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Item 6C13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT October 27, 2010 CASE NO: ZA10 -053 PROJECT: Zoning Change and Concept Plan for 1742 Our Lane EXECUTIVE SUMMARY: On behalf of Kathleen and Paul Spencer, Sands Surveying Corp. is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF- 1A" Single Family Residential District for an existing tract at 1742 Our Lane, being described as Tract 2132A, William H. Martin Survey, Abstract No. 1068 and being approximately 1.058 acres. REQUEST: The property at 1742 Our lane is currently for sale. A prospective buyer would like to remove the mobile home that sits on the property and build a new home. Since the tract has to be rezoned and platted before a building permit can be issued, the property owners are requesting approval of a zoning change and concept plan so that they can sell the existing tract as a buildable lot. If the request is approved, the applicant will submit an application for a one -lot plat showing, which can be administratively approved. Will V Fill 0 Is] 4 REQUESTED: A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street, is requested. Our Lane is currently a private street that doesn't meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding private streets. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists. Since 1 reading approval, the applicant has submitted a variance request letter (see Attachment C of the staff report) requesting that the required 8" water line to the property is to be installed by the builder prior to issuance of a building permit and acknowledging that the City will not maintain the street. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a zoning change and concept plan. ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) Background Information Vicinity Map Plans and Support Information — Link to PowerPoint Concept Plan Review Summary No. 2 dated October 6, 2010 Surrounding Property Owners Map and Responses Ord. No. 480 -600 Full Size Plans (for Commission and Council Members Only) Case No. ZA10 -053 STAFF CONTACT: Ken Baker (817) 748 -8067 Richard Schell (817) 748 -8602 Case No. ZA10 -053 BACKGROUND INFORMATION OWNER: Kathleen and Paul Spencer APPLICANT: Sands Surveying Corp. PROPERTY SITUATION: 1742 Our Lane LEGAL DESCRIPTION: Tract 2132A, William H. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF -1A" Single - Family Residential District HISTORY: -A mobile home with approximately 1,120 square feet of livable floor space that was built in 1970 exists on the property (Source: Tarrant Appraisal District). SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to "SF -1 A" Single Family Residential District is consistent with this land use designation. TRANSPORTATION ASSESSMENT: The proposed concept plan shows one residential lot. There is currently one mobile home on the property. Therefore, there will not be a significant increase in the number of trips to and from the property with this request for a zoning change. PATHWAYS MASTER PLAN: The subject property is exempt from the sidewalk requirement because sidewalks do not exist on both sides of the lot and the lot is not located within 1500' of a public or private school on the same side of the street. WATER & SEWER: This site is serviced by a 2" water line along Our Lane. City sewer is not available, so the site is served by a private septic system. DRAINAGE COMMENTS: There appears to be a high point on this lot. Storm water currently would flow in all directions from the high point on this lot. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: Six (6) existing trees are proposed to be removed that would presumably fall into the building pad of a proposed structure. Twenty -three (23) trees are proposed as "Borderline" trees that would be at the edge of the building pad and within a driveway. PLANNING & ZONING COMMISSION: October 7, 2010; Approved (7 -0), granting the variance to Subdivision Ord. 483 requiring that all lots front on a public or private street and subject to Concept Plan Review Summary No. 2 dated October 6, 2010. CITY COUNCIL: October 19, 2010; Approved on consent (6 -0), including the following Case No. Attachment A ZA10 -053 Page 2 statement by the City's Attorney: "...the city has previously received requests of a similar nature to allow the rezoning and concept plan approval of a specific tract of land for the development of a single family residential unit and the lot that is proposed for development lies along a non - public access way, a private street or private access drive. As a condition of approval, the city has always considered the granting of a variance to our subdivision regulation ordinance. Our subdivision regulation ordinance requires that all single family lots front on public streets but we have the right to grant variances. The staff would propose that on item 4G that if Council is prepared to approve this zoning change and concept plan that a condition of the variance that the applicant be required to install or construct a public equivalent water line and system as mandated by our city development regulations for sites upon which SF -1A zoned property is to be developed. We also include as a caveat of variance approval the acknowledgment by the owner that there is no public street or right -of -way accessing the property and unless the entire tract is consolidated and a complete subdivision plat or plan is submitted, the city will not be constructing and maintaining a public roadway to the site and whatever access the owner has they will have on the private drive or roadway as it currently exists without maintenance support from the city." STAFF COMMENTS: Concept Plan Review Summary No. 2 dated October 6, 2010 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA10 -053 Page 3 Vicinity Map 1742 Our Ln EK DR (PVT) N w +- E S 450 900 Case No. ZA1 0-053 Attachment B Page 1 Plans and Support Information — Link to PowerPoint Presentation Concept Plan AC Zening called 0.84 acres fo Lee Ankerson, of ux Volume 7319, Page 2110 D. R. T. C. T. — - - - AG Zoning called 0.0631 acres I eo / /ed 0.68 acres Roger L. Pro H, of ux Juanito gone to Bruce G. 8relsch, el ux XISTIN ZONING to Josh 5halley olume 7838, Pogo 1621 SF -1A SINGLE RMILLY RES. Volume 16127, Page 78 `A O.R.T.C.7. RONT BUILDING SETBACK LINE D. R. T. C. T. I e E ? b I ry!�g < �M AC Z-1 r 1�d Sl�lllfY.2Y • - -� AC Zoning �j� I — �eEoeem�inl called 0.2712 aens •' 20 �u(Id�ng S - - I I I a Roger L. Pratt, e 7 sl ux / X 48 103 See u1HRY EeSE�ENT s c 3 s o Bruce C. 11 elsch, of ux r I ' C, e Volume 7166, Page 1228 I n sc o a N O. R. T. C. T. 8 I p 4 $ t o aw 3 RcSlO(l f AC Zaning L07 r Of I• I I L n`�, r- ' -• m N G n Mla1V r'IIY x00.00• cofled 1.40 acres 40_ BLOCK A I N Q o a u Dann Bo too lfl, el ux � —•I P ;1 R S so iu wnp sensor —I Charfes G. Spencer Volume 5251, Page 712 Y D. R. T. C.7. 1; -•� �,, I '�'` o' . " 1.058 Ac. I 3 b saa•e4os9v ssR re• __. 0 A 4 AG Zoning A y called 0.83 acres AG 7onin o a c cooed 2.50 acres 4 Earnest Vurrn, of ux Raymond F. Lund, of ux 10 -, o to James O. Vann of ux I Berwyn Hondemon, of ux I f e $ Volume 9561, Page ¢ a Volume 6002 e 789 Page 373 I I I x c D.R. T C. T. O. R. T.C. T. I o, c 4 I � I GRAPHIC SCALE ( IN PERT 1 T 1 inch - e0 ft. LAND USE GROSS 46,103 SF 1.058 AC LOT 1 41,251 SF 0.947 AC rtvoto Road Esmt. 4,1537 5F 0.111 AC XISTIN ZONING AG AGRUCULTURAL DISTRICT ROPOSED ZONING SF -1A SINGLE RMILLY RES. DS USE DESCRIPTION MEDIUM DENSITY RONT BUILDING SETBACK LINE 40 FEET NOTE: ALL EXISTING ON f E STRUCTURES SHOWN ON PLAT ARE TO BE REMOVED. LEGEND STRUCTURES TO BE REMOVED 0 TREE CANOPY FENCE — '— CONCRETE E Case No. Attachment C ZA09 -053 Page 1 D2) 00 cm (D o z �+ o w• I I I _ I I I 3� 30 AG Zoning called 0.8d acres AG Zoning ry ° N Lee Ankers ei ux called 0.0631 acr tolled 0.68 Volume 7319, Page 2120 Roger L. Pratt, et ux Juvnit. 8vne Bruce G. Breisch, el ux Josh 8hvlley b Volume 7838, Page 1H2f Volume 16127, Page 78 W t O.R.T.C.T. D.R.T.C.T. �g' fat fevie I AG _ Z a onin z "� AG Zvnln9 re-vmx zePm° Poc,�,l µI called 0.2]12 / 46 , 1�J S ° NNN°°°___ 1•eYe""" 'l Bullding • 's�wt6a k a{k m c Reger L. Pra /f, ef ux � q yya'mm wn; cT I cl m m n Hru a C. Breisch, el ux �` P9 """` ° . wx a vie ro • �k = A li n Volume ]166, P ge 1228 a rz vdr aw a ccwa ' �. j C N N m o e o O.R.T.C.T. H o� c- roa mx AG Zanin9 LOT I m e lNTII 4 e E 1. A aal^e 5 y r BLOCK �'�` Bv66 of eu °gI�9iS� P 4 0 eunding Selb kr� Charles C. , x n lu PonkPo ^ V (``.• k k c, �aa•wnrc. Volume 5251 Spen Pv9 V NI z ` 1.058 Ac s D.R.LG.Po� oon I r o•. . v;a -Poor �. �` tM Ssr54vmL334 to A AG Zanin9 AG Zoning I A m � -• � o`0b N called 2.50 a tolled 0.83 o r I n o w Raymond F tO L und, r of ux Evrneel 600 Vann, et I y o `_ m to James Vann, et u Berwyn Henderson, ei Volume Pvge 373 Volume 9561, Page 789 9 D. R. . T. T. C- T. O.R.T.C.T. n k i I I OWNER KATHLEEN E. SPENCER 1742 Our Lane Southloks, Texas 76248 Ph.: (214) 507 -4210 Fax- (817) 283 -2603 D .•r a1 n S 2) (D (4 3 (D '* SANDS SURVEYING CORPORATION re °, ee. e'zs:°oe n._ ,o, oei ssgro wB1ss o< 2 a . wr.. o,r 'e ® PROTECTED TREE BORDERLINE TREE TREE TO 8E ALTERED TREE CONSERVATION PLAN 1 LOT — SINGLE FAMILY RESIDENTIAL BEING A 1.058 ACRE TRACT OF LAND IN THE WILLIAM MARTIN SURVEY ABSTRACT 1068 IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS SURVEYOR SANDS SURVEYING CORPORATION 1001 W. EULESS BLVD. SUITE 107 EULESS, TEXAS 76040 CONTACT: J. SCOTT DOLE, RPLS Ph.: (817) 355 -5253 Fax: (817) 510 -0432 AUGUST, 2010 CD CD O m W (D O a1 IV 0 VICINITY MAP NTS Variance Request Letter To: the City Council members: Re: Ordinance No. 480 -600 (ZA 10 -053 Tract 2B2A, William N. Martin Survey, Abstract No. 1068, 1 742 Our Lane 1, Paul D. Spencer, acting as the representative of the owner, Kathleen E. Spencer, acknowledge the conditions that were put in the motion by City Council at 1 st reading: that the City will not maintain Our Lane and that it is the responsibility, as one of the property owners, to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. It has been the practice of the property owners for the past 36 years, to maintain the private road known as Our Lane, for the purposes of egress and digress for all vehicles, including private, commercial and emergency. l respectfully request a variance to the requirement in the Subdivision Ordinance that all lots front on a public street, with the condition that the required 8" waterline to the northem boundary of the subject property will be installed by the builder prior to issuance of a building permit. Thank you for your consideration regarding this matter, a Paul D. Spencer 3512 Indian Summer Lane Arlington, TX 76016 -3111 OFF: 817 -400 -1429 FAX: 817 -496 -5347 Case No. ZA09 -053 too An 1 2-UO Dat Attachment C Page 3 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA10 -053 Review No.: Two Project Name: Concept Plan — 1742 Our Lane Date of Review: 10/06/10 APPLICANT: Scott Cole Sands Surveying Corp. 1001 W. Euless Blvd. Ste 107 Euless, TX 76040 Phone: (817) 355 -5253 E -mail: surveying @sandssurveyingtx.com OWNER: Kathleen Spencer — Contact is Paul Spencer 1901 Central Dr. Bedford, TX 76021 Phone: (817) 283 -7202 E -mail: paul.spencer @sbcglobal.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/5/10 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748 -8602 OR DENNIS KILLOUGH AT (817) 748 -8072. Tree Conservation /Landscape Review Keith Martin Landscape Administrator (817) 748 -8229 kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: Six (6) existing trees are proposed to be removed which would presumably fall into the building pad of a proposed structure. Twenty -three (23) trees are proposed as "Borderline" trees that would be at the edge of the building pad and within a driveway. Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Public Works /Engineering Review Michelle McCullough, P.E (817) 748 -8274 ,- ]ElkI�:L1��Z�]Jih�il����� City sewer service is not available in this area. A septic sewer system will be required to serve this property. WATER COMMENTS: 1. There is a fire hydrant located approximately 450' from this property on Randol Mill Road. Case No. Attachment D ZA10 -053 Page 1 2. A 2" line currently serves this lot. Please note that depending on the size of the residence, the 2" line may not be able to supply adequate flow if the residence was sprinkled. * Water meters shall be located in an easement or in the ROW. 3] :0101 /eve] 4108181 Jihyil =I 01111611 There appears to be a high point on this lot. Storm water currently would flow in all directions from the high point on this lot. A grading plan will be required before a building permit can be issued. INFORMATIONAL COMMENTS: * Any hazardous waste being discharged must be pretreated Ordinance No. 836. *Denotes informational comment. Informational Comments: * The gross acreage of the lot is over one acre, so the lot meets the minimum lot size required by Zoning Ord. 480 for private septic systems. However, since the private R.O.W. easement for Our Ln. brings the usable lot size below one acre, staff recommends having a sanitary engineer verify that the lot will support a private septic system of a size suitable to service any proposed future development. Private septic systems are regulated by Tarrant County and not by the City of Southlake. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, 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, a fully corrected 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. * Denotes Informational Comment Case No. Attachment D ZA10 -053 Page 2 Surrounding Property Owners 1742 Our Lane SPO # Owner 6 20 Land Use Acreage Response 1. Shatley, Betsy B 15 Low Density Residential 1.13 NR 2. Shatley, Josh Lou 2 Low Density Residential 17 7:7191 NR 1S McGovern, Michael T Etux Lisa 13 Low Density Residential 12 /► LL 7 NR 1 11 Z Schimmel, Gary Etux Lori J Low Density Residential 0.81 NR 5 4 Wiggins, D L Etux Marilaine 8 g 10 O Low Density Residential 0.62 NR 21 R OL Chidiac, Michael & Karen SF1 -A 3 1.46 SPO # Owner Zoning Land Use Acreage Response 1. Shatley, Betsy B AG Low Density Residential 1.13 NR 2. Shatley, Josh Lou AG Low Density Residential 0.48 NR 3. McGovern, Michael T Etux Lisa SF1 -A Low Density Residential 1.11 NR 4. Schimmel, Gary Etux Lori SF30 Low Density Residential 0.81 NR 5. Wiggins, D L Etux Marilaine SF20A Low Density Residential 0.62 NR 6. Chidiac, Michael & Karen SF1 -A Low Density Residential 1.46 F 7. Gill, Kelly L AG Low Density Residential 0.83 NR 8. Vann, Jimmy Etal Bruce Vann & AG Low Density Residential 0.82 NR 9. Henderson, Berwyn Etux Gloria AG Low Density Residential 0.75 NR 10. Vann, Jimmy J Etux Linda S AG Low Density Residential 0.40 NR 11. Spencer, Charles Est & Kathlee AG Low Density Residential 0.95 NR 12. Breisch, Bruce C AG Low Density Residential 0.22 NR 13. Breisch, Bruce C AG Low Density Residential 0.11 NR 14. Shatley, Josh AG Low Density Residential 0.61 NR 15. Burger, Gene AG Low Density Residential 0.03 NR 16. Burger, Gene D AG Low Density Residential 0.08 NR 17. Ankerson, Lee Etux Adrianne AG Low Density Residential 0.79 NR 18. Shatley, Betsy B AG Low Density Residential 0.84 NR Case No. Attachment E ZA10 -053 Page 1 19. Shatley, Josh Lou AG Low Density Residential 0.47 NR 20. Johnson, Scott A AG Low Density Residential 0.57 NR 21. Holbein, Susan SF1 -A Low Density Residential 1.99 F Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received: Twenty -one (21) Two (2) - Attached NR: No Response Case No. Attachment E ZA10 -053 Page 2 Notification Response Form ZA10 -053 Thursday, October 7, 2010 — 6:30 PM Chidiac, Michael & Karen 307 Sheffield Dr Southlake Tx, 76092 24987 6 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: e -�- ©kr- &� ((D e 2g wc �s- ignature: Additional Signature. Printed Name(s): C- *, 4, Must be property owner(s) whose name(s) are printed at top. Otherwise contact Date: Date: 1 ,50 1 Department. One form per property. Phone Number (optional): o S� Case No. Attachment E ZA10 -053 Page 3 Notification Response Form ZA10 -053 Thursday, October 7, 2010 — 6:30 PM Holbein, Susan 1700 Randol Mill Ave Southlake Tx, 76092 A1660 1D PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: q *h0 Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional) h'7 -.3:3 �7- s Case No. Attachment E ZA10 -053 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -600 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 TRACT 2132A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068 SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.058 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED CONCEPT PLAN 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 F ZA10 -053 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or 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 Case No. Attachment F ZA10 -053 Page 2 requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health 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 described as Tract 2132A, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1A" Case No. Attachment F ZA10 -053 Page 3 Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following conditions: 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 subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most Case No. Attachment F ZA10 -053 Page 4 appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, 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. Case No. Attachment F ZA10 -053 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the 19th day of October, 2010. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2" d reading the day of November, 2010. Case No. Attachment F ZA10 -053 Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA10 -053 Page 7 EXHIBIT "A" Being described as Tract 2132A, William H. Martin Survey, Abstract No. 1068, Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely described below: WHEREAS Kathleen E. Spencer is the owner of that certain called TRACT 232A (1.058 Acres) situated in the William Martin Survey, Abstract No. 1068, Tarrant County, Texas and being a part of that certain called 1.40 acre tract of land described in Deed from Dean Bobbill and wife, Arletta Babbitt to Charles G. Spencer and wife, Kathleen E. Spencer recorded in Volume 5251, Page 712 of the Deed Records of Tarrant County, Texas said 1.058 acre parcel of land being more particularly descrlbed by metes and bounds as follows: COMMENCING at a 1' iron rod found for corner in Our Lane (60 foot wide public road easement) at the Northeast of the above referenced 1.40 acre tract of land that bears North 88'34'02" East- 1441.71 and North 00'30'16 West - 343.71 from the Southwest corner of the above referenced William H. Martin Survey; THENCE South 00'30'16" East with said road, the East line of said 1.40 acre tract a distance of 20.03 feet to a 112" iron rod with plastic cap marked "JS COLE 5411" set for corner of Northeast corner of the herein described 1.058 acre tract of fond, some being the most Easterly Southeast corner of that certain called 0.0631 acre tract of land described in deed form Roger L. Pratt, of ux to Bruce G. Breisch, of ux and recorded in Volume 7838, Page 1821 of said Deed Records and also being in the West line of that certain called 1.366 acre tract of land described in Deed from Leroy E. Norton and Marcia Thorne to Kelly Leigh Gill and recorded by County Clerks File No. 0208020201 of said Deed Records, and being of the POINT OF BEGINNING THENCE South 00'30'16" East with said road, the East line of said 1.40 acre tract and the West line of said 1.366 acre tract a distance of a distance of 161.22 feet to a 112" iron rod with plastic cap marked "JS COLE 5411" set for corner at the Southeast corner of said 1.40 acre tract, some being the Northeast corner of that certain called 0.83 acre tract of land described in Deed from Earnest 'Vann, of ux to Berwyn .Henderson, et ux and recorded in Volume 9561, Page 789 of said Deed Records; THENCE South 88'34'02" West with the South line of sold 1.40 acre tract and the North line of said 0.83 acre tract a distance of 334.18 feet to a 112" iron rod with plastic cop marked "JS COLE 5411" set for corner of the Southwest corner of said 1.40 acre tract, some being the Southeast corner of that certain called 1.93 acre tract of land described in Deed from Anthony G. Peters, Jr_, of ux to William Rufus Webb, Jr., of ux and recorded In Volume 5522, Page 675 of said Deed Records and being in the North line of that certain called 2.50 acre tract of land described in Deed from Raymond F. Lund, of ux to James 0. Vann, et ux and recorded in Volume 6002, Page 373 of said Deed Records; THENCE North 00'2646" West with the West line of said 1.40 acre tract and the East line of said 1.93 acre tract a distance of 91.95 feet to a 112" iron rod with plastic cap marked "JS COLE 5411" set for corner at the Southwest corner of that certain coiled 0.2712 acres Roger L. Pratt, et ux to Bruce C. Breisch, et ux and recorded in Volume 7166, Page 1228 of said Deed Records; THENCE North 88'41'14" East across said 1.40 acre tract and with the South line of said 0.2712 acre tract a distance of 100.00 feet to a 112" Iron rod with plastic cap marked "JS COLE 5411" set for corner at the Most Southerly Southeast corner of said 0.2712 acre tract; THENCE North 00'26'46" West with the East line of sold 0.2712 acre tract a distance of 43.00 feet to a 112" iron rod with plastic cap marked "JS COLE 5411" set for corner in said East line and being at the Southwest corner of the above referenced 0.0631 acre tract; THENCE North 66'11'36" East with the South line of said 0.0631 acre tract a distance of 70.49 feet to a 112" iron rod found for corner in said South line; THENCE North 88'41 '14" East continuing with said South line a distance of 169,29 feet back to the POINT OF BEGINNING and CONTAINING: 46,103 square feet or 1.058 acres of land, more or less of which 4,837 square feet or 0.111 acre of land lle within said public road easement_ Case No. Attachment F ZA10 -053 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA10 -053 Page 9