFFLEYTO A.F. OJEN AND RECORDED IN VOLUME 4823 PAGE 575 DEED RECORDS OF TARRANT COUNTY AND ALL OF (CALLED) 4.75 ACRE TRACT DESCRIBED JN A DEED FROM HUEY THOMAS TO ALVIN F. OIEN, JR. ON THE 11TH DAY OF FEBRUARY 1985, RECORDED IN VOLUME 1575 PAGE 446 REAL PROPERTY RECORDS OF DENTON COUNTY AND BEING GENERALLY DESCRIBED IN A SINGLE TRACTAS FOLLOVVS; BEGINNING AT A FENCE CORNER AT THE NORTHWEST CORNER OF SAID 51.85 ACRE TRACT AND ON THE WEST BOUNDARY LINE OF THE WM, MILLS SURVEY ABSTRACT 877; THENCE NORTH 89 DEGREES 44 MINUTES AND 06 SECONDS EAST ALONG AND NEAR A FENCE ATA DISTANCE OF 21310.77 FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID TRACT ON THE WEST BOUNDARY LINE OF WHITE CHAMEL ROAD; THENCE SOUTH 00 DEGREES 05 MINUTES AND 29 SECONDS WEST WITH THE WEST BOUNDARY LINE OF SAD ROAD ALONG AND NEAR A FENCE AT A DISTANCE OF 1003.69 FEET TO A POINT; THENCE NORTH 89 DEGREES $4 MINUTES AND 31 SECONDS WEST A DISTANCE OF 241.83 FEET TO A POINT THENCE NORTH 03 DECREES 51 MINUTES AND 40 SECONDS WEST A DISTANCE OF 768.08 FEET TO A POINTFOR CORNER OF SAID 51.95 ACRE TRACT; THENCE SOUTH 72 DEGREES 52 MINUTES AND 20 SECONDS WEST A DISTANCE OF 1437.00 FEET TO A POINT, THENCE SOUTH 24 DEGREES 12 MINUTES AND 20 SECONDS WEST PAST THE SOUTH BOUNDARY LINE OF DENTON COUNTY WHICH IS THE NORTH BOUNDARY LINE OF TARRANT COUNTY AND CONTINUING A TOTAL DISTANCE OF 1105.00 FEET TO A POINT AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID 51.95 ACRE TRACT; THENCE SOUTH 88 DEGREES 25 MINUTES AND 41 SECONDS WEST A DISTANCE OF 477.97 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAJD TRACT; THENCE NORTH 00 DECREES 22 MINUTES AND 15 SECONDS WEST ALONG AND NEAR A FENCE PAST THE SOUTHWEST CORNER OF THE VAM. MJLLS SURVEY ABSTRACT 1086 AND CONTINUING PAST THE LINE BETWEEN TARRANT AND DENTON COUNTIES AND CONTINUING A TOTAL DISTANCE OF 723.29 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID 4.75 ACRE, TRACT ON THE WEST BOUNDARY LINE OF )AM_ MILLS SURVEY ABSTRACT 877 AND THE EAST BOUNDARY LINE OF THE W. MEDLIN SURVEY ABSTRACT 1588; THENCE SOUTH 89 DEGREES 52 MINUTES AND 19 SECONDS WEST PAST AT 539.75 FEET A POINT ON THE EAST BOUNDARY LINE OF T.W. KING ROAD AND CONTINUING A TOTAL DISTANCE OF 577.26 FEET TO A POINT ON THE WEST BOUNDARY LINE OF W. MEDLIN SURVEY; THENCE NORTH D0 DEGREES 18 MINUTES AND 23 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF SAID SURVEY A DISTANCE OF 358.19 FEET TO A POINT; THENCE NORTH 89 DEGREES 57 MINUTES AND 50 SECONDS EAST A TOTAL DISTANCE OF $77.$5 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID 4.75 ACRE TRACT ON THE EAST BOUNDARY LINE OF THE W_ MEDLIN SURVEY AND THE WEST BOUNDARY LINE OF WM. MILLS SURVEY ABSTRACT 877; THENCE NORTH 00 DEGREES 30 MINUTES AND 48 SECONDS WEST WITH SAID SURVEY LINE ALONG AND NEAR A FENCE A DISTANCE OF 588.33 FEET TO THE POINT OF BEGINNING AND CONTAINING 55.53 ACRES OF LAND. Case No. ZA05 -058 Attachment G Page 8 tC O IN M—dj, a wF w ,.�an..� N y Y w� ..m.o ��L ,,. mod. �e. �� pREUMR4ARy PLAT i DEVELOPMENT PLM fd C .13 LT FS THE CITY OF BQVEN.LNE 1 = T al l nnnE rl Ty v IA 05-M AND ZA 0545 M—dj, Residential Planned United Development District for Clariden Ranch IV This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF -20A" single - family residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Lot Area: The minimum area of a lot shall not be less than twenty thousand (20,000) square feet. Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet. Side Yard Adjacent to a Street: The minimum side yard abutting a street shall not be less than twenty -five (25) feet unless otherwise noted. Lot Width: Each lot shall have a minimum width of eighty (80) feet. Rear Yard: Each lot shall have a minimum rear yard of thirty (3 0) feet. Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear property line of certain lots shall not apply to property within this Residential Planned Unit Development. Section 8.01G of the Subdivision Ordinance No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to property within this Residential Planned Unit Development. Case No. Attachment G ZA05 -058 Page 10 TERRA /CLARIDEN, L.P. Monday, May 16, 2005 Re: Zoning of 56 ac Oien Tract on White Chapel across from Bob Jones Park Terra has contracted to purchase the 56 -acre tract of land adjoining and south of Clariden Ranch Phase III. The tract is across White Chapel from Bob Jones Park. This has to be one of the most "challenging" vacant tracts in all of Southlake. At the southern boundary of the project stands a cell phone tower. Center and along the south boundary lays more corps of engineers land similar to the corps land in Bob Jones Park. Part of this land also has been dumped on and mined. The west neighbor of the tract has both a TXU and a Tri- County power station with power lines along part of the southerly boundary line. There is also a microwave tower along TW King as well as a Trophy Club elevated water tower and a ground storage City of Southlake water tower. The tract is also in the flight path. Years ago the tract was mined for sand and gravel leaving it very disturbed. Lately debris and construction debris has been dumped on a portion of the site. It is not very attractive in it's present state and will need much clean up work. The tract has a low-density land use designation and is zoned AG at this time. Years ago we heard from the residents in the area that they valued the rural drive along White Chapel as they drove to their neighborhoods. They also place a high value on low density. Because of this we asked for one -acre lot zoning for Clariden Ranch III. We also worked with the school in our planning giving a wide open feel to the drive down White Chapel. This plan also is sensitive to those concerns. We are planning six one -acre lots along White Chapel to give the low density feel as the neighbors drive White Chapel. Behind these lots is a 10+ acre park. Far to the west of the site we do cluster our housing. This is far enough away that the residents to the north of the neighborhood will never see these homes unless they use the parks in the project. We started our planning with the assumption that we would comply with the low density requirement. This has been accomplished by adding 25 % - of parks and open space. While the tract of land has a lot of negative it has one unique feature and that is "The Cliffs ". These were the result of the earlier mining. We feel that this can be the focal point for the project. Our plan is to add open space in front and on top of the cliffs to create a special place. As the plan shows this becomes the jewel of our project. RECD M AY 16 2005 Terra / Clariden, L.P. ** 395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817- 410 -9201 * Fax 817 -410 -9205 ** Case No. Attachment G ZA05 -058 Page 11 TERRA /CLARIDEN, L.P. Clariden Ranch has set a high bar for development in the area. if this site were natural we would continue one -acre lot development. However, this site is far from natural. The cleanup alone will be costly and some of the site is not suited for home development. Our plan is sensitive to the neighborhood concerns as well as fitting within the low - density guidelines. With our 25 %+ open space and quality development we are asking that the City partner with us in taking the most challenging site in Southlake and making it one of the best neighborhoods. ZA05- 068 Terra/Clariden, L.P. ** 395 W. Northwest Parkway, Suite 300 * Southlake, Texas 76092 * Ph 817 - 410 -9201 * Fax 817 -410 -9205 ** Case No. Attachment G ZA05 -058 Page 12