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Item 8ACity of Southlake Department of Planning STAFF REPORT October 13, 2004 CASE NO ZA04 -054 PROJECT: St. Emilion Subdivision REQUEST: On behalf of Phil Chaffins Custom Homes, Adams Consulting Engineers, Inc. is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -30" Single Family Residential District. The plan proposes the development of 17 residential lots on 16.93 acres. ACTION NEEDED: Consider first reading for zoning change and concept plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (G) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -448 Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (481 -2046) Dennis Killough (481 -2073) Case No. ZA04 -054 BACKGROUND INFORMATION • 'R ' APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: Case No. ZA04 -054 Phil Chaffins Custom Homes Adams Consulting Engineers, Inc. 1580 E. Highland Street; The property is located on the north side of E. Highland Street, approximately 650 feet west of Sunshine Lane. Tracts 3AIA, 3 A I A2, & 3A1D2, situated in the F. Throop Survey, Abstract No. 1511 Low Density Residential "AG" Agricultural District "SF -30" Single Family Residential District There is no development history on this property. Master Thoroumhfare Plan The Master Thoroughfare Plan recommends E. Highland Street to be 2 -lane, undivided collector with 70 feet of right -of -way adjacent to this site. Adequate right -of -way dedication is shown on the concept plan. Existinz Area Road Network and Conditions The proposed subdivision will have one (1) street intersecting with E. Highland Street. Currently, E. Highland Street is a 2 -lane, undivided roadway. 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'. This development is not expected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for E. Highland Street. May, 2004 traffic counts on E. Highland St (between Kimball Ave & Carroll Ave 24hr West Bound (VVB ) (485 East Bound (EB) (477 WB Peak A.M. 107 7 — 8 a.m. Peak P.M. 43 3 — 4 p.m. EB Peak A.M. 48 8 — 9 a.m. Peak P.M. 67 3 — 4 p.m. Attachment A Page 1 Traffic Impact PATHWAYS MASTER PLAN: Use 4 Lots Vtpd * AM- IN AM- OUT PM- IN PM OUT Single-Family Residential 17 163 3 10 11 6 *Vehicle Trips Per Day * *The AM /PM times represent the number of vehicle trips generated during the peak travel times on E. Highland Street. The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements adjacent to this site. The plan recommends an eight (8) foot multi -use trail on the south side of E. Highland Street. The subdivision ordinance requires minimum 4 -foot wide sidewalks on both sides of the street within the subdivision. The sidewalks are shown on the concept plan. WATER & SEWER: A 6 -inch water line exists along the south side of E. Highland Street. An fl- inch sanitary sewer line exists along the west boundary of the proposed development. DRAINAGE COMMENTS: The majority of this property drains to the west. The proposed drainage design will collect the storm water in a drainage swale /easement on the west and in the street. The storm water will be carried to a detention area in the northwest corner of the property. The detention area will detain the increase run -off of the development. TREE PRESERVATION: An aerial photo with the subdivision overlay was submitted meeting the requirements of the Tree Preservation Ordinance for a concept plan. P &Z ACTION: September 23, 2004; Denied (6 -0) COUNCIL ACTION: October 5, 2004; Approved to table on consent (6 -0) until October 19, 2004. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated September 17, 2004. The City's Land Use Plan designates this area for "Low Density Residential" development which is defined as follows: The Low Density Residential category is for detached single - family residential development at a net density of one or fewer dwelling units per acre. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. "Net density" according to the City's Subdivision Ordinance No. 483, as Case No. Attachment A ZA04 -054 Page 2 amended, is defined as follows: DENSITY, NET The number of dwelling units per net acre. ACREAGE, NET The acreage included within the boundary line of a particular subdivision, tract, parcel, lot, etc., but excluding all public rights -of -way. It is staff's opinion that in order for this development to fully comply with the City's Land Use Plan, it must have a net density no greater than 1 dwelling unit per net acre of the development. The net acreage is the amount of gross area of the development less any existing or proposed public rights - of -way. The net density for this development is 1.12 du /ac. 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. Due to the recommendation for denial by the Planning and Zoning Commission and opposition from surrounding property owners within the 200 feet perimeter exceeding 20% (f 22 %), a super - majority vote for approval (6 of 7 Council Members) is needed to approve this zoning change. M \Community Development \MEMO \2004cases \04- 054ZCP.doc Case No. ZA04 -054 Attachment A Page 3 Vicinity Map St. Emilion Subdivison W Case No. ZA04 -054 Attachment B Page 1 1000 0 1000 2000 3000 Feet o� �z 00 �E A A� n b � (TQ � LxrsrIwG STRuCTuRES TO OE =�.a RCw OrgEG PRFOIR TO CONSTR%.'CTKN ---- �e • �_�� - ` - _ _ T11E5T PT 1" RUN" To Rmr BY JUit7SDMONAL 6FrL7TEe3 „ awnr.Trd I MG Lar sum LE 'r I A +4.. ]MJY• sr nor w ..r ° ' fl -CV4W • IWI 6' vrcarr rrnc,rW. rsr .n uw hria W .� ha ° x.�.s F� y •.. I I L: tl HIGHLAN6 ES I I I g ` y 'p 'L 35LI - 194 EEL{4CIf 'I P y{y . 150 . k,T.C,� i! y i Li LGC Y I P. 1 u�� - 4 I i9 NI' Ili 71t taxaa Y9 G8fE a - y �1 J.. Lal �j 5 ' jl - - - - E IS� �f I I t'� � • I•I . 51 . 'T�L - - r ° ---- 3 ti - - -- , � t � A +, - ! e. ; _ '... ° °t , I -. . w III L h rLR 7d.ilb r�Pl. Lbw# J , � R . li �i w11 I 7,M7 Yi 7i�4�r — I i I kq l ll— I M. aiA £Wwla --6 -.v. .e I ...aar _• "art --I _ •si5 II I -� _• "" - . -_ -. -. ,sear e+ =�� 15 3kir.yr - , 1+ n.4or �'I J �+ +} I .ii I 1 I I�� 5 ' I Yh iA _Sate.e` 3"N.+,t' J IT.ri R I I� I i i I i ' I _. I I I 'i,rY' I -- r eti� •. ` l i Ap, a J! I a 4 S �:tted 7nancl. Ppy,re. $7`S amp- m e C -L �-' n IA04— 05th August 2, 2004 REC'D AUG a 2 2004 Mr. Ben Bryner Planner City of Southlake 1400 Main Street Suite 310 Southlake, Texas 76092 Re: Val Verde Subdivision on Highland Road Dear Mr. Bryner; During the initial studies for this land Mr. Dennis Killough indicated that the lot yield could be 17 lots on the 17 acres and be in compliance with existing land use plans. This is one of the reasons for our submittal as it is designed. As you are aware, the property directly south and on Highland is zoned mixed use_ It is my feeling that any residential development on Highland will need to have lots smaller than one acre because of the costs of the developed properties and their marketability across the street from a mixed use development. it should also be noted that this property is directly under the DFW Airport noise cone. This will also impact the willingness of buyers to move up in price as caused by lower lot density. The Val Verde subdivision provides a good quality transition between the mixed use zoning and the existing properties or future one acre developments to the north. As you can see the lot layout is in fact a transition itself. The SF 30 lots are closer to Highland, the end lot is almost three acres and the two adjacent lot are an acre_ Homes in this subdivision will range in price from $800,000 to $2,000,000. This should provide the surrounding areas with a quality development and be in the spirit of low density housing. Sincerely, 4 Phillip A. 17ins Case No. ZA 04 -054 Attachment C Page 2 METES AND BOUNDS PROPERTY DESCRIPTION BEING a 16.93 acre tract of land, currently zoned agricultural, situated in the FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, Tarrant County, Texas and being the tract owned by Phil Chaffin and Bryan Elliot, described in a deed of record in TR 3A1A, TR 3A1D2, and Volume 13275, Page 158, Deed Records, Tarrant County, Texas said tracts being contiguous are considered for the purposed herein as on tract and . is more particularly described by metes and bounds as follows. BEING a tract of land more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said tract. THENCE North 00 0 49'00" West, a distance of 1408.44 feet to the northwest corner of said tract; THENCE EAST, a distance of 550.00 feet to the northeast corner of said tract; THENCE South 00 °49'00" East, a distance of 670.01 feet to an angle point; THENCE South 00 °38'22" East, a distance of 218.84 feet to the easternmost southeast comer of said tract; THENCE South 89 °30'24" West, a distance of 62.66 feet to an interior ell corner; THENCE South 00 °52'28" West, a distance of 519.25 feet to the southernmost southeast comer of said tract; THENCE North 89 °58'35" West, a distance of 471.34 feet to the POINT OF BEGINNING. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE ... ^..,__......_..__.._ -- ZA04 °054 -t b75 RECD SEP 0 7 2004 Case No. Attachment C ZA 04 -054 Page 3 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA04 -054 Review No.: Three Date of Review: 09/17/04 Project Name: Concept Plan — St. Emilion Subdivision APPLICANT: Phil Chaffin's Custom Homes ENGINEER: Adams Consulting Engineers, Inc. Phil Chaffin 1832 Broken Bend Dr. Westlake, TX 76262 Phone: (817) 746 -1832 Fax: (817) 742 -2910 G. Robert Adams, P.E. 500 S. Nolen Dr., Suite 550 Southlake, TX 76092 Phone: (817) 329 -6990 Fax: (817) 329 -7671 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/07/04 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) 481 -2086. Correct the acreage in the title block. The plan should read 16.93 acres instead of 16.39 acres. INFORMATIONAL COMMENTS * Fire hydrant spacing is approved based on commitment to provide fire sprinkler systems in all homes. * At the request of Fire Services, a turnaround for emergency vehicles requires a 50' radius and 100' total width of pavement at all cul -de -sacs. * 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. 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 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. 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. ZA 04 -054 Attachment D Page 1 This review is based on the "SF -30" Zoning District Regulations. Case No. ZA 04 -054 Attachment D Page 2 TREE PRESERVATION ANALYSIS (Residential Subdivision Development) Case: 04 -054 Date of Review: September 17, 2004 Number of Pages: 1 Project Name: St. Emilion Subdivision (Zoning / C OWNER \ DEVELOPER Phil Chaffins 1832 Broken Bend Dr. Westlake. TX 76262 Plan PREPARED BY: Adams Consulting Engineers, Inc. 500 Nolen, Suite 550 Southlake. TX 76092 Phone: (817) 746 -1832 Phone: (817) 329 -6990 Fax: Fax: 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: An aerial photo with the subdivision overlay was submitted meeting the requirements of the Tree Preservation Ordinance for a concept plan. 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 Tree Preservation 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 04 -054 Attachment D Page 3 Surrounding Property Owners St. Emilion Subdivision 18 Owner I Zoning I Land Use I Acreage 1. Herndon, Boyd & Susan "SF -IA" Low Density Residential 1.205 2. Edelen, David & Mary A. "SF -IA" Low Density Residential 0.990 3. Rogers, Loren B. "SF -IA" Low Density Residential 1.170 4. Ackerman, Gail P. "SF -IA" Low Density Residential 1.051 5. Rose, Don W. "SF -IA" Low Density Residential 1.295 6. Francis, Jere & Janice "SF -IA" Low Density Residential 0.907 7. Tong, Dale & Whitney "SF -IA" Low Density Residential 1.029 8. Davidson, Kenneth & Gayle "SF -IA" Low Density Residential 1.162 9. Berdine, Gilbert & Jill "SF -IA" Low Density Residential 1.008 10. Kolbek, Raymond "SF -IA" Low Density Residential 1.033 11. Johnson, Kenneth & Gayle "SF -IA" Low Density Residential 1.433 12. Duerst, Bradley & S J "SF -IA" Low Density Residential 5.000 13. Duerst, Bradley & S J "SF -IA" Low Density Residential 1.920 14. Santiago, Nelson & Carmen "RE" Low Density Residential 2.809 15. Santiago, Nelson & Carmen "RE" Low Density Residential 2.805 16. Baker, Douglas & Saundra "AG" Low Density Residential 3.940 17. Brown, William "AG" Low Density Residential 10.470 18. Wisterra Southlake Lp "NR -PUD" Retail Commercial 77.85 19. Kreycik, Charles & Betty & "AG" Low Density Residential NA Duerst, Bradley & S J Case No. ZA 04 -054 Attachment E Page 1 Surrounding Property Owner Responses St. Emilion Subdivision Notices Sent: Nineteen (19) Responses: Five (5) from within the 200' notification area. • Raymond Kolbek, 1221 Whispering Lane, Southlake, TX 76092; opposed. See attached Property Owner Response Form received 9- 14 -04. • David Edelen, 1203 Ashmore Court, Southlake, TX 76092; opposed. See attached Property Owner Response Form received 9- 14 -04. • Boyd K Herndon, 1201 Ashmoore Court., Southlake, TX 76092; opposed. See attached Property Owner Response Form received 9- 21 -04. • Gail Perry Ackerman, 1207 Ashmoore Court, Southlake, TX 76092; opposed. See attached Property Owner Response Form received 9- 21 -04. • Jere L Francis, 1211 Ashmoore Court, Southlake, TX 76092; opposed. See attached Property Owner Response Form received 9- 20 -04. Case No. Attachment F ZA 04 -054 Page 1 Property Owner Response Forin Reference. Z 0 —0 S tq Being the owntr(s) of the propWy so noted, do hereby fa l a { trele or underfine Bane the ro osed rezoning of the above rcf�renc . P P S MI SIET 14 2004 Return or Mail to: City of Southlake Plying Depadment 1400 Main Street, Suite a lb Southlake, Texas 76092 N--Conwtmity Pctitior'Aoc Date Case No. Attachment F ZA 04 -054 Page 2 Property Owner ]4sprns Firm Refereace: ZA � - () 1, DA0 DL "- Being the owner s) of the property so noted, do Hereby favo I OP,p se(c(c1 le or underline one) the proposed rezoning of the above referenced 6L Signature Rtwm or Mail to= ?/,- F//V (-- Date City of Soutblake Planning Department 1400 Main Street, Suite 310 Southl" Texas 76092 RECD SFP 1 A 0g4 1 ACOmmuedry pcii6cm.doc . // ,kMM Case No. Attachment F ZA 04 -054 Page 3 rim Property Own& Response Form Case No. ZA 04 -054 Reference: ZA 1 4 oq -0'a4 X r �I d iq s I m o V 1 L U - ' Being the owner(s) of the property So noted, do hereby favor /oppose ' cle or underline one) the proposed rezoning of the above referenced pro erty. , we Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 1, SF - -lfI NACommunity Development \WP- FILEStFORMS1offacial petition.doe Attachment F Page 4 Property Owner Response Form Reference. ZA 0 q -6 S 4 t5 Y Sr{n �r-Y . t% r- a L+ Being the owner(s) of the property so noted, do hereby favor/ os (circle or underline erne) the proposed rezoning of the above referenced property. �_ CAL Date Return or Mail to: City of Southlake Planning Department 1400 Main Street, Suite 310 Southlake, Texas 76092 M Community Development lwP- FILESTORMSIofficial pcfi ion.doc Case No. Attachment F ZA 04 -054 Page 5 Reference: ZA 47- Being the owner(s) of the property so noted, do hereby favor f �(circle or underline one) the proposed rezoning of the above referenced property. / c Retum or Mail to: City of Southlake Planning Department 1440 Main Street, Suite 314 Southlake, Texas 76092 Date C` 004 WCommunity Development \WP- PILESIFORMSlofficial petition.doc Case No. Attachment F ZA 04 -054 Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -448 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 3AIA, 3A1A2, AND 3A1D2, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511. BEING APPROXIMATELY 16.93 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG' AGRICULTURAL DISTRICT TO "SF -30" 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 ZA04 -054 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 ZA04 -054 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 3AIA, 3A1A2, and 3A1D2, situated in the F. Throop Survey, Abstract No. 1511, being approximately 16.93 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -30" 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 ZA04 -054 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 ZA04 -054 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. ZA04 -054 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 , 2004. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -054 Attachment G Page 6 EXHIBIT "A" Being Tracts 3AIA, 3AIA2, and 3AID2, situated in the F. Throop Survey, Abstract No. 1511, being approximately 16.93 acres. METES AND BOUNDS PROPERTY DESCRIPTION' BEING a 16.93 acre tract of land, currently zoned agricultural, situated in the FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, Tarrant County, Texas and being the tract owned by Phil ChafFins and Bryan Elliot, described in a deed of record in TR 3AIA, TR 3AID2, and Volume 13275, Page 158, Deed Records, Tarrant County, Texas said tracts being contiguous are considered for the purposed herein as on tract and . is more particularly described by metes and bounds as follows. BEING a tract of land more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said tract. THENCE North 00 °49'00" West, a distance of 1408.44 feet to the northwest corner of said tract; THENCE EAST, a distance of 550.00 feet to the northeast corner of said tract; THENCE South 00 °49'00" East, a distance of 670.01 feet to an angle point; THENCE South 00 °38'22" East, a distance of 218.84 feet to the easternmost southeast corner of said tract; THENCE South 89 0 30'24" West, a distance of 62.66 feet to an interior ell corner; THENCE South 00 °52'2$" West, a distance of 519.25 feet to the southernmost southeast corner of said tract; THENCE North 89 °58'35" West, a distance of 471.34 feet to the POINT OF BEGINNING. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE Case No. Attachment G ZA04 -054 Page 7 I my, PIN6 �wmRE TTO BE -"_i � 0,45,T"T � F4COZvED 'PROR TO THESE PEAKS 9UROIRM TO RIEV31"R BY JIMUSPI MONAL. 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