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Item 4J13 SOUTHLAKE CITY OF Department of Planning & Development Services STAFF REPORT March 23, 2011 CASE NO: ZA11 -002 PROJECT: Zoninq Chanqe and Concept Plan for 587 E. Dove Road EXECUTIVE SUMMARY: William David Brooks, Jr. is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -1 A" Single Family Residential District to allow construction of a new principal residence on property located at 587 E. Dove Road, being described as Tract 1 B, Larkin H. Chivers Survey, Abstract No. 300, City of Southlake, Tarrant County, Texas and being approximately 1.259 acres. REQUEST DETAILS: The applicant would like to construct a new home on property located at 587. E. Dove Road. In order to obtain a building permit, the existing tract must be rezoned and platted. The applicant is requesting a zoning change to "SF -1A" Single Family Residential District because the Future Land Use designation for the property is Low Density Residential and the lot size is slightly over the one acre minimum required in the SF -1A zoning district. The applicant has also submitted an application for a one lot plat showing, which can be administratively approved if the zoning change and concept plan are approved by City Council. ACTION NEEDED: Coi ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) There is an existing ingress egress easement along the eastern portion of the property that provides access to the adjacent properties to the south and southeast. In the same location is a 15' utility easement that contains the water line to the property to the south. The properties to the south and southeast are not currently connected to the city sewer line in Dove Road. At the March 3 r `' Planning and Zoning meeting, the property owner to the south expressed concern that the paved driveway shown on the concept plan would make it more expensive to connect to city sewer in the future. The applicant has revised the concept plan to show the existing gravel driveway in the area of the utility easement. There have been no other changes to the concept plan since the P &Z meeting. isider first reading approval of a zoning change and concept plan Background Information Vicinity Map Plans and Support Information - Link to PowerPoint Presentation SPIN meeting report dated March 21, 2011 Concept Plan Review Summary No. 3, dated March 22, 2011 Surrounding Property Owners Map and Responses Ordinance No. 480 -603 Full Size Plans (for Commission and Council Members Only) Case No. ZA11 -002 STAFF CONTACT: Richard Schell (817) 748 -8602 Dennis Killough (817) 748 -8072 Case No. ZA11 -002 BACKGROUND INFORMATION OWNER/APPLICANT: William David Brooks, Jr. PROPERTY SITUATION: 587 E. Dove Road LEGAL DESCRIPTION: Tract 1 B, Larkin H. Chivers Survey, Abstract No. 300 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -1A" Single Family Residential District HISTORY: -The property was annexed in 1957. -The previous residence that was built in 1960 (source: TAD) has been demolished. SOUTHLAKE 2025 PLAN: Future Land Use Plan The underlying land use designation is Low Density Residential. The request to change the zoning to "SF -1A" Single Family Residential District is consistent with this land use designation. Master Thoroughfare Plan The Master Thoroughfare Plan recommends E. Dove Road to be a two - lane undivided arterial with eighty -eight (88) feet of right of way with the provision to improve the roadway to a four -lane divided arterial with eighty - eight (88) feet of right way when traffic counts on E. Dove Road warrant the change. Adequate right of way is shown to be dedicated on the concept plan and on the associated one -lot plat showing. Pathways Master Plan The Pathways Master Plan shows a sidewalk less than 8' in width proposed along the south side of E. Dove Road, an 8' multi -use trail programmed along the north side of E. Dove Road and an on- street bikeway planned for E. Dove Road. 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. TRANSPORTATION ASSESSMENT: The proposed concept plan shows one residential lot. Since the proposed zoning change only allows one home to be built on the lot to replace the home that was demolished, there will not be a significant, if any, increase in the number of trips to and from the property with this request. WATER & SEWER: The property is served by an 8" sanitary sewer line and a 12" water line running along the south side of E. Dove Road. There is a fire hydrant Case No. Attachment A ZA11 -002 Page 1 located directly at the northeast corner of this property. DRAINAGE ANALYSIS: This property has a high point located in the southwestern portion of the site in the "L" shape. The high point drains away concentrically with the majority of the property itself draining generally to the north and east. There are no drainage improvements located in the near vicinity. TREE PRESERVATION: The concept plan shows six trees in the proposed house location and two trees in the proposed driveway location that would be removed. There is a comment in the Concept Plan Review Summary to provide a Tree Conservation Plan labeling any trees that may be altered, such as those in close proximity to the proposed house and driveway locations, as "marginal ". SPIN MEETING: A SPIN meeting on this development was held on March 21, 2011 (see Attachment D. PLANNING & ZONING COMMISSION ACTION: March 3, 2011; Approved (5 -0) requiring the applicant, per the City Engineer, to provide a twenty (20) foot wide utility easement, as shown on the site plan and any additional width that may be needed for the access drive to accommodate ingress and egress; and noting the applicant has agreed to install an eight (8) foot fence on the south property line between he and his neighbors' property; and subject to the Concept Plan Review Summary No. 2, dated February 24, 2011. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated March 22, 2011. Case No. Attachment A ZA11 -002 Page 2 Vicinity Map 587 E. Dove Road 0 cn W U W D E DOVE RD ZA 11 -002 Zoning Change & Concept Plan 587 E. Dove Rd. N 0 195 390 780 S Feet Case No. Attachment B ZA11 -002 Page 1 CONCEPT PLAN APPROVED BY P &Z MARCH 3, 2011 LINK TO POWERPOINT PRESENTATION LOT 2. BLOCK 1 - - LIBERTY PARK AT SHELTONWOOO. COUNTY CLERKS NO. D209047613 P.R.U.T. zoNw SF-u FUTURE 204IN6 Lu .o. — R O.I n ) d ( ➢ R URVEY ABST N 0. 350 _ 'NB�` '66" f5$1'3 i SURVEY ABSTRACT 1V0: 300. 1:• ' - • - - •.°°A - � � WAIE1. NFIEP" FIB. I - JOHN KOLDUS VOL. 11962, PG. 682 D.R.T.C.T. ZONED V -1A ((�IEAI —) ( FUTURE ZONNG LUA. Fhb. G4PPF➢ IP fNO. GP IP - °°•' - - - - IIPirR vLL�E - - - . - - FOAFR O LAS ry FO. 261.01 - -- .�OEDICATION -- Pala 158. POINT OF ... .... 10 LED SWE UFFERYARD BEGINNING r ;_ 4J OLt .� _40' B.L. - PRO 8Z PRO SEE gip BRAZOS ELECTRIC POWER CO -OP LOT 1; BLOCK 1 PRESTON O. STONE aj - R "_ _ VOL, 3335, PG. 364 ESTES PARK PHASE IADI VOL. 5460. PG. 902 off D.R.T.C.T. CAB. A SLIDE 9572 D, R.T.C.T. - m $`4 PBO �. P.R.T.C.T. ZONED A6 FUTURE ZONNO LUAI. AOUSE L N 8 - �"^sY NNREZONINO LU.O ZONED R -PUO nr., Ur 'a' 3 PROPOSED CONCRETE DRIVE } ! " -�Y} .A N89 E 14 a° ou�� 0 07 N' . 5220 - a I 7• ,;!• ------------- -flA.1 ERRtm " FlVO. 2' Y+ - f. 00 I o f7 ACR -Ls L I e• 1• Z0. r i1• LOT 3111, BLOCK 1 STEWARD of all "- b^ ! ADDITION - CAB. A, SLIDE 4814 P.R.T.C.T. I 589 4 1fi W 209.5 ZONED SF -1A I I FIfRIRE zaNNC Lu.O. = I I LOT IF, BLOCK 1 W VANN AODITION CAB. A, SLIDE 8984 Case No. Attachment C ZA11 -002 Page 1 CONCEPT PLAN SUBMITTED MARCH 21, 2011 LIBERTY PARK P7 SHEVO WORD COUNTY CLERKS NO. D304D476Yj P.R.T.C.7. zui Y - MIJC DpYG L44 Trmzmsu ar Rd.I.J R. DOPE ROAD URVE ABST N0. 350 N89' 43'00 'E 1 58.19 i SURVEY ABSTRACT NQ. 300 JDTRT KOI VOL. 11962, PC. 662 D.R.T.C.T. zoo s�_u �� ICesKi LVR I6 OM#i0 • IM�Y� IM BWOS ELECTRIC POWER CO —OP TAT t, LO BUCK VOL. =5, PG. 364 ESTES PARK PHASE I D.R.T.C.T. CAB. A, SLIDE V $. P.R.T.C.T. 7aMD A{ h NILwE ]+a'.T4 Lu.D ICED !gyp e°1 EXISTING GRAVEL DRIVE � i• � ar AO' B.L. �' S PRESTON C. STONE (4��3 VOL 5480, PC. M C _ ° a D.R T.C.T. tv E S( M.0.31011 vi ' ° ial - HVtUSE LO L,.0. 52.20 JDTRT KOI VOL. 11962, PC. 662 D.R.T.C.T. zoo s�_u �� ICesKi LVR I6 OM#i0 • IM�Y� IM BWOS ELECTRIC POWER CO —OP TAT t, LO BUCK VOL. =5, PG. 364 ESTES PARK PHASE I D.R.T.C.T. CAB. A, SLIDE V $. P.R.T.C.T. 7aMD A{ h NILwE ]+a'.T4 Lu.D ICED !gyp e°1 EXISTING GRAVEL DRIVE � i• � � I (4��3 �r N89'43' E S( M.0.31011 vi ' ° ial N 52.20 r -� 1 VE. € nl. I gr ! or E T r - i r I iTb Sep S, . a L!7 dC LOT 1R. BLOCK 1 r I MIN ADD1'ftON ' a Q CAB. A. SLIE 8464 4 O LOT 3F I, BLOCK 1 STEWARD ADDIPdN C OI al it CAB. A. SLIDE 014 P.R.T,C.T, I I 5944 16 W 24 iaaa SF-IA e1i11A[ 261li LI1D. 1 ai I I JDTRT KOI VOL. 11962, PC. 662 D.R.T.C.T. zoo s�_u �� ICesKi LVR I6 OM#i0 • IM�Y� IM BWOS ELECTRIC POWER CO —OP TAT t, LO BUCK VOL. =5, PG. 364 ESTES PARK PHASE I D.R.T.C.T. CAB. A, SLIDE V $. P.R.T.C.T. 7aMD A{ h NILwE ]+a'.T4 Lu.D ICED !gyp e°1 EXISTING GRAVEL DRIVE � i• � � I �r �1 E N y � f �e r la 1 € { r I gr ! r I LOT 1R. BLOCK 1 I MIN ADD1'ftON ' a Q CAB. A. SLIE 8464 Case No. Attachment C ZA11 -002 Page 2 13 SOUTHLAKE SPIN MEETING REPORT CASE NO. PROJECT NAME SPIN DISTRICT MEETING DATE MEETING LOCATION ZA 11 -002 587 E. Dove Road SPIN # 3 March 21, 2011; 6 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Seven (7) • SPIN REPRESENTATIVE(S) PRESENT: Randy Williamson (# 3) • APPLICANT(S) PRESENTING: David Brooks, property owner • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rsch ell Ca�ci. south lake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 587 E. Dove Road; just east of the intersection of E. Dove Road and Ridgecrest Drive. Development Details • Mr. Brooks is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -1A" Single Family Residential District to allow construction of a new principal residence on property located at 587. E. Dove Road. In order to obtain a building permit, the existing tract must be rezoned and platted. The applicant is requesting a zoning change to "SF -1A" Single Family Residential District because the Future Land Use designation for the property is Low Density Residential and the lot size is slightly over the one acre minimum required in the SF -1A zoning district. The applicant has also submitted an application for a one lot plat showing, which can be administratively approved if the zoning change and concept plan are approved by City Council. There is an existing ingress egress easement along the eastern portion of the property that provides access to the adjacent properties to the south and southeast. In the same location is a 15' utility easement that contains the water line to the property to the south. The properties to the south and southeast are not currently connected to the city sewer line in Dove Road. At the March 3` Planning and Zoning meeting, the property owner to the south expressed concern that the paved driveway shown on the concept plan would make it more expensive to connect to city sewer in the future. The applicant has revised the concept plan to show the existing gravel driveway in the area of the utility easement. There have been no other changes to the concept plan since the P &Z meeting. Case No. Attachment D ZA11 -002 Page 1 QUESTIONS / CONCERNS • So there will not be any pavement? Yes, with an ingress /egress easement for future access to sewer for southern property owners. Still working with plan for complete paved driveway possibilities. • This case is listed as a rezoning; is the garage separate? No, it is attached and the home will be in the same general location as the previous structure. • Will this easement become a City street? No, it is a private drive. Besides, there is not enough room to get the required 60' width for a City right of way. • Is there an easement on the west side? No • Will you be required to build a sidewalk along Dove? = Not as of now, however, I was asked to dedicate property to the City. • Are you requesting any variances to your building? No, in fact, we are exceeding City building standards. • What will you be using the garage for? We have personal vehicles and water sports vehicles. Also, the ceiling will be 14 feet high so we could essentially use it for family entertainment. The garage will have a total of 4 doors; it has two ends to it. GENERAL COMMENTS / CONCERNS • Why the City is requiring an 8 inch sewer line in order to service 3 residences when an 8 inch line can service hundreds. The cost difference is very significant. • Sidewalk connection from Estes Park to existing sidewalk on other side of Brazos Electric. • The appearance of Brazos' property. SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials. City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA11 -002 Page 2 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA11 -002 Review No.: Three Project Name: Concept Plan — 587 E. Dove Road Date of Review: 03/22/11 OWNER/APPLICANT: William David Brooks, Jr. 2205 Yeargain Ct. Southlake, TX 76092 Phone: (972) 567 -3180 Email: choice200)aol.com SURVEYOR: Lloyd Bransom Surveyors, Inc. Charles B. Hooks, Jr. 1028 N. Sylvania Ave. Fort Worth, TX 76111 Phone: (817) 834 -3477 Email: survey1968 @swbell.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/21/11 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. Label the proposed land use designation under the zoning in the title block. 2. Label the adjacent properties and properties across adjoining R.O.W.'s with future land use map designation ( "Future L.U.D.= ") in addition to the current zoning on the properties. 3. All driveways /points of ingress /egress must comply with the Driveway Ordinance No. 634, as amended). The following changes are needed: a. Show any existing driveways across adjoining rights -of -way and note the type of pavement and use (residential, commercial, etc.). Provide a minimum driveway width and approach radius necessary to accommodate emergency vehicle access. 4. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. Please be aware that there are specific requirements in Zoning Ordinance No. 480, Section 39, as amended, for fencing and screening along arterials. Fencing along E. Dove Road shall be constructed of one of the following: masonry, ornamental metal or iron, stained cedar board -on -board with cap and masonry columns with a maximum of 14 feet from column center to column center, or some combination of the above, if approved by the Administrative Official. 5. Provide a 20' utility easement along the eastern property line to accommodate future water and sewer service to the lots to the south and southeast. 6. Provide a common access easement that covers the entire width of the driveway serving the lots to the south and southwest that will be paved in the future. Case No. Attachment E ZA11 -002 Page 1 Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us TREE CONSERVATION COMMENTS: Please provide the required color -coded Tree Conservation Plan which clearly delineates for each protected tree whether the tree will be preserved (green), removed (red), or is marginal — to be preserved if possible, but may be removed (yellow). The trees that are shown on the concept plan may be color -coded to meet the requirements of the Tree Conservation Plan. 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. BUFFERYARD REQUIRED: A 10' — B type landscape bufferyard is required to be provided adjacent to the right -of -way of E. Dove Road. The plantings required within or in the vicinity of the bufferyard are as follows. 3 — Canopy Trees 5 — Accent Trees 16 — Shrubs Please provide the landscape Bufferyard Summary Chart on the Concept Plan (see example below). Bufferyards Summary Chart 0 0 Location Length Bufferyard Width - Type Canopy Trees Accent Trees Shrubs Fence /Screening Height & Material Required 269' 10' Type "B" 6 9 27 None North provided 269' 10' Type "B" 6 9 27 7' Stone Wall Informational Comments: The maximum hose lay distance from a driveway that is accessible by a fire truck is 150' for a dwelling with no sprinkler system and 250' for a dwelling with a sprinkler system. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. It appears that this property lies within the 65 LDN D /FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. 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, Case No. Attachment E ZA11 -002 Page 2 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 E ZA11 -002 Page 3 Surrounding Property Owners 587 E. Dove Road s �P 17 6 E ST DOVE R 7 14 13 12 1 0 8 9 11 16 Q, a 15 2 N 10 r 4 3 � FZOGK w w J SPO # I Owner Zoning Land Use Acreage Response 1. Estes Park Hmo Assoc Inc RPUD Medium Density Residential 2.26 F 2. Spain, Paul RPUD Medium Density Residential 2.10 NR 3. Belmont, Daniel G RPUD Medium Density Residential 0.49 NR 4. Gibson, Michael Etux Lori RPUD Medium Density Residential 0.46 NR 5. Southlake, City Of CS Public Park /Open Space 17.52 NR 6. Shelton, John M CS Low Density Residential 2.53 NR 7. Bailey, Gaylon F AG Low Density Residential 1.05 NR 8. Heitman, Steven A Etux Denicia AG Low Density Residential 0.96 NR 9. Grybash, Gerald W Etux Lynda SF -1A Low Density Residential 0.98 NR 10. Howard, Paul A Etux Marsanne E SF -1A Low Density Residential 1.08 NR 11. Ferris, Christopher A AG Low Density Residential 2.01 O 12. Brooks, William D Jr AG Low Density Residential 1.26 NR 13. Brazos Electric Power Co -Op AG Low Density Residential 1.05 NR 14. Stone, Preston G AG Low Density Residential 1.41 F Case No. Attachment F ZA11 -002 Page 1 15. Martin, Scott F Etux Amy J AG Low Density Residential 0.52 O 16. Martin, Scott F Etux Amy J AG Low Density Residential 0.50 O 17. Koldus, John Iv Etux Gwen SF -1A Low Density Residential 2.13 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Seventeen (17) Responses Received: Four (4) — Attached Case No. Attachment F ZA11 -002 Page 2 2122%'11 TLIE 15: { }8177488077 Notification Response Form WI-002 Thursday, March 3, 2011 - 6:30 PM Estes Park Hmo Assoc Inc 395 W State Hwy 114 Ste 300 Southlake Tx, 76092 12939 1 1 09 # Ii I 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 =favor opposed to undecided about (circle or underline one)... the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Si _ Date: t Additional nature: Date: Printed Name(s): /77�% v L - 1,;1 Must be property owner(s) whose names) are printed at top. 011ferwise contact the Planning Department. One form per prop&4- Phone Number (optional): Case No. Attachment F ZA11 -002 Page 3 Notification Response Form ZA11 -002 Thursday, March 3, 2011 — 6:30 PM Stone, Preston G 565 E Dove Rd Southlake Tx, 76092 A 300 1802 20 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being owner(s) property so noted- -above, -are hereby Gi 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: / & .."�- , Date: 01 -13 - 11 Additional Signature: Date: Printed Name(s): PR ES T ON G. S T ONE Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): F7 7 - i- 9 I - l'7 2 o Case No. Attachment F ZA11 -002 Page 4 Notification Response Form ZA11 -002 Thursday, March 3, 2011 — 6:30 PM Martin, Scott F Etux Amy J 591 E Dove Rd Southlake Tx, 76092 A 300 1 B07 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: /#�'a IV Gf�'� ,76a r5p Signature: Additional Signature: Date: Date: Printed Name(s): SC-077 M)k IO Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA11 -002 Page 5 03/02/2011 17:05 9406654177 MAGE5 GROUP PAGE 01/01 Notification Response Form ZA11 -Do z Thursday, March 3, 2011 _ 6:30 PM On M ew AA7 %juII mbv UPL- 1 x, r U4q t PLEASE PROVIDE COMlPL - - 1 vo; o o it W M *i vi P� vv II;D I� D.PUHR I 'IJCA01K11* Being the owner(s) of the pro erty so noted above, are hereb- in favor of opposed to undecided about (circle or un erline ore) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: 6o 4� r Additional Signature: Printed Name(s): Must be propeRy owners) whose name(s) are p ted at top Othe Phone Number (optlonal)_ fwd rwfse contact the Planning Date: - Date One f[rnn per property �I�7- - CD -V 5 j Case No. ZA11 -002 Attachment F Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -603 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 1B, LARKIN H. CHIVERS SURVEY. ABSTRACT NO. 300, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.259 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 G ZA11 -002 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 Case No. Attachment G ZA11 -002 Page 2 clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning 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: Case No. Attachment G ZA11 -002 Page 3 Being described as Tract 1 B, Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant County, Texas, being approximately 1.259 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1 A" 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: 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 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 Case No. Attachment G ZA11 -002 Page 4 commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. 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 Case No. Attachment G ZA11 -002 Page 5 court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. 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 day of March, 2011. MAYOR ATTEST: Case No. ZA11 -002 Attachment G Page 6 CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of April, 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA11 -002 Attachment G Page 7 EXHIBIT "A" Being described as Tract 1 B, Larkin H. Chivers Survey, Abstract No. 300, Southlake, Tarrant County, Texas, being approximately 1.259 acres, being approximately 1.259 acres, and more fully and completely described below: BEGINNING AT CAPPED IRON PIN SET IN THE SOUTH LINE OF E. DOVE ROAD FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 3335, PAGE 384, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING LOCATED 22.40 FEET NORTH AND 207.01 FEET SOUTH 89 DEGREES 43 MINUTES 00 SECONDS WEST FROM THE NORTHWEST CORNER OF LOT 1, BLOCK 1, ESTES PARK PHASE I ADDITION, AN ADDITION TO THE CITY OF S❑UTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 9572, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 10 MINUTES 52 SECONDS WEST 313.45 FEET ALONG THE WEST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 3335, PAGE 364 AND LOT 1R, BLOCK 1, VANN ADDITION, AN ADDITION TO THE CITY OF SOUIIHLAKE, TARRANT COUNTY, TEXAS, TO PLAT RECORDED IN CABINET A, SLIDE 8964, PLAT RECORDS, TARRANT COUNTY, TEXAS, TO A 1/2� IRON PIN FOUND FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 784x, PAGE 721, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH B9 DEGREES 49 MINUTES 16 SECONDS WEST 209,25 FEET ALONG THE NORTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7844, PAGE 721 TO A CAPPED IRON PIN SET IN THE EAST UNE OF LOT 3R1, BLOCK 1, STEWARD ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 4814, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 7844, PAGE 721 AND FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 00 DEGREES 04 MINUTES 48 SECONDS WEST 104.36 FEET ALONG THE EAST LINE OF SAID LOT 3111, BLOCK 1, STEWARD ADDITION TO A 1/2 IRON PIN FOUND IN THE SOUTH LINE OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5480, PAGE 982, DEED RECCRDS, TARRANT COUNTY, TEXAS, FOR THE NORTHEAST CORNER OF SAID LOT 3R1, BLOCK 1, STEWARD ADDITION AND FOR THE MOST WESTERLY NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS EAST 52.20 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LANE] AS DESCRIBED IN DEED RECORDED IN VOLUME 5480, PAGE 982 TO A 1/2" IRON PIN FOUND FOR THE SOUTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5480, PAGE 982 AND FOR CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 208.70 FEET ALONG THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5480, PAGE 982 TO A 1/2" IRON PIN FOUND IN THE SOUTH LINE OF SAID E. DOVE ROAD FOR THE NORTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5480, PAGE 982 AND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 89 DEGREES 43 MINUTES 00 SECONDS EAST 158.19 FEET ALONG THE SOUTH UNE OF SAID E. DOVE ROAD TO THE POINT OF BEGINNING AND CONTAINING 1.259 ACRES OF LAND, MORE OR LESS Case No. ZA11 -002 Attachment G Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. ZA11 -002 Attachment G Page 9