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Item 6C13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT July 27, 2011 CASE NO: ZA11 -015 PROJECT: Zoning Change and Concept /Development Plan for East Haven Addition EXECUTIVE SUMMARY: On behalf of 809 Partners, Baird, Hampton and Brown, Inc. is requesting approval of a zoning change and concept /development plan from R -PUD Residential Planned Unit Development District to R -PUD Residential Planned Unit Development District and SF- 2 Single Family Residential District on approximately 5.421 acres described as Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, and Lot 1 R, Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 1170, 1166, 1160, 1150 and 1140 Haven Circle and 1021 East Continental Boulevard, Southlake, Texas, respectively. SPIN #9 REQUEST: The applicant is requesting approval of a zoning change and concept /development plan from R -PUD Residential Planned Unit Development District to R -PUD Residential Planned Unit Development District and SF -2 Single Family Residential District to remove Lot 1 R, Block 2, East Haven Addition from the existing East Haven Residential Planned Unit Development and to rezone that lot to SF -2 Single Family Residential District. The base zoning in the existing R -PUD is SF -20A Single Family Residential. The applicant is requesting the zoning change to SF -2 to have more flexibility with regard to the size of accessory structures and the permitted accessory uses. The current R -PUD zoning allows the sum total of all accessory buildings to be a maximum of 600 square feet. The SF -2 zoning district allows the sum total of all accessory buildings to be up to 3% of the lot area, which in this case is approximately 4,024 square feet. The minimum lot size allowed in the SF -2 district is two acres. The lot proposed to be rezoned to SF -2 is approximately 3.097 acres. The proposed removal of one lot from the East Haven R -PUD requires approval of a development plan showing the revised R -PUD boundary. No changes are proposed to the existing R -PUD regulations or lot boundaries. The revised development plan shows a gross density of 1.71 dwelling units per acre, which complies with the 1.80 maximum density allowed in Section 30.5 of Zoning Ordinance No. 480, as amended, for R- PUDs. With the removal of the approximately three acre lot from the R -PUD, the open space percentage increases from 3.7% to 8.8 %. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2 nd reading approval of a zoning change and concept /development plan ATTACHMENTS: (A) Background Information (B) Vicinity Map Case No. ZA11 -015 (C) SPIN meeting report dated May 23, 2011 (D) Plans and Support Information — Link to PowerPoint (E) Concept Plan Review Summary No. 2 dated May 31, 2011 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480 -555a (H) Ordinance No. 480 -606 (1) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817) 748 -8072 Richard Schell (817) 748 -8602 Case No. ZA11 -015 BACKGROUND INFORMATION OWNER: 809 Partners, LP APPLICANT: Baird, Hampton and Brown, Inc. a Ws] U =I:4 VA6111 OWN 1115@01 1 ■:31R'1 LEGAL DESCRIPTION: Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, and Lot 1 R, Block 2, East Haven Addition LAND USE CATEGORY: Medium Density Residential and 100 -Year Flood Plain CURRENT ZONING: R -PUD Residential Planned Unit Development District REQUESTED ZONING: R -PUD Residential Planned Unit Development District and SF -2 Single Family Residential District HISTORY: - An amended plat (ZA07 -059) for Lots 1R-15R and 17R-21R, East Haven Addition was filed December 3, 2007. - A zoning change and development plan from "AG" Agricultural District and "I- 1" Light Industrial District to "R -PUD" Residential Planned Unit Development District was approved by City Council on June 17, 2008. - A plat revision (ZA08 -073) for Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, and Lots 1 and 2, Block 2, East Haven Addition was filed January 28, 2010. -An amended plat for Lot 1 R, Block 2, East Haven Addition was filed February 6, 2011. CITIZEN INPUT: A SPIN meeting was held on May 23, 2011. A summary of the meeting can be found in attachment C of this report. �0811k 11:1 Wet: /=+Z13OOR PLAN: The underlying land use designation is Medium Density Residential. The request to change the zoning to SF -2 Single Family Residential District is consistent with this land use designation. TRANSPORTATION ASSESSMENT: The Master Thoroughfare Plan recommends E. Continental Boulevard to be a 2 -lane, undivided collector street with 84 feet of right of way. Adequate right of way was dedicated for this roadway during the platting process for Lot 1 R, Block 2. PATHWAYS MASTER PLAN: An on- street bikeway is planned for E. Continental Blvd. A five foot sidewalk exists along the south side of E. Continental Blvd. and a six foot sidewalk exists along the north side of E. Continental Blvd. WATER & SEWER: The approximately three acre lot proposed to be rezoned to SF -2 is serviced by a 12 -inch water line that exists along the north side of E. Continental Blvd. and by an 8 -inch sewer line that exists along the north side of E. Continental Blvd. The remaining lots in the R -PUD are serviced by an 8 -inch water line and an 8 -inch sewer line in Haven Circle. TREE PRESERVATION: All existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and Case No. Attachment A ZA11 -015 Page 1 construction of the development. PLANNING AND ZONING COMMISSION ACTION: June 9, 2011; Approved (4 -0) subject to Concept Plan Review Summary No. 2 dated May 31, 2011. CITY COUNCIL ACTION: June 21, 2011; Approved at first reading (6 -0) pursuant to Concept Plan Review Summary No. 2 dated May 31, 2011. STAFF COMMENTS: Concept Plan Review Summary No. 2 dated May 31, 2011 is attached. Case No. Attachment A ZA11 -015 Page 1 Vicinity Map East Haven Addition E CONTINENTAL BLVD ZA11 -015 Zoning Change & Concept Plan /Development Plan 1170 1166 1160 1150 & 1140 Haven Cir. N and 1021 E. Continental Blvd. 0 35 0 700 1,400 J Feet Case No. ZA11 -015 Attachment B Page 1 Qj SOUTHLAItE SPIN MEETING REPORT CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION ZA11 -015 1021 E Continental — East Haven SPIN # 9 May 23, 2011; 6 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Ten (10) • SPIN REPRESENTATIVE(S) PRESENT: Ray Tremain ( #9) • APPLICANT(S) PRESENTING: Ottis Lee wl Baird, Hampton and Brown, Inc. • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Richard Schell, Planner II, (817)748 -8602; rschell@ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 841 S. White Chapel Blvd. Development Details The applicant is requesting approval of a zoning change and concept/development plan from "R -PUD" Residential Planned Unit Development District to "R -PUD" Residential Planned Unit Development District and "SF -2" Single Family Residential District in order to remove Lot 1 R, Block 2, East Haven Addition from the existing East Haven Residential Planned Unit Development and to rezone that lot to "SF -2" Single Family Residential District. The base zoning in the existing R -PUD is "SF -20A" Single Family Residential. The applicant is requesting the zoning change to "SF -2" to have more flexibility with regard to the size of accessory structures and the permitted accessory uses. The minimum lot size allowed in the SF -2 district is two acres. The lot proposed to be rezoned to SF -2 is approximately 3.097 acres. The proposed removal of one lot from the East Haven R -PUD requires approval of a development plan showing the revised R- PUD boundary No changes are proposed to the existing R -PUD regulations or lot boundaries. The revised development plan shows a gross density of 1.71 dwelling units per acre, which complies with the 1.80 maximum density allowed in Section 30.5 of Zoning Ordinance No. 480, as amended, for R -PUDs. With the removal of the approximately three acre lot from the R -PUD, the open space percentage increases from 3.7% to 8.8 %. Case No. Attachment C ZA11 -015 Page 1 QUESTIONS ICONCERNS • Are horses allowed? o Yes, the SF -2 zoning district allows for one 500 -pound animal per 15,000 square feet of grazable land. • Will the owner have any ties to East Haven? o Probably does not want to join the East Haven H.O.A.. • 1 am concerned with the additional buildings shown on the plan. What will they be used for? o The zoning allows for single -out buildings up to 3,600 square feet. This concept plan is just a sample. The plan has not been formalized yet. • SF -2 is a broad category; I am concerned about the possible uses. • Is this the only zoning that would get the owner what they want? o The intention is to add value to the property. As SF -2, they will not be able to subdivide it; they just want to build a large home. • But the zoning doesn't have to change to build this house? o That is correct but he wants to prevent multiple lots. • 1 am opposed to this SF -2 zoning. • Are there any restrictions on the out - buildings? o The use will have to comply with the zoning district. • Can this be a multiple dwelling? o No • The surrounding area is all custom homes. I am concerned that the use will generate noise, odor, etc. • Does the owner have to decide the use of the out - building during the zoning approval process? o No, as long as it is not commercial and complies with the zoning district. The same is true for any residential property. • Does he plan to build this immediately? o This plan is just an example; we are required to show a concept plan and tree conservation plan with the application. I'm not sure how soon he will build. • Bosworth was not forthcoming. We have been deceived in the past which causes us to have trust issues. o This example is just showing the maximum possibility. The setbacks are actually greater in SF -2. It is more valuable to the owner to have one large single lot with large setbacks and lower floor area. • We moved here because of the city ordinances and high quality. We want to ensure we are not affected by this. We are just worried about what they can do with that building. Case No. Attachment C ZA11 -015 Page 2 What about fences? o There is an existing fence on the west; a fence will be built on the east; and probably wrought iron along the drainage area. • Is that area buildable? o No, they cannot build in the drainage easement. 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 C ZA11 -015 Page 3 D� j N j ((1 j o z V, 0 D .•r al n S m (p .•r ZONMl6 � RRN ME�xJN C,]—!7 =pRRx v R►IID � �` �GlJY'l6�L MRYIYM 0Ex9mf R[llMamAl r fa. rx 11J.0 I'll / j "'�" � E. CO NENTAL BO1JlEVAR� ,• •. � _ _ — __ __ ._- - - 3 tlW'Ik e9's'�e usT ZSxi SCRElN101➢fE IR � I 16R I � 25 I r I xA113, bx _ R I 4 I 4 m_ � peauCMlul f � I I I �1.1�Lr,? I I � I fj 1 I ppgx N'AS:C I � -:. M .... � I I { 9 1 NO .zBq 70R SR I � +,1 11 t'ac� I I ZONRip.pP1R) �r�mon.�N ll I 1 II xxvcozexnrn.ert 3 <5 r SF -2 f mlgTx fA'DAIG / Ei3T OT2.. oamov �\ fbP,lllP Fwsr 'NFSf ICE _ 66' oauxry cl._: aw+ro. Ilrwn}tip�T pa3t zawxa =ewv w.ra = NEPONI,IiNYIiY Re3e�cemiu. O NROPM 6' 11t57� t� F'1PC Ao 'Artxaxl RiR rullm wrc _ --- ---- --- ___ --- ____ 1 xexurd � � A �u�v.. N ®NR nEnsRa E71lIAL I � J r I` 1 s � i I r I I 1 J / I f xoxmc _ Rrua L V �.= ME�IVM ppY9RY RESR?ENTIAL f t KOx • mrtE 4 CRfEf LAND USE SUMMARY DATA eaa F I - I GROSS ACREAGE 2.342 AM I IiAle11 MGl1'I I , I I 412.342 Ac. 1/3.079 Ac. RIMIDENT'IALD1=IxISITY 1.71 /AO. 0.3:3 /AC. PARK LOT NO. / AREA 1 /8,964 S.R. 0/O PARK PERCENT 8.8% 0% NEI' AREA r, L_ 3.079 AC. AVERAGE LOT SIZE 23.586 S.F. 3.079 AC. FKI$TINO ZONING RPUD I I PROPOSED ZONING p- ',5�SFl I I MED. DENSITY RES. MED. DENSITY RES. I L__a { IE.s, x,s�rex ragnox - Jj I I [maw d.F 7 I I _ - I xn.fi "mac zawxa =ewv w.ra = NEPONI,IiNYIiY Re3e�cemiu. O NROPM 6' 11t57� t� F'1PC Ao 'Artxaxl RiR rullm wrc _ --- ---- --- ___ --- ____ 1 xexurd � � A �u�v.. N ®NR nEnsRa E71lIAL I � J r I` 1 s � i I r I I 1 J / I f xoxmc _ Rrua L V �.= ME�IVM ppY9RY RESR?ENTIAL f t KOx • mrtE 4 CRfEf LAND USE SUMMARY DATA RPUD SF-2 GROSS ACREAGE 2.342 AM 9.079 AC. RESIDENTIAL LOT N0. / AREA 412.342 Ac. 1/3.079 Ac. RIMIDENT'IALD1=IxISITY 1.71 /AO. 0.3:3 /AC. PARK LOT NO. / AREA 1 /8,964 S.R. 0/O PARK PERCENT 8.8% 0% NEI' AREA 2.145 Ac. 3.079 AC. AVERAGE LOT SIZE 23.586 S.F. 3.079 AC. FKI$TINO ZONING RPUD RPUD PROPOSED ZONING RPUD SP-2 LAND USE DESIGNAnON MED. DENSITY RES. MED. DENSITY RES. n z n m v m m r m z D z V r ' Z N Z ' N C Z D Z _L C) D� j N j (D o z � o D m S >v (D C4 � (D '* mM0 U.U.O. u MLONM oovewrt - i� � , ke]oemilAU W.A.MGdUMOdWSY �] E. C4NTINFNTAL BOULEVARD n rr n�,rr,nr arei tnr .v .: � t � - - -- - - -' -- oae-- � I '� I r. P• Ca F• F 91 mFrinE =71PIA `u 4 t eknw IL 4 4 w 4 " O a , lrau I , z Eil II t.. a LY.Q,=f90TEMN I OZ6XMI0 +�Ia gyvs. � y ` PUnou p.wQy I � I II E 11 r. '.9•N.o�°�• . i I y \4n ww_- ]ilT 31Rt� �@ kW1 � � - •p1 ��,1 .P F�t1 / � N9RYk: �S�wY GRT MIESl ��+ �'9 ' TFl —I "tr un Ur Flu llEnlrA 1 CdCN1 rwmri;y�ee FFST �'. 1001¢L �.'' gym, 1 L__J I � I I wlkRl -r w IUox t F ,'4�, IuCx 2]0.1 2O EUA - " it sS SfltUN�' oek]wRr LEGEND PRESERVED TREES MARGINAL TREES REMOVED TREES t .Al u T u M L n PI M m Nv CONCEPT PLAN REVIEW SUMMARY Case No.: ZA11 -015 Review No.: Two Project Name: Concept Plan - East Haven Addition Date of Review: 5/31/11 APPLICANT: Ottis Lee, III, P.E. Baird, Hampton & Brown, Inc. 6300 Ridglea Place, Suite 700 Fort Worth, TX 76116 Phone: (817) 338 -1277 E -mail: olee(o OWNER: Wade Conley 809 Partners, L.P. P.O. Box 142826 Irving, TX 75014 Phone: E -mail: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 5/25/11 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 types of surfacing (i.e., asphalt, concrete, brick, turfing or gravel) to be used at various locations. 2. Show and label all fire hydrants in close proximity to the proposed SF -2 lot. Tree Conservation /Landscape Review Keith Martin Landscape Administrator Phone: (817) 748 -8229 E -mail: kmartin @ci.southlake.tx.us 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. Informational Comments All lighting must comply with the Lighting Ordinance No. 693, as amended. All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a fully corrected concept 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. Case No. Attachment E ZA11 -015 Page 1 Denotes Informational Comment Case No. Attachment E ZA11 -015 Page 2 SURROUNDING PROPERTY OWNERS East Haven Addition SPO # Owner Zoning 39 38 Response 1. Jefferson Bank MH 40 0.22 NR 37 36 MH Medium Density Residential 0.16 F 3. Bosworth Farms II Lp 35 Medium Density Residential 24 15 14 1 Jefferson Bank MH Medium Density Residential 26 F 5. Marlen, James R MH Medium Density Residential 25 NR 6. Schulte, Mark A 2 42 0.24 U 7. 23 13 12 Medium Density Residential 0.49 NR 8. Mooney, Stephanie J & Terry D RPUD Medium Density Residential 0.47 43 9. Jefferson Bank MH Medium Density Residential 0.24 3 10. Bosworth Farms II Lp MH Medium Density Residential 22 16 11 4 Jefferson Bank MH Medium Density Residential 0.24 NR 12. Bosworth Farms II Lp MH Medium Density Residential 34 NR 21 17 10 5 Medium Density Residential 0.24 NR 20 18 9 6 33 7 19 8 32 44 31 29 30 27 28 SPO # Owner Zoning Land Use Acreage Response 1. Jefferson Bank MH Medium Density Residential 0.22 NR 2. Jefferson Bank MH Medium Density Residential 0.16 F 3. Bosworth Farms II Lp MH Medium Density Residential 0.22 NR 4. Jefferson Bank MH Medium Density Residential 0.17 F 5. Marlen, James R MH Medium Density Residential 0.23 NR 6. Schulte, Mark A MH Medium Density Residential 0.24 U 7. Bosworth Farms II Lp RPUD Medium Density Residential 0.49 NR 8. Mooney, Stephanie J & Terry D RPUD Medium Density Residential 0.47 NR 9. Jefferson Bank MH Medium Density Residential 0.24 NR 10. Bosworth Farms II Lp MH Medium Density Residential 0.21 NR 11. Jefferson Bank MH Medium Density Residential 0.24 NR 12. Bosworth Farms II Lp MH Medium Density Residential 0.23 NR 13. Bosworth, Marcel MH Medium Density Residential 0.24 NR Case No. Attachment F ZA11 -015 Page 1 14. Bosworth Farms II Lp MH Medium Density Residential 0.19 NR 15. Jefferson Bank MH Medium Density Residential 0.18 F 16. Keller, Bill Etux Myrna MH Medium Density Residential 0.25 NR 17. Jefferson Bank MH Medium Density Residential 0.19 NR 18. Jefferson Bank MH Medium Density Residential 0.22 NR 19. 100 -Year Flood Plain, Medium NR Jefferson Bank RPUD Density Residential 0.47 20. 100 -Year Flood Plain, Medium NR Bosworth Farms II Lp RPUD Density Residential 0.21 21. 100 -Year Flood Plain, Public NR Southlake, City Of 11 Park /Open Space 0.24 22. 100 -Year Flood Plain, Public NR Southlake, City Of 11 Park /Open Space 0.25 23. 100 -Year Flood Plain, Public NR Southlake, City Of 11 Park /Open Space 0.20 24. 100 -Year Flood Plain, Public NR Southlake, City Of 11 Park /Open Space 0.28 25. Bosworth, Marcel Edward SF1 -A Medium Density Residential 0.90 NR 26. Medium Density Residential, NR Timarron Owners Assn Inc RPUD 100 -Year Flood Plain 5.90 27. 100 -Year Flood Plain, Medium NR Timarron Golf Club Inc RPUD Density Residential 3.62 28. Raines, Julian P Etux Claudia RPUD Medium Density Residential 0.93 NR 29. Buthman, Mark Etux Tammy RPUD Medium Density Residential 0.88 NR 30. Musser, Bradley Etux Jane NR R RPUD Medium Density Residential 0.35 31. Ahmed, Amir Etux Darlene NR Parke RPUD Medium Density Residential 0.47 32. Wilson, Michael S Etux Trish RPUD Medium Density Residential 0.61 NR 33. Zenuk, Mark & Charlene RPUD Medium Density Residential 0.82 F 34. Madden, Kip S Etux Paula RPUD Medium Density Residential 1.57 NR 35. Herring, Mary L RPUD Medium Density Residential 0.65 NR 36. Broadway, Al E Etux Mary R RPUD Medium Density Residential 0.39 NR 37. Morrice, Bruce E Etux RPUD Medium Density Residential 0.43 NR 38. Shiminski, Kyle Etux Juliana NR M RPUD Medium Density Residential 0.52 39. Wong, Bonita Pan Hing RPUD Medium Density Residential 0.44 NR 40. Moser, Stephen B Etux Katie NR A RPUD Medium Density Residential 0.53 41. Timarron Owners Assn Inc RPUD Medium Density Residential 0.40 NR 42. Bosworth Farms II Lp RPUD Medium Density Residential 1.51 NR 43. Bosworth Farms II Lp RPUD Medium Density Residential 1.45 NR 44. Bosworth Farms II Lp RPUD Medium Density Residential 0.55 NR Responses: Case No. ZA11 -015 F: In Favor O: Opposed To U: Undecided NR: No Response Attachment F Page 2 Notices Sent: Forty -four (44) Responses Received: Three (3) - Attached Case No. Attachment F ZA11 -015 Page 3 06/02/2011 14:39 FAX 972 818 3877 JEFFERSON BANK Notification Response Farm ZA11 - 015 Meeting Date: June 9, 2011 at 6:30 PM Jefferson Bank 18333 Preston Rd Ste 100 Dallas 7x, 75252 10603 19R Q001 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. - Being t- _ ._._ er(s) of the property so noted: above, are hereby in favor of opposed to undecided about (circle or un one) the proposed Zoning Change and Concept Plan refer 3need above. Space for comments regarding your position: Z-4 - b ,5 R -- V R - 1. ` J� 1 I _ t1 �dX�a Signature:►�'Date: -' Additional Signature: pate; Printed Name(s): —w 54; 4 V, cam 9.0 & A Must be property owner(s) whose nonre(s) are printed at top. Otherwise contract the Planning Department- One form per properly. Phone Number (optional): ` 38 . 9 S 3 r Case No. Attachment F ZA11 -015 Page 4 Notification Response Form ZA11 -015 Meeting Date: June 9, 2011 at 6:30 PM Schulte, Mark A 1200 Haven Cir South lake Tx, 76092 prig 's 10603 6R -16 10 � 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: C Qng�aT ,Z' / �JG FOR ACT 5 : i1.1 �/, go k; a R 8 'R-), 7 = I P12-0 A ?PloPo9ED 2 o JAJ-1 AJ R;4t D LD g V © 7:P40 oNW cr ON4 NGF Fog APT A, WX a tK X (40;tl f evst�a��.� ,Zn�r / /vEi C�tANCr�.. ?' 5F Z /1�.`ow5 .Foie Alon�ruc,r�,e,o�- //Sfs Hal�S'F.5 o ean� 4ACb 4ecr55o2y a14 .Iti63 A uz uSX puss TFN ; W04 W /7# 1 S7;*d er R"' . r,uT /AL 1 1""e s 3l 2 -�i 5V - -off_ l .C?�S• -- $ GaNS7�2uc�Y0� /ygT:CS. ��g foi9TeaAI �U 6.S . s,MiPAOT' v.� il�aAau.1 Ails � �c''e'� -SSa 2y a,GD6 S. o� �11,kA iN �! b� FROM W �.ST' 4 /2LE m F JjAlek. WA U - , Signature: Date: Additional Signature` Date: Printed Name(s): X44A A 8S PI ATA. Must be property owner(s) whose name(s) are printed at top. otherwise contact the F One form per property. Phone Number (optional): a 14 -'Ivo - .SS Case No. ZA11 -015 Attachment F Page 5 Notification Response Form ZA11 -015 Meeting Date: June 9, 2011 at 6:30 PM Zenuk, Mark & Charlen � 106 South a 76092 � 0� TO �. 42166C 2 12R1 R10 � ® ��� P '� r�6 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the..owne s) of the property so noted above, are hereby in favor of,- opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Date: �, f ,'�nt( Additional Signature: Printed Name(s): �.\-\c3- v�e-v, 2�Z. Must be property owner(s) whose name(s) are printed at top. Other Phone Number (optional): 9 � "-) `--f ( b - ��7l 0 Case No. ZA11 -015 Date: contact the Planning Department. One form per property. Attachment F Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -555a 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 LOTS 7R1, 8R1, 8R2, 20R1, 21 R1, BLOCK 1, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 2.342 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R- PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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 "R -PUD" Residential Case No. Attachment G ZA11 -015 Page 1 Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment G ZA11 -015 Page 2 those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument No. D210020731, Plat Records, Tarrant County, Texas, being approximately 2.342 acres, and more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District to "R -PUD" Residential Case No. Attachment G ZA11 -015 Page 3 Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following conditions: Conditions of Approval Included in Original Ordinance No. 480 -555 1. Approved first reading subject to the recommendations of the Planning and Zoning Commission; noting the applicant's agreement to enter into a developer's agreement which will entail the installation of a footbridge along Continental Boulevard within the city right -of -way subject to reimbursement by the city within that developer's agreement; subject to Development Plan Review Summary No. 5, dated April 30, 2008; and requiring developer to bring back a more detailed landscaping plan for the park by the second reading. 2. June 17, 2008; Approved second reading (7 -0) subject to the recommendations of the Planning and Zoning Commission: a. Approved subject to the Park Board review: i. Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee credits. Please contact the Community Services Department at (817) 748 -8026 for further details. Park dedication request approved by park board at their meeting as follows: A motion was made to recommend to accept the request for park, dedication fees by developing Perry Circle park land and relocating the Continental storage building as preseu ted. Motion: Goodman Second: L uidesberg Ayes: Cox, Galpin, Georgia, Goodman, Landesberg and Peebles Mays: Mills Abstention: None Vote: 6-1 Motion carried. Supplemental to the exact motion are the following provisions which were included in the presentation and discussion: that the development of the public parr land exisdug on Perry Circle to include landscapinglirrigation, paved trail, park ideatification signage, and trenches at a value of $45,000, Relocation of the Continental Storage building to a selected site in the City's Service Center at a value of approximately $40,000 to include in general dismantling the building, pouring a concrete slab, providing electrical service, replacing or repairing any damaged elements, re-assembling and painting the building, with the deveMper to boat' any costs above that estimate; HOA payment of +pater in parr area. b. and conditions set forth in Development Plan Review Summary No. 5, dated April 30, 2008. c. provide one common driveway for Lots 1 and 2; d. to ensure that Lots 22A, 22 23 24, and 25 to be dedicated as open space /parkland as shown on the development plan; e. also recognizing the applicant's willingness to explore and present Case No. Attachment G ZA11 -015 Page 4 connectivity options for the sidewalk on the east boundary to include a connection with at least a box culvert and a pedestrian bridge as well as any other options; f. granting requested variance to allow the reduction in open space to 3.7 %; g. and, requiring the applicant to submit a detailed landscape plan for the open space /parkland portion. 3. subject to Council's motion from first reading; 4. subject to the changes recommended by staff this evening on the landscape plan for the open space and park; 5. and, subject to Development Plan Review Summary No. 5, dated April 30, 2008. Conditions of Approval Added in Ordinance No. 480 -555a Reserved for conditions of approval 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, Case No. Attachment G ZA11 -015 Page 5 water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. 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 Case No. Attachment G ZA11 -015 Page 6 accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 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 21 day of June, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2011. Case No. Attachment G ZA11 -015 Page 7 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA11 -015 Page 8 EXHIBIT "A" Being described as Lots 7R1, 8R1, 8R2, 20R1, 21 R1, Block 1, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument No. D210020731, Plat Records, Tarrant County, Texas and being approximately 2.342 acres. Reserved for Metes and Bounds Description Case No. Attachment G ZA11 -015 Page 9 EXHIBIT "B" Reserved for Approved Development Plan Case No. Attachment G ZA11 -015 Page 10 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -606 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 LOT 1 R1, BLOCK 2, EAST HAVEN ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.079 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO "SF- 2" 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, WHEREAS, the hereinafter described property is currently zoned as "R -PUD" Residential Case No. Attachment H ZA11 -015 Page 1 Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment H ZA11 -015 Page 2 those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over - crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being described as Lot 1 R1, Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument No. D211037986, Plat Records, Tarrant County, Texas, being approximately 3.079 acres, and more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District to "SF -2" Single Family Residential District as Case No. Attachment H ZA11 -015 Page 3 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 commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment H ZA11 -015 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment H ZA11 -015 Page 5 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 21 day of June, 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 " d reading the day of , 2011. MAYOR ATTEST: Case No. Attachment H ZA11 -015 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: CITY SECRETARY Case No. Attachment H ZA11 -015 Page 7 EXHIBIT "A" Being described as 1 R1, Block 2, East Haven Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat filed as Instrument No. D211037986, Plat Records, Tarrant County, Texas and more fully and completely described below: STATE OF TEXAS COUNTY OF TARRANT WHEREAS WE. 809 PARTNERS, L.P., ARE THE SOLE OWNERS OF TRACT OF LAND SITUATED IN THE HOLLINGSWORTH & BARNETT SURVEY. ABSTRACT NO. 797. TARRANT COUNTY. TEXAS, AND BEING LOTS i AND 2, BLOCK 2. EAST HAVEN ADDITION. AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS. ACCORDING TO THE PLAT RECORDED IN COUNTY CLERKS NO. 0210020731. PLAT RECORDS, TARRANT COUNTY, TEXAS AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN COUNTY CLERKS NO. D210273808, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON PIN SET IN THE SOUTH R.Q.W. LINE OF E. CONTINENTAL BOULEVARD AND THE EAST LINE OF LOT 1R. EAST HAVEN ADDITION. AN ADDMON TO THE CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A. SLIDE 12327, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2. EAST HAVEN ADDITION. AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN COUNTY CLERKS NO. D210020731, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 52 MINUTES 18 SECONDS EAST 255.18 FEET ALONG SAID R.O.W. TO A CAPPED IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 1. PLUM CREEK MANOR, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY. TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -151. PAGE 17, PLAT RECORDS. TARRANT COUNTY, TEXAS; THENCE SOUTH 525.9f TEEf ALONG THE WEST LINE OF SAID LOT 1. PLUM CREEK MANOR AND THE WEST LINE OF LOTS 12R1R2 AND 12R1R1, BLOCK 2, TIMARRON ADDITION. HUNTLY MANOR PHASE 18, AN ADDITION TO THE CITY OF SOUTHLAICE, TARRANT COUNTY. TEXAS, ACCORDIN4 TO PLAT RECORDED IN CABINET A. SLIDE 9209, PLAT RECORDS. TARRANT COUNTY. TEXAS. TO A 3/4' IRON PIN FOUND FOR THE SOUTHEAST CORNER OF TRACT BUNG DESCRIBED. SAID POINT BEING THE SOUTHEAST CORNER OF LOT 2. SAID BLOCK Z. EAST HAVEN ADDITION AND AN INSIDE CORNER OF SAID LOT 12R1R1. BLOCK 2, TIMARRON ADDITION. HUNTI_Y MANOR PHASE it THENCE WEST 254.64 FEET ALONG THE NORTH{ LINE OF SAID LOT 1281 RI. BLOCK 2, TIMdARRON ADDITION. HUNTLY MANOR PHASE 18 AND LOT 7R1, BLOCK 1, EAST HAVEN ADDITION. AN ADDTION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN CDUNTY CLERKS NO. D21D020731. PLAT RECORDS. TARRANT COUNTY. TEXAS, TO A CAPPED IRON PIN SET IN THE EAST LINE OF LOT 6R, SAID EAST HAVEN ADDITION FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED AND FOR CORNER OF SAID LOT 7R1. BLOCK 1. EAST HAVEN ADDITION; THENCE NORTH 00 DEGREES 03 MINUTES 18 SECONDS WEST 526.48 FEET ALONG THE EAST LINE OF TR THROUGH 6R. SAID EAST HAVEN ADDITION TO THE POINT OF BEGINNING AND CONTAINING 3.079 ACRES OF LAND. MORE OR LESS Case No. Attachment H ZA11 -015 Page 8 EXHIBIT "B" Reserved for Approved Concept Plan Case No. Attachment H ZA11 -015 Page 9