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Item 8ACity of Southlake Department of Planning STAFF REPORT March 15, 2002 CASE NO PROJECT ZA01 -124 Remington Retirement Community REQUEST: Veranda Senior Communities is requesting approval for a rezoning and concept plan for the Remington Retirement Community. ACTION NEEDED: Consider first reading for rezoning and concept plan request ATTACHMENTS: (A) (B) (C) (D) (E) (F) (G) (H) Background Information Vicinity Map Plans and Support Information Concept Plan Review Summary Surrounding Property Owner Map Surrounding Property Owner's Responses Ordinance No. 480 -275a Full Size Plans (fog• Connie s . on and Council Members Only STAFF CONTACT: Ben Bryner (481 -2086) Case No. ZA01 -124 BACKGROUND INFORMATION OWNER: Remington / Veranda Southlake, L.P. APPLICANT: Veranda Senior Communities PURPOSE: The purpose of this request is to revise the zoning district regulations and concept plan for the Remington Retirement Community. PROPERTY SITUATION: The property is located on the south side of West Southlake Boulevard (FM[ 1709), south of the intersection of West Southlake Boulevard (FM 1709) and West Jellico Circle. LEGAL DESCRIPTION: Tracts 4F, 41 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses. REQUESTED ZONING: "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential and (senior) two - family residential uses. HISTORY: -City Council approved a zoning and concept plan on July 7, 1998. -A site plan was approved for the project on November 17, 1998. -A final plat was approved by the Planning and Zoning Commission on June 17, 1999. TRANSPORTATION ASSESSMENT: Master Thorouzhfare Plan The Master Throughfare Plan recommends Southlake Blvd to have 130' of right -of -way. Adequate right -of -way exists for this road. Proposed Area Road Network and Conditions The proposed site will have three (3) access drives directly onto Owenwood Drive, a proposed commercial street along the west portion of the Remington site with 60' of right -of -way, which will intersect Southlake Blvd across from West Jellico Circle. The street will eventually extend south to connect to Union Church Road. Case No. Attachment A ZA01 -124 Page 1 Existing Area Road Network and Conditions West Southlake Boulevard is a five lane, undivided thoroughfare with a continuous, two -way, center left turn lane. The roadway will ultimately be widened to a seven lane roadway. May, 2001 traffic counts on F.M. 1709 (between FM 1938 (Davis Blvd) & Pearson Lane): Table #1 24hr West Bound (WB) (16,105) East Bound (EB) (16,634) WB Peak A.M. (874) 10 — 11 a.m. Peak P.M. (1,704) 4 — 5 p.m. EB Peak A.M. (1,743) 6 — 7 a.m. Peak P.M. (1,106) 4 — 5 p.m. Traffic Impact Use # Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT Villa apartments 32 111 1 1 1 2 Independent apartments 41 143 1 1 3 2 Assisted living units 122 262 4 3 12 9 Nursing units 170 366 6 4 16 13 Totals 365 882 12 9 32 26 *Vehicle Trips Per Day *The AN"M times represent the number of vehicle trips generated during the peak travel times on Southlake Boulevard. Southlake Boulevard, between FM 1938 (Davis Blvd) and Pearson Lane, carries approximately 32,739 vehicles with the peak traffic times occurring between 6 a.m. and 7 a.m. in the morning and between 4 p.m. and 5 p.m. in the afternoon. According to Trip Generation, 6`" Edition, the site will generate approximately 21 vehicle trips during the A.M. rush hour and approximately 58 vehicle trips during the P.M. rush hour. WATER & SEWER: The site will connect water services to an existing 12" water line along the south side of Southlake Boulevard. A 10" sewer line extension of approximately 3300 feet is proposed from the southern property line to the south side of Union Church and over to an existing 18" sewer line approximately 600 feet from Davis Blvd. ESTIMATED IMPACT FEES: Water $77,319.42 (assumes 13 — 2" compound meters) Irrigation $23,790.59 (assumes 4 — 2" simple meters) Wastewater $48,182.78 (assumes 13 — 2" compound meters) Roadway $58,520.45 (assumes 292 nursing /assisted living units, 41 independent units, and 32 villa apartments) *Final Impact Fees are determined by the Building Services Department at the time of Building Permit Issuance. The fees shown above represent estimates prepared by the Planning Department. Case No. Attachment A ZA01 -124 Page 2 MASTER PATHWAYS: According to the Master Pathways Plan, an 8' multi -use trail is planned along Owenwood Drive, located on the west side of the Remington property, connecting Southlake Blvd to Union Church. An 8' trail is designated along the north side of Southlake Boulevard. P &Z ACTION: February 21, 2002; Approved to Table (5 -0) until March 7, 2002. March 7, 2002; Approved (5 -1) subject to Concept Plan Review Summary No. 3, dated February 15, 2002. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated February 15, 2002. 1. The following changes have been made from the previously approved zoning and concept plan: a) Number of stories: The Congregate Living Center was previously approved as a two -story building. The new proposal shows a three - story building. b) The Congregate Care Center was previously approved as a single - story building. The new proposal shows a two -story building. c) Number of units: The previously approved plan allowed for a maximum of 202 units. The proposed plan is requesting a maximum of 365 units. This is a change in density from 9 dwelling units per acre to 16 dwelling units per acre. 2. Under the "S -P -2" Generalized Site Plan District zoning, the applicant proposes the following: a) Density: The applicant proposes a maximum density of 16.2 dwelling units per acre. Ordinance 480, Section 17.5.i allows a maximum number of 12 dwelling units per acre. b) Parking: The applicant is requesting 265 total spaces (68 one -car garages and 197 surface spaces) with 25 tandem driveways. The total number of parking spaces required by Ordinance 480, Section 35 equals 422 spaces. Case No. Attachment A ZA01 -124 Page 3 c) Building setback: The applicant proposes that buildings having a height greater than 20' having more than one story shall be setback a minimum distance from single family residential property lines as shown on the concept plan. All other buildings shall be setback no closer than the building setback lines shown on this concept plan. Residential adjacency standards (Section 43.11, exhibit 43 -E) states that no non - residential building may encroach in the area above a line having a slope of 4:1 from any property line of a property with a low density residential land use designation. However, a structure may be built up to within 40 feet of the residential property line, provided that the structure is no greater than one story or 20' in height. d) Bufferyards: The applicant proposes that bufferyards between Lots 1 & 2 shall not be required. Bufferyards are required within and along the outer perimeter lot or boundary line (Section 42.3). e) Minimum floor areas: The applicant has set minimum standards for the unit types being: villas = 1,128 S.F.; independent living = 550 S.F.; personal care = 450 S.F.; and nursing = 300 S.F. The "MF -2" district requires a minimum of 850 S.F. per unit. Personal care facility requirements include 350 S.F. per efficiency unit, 450 S.F. per one - bedroom unit, and 550 S.F. per two - bedroom unit. f) The applicant is proposing an age requirement restricting the age of residents to 62 years of age or older. There is an adjacent property owner to the west that is within the 200' notification area, opposed to this zoning change. This opposition exceeds 20% of the surrounding properties within 200' and will require. M \Community Development \WP - FILES \MEMO \2001cases \01- 124ZCP.doc Case No. Attachment A ZA01 -124 Page 4 Vicinity Map Remington Retirement Community 1000 0 1000 2000 3000 Feet WIN S Case No. ZA 01 -124 E Attachment B Page 1 o� ~z N° i b � CfQ � r ..a - ; D .. IP ` W��GRFGATE R {uMi 9 REMINOTON xiTMEM rrr Cow C OWEN WOOD DRIVEADDMON ILRI1.49111CL1 Qfl'PVld.FiIDAi6 TAQUTfA3H14,'III89 PR ftA �UC1P A W Lt [IYQ/C LllA1fl Q'N YiM W i 911AI{ �P6PIIIdh➢PHiTE}lQ aNd4PQ1WYdL TlPEPMIlIIT f,'D4�'GGn:NYIIlli AM1n WLEl61mS11tR18 1116fl1NhC4PPl9�INIW.dI�n ' P48t1p'A]6.PLLC PIWNFL �Y]@lC1GN�YPA,ms 90t1I1Q.1R LP. aLM1'S1(1'PY vPPanne �ao¢rsaaPOnz{� >9wrt�snor nPnn PNRtlP PdT 079dn [(9d PRPP�aP', CdIRl ]SYDIIIP®1'fH N'94Y.1.490Oh'14d qfl BA9WY�KfrtFBel0. .WfI4 nP xa�Pmv,.mPmuraPein P11y11S491 Pd1f 0111diSOWP ZA01 -124 CONCEPT PLAN SCALE 1' - oo-o t b 15 2 o m F E 9 0 � z!q ry �{ N (Q Q 1 �-- n CONCEPT PLAN REVIEW SUMMARY Case No.: ZA01 -124 Review No.: Three Date of Review: 02/15/02 Project Name: Concept Plan — Remington Retirement Community APPLICANT: Veranda Senior Communities / ARCHITECT:Galier, Tolson, French Design Remington/Veranda Southlake, L.P. Ron Howell, Todd Lindley 12900 Preston Road, Suite 400 Dallas, TX 75230 PHONE: (972) 934 -3344 FAX: (972) 661 -0606 Associates Marc Tolson 8251 Bedford - Euless Rd, Suite 250 North Richland Hills, TX 76180 PHONE: (817) 514 -0584 FAX: (817) 514 -0694 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 02/08/02 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 Remove the ± from the floor area regulations. The applicant requests approval of the uses and development regulations as noted in the City's staff report and on the face of the Concept Plan. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, and a site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. This site falls within the applicability of the residential adjacency standards as amended by Ordinance 480 -CC, Section 43, Part III "Residential Adjacency Standards" as well as the Corridor Overlay Zone regulations in Section 43, Part 11. Although no review of the following issues is provided with this concept plan, the applicant must evaluate the site for compliance prior to submittal of the site plan. A Site Plan must be submitted and approved by the Planning and Zoning Commission and City Council prior to issuance of a building permit. Note that these issues are only the major areas of site plan review and that the applicant is responsible for compliance with all site plan requirements: Masonry requirements per §43.13a, Ordinance 480, as amended and Masonry Ordinance No. 557, as amended. Roof design standards per § 43.13b, Ordinance 480, as amended Mechanical Equipment Screening per § 43.13c, Ordinance 480, as amended. Case No. ZA 01 -124 Attachment D Page 1 • Vertical and horizontal building articulation (required on all building facades) per §43.13d, Ordinance 480, as amended. • Building setback standards as per § 43.13h and as shown in exhibit 43 -E, Ordinance 480, as amended. • Spill-over lighting and noise per §43.131 and §43.13j, Ordinance 480, as amended. • Off - street parking requirements per §35, Ordinance 480, as amended. All areas intended for vehicular use must be of an all weather surface material in accordance with the Ordinance No. 480, as amended. • Screening as per §39.4, Ordinance 480, as amended. • Interior landscaping per Landscape Ordinance No. 544. • Fire lanes must be approved by the City Fire Department. Case No. Attachment D ZA 01 -124 Page 2 Surrounding Property Owners Remington Retirement Community Case No. Attachment E ZA 01 -124 Page 1 Owner Zoning Land Use Acreage 1. W. Goodell 1. SF -IA 1. Low Density Residential 1. 1.79 2. W. Goodell 2. SF -IA 2. Low Density Residential 2. 1.63 3. J. Hall 3. SF -IA 3. Low Density Residential 3. 1.72 4. J. Hall 4. SF -IA 4. Low Density Residential 4. 1.58 5. J. Hall 5. SF -IA 5. Low Density Residential 5. 1.17 6. N. E. Tarrant County 6. CS 6. Low Density Residential 6. 7.03 Baptist Church 7. E. Weisman 7. SF -20A 7. Low Density Residential 7. 13.4 8. R. Reutlinger 8. SF -20A 8. Low Density Residential 8. 11.0 9. B. Couch 9. 0-1 9. Low Density Residential 9. 5.00 10. J. Mortazavi 10. AG 10. Low Density Residential 10. 3.08 11. P. Bailey 11. AG 11. Low Density Residential 11. 3.00 12. D. Sammons 12. SF -IA 12. Low Density Residential 12. 4.00 13. Keller, ISD 13. AG 13. Low Density Residential 13. 19.7 14. R. Slayton 14. SF -IA 14. Low Density Residential 14. 7.64 15. R. Slayton 15. SF -IA 15. Low Density Residential 15. 1.22 16. C. Slayton 16. SF -IA 16. Low Density Residential 16. 1.0 17. Lifestyles, Inc. 17. SP -2 17. Public /Semi -Public 17. 12.3 18. E. Owen 18. SP -2 18. Public /Semi -Public 18. 10.1 Case No. Attachment E ZA 01 -124 Page 1 Surrounding Property Owner Responses Remington Retirement Community Notices Sent: Fourteen (14) Responses: One response was received from within the 200' notification area: • Ruby Slayton, 2815 W. Southlake Blvd., Southlake, Tx. is opposed. (Received February 14, 2002) Sixty (60) responses were received from outside of the 200' notification area, all being opposed, numerous letters were written with identical format and wording; each type has been identified by an Addendum: Addendum "A" • Jaime Cadiz, 707 Chaucer Ct., Southlake, Tx Addendum `B" • David Carissimi, 1203 Normandy Dr., Southlake, Tx. • Mary Lloyd Jamison, 619 Regency Crossing, Southlake, Tx. • Sherry Berman, Southlake, Tx. Addendum "C" • Jessie Cadiz, 707 Chaucer Ct., Southlake, Tx • Cory Abbot, Southlake, Tx. Addendum "D" • Carolyn Morris, 403 St. Charles Ct., Southlake, Tx Addendum "E" • Joanna Johnson, Southlake, Tx. • Chris Smith, 1500 OakLn., Southlake, Tx • Brandon Baker, Southlake, Tx, • Michelle and Chris Weber, Southlake, Tx • Tony and Cinda Knight, 708 Chaucer Ct., Southlake, Tx Addendum "F" • Eric Milhizer, 452 Marshall Rd, Southlake, Tx Addendum "G" • Richard Montes, Southridge Lakes, Southlake, Tx Case No. Attachment F ZA 01 -124 Page 1 Addendum "H" • Nancy M. Jones, Southlake, Tx, • Kelley Kennedy, Southlake, Tx • James McPhail, Southlake, Tx • Jamie Cadiz, Southlake, Tx" • Robert E. Ward, Southlake, Tx • Glenn F. Young, Southlake, Tx • Laura Roach, Southlake, Tx Addendum "I" • Penny Pannell • Tom Morris • David and Karen Howell • James and Mary Ryniak • Maureen and Mal Fallon • Pat Cockrum • David Ackerman • Liz and Jack Lounsbury • Bruce Johnson • Jicky Sandow • Shelly Powell • Mike Bevill • Dan and Barbara Weinberger • Robert K. Hughes • Jamie S. Wimberly • No name given • Susan Quinn • No name given • Diane Smith • Bernard Ausdenmoore • Tom Kelley • John Saeger • Jim & Suzanne Peckham • Rhett and Angela Higginbotham • J. Scott Smith • Pam Jones • Robert & Christy Ward • Curtis & Kathlyn Woodard • Barbara A. Weinberger • No name given Case No. Attachment F ZA 01 -124 Page 2 • Kurt D. Miller • Steven W. Kettering • Laura A. Friedman • Robert S. Bennett Addendum "J" • Ed Roach, 1319 Westmont Court, Southlake, Tx. Addendum "K" • Dan Duffy, Southlake, Tx. Addendum "L" • Christopher D. Smith, 1500 Oak- Ln., Southlake, Tx. Addendum "M" • Carmen and Allen Mers, 2950 Burney Lane, Southlake, Tx. Addendum "N" • Daniel L. Fink, 603 Llano Court, Southlake, Tx. Addendum "O" • Michael E. Trader, 2701 Derby Ct. Southlake, Tx. Addendum "P" • Michael and Lisa Oleson, 1205 Lansdowne Ct., Southlake, Tx. Addendum "Q" • Hap Lyda, Southlake, Tx. Case No. Attachment F ZA 01 -124 Page 3 Addendum A Dear Commissioner, Thank you for serving the city of Southlake. Many Southlake residents (including seniors), along with numerous citizens who spent many hours working on the original Remington plan, have expressed their concerns about the proposed changes to Remington. There are facts, research and history behind the original plan approved in 1998 and why this proposal should be met with Opposition. The major concerns deal with: I. The drastic increase in specific population density (going from 201 units to 365). 2. The decrease in age requirement (going from 62 years old to 55). These two issues alone, if not accepted as approved, were enough to force Lifestyles, Inc. (the first developer) to abandon their proposal. The many citizens of Southlake support low - impact growth which conforms to the Southlake Land Use Plan. These two very important aspects of Veranda's proposal should be brought into compliance with what our senior citizens expect and what the former council and developer agreed upon. We hope that you will seriously consider and then reject this higher density proposal and maintain the same lower- density, higher -age- restricted community as the original Remington proposal. Sincerely, RECD FEB 2 0 2.002 Case No. ZA 01 -124 Attachment F Page 4 Addendum B Lorrie Fletcher (Herrick) From: David Carissimi [dcarissimi @iwatsu.com] Sent: Wednesday, February 20, 2002 3:10 PM To: 'Ifletcher @cityofsouthlake.com' Dear Lorrie: Please forward the following letter to all 7 Commissioners. Thank you. Dear Commissioner, I am very concerned about Veranda's proposal to increase the density of the Remington Retirement Community.Southlake citizens, seniors and former city council members worked hard to approve Remington in 1998 as a lower density community where our senior citizens and parents could enjoy uncrowded living.Veranda's proposal almost doubles the number of apartments and will cause: OVERCROWDED SENIORS OVERBURDENED TOWN SERVICES HIGHER TAXES PRECEDENT FOR FUTURE HIGH- DENSITY APARTMENTS IN SOUTHLARE Veranda should be made to comply with the existing lower density plan for our senior citizens. Thank you for standing up for Southlake's taxpayers and senior citizens. Respectfully, David Carissimi 1203 Normandy Drive Case No. Attachment F ZA 01 -124 Page 5 Addendum C Dear Commissioner, This Veranda proposal for Remington is not good and I think someone should answer these questions before they approve this high - density change to a quality retirement community. What would prevent any apartment development from being built under S -P -2 if this sets the precedent albeit in a "retirement" format? What protection does the city have if the developer goes bankrupt and the exclusive use for seniors no longer is viable? Could the city then decree that it must become a regular apartment complex or the city will be faced with an abandoned building, blight and a maintenance nightmare? What is the issue dealing with lowering the age from 65 to 55 and how would that impact our community? Please vote against this proposal before it is too late. Thank yo or taking the time to address my concerns. Jesse Cadiz 707 lChaucer Court Southlake TX 76092 RECD F E B 2 0 2002 Case No. ZA 01 -124 Attachment F Page 6 Addendum D 403 St. Charles CT. Southlake, TX 76092 February 6, 2002 City of Southlake Planning & Zoning Commission Southlake, TX Dear Commissioner Vernon Stansell, I am writing to express my concern about the changes being proposed for the Remington Retirement Community on Southlake Boulevard by Veranda. I was an interested and involved citizen when this original proposal was presented to the community, P &Z, and City Council. It was a plan that was thoroughly discussed and negotiated to gain approval. I support our senior citizens but the proposed Veranda plan does not represent the quality the seniors deserve. Some of the concerns I have about the Remington Retirement Community are: • Density — 81 % density increase — original 201 beds increased to 365 beds, which represents higher density than any of the MF zoning allowed in Southlake. • Age restrictions — lowered the age restrictions to 55 instead of 62 — age 62 is the age protected by the Federal Fair Housing Law (age 55 is not) • SP2 zoning has been approved for the land and should not be changed Please vote against the proposal by Veranda as it does not meet the original perimeters of the approved Remington Retirement Community, Sincerely, Carolyn Morris Case No. Attachment F ZA 01 -124 Page 7 Addendum E Remington, ZAOI -124 Lorrie Fletcher (Herrick) From: Christopher Smith [cdsmith2000 @compuserve.com] Sent: Monday, February 11, 2002 12:50 PM To: Ifietcher@cityofsouthiake.com Subject: Remington, ZAOI -124 LolTie, Please forward this to all the Planning and Zoning Commissioners. Thanks for your help. I am very concerned about Veranda's higher density proposal for the Remington Retirement Community. Remington was supposed to be the retirement community where our senior citizens and parents could enjoy uncrowded living in a rural setting. Our 1998 City Council approved it as a lower density, 201 -unit, 1 -2 story development. Page 1 of 1 VERANDA IS TRYING TO TURN IT INTO A SUPER HIGH- DENSITY APARTMENT COMPLEX FOR OUR SENIORS BY PUTTING 365 - UNITS (16 UNITS PER ACRE) INTO 2 -3 STORIES. THIS WOULD EXCEED SOUTHLAKE'S HIGHEST DENSITY ALLOWED AND SET A PRECEDENT FOR FUTURE APARTMENTS. IT WOULD INCREASE THE NEED FOR TOWN SERVICES AND CAUSE HIGHER SOUTHLAKE TAXES AND OVERCROWDING FOR OUR SENIORS. Southlake citizens support the current lower density plan for our seniors. Please ask Veranda to stay with the original lower density plan. Thank you for your service to our fine community. Chris Smith 1500 Oak Ln Southlake, TX 76092 2/11/2002 Case No. Attachment F ZA 01 -124 Page 8 Addendum F Page 1 of 1 Lorrie Fletcher (Herrick) From: Eric Milhizer [emilhizer @yahoo.comj Sent: Monday, February 11, 2002 5:07 PM To: Ifietcher@cityofsouthlake.com Subject: Veranda Proposal Lorrie, please forward my letter to all seven P &Z Commissioners. Thanks. Dear P &Z Commissioner, Thank you for serving the city of Southlake. Many Southlake residents (including seniors), along with numerous citizens who spent many hours working on the original Remington plan, have expressed their concerns about Veranda's proposed changes to Remington. There are facts, research and history behind the original plan approved in 1998 and why this proposal should be met with opposition. The major concern deals with the drastic increase in specific population density (going from 201 units to 365). Higher density would set a precedent for more of the same from future developers, put a burden on our town services and cause higher taxes and overcrowding for our seniors, The citizens of Southlake support low- impact growth, which conforms to the Southlake Land Use Plan. The super high- density aspect of Veranda's proposal should be brought into compliance with what our senior citizens expect and what the former council and developer agreed upon. We hope that you will seriously consider and then reject this higher density proposal and maintain the same lower- density community of the original Remington plan. Eric Milhizer 452 Marshall Rd. 2/12/2002 Case No. Attachment F ZA 01 -124 Page 9 Addendum G Page 1 of 1 Lorrie Fletcher (Herrick) From: richar montes [r.montes @gte.net] Sent: Saturday, February 16, 2002 3:02 PM To: Ifletcher@cityofsouthlake.com Subject: veranda developer Dear p and z members, I am a resident of Southlake and concerned about the new proposal by Veranda developers to build a high density apartment complex for seniors on 1709 west of Davis blvd. I am attending your next meeting but am going on record now that I am very much against this effort. I am in favor of uncrowded senior apartments but not density levels that exceed Southlakes allowable. Please vote against this as it would otherwise create an unfavorable precedent. Richard Montes Southridge Lakes 2/19/2002 Case No. Attachment F ZA 01 -124 Page 10 Addendum H Page 1 of 1 Lorrie Fletcher (Herrick) From: reS0r48x (resOr48x @verizon.net] Sent: Friday, February 15, 2002 7:46 PM To: Ifletcher @cityofsouthlake.com Subject: Remington Lorrie: Please forward this to all seven Commissioners. Thank you. Dear Commissioner, I would like to express my appreciation for your service to our fine city. The reason I'm writing you is because I'm very concerned about VERANDA'S PROPOSAL TO ADD APARTMENTS to the Remington Retirement Community on 1709, west of Davis. i feel it is not in the best interests of Southlake citizens, including seniors, for the following reasons: It was supposed to be a retirement community where our senior citizens and parents could enjoy uncrowded living in a rural atmosphere. Our 1998 City Council approved it as a lower density, 201 -unit, 1 -2 story development. Veranda is trying to turn it into a super high- density apartment complex for our seniors by putting 365 - units (16 units per acre) into 2 -3 stories. Veranda is violating Southlake's highest density zoning allowed (12 -units per acre) by taking advantage of the intent of Site Plan District Zoning, which is supposed to prevent this very sort of high- impact development. This will overcrowd our seniors and set the precedent for future apartments. According to the Southlake Projected Population Report, our build -out limit of 35,580 residents is based upon the current Land Use Plan. Veranda's super -high- density apartments will exceed our current infrastructure projections for street, water, sewer, police and fire services. According to the Residential Fiscal Impact Studies done by the Center for Urban Policy and Purdue University, the increased infrastructure demands of Veranda's request will cause a higher and disproportionate tax burden on Southlake's lower density homeowners. Southlake citizens, including seniors, support the current lower density plan for our seniors. Please don't be swayed by Veranda's appeals about their "distinctive architecture, quality -care, luxury, lush landscaping and special programming." HIGHER DENSITY WILL SET A PRECEDENT FOR FUTURE APARTMENTS, CAUSE HIGHER TAXES AND CROWD OUR SENIORS. This is an excellent opportunity for you to make the right decision for all of Southlake. Thank you for your consideration. James McPhail 2/18/2002 Case No. Attachment F ZA 01 -124 Page 11 Addendum I Pa oc 1 of 1 Lorrie Fletcher (Herrick) From: PJPannell@aol.com Sent: Saturday, March 02, 2002 11:03 AM To: Ifletcher@cityofsouthlake.com Subject: (no subject) I am very concerned about the following two issues before our Planning and Zoning Commission on March 7: Issue #1: Veranda's proposal to increase the density of the Remington Retirement Community. -- Southlake citizens, seniors and former city council members worked hard to approve Remington in 1998 as a lower density community where our senior citizens and parents could enjoy uncrowded living. -- Veranda's proposal almost doubles the number of apartments and will cause overcrowding for our seniors and set a precedent for more apartments. Issue #2: Very High- Density Housing Ordinance 480 -MM (Planned Residential Neighborhood). — 480 -MM at least triples the specific population density, creates school crowding, permits crime - ridden back alleys and violates the City Charter and Residential Ordinances. Please ask Veranda to comply with the existing lower density plan and do not allow 480 -MM (PRN) into our city. They will both overpopulate, overburden town services and cause higher taxes. Thank you for standing up for Southlake's taxpayers and senior citizens Sincerely, Penny Pannell RECD 'MAR 0 4 ZOOZ 3/4/2002 Case No. Attachment F ZA 01 -124 Page 12 Addendum J Opposed to Remington changes and high density proposal(s) Lorrie Fletcher (Herrick) From: Edward Roach [eroach@airmail.net] Sent: Tuesday, March 05, 2002 12:02 PM To: Ifletcher@cityofsouthlake.com Cc: Laura Roach Subject: Opposed to Remington changes and high density proposal(s) Lorri e, Page 1 of 1 I am writing in advance of the March 7th P &Z meeting to ask you to forward this to all commissioners. I am strongly opposed to the Remington plan as altered over time by the developer. This has become a much larger, higher density, more intensive care facility than previously agreed to in formal and informal compromise between residents and developers / Iandowners. This is absolutely unacceptable to me in its present form: • violates the master land use plans • creates a very high density facility represents a "bait and switch" approach by the developer /landowners that is against the democratic principles of our city government Secondly, I oppose the creation of The Very High - Density Ordinance 480 -MM (Planned Residential Community or PRN) in our city. As written it appears to allow extremely higher densities than ever before with unacceptable limitations on total land parcel size and consideration for adjoining properties. We do not need multi - family housing in Southlake. Every argument I have heard thusfar fails to hold water and appears to be a "get -rich quick" scheme for developers /landowners that violates the spirit and letter of the plans for building Southlake to be what we all want. Nearby multi - family housing exists in Grapevine, Bedford and other communities There is not a Southlake citizen -based demand for this housing Multi- family housing will alter demographic projections for our schools and other services There is an undeniable correlation between higher density and higher crime Please log and distribute my strong opposition to these two proposals. Thank you. Ed Roach 1319 Westmont Court Southlake, TX 76092 Broach c�airmail.net 817.424.2387 (home) 214.676.4313 (cell) 3/5/2002 Case No. ZA 01 -124 REVD M AP, 0 5 2002 Attachment F Page 13 Addendum K Lorrie Fletcher (Herrick) From: Dan Duffy [DDuffy@Epartnersolutions.com] Sent: Tuesday, March 05, 2002 12:47 PM To: 'Ifletcher@cityofsouthlake.com' Lorrie - Please forward this to the P &Z commissioners.... What will your historic contribution be to our community? You are looking out for the interests of those people who live, shop, eat and raise children in Southlake .... please be diligent in your effort to balance the need for property owners to make a fair profit and the future quality of life for those who choose to make Southlake our home. We only have one opportunity to do this right ... once the buildings are built, parking lots paved, trees cleared... there is no going back. Don't cave under pressure from a pro -real estate, pro - developer city government. They will be long gone when the development is done and we will have to live with the result. Think about all of those communities that allowed Kmart to pave a parking lot, build a large building and now have no prospects of filling the space or having taxes paid to fund local needs. Please be diligent in your efforts and keep a long term view when considering both of these issues. ISSUE #l: Remington Retirement Community: The name belies the fact that the developer, veranda, has changed the approved, lower- density, independent living community into a high- density, hospital -type, institutionalized nursing care complex. ISSUE #2: Discussion of The Very High - Density Ordinance 480 -MM (Planned Residential Community or PRN): Triples population density (6 houses per acre), allows school crowding, back alleys and violates the City Charter. Permits very high- density development on a patchwork of parcels with as little as 5 acres all over town (many next to established large -lot neighborhoods). M. Dan Duffy 972.582.36036 RECD MAR 0 5 2002 Privileged /Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you should destroy this message, and notify us immediately. If you /your employer do(es) not consent to Internet e-mail messages of this kind, please advise us immediately. Opinions, Cc1MPI -1100 Case No. Attachment F ZA 01 -124 Page 14 Addendum L Lorrie Fletcher (Herrick) From: Christopher Smith [cdsmith2000 @compuserve.com] Sent: Tuesday, March 05, 2002 12:59 PM To: Ifletcher @cityofsouthlake.com Subject: Remington Retirement Community Lorrie: Could you forward this to all the Planning and Zoning Commissioners, please. Thank you very much. Dear Commissioner, Thank you for your dedication and commitment to our fine community. This letter is to let you know that I favor Remington as it was first approved by our previous council. I have grave concerns about this new developer's intention for this quality plan. Here are some questions and comments: 1. Is Veranda's giant hospital -type complex appropriate in this part of town, where the land use plan calls for low - density homes, not the C -3 (highest impact) commercial -type zoning as its use requires? Veranda's Institutional Concept is opposite of the Independent Living intent of the original plan. Here is a breakdown; NUMBER OF UNITS: INDEPENDENT LIVING /ASSISTED LIVING /NURSING Original Remington (1 -2 stories): 111/60/30 TOTAL -201 * *Veranda request (2 -3 stories); 73/122/160 TOTAL -365 As you can see, the original plan had a majority of Independent Living residences (111). Veranda, even though they double the total number of units, actually has FEWER independent living units (only 73) with the rest being hospital -type, high- care/cost rooms (262). Ail the fancy amenities that Veranda will speak about will really only be accessible to the non - ambulatory (those capable of walking, not the bedridden) 20% of the residents. 2. Census 2000 demographics for Southlake show that only 899 citizens (4.2o of the population, many obviously independently living) are 62 or older. Based on this and the information above, will Veranda's expensive hospital concept be economically feasible for middle - income senior citizens and where will they come from? Assisted Living /Nursing Care facilities are THE type of units that are having the most bankruptcy problems nationwide. I can give you a list of 30 or more companies, if you would like, including nine of the country's top nursing home companies, which have filed for Chapter 11 bankruptcy protection in the last 2 years. In addition, the Texas nursing home bankruptcy rate is twice the national average. Is this what we want in Southlake? I believe that if Veranda were to go bankrupt, their hospital -type institution could not even be made into apartments, another undesirable option. 3. Veranda's hospital -type of facility must cost upwards of around $50 million. What is the debt /equity ratio? Hopefully it is at least 45% debt and 55% equity, or watch out! Who and how many independent investors? Have the lenders been lined up? What is Veranda's track record? Are they publicly or privately held? 4. During the SPIN meeting, Veranda said that if this first proposal weren't approved, 'they would still want to stay in Southlake and therefore go to Plan B, Does that mean they would lower the density and increase the more desirable and viable Independent Living units? I would hope so. Let's find out. 5. During the SPIN meeting, Veranda said this would be a gated community. Is that legal? 6. Has there been an Economic /Traffic Impact Study done on this proposal with the city choosing who does it and Veranda paying for it? RECD MAR 0 5 2002 Case No. Attachment F ZA 01 -124 Page 15 7. Will Veranda pay for the required traffic light at Owenswood and 1709? 8. Who will pay for the eventual street tie -ins at Union Church to the south and future development to the west? 9. Finally, will it be deed restricted to age 62 or older, as was the original plan? This is VERY important. Here's why: The Federal Fair Housing Act (FFHA) can only legally 'age restrict senior communities that are for those 62 or older. It opens Pandora's litigation box if Southlake allows Veranda the larger market of 55 or older because, under the Housing for Older Persons amendment to the FFHA, just who could live in the facility becomes a gray area. Technically, in the case of 55 or older, up to 20`k of the facility (73 units) could have any age /family combination. This then would put a greater strain on town services, schools, etc. In closing, I know this is a lot of information all at once. I am a long time resident of Southlake, love my community and her people. I DO want our senior citizens to have a lower density retirement community with a balance of options with an emphasis on true Independent Living that provides them the dignity and respect they deserve. Veranda's hospital -type institution proposal is not in keeping with the spirit of Southlake. Let's send them back to the drawing board. Sincerely, Christopher D. Smith 1500 Oak Ln. Southlake, TX RECD MAR 0 5 2002 Case No. Attachment F ZA 01 -124 Page 16 Addendum M Lorrie Fletcher (Herrick) From: cmers [curers @charter.net] Sent: Tuesday, March 05, 20021:25 PM To: Ifletcher @cityofsouthlake.com Subject: Veranda and 480 -MM We have lived in Southlake for 14 years and for the most part are pleased with the growth of our city, We have not allowed high density zoning and the city has prospered. Why with the small amount of land left do we want to make changes that will negatively impact our residents? We are adamantly opposed to Veranda's proposed change and to the whole concept of high density zoning. Sincerely, Carmen and Allen Mers, 2950 Burney Lane, Southlake, 817 -481 -8492 RED MAR 0 5 2002 Case No. Attachment F ZA 01 -124 Page 17 Addendum N Lorrie Fletcher (Herrick) From: Dan Fink [DanF @cookchildrens.org] Sent: Tuesday, March 05, 2002 4:50 PM To: Ifletcher @cityofsouthlake.com Subject: Ms. Fletcher - Please forward the following letter to all 7 Commissioners. Thank Ms. Fletcher - Please forward the following letter to all 7 Commissioners. Thank you. Dear Commissioners, 1 am perplexed about the following issues coming before our Planning and Zoning Commission on March 7. First, I am very concerned about Veranda's proposal to turn Remington into a hospital -style nursing home. Southlake approved Remington in 1998 as a low density community (201 units), including 111 independent - living residences for our senior citizens and parents. Yet Veranda's new proposal almost doubles the density (365 units) and has over 80% of the facility designed for hospital -type assisted /nursing care rooms. I don't understand how this fits within Southlake master plans! Their land was Master Planned for low- density residential development. This was the original intent of Remington for our community, which I still support. The second issue is the consideration of the Very High - Density Housing Ordinance 480 -MM (Planned Residential Neighborhood). Acceptance of this ordiance stands to triple the population density, will most certainly create greater school crowding, and, in my understanding, violates the City Charter. Why is this even under consideration? Sincerely, Daniel L. Fink 603 Llano Court Southlake, Texas 76092 RECD MAR Q 5 2002 Case No. Attachment F ZA 01 -124 Page 18 Addendum O Lorrie Fletcher (Herrick) From: Mike Trader [mtrader @brantscompany.com] Sent: Tuesday, March 05, 2002 5:32 PM To: Ifletcher @cityofsouthlake.com Subject: Forward to Commissioners Dear Commissioner, I am very concerned about a couple of issues that are on your immediate radar screen. My family and I moved to Southlake for many reasons but, two of the biggest reasons were the schools and the fact that we were comfortable that we would not see apartments or condos popping up all around us lending to all the traffic, crime, crowding in the schools ect. that accompanies such development. Based on what I am hearing about the changes Veranda is proposing with Remington and with the change to Housing Ordinance 480 -MM this would require, I am feeling that sense of security evaporating. I sense a feeling of terror and anger. Terror that what we wanted away from and paid a premium to get away from is going to sneak right in under us do to greed and political pressure and anger that you would allow such a change to occur under your watch when you know many residents moved to Southlake with the same impressions and expectations that I did. You've heard of the "ole bait and switch ", that is what you are potentially creating here. Please keep Southlake what so many of us moved here expecting it to be in the future by preventing these proposed changes. Thank you. Michael E. Trader 2701 Derby Ct. Southlake, TX 76092 Home: 817 251 -0182 The Brants Company, Inc. (817) 339 -3128 Case No. ZA 01 -124 RECD MAR 0 6 2002 Attachment F Page 19 Addendum P Lorrie Fletcher (Herrick) From: Michael Oleson [msoleson @att.net] Sent: Tuesday, March 05, 2002 10:35 PM To: lfletcher @cityol'southlake.com Subject: Senior Citizen Residence Please forward to the zoning commissioners. We are adamantly against the proposal before the P &Z Commission regarding the modification of the planned senior citizen residence. This appears to be a much larger project than was originally proposed. Please do not support this as currently submitted. Michael and Lisa Oleson 1205 Lansdowne Ct. REUD- MAR 0 6 2002 Case No. Attachment F ZA 01 -124 Page 20 Addendum Q Lorrie Fletcher (Herrick) From: JTBrankin @aol.com Sent: Wednesday, March 06, 2002 11:06 AM To: Ifletcher @cityofsouthlake.com Subject: Fwd: Remington Retirement Community Please forward to P &Z and CC, per Mr. Lyda's request. His concerns mirror what I've heard, in general, concerning Remington.... that senior care is needed, this proposal looks attractive in many ways, but the density is troublesome to some. Andrea Brankin SPIN #15 431 -4108 Andrea Brankin Thanks for updating me on Remington. I have been booked for a program at a school this Thursday night, so will be unable to attend P &Z meeting. I do have some opinion on Remington. for sure, the density is too high. It is my observation that as density increases, the neighborhood deteriorates. Southlake has such at unique opportunity at this stage in its development to maintain its very high quality of pleasant living . Based on what I have seen elsewhere, Remington's plan would be destructive to our lifestyle in Southlake; furthermore, it would be destructive to property values for our residents who live nearby. I am not opposed to some accommodation for our older residents who need extra -care living facilities, IF such accommodations provide enhancing conditions to our loved ones as they, and then we, grow older. Perhaps the NW corner of 1709 and 1938 could be used for an older -care facility; but not according to Remington's current plan. Thanks for your gratis service to SPIN and to our Southlake. Please relay my sentiments to P &Z and to the Council that they and we have the opportunity to maintain and improve the high quality of life that has been bequeathed to us by our predecessors. If we give way to proposals such as Remington's which seeks a monetary profit at the expense of lifestyle, then we all shall reap a less happy future. Hap Lyda RECD MAR 0 0 2002 Case No. Attachment F ZA 01 -124 Page 21 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -275a 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 TRACTS 4F, 4F1, 5A1B, 6A1, AND A PORTION OF TRACT 6B SITUATED IN THE JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING APPROXIMATELY 22.558 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "S -P -2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE FACILITY, AND (SENIOR) MULTI - FAMILY RESIDENTIAL USES TO 66 S -P- 2" GENERALIZED SITE PLAN DISTRICT TO INCLUDE PERSONAL CARE FACILITY, NURSING CARE FACILITY, AND (SENIOR) MULTI - FAMILY RESIDENTIAL AND (SENIOR) TWO - FAMILY RESIDENTIAL USES 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 WHEREAS, the hereinafter described property is currently zoned as "S -P -2" Generalized Site Case No. ZA01 -124 Attachment G Page 1 Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses 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 ofthe 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 G ZA01 -124 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 Tracts 4F, 4F 1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres, and more fully and completely described in Exhibit "A" attached hereto and incorporated herein, Case No. Attachment G ZA01 -124 Page 3 from "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi - family residential uses to "S -P -2" Generalized Site Plan District to include personal care facility, nursing care facility, and (senior) multi- family residential and (senior) two - family residential uses as depicted on the approved Concept Plan attached hereto and incorporating herein as Exhibit `B" and subject to the specific conditions established in the motion of the City Council and attached hereto and incorporated herein as Exhibit "C." 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 appropriate use of Case No. Attachment G ZA01 -124 Page 4 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. SECTION 9. Case No. Attachment G ZA01 -124 Page 5 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 ten (10) 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 frill force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of 1 2002. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: CITY SECRETARY Case No. Attachment G ZA01 -124 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA01 -124 Attachment G Page 7 EXHIBIT "A" Being Tracts 41 4F 1, 5A1B, 6A1, and a portion of Tract 6B situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 22.558 acres. STATE OF TEXAS COUNTY OF TARRANT PRDP'F.RTY DE,SCf- 3PTION BEING A 22.57 ACRE tract of land located in the JESSE G. ALLEN SURVEY, Alistrlct No. 18, Tarrattl. County, Texus, and being that certain tract oflartcl as conveyed to Lifestyles, Inc. A Texas Corporation by deed recorded in Volutne 13169, Pagc 0113, +lul in Voiurne 1331:), Pagc 0504, ofthe Deed Records of Tarrant County, said 22,57 lrcre tract of land being more pitrticularly described by lnctes and bounds m follows: BEGINNING at a 1 /2" iron rod t'ound in the south line orF,M, 1709 (West Soltthlalce Boulevard); said point a so being the N.E. confer of Lot 1, Block 1 Slayton Addition as recorded in Cabinet "A Slide 1826, RR.T,C,T. THENCE N 89 °54X25" E, 13.46 feet to a 1 /7" iron rod found s being citu,'ttcd lit the bcginning of lj CLIVVC to the 10 TH1:NC'E An arc longth of 41)11.54 feet to a curve to the left, with a Contra] Angle of 23'21'00 ", a radius of 1004.93 feet, a tangent length of 2()7.65 feet, and a long chord wllicll bears N 78" 13'57" E, 406.72 feet; THENCE. N 61"07' E 30.47 feet to a 11 1 2" iron rod found, THENCE,: N 66"0515" E, 11.13 feet to a lit" iron rod found; T11L,N('E S Oo"o 1'06" E, 889.81 feet to a point, "Cl IP.NCE S t39 E. 330.76 f=1 fu a point; THENCE S {)1° 10'02" E, 469.80 feet to a point; THENCE S 88 0 47'36" E, continuing atattg said north line, 84.63 feet to a 1/2" iron rocs found, belle being sltuatcd at the nolthcast corner or5aid Joseph Mortttravi tract; THENCE S 00 °22'49' W, Colltinuin,g along Said cast dine of said Joseph Vlortazavt tract, 502.Su feat to a 1/2" iron rod round, THENCE: N 89 0 56' 4 5" W, 218.82 rcct to a 112" iron rod refund sane being sltuatcd at the nortliewit corner of a tract or land described in decd to Patricia Ann %jlley in Volume 9866, Pare 1403, D.R.T.C.T.; THENCE N 89 W, :along the north line of said Bailey tract, 158.43 Nct to a I /2" iron roj found; 1'l IENCE N 013 "U4`35" W, 5 10,5 3 feet to a 1 /2" iron rud found; Case No. ZA01 -124 Attachment G Page 8 '1'llE.NC'E N 88 0 4? "3I," W, 193.04 feet to a 112" iron rod found, THE?N'CYE S OV01'06" E, 184,10 feet to a :12" itan rocl fOLInd THENCE S 89 0 59'49" W, 299.92 feet to a 1 /2" iron rod found; TI IENCE NORTH, I439.03 feet to a 1i2" iron rod found in the south line of the aforesaid F.M. 1.709 (West Southlakc Boulevard); siiid point being the POINT OF BUGiNNING, containing 22.57 aeres of land (983,134 square feet) of Iand, Case No. ZA01 -124 Attachment G Page 9 CA o ~' o N CA A 0 n Q � f9 � WHO U}M &11 `�1 141 M1 O � F l H cd .+1 N E � 11J Qy y c � � II I CC6S O .i fqi YF. A MW 1.OT #1 .. R CONGREGATE ��usm SSStc M'. � N f p SITE DATA SUMMARY aysmkr]aramuY lul Wsptw gJy imw pa. tlP.N Vwwr+9lm.oJ e REMINGTDN Aomd 7gci� Io.uJOYIM14iSmmPlea �pmr, a9muw. rmm,n,>�° ���wae�o PuNk/FmILFi�Wk co mmuNrry °m'° s . ` wreiia mmew' 99F 0 OWEN WOOD DRWEADDMON 10111l4PP➢liP QfYPAPa,�.ISL Pmmmaef5lmIDrcye YPW.FEFXf ' O�a,r Y J5]a'o.n ¢P,m�te st, Pi +m� ss ^. s pmmy F.mTlm G+o9m�D5w°ml lkwe. slm .. *. F[ _ U�nv. a "m SJr m SdLAIVPPJ114P14, 9EId9 R91W�UNAWLTWHJC Ia]lIP1AT0 WF1J016 TIIPIq {pdOP6AIIAt.➢PH7ChAII PNdyP115(INIY C/6YMQIlT�N049P'GGJY:PNIISf1.Vm �aJf 10LLW61al@mH fLQIf1NbP.V ®IY�ClIW.dM1D) pt[1q'p]p.EflBly� ONNFL 1ptQa�pfyryypaylsa 90l[I16A�Lp, 1�0PIffiI�YP6a 61R19.IA MIaN 5 miva�vvge 5IM450aa 4]S Wi�.. �Nne�ffm aerMvm R P]6 0 fi alma Mmin OnefNGllu. 'rvrutySouy]>ww6lrc �°svmn mtleShcgi sse[upe ,�u'Ime saEn]f lute ° I my w _ v�w�as7�nw lv Ua xnlurY N�IYOafb VwxrN�wru Hence- Ia ;Mi19. �4- 3a1A9B59. _ _ F..aIm IIWtlFy HNU (Nm�na. UV na Uelu FAmYy -IAq k -r, AVZ�nx) hll147,'EZ76ttlP 9199atou P.P>; 91A.EPI GCPP ➢SPPltiPP4 YPfd1UN�6[N®OIH[SI1gi ]910AETF6V YOM wncpo DaLL1J�Tl9.18P ®15911 PdY @79dG14fL6 F �y�Sy_ CAIRL 'ILN.41tLP®lY ®OP.f1GV nBPOpd]Pb p31�WY�RIIId'Im 10. j°. bu r.mSir eew..la.p NNUUmS eT ""i r 1 i lrvklrick!I ISVnkm MW�ple aWx Soelmum lwtsmel - IH1e ((glary FC wp I Nmv19F- ar]d]eaJ05y Mvaa F41/9959RAVyegl lchpiMral Lh9.rp mIPSE &s FCIPPOSaFC Ei l9W .r.95ow lPW fq 519W- �/. R4 NO®llPIORAYUfI➢JSTd YPIW Plpolauf3l PA1f 6111diiFW1 'A L[10 �-� — 51WUJ Id115e5umaeetlN CONCEPT PLAN i — u Fvmlha 1pe,sgti�r — ` rmm. scALF ' r — w -01 L b -L Z vrc m m a� e9aaor,emmaw9m,rcm, a� mrcm w „wF J,a swl O � F l H cd .+1 N E � 11J Qy y c � � II I CC6S O .i EXHIBIT "C" This page reserved for City Council motion Case No. Attachment G ZA01 -124 Page 11