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Item 7B13 SOUTHLAI<,,E CITY OF Department of Planning & Development Services STAFF REPORT October 24, 2011 CASE NO: ZA11 -052 PROJECT: Zoning Change and Concept Plan for Palazzo Residence EXECUTIVE SUMMARY: James and Carol Palazzo are requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -2" Single Family Residential District on property described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and currently addressed as 1931 Randol Mill Ave, Southlake, Texas. SPIN # 4 REQUEST: The applicant is requesting approval of a zoning change and concept plan from "AG" Agricultural District to "SF -2" Single Family Residential District in order to combine two existing tracts totaling approximately 4.96 acres to construct a new residence. The applicant is scheduled to go before the Zoning Board of Adjustment on October 27, 2011 to request a variance to allow the proposed barn to be located forward of the principal residence as shown on the concept plan. The existing residence shown on the plan must be removed prior to issuance of a certificate of occupancy for the new residence. Staff will provide an updated report following ZBA action as well as a revised tree conservation plan. ACTION NEEDED: Consider 1 st reading approval of a zoning change and concept plan ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information — Link to PowerPoint Revised Concept Plan Review Summary No. 1 dated October 13, 2011 Surrounding Property Owners Map and Responses Ordinance No. 480 -611 STAFF CONTACT: Dennis Killough (817) 748 -8072 Richard Schell (817) 748 -8602 Case No. ZA11 -052 BACKGROUND INFORMATION OWNER/ APPLICANT: James and Carol Palazzo PROPERTY SITUATION: 1931 N. Carroll Ave. LEGAL DESCRIPTION: Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential and 100 -Year Flood Plain CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -2" Single Family Residential District CITIZEN INPUT: The applicant opted to not hold a SPIN meeting since the earliest available date was November 7, 2011, which would have pushed the date that the case would have gone to second reading at City Council to January 3, 2012. The applicant agreed to work with the SPIN representative to contact adjacent property owners who had concerns about the proposed plans. SOUTHLAKE 2025 PLAN: The underlying land use designation is Low Density Residential and 100 - Year Flood Plain. The requested zoning is in conformance with this land use designation. PATHWAYS PLAN: An eight (8) foot multi -use trail (natural) is shown on the Pathways Plan along the western and northern property boundaries. A residential lot that is platted as a single lot of record is exempt from this requirement unless: i. ......... Sidewalks are existing on both sides of the lot; or ii. ........ The lot is located within 1,500 feet of a public or private school.and is on the same side of the street. This property is proposed as a single lot. There is no existing trail to the north or south of the property nor is there a school within 1,500 feet on the same side of the street. 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 construction of the development. PLANNING AND ZONING COMMISSION ACTION: October 20, 2011; Approved (6 -0) subject to Revised Concept Plan Review Summary No. 1 dated October 13, 2011. STAFF COMMENTS: Revised Concept Plan Review Summary No. 1 dated October 13, 2011 is attached. Case No. Attachment A ZA11 -052 Page 1 Vicinity Map Palazzo Residence �1115110_1 I r •' s � •I N W+ F: S 600 1,200 2,400 � Feet Case No. Attachment B ZA11 -052 Page 1 Aij z 0 LL 0 LL z Z Q F- a a w a z N 0 z z J a I Qn r lr a Qw- *azs E, UtI�- T1 =OL7� \ unUTTP g 2° 3' 14 Z� v�p2p.PR5S OAK —c e�� 43��� -- --!�-- $7 \ ,er \ m / a• J� � ��\ \ j WMAN P GNOR f raro aW J \ a WELL \\ FY POLE IJ� / �+• .}# M �F_, E \CLFaugiT LOt10RBLOPHASEI =W I —E J /lfj° E E —E \ ENTERS R176E - i \ —E � \ 4 `UTILITYPCLE a 1931 N. CARROLL CA - NEW PROP09ED AV s ,a note BARN a A � % 1x1111 P EGR 1� I,OT7 9�0 PHP� I \ - - -- - -_ pp r3 III LOT 19, BLOCK B i \ E TRIPLE C RANCH, PHASE I p,� R BN °HP, j P 5tte Plan ++ Gl = a1 G1 R Ea s Q �a Q O N z o T T co 0 N REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA11 -052 Review No.: One Date of Review: 10/13/11 Project Name: Site Plan — Palazzo Residence APPLICANT: James and Carol Palazzo 416 Stockton Drive Southlake. TX 76092 Phone: (817) 490 -6278 E -mail: c.palazzo @verizon.net OWNER: James and Carol Palazzo 416 Stockton Drive Southlake, TX 76092 Phone: (817) 490 -6278 E -mail: c.palazzo @verizon.net CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/13/11 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. The accessory building labeled "New Proposed Barn" will require approval of a Variance from the Zoning Board of Adjustment to be allowed in the front yard as shown on the concept plan. The applicant is scheduled to go before the Zoning Board of Adjustment on October 27, 2011. 2. Show the approximate location of the 100 and 500 year flood plain crossing the eastern boundary of the property. The 100 year storm water surface elevation boundary will need to be designated as drainage easement on any subsequent plat. Additionally, a minimum finish floor elevation 2 feet above the 100 year storm water surface elevation will be required established and shown on the plat. Any construction proposed in the flood plan may require a flood plain permit. 3. Trees preservation must be provided in accordance with the following table: Ordinance 585 -D, Section 7.2, Table 2.0 Table 2.0 — Existin Tree Cover Preservation Requirements Percentage (?/' existing= tree corer on the entire site m Minimu percentage of the existing tree corer to be preserved 0%-20% 70% 20.1-40% 60% 1 40.1%-60% 50% 60.1 % - 80% 40% 80.1% - 100% 30% 237= A R Cr]ElkI�:L1��Z�]Jih�il����� 1. Provide preliminary water, sewer, drainage and grading plans for this development. 2. A ROW permit shall be obtained from the Public Works Operations Department for connections with the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748 -8082. 3. Show the dimensions for the proposed driveway. Use the City of Southlake GPS monuments whenever possible. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if Case No. Attachment D ZA11 -052 Page 1 both storm sewer and sanitary sewer will be located within the easement. 2. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW. All waterlines in easements or ROW must be constructed to City standards. MylellIA:Kole]LyiILyiIA0111 &3 The minimum size for water lines is 8 ". The water meters must be located in an easement or right -of -way. SANITARY SEWER COMMENTS: 1. The minimum size for sanitary sewer lines is 8 ". All sanitary service lines must connect to a public sanitary system line that is built to City standards. 2. The existing sanitary sewer located in the ROW may need to be extended to the east property line. All sewer lines in easements or ROW must be constructed to City standards. DRAINAGE COMMENTS: 1. Submit a preliminary drainage plan. 2. Provide a grading plan which includes drainage arrows and 2' contours. Contours may be obtained from the City of Southlake. 3. Show the limits of the floodplain if applicable. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. INFORMATIONAL COMMENTS: Submit 2 copies of the civil construction plans (22" x 34" full size sheets) and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website. http:// www. cityofsouthlake. com/ PublicWorks /engineeringdesign.asp A Developer's Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake for a period of two years for all development projects. The Maintenance Bond cannot be tied to the Performance and Payment Bond in any way. Any hazardous waste being discharged must be pretreated, Ordinance No. 836. Informational Comments: 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. 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. The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Case No. Attachment D ZA11 -052 Page 2 SURROUNDING PROPERTY OWNERS 15 1 14 16 10 g W a J 0 17 12 v Z qs DEN GAT T 8 O 18 13 11 7 3 6 2 w 4 5 a m SPO # Owner Zoning Land Use Acreage Response 1. Current Owner SF1 -A Low Density Residential 1.10 NR 2. Low Density Residential, NR Luce, Stephen Etux George A SF1 -A 100 -Year Flood Plain 1.04 3. Phelps, Thomas Etux Carolyn Low Density Residential, O S SF1 -A 100 -Year Flood Plain 1.02 4. Low Density Residential, NR Poole, Robert Etux Rebecca SF1 -A 100 -Year Flood Plain 1.04 5. 100 -Year Flood Plain, Low NR Dang, Tom & Arlene Dang SF1 -A Density Residential 1.02 6. 100 -Year Flood Plain, Low U Patterson, James Etux Tracey SF1 -A Density Residential 1.03 7. Sloane, Loren K Etux Marina SF1 -A Low Density Residential 1.02 U 8. Means, Glenn Etux Laura SF1 -A Low Density Residential 0.96 O 9. Kane, Nancy R SF1 -A Low Density Residential 1.00 NR 10. Patel, Indravadan Etux Binita SF1 -A Low Density Residential 1.04 NR Case No. Attachment E ZA11 -052 Page 1 11. James, George Etux Tesmol SF1 -A Low Density Residential 1.00 F 12. Low Density Residential, NR Levrier,Fulgencio Jr Etux Rose SF1 -A 100 -Year Flood Plain 2.85 13. Low Density Residential, NR Levrier,Fulgencio Jr Etux Rose SF1 -A 100 -Year Flood Plain 2.21 14. Hoover, E C Etux Fran W SF1 -A Low Density Residential 2.01 NR 15. Stiborek, B J AG Low Density Residential 0.97 NR 16. 100 -Year Flood Plain, Low NR Hillman, Luther L AG Density Residential 1.23 17. 100 -Year Flood Plain, Low NR White, J P AG Density Residential 2.65 18. 100 -Year Flood Plain, Low NR White, J P AG Density Residential 2.38 Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received Eighteen (18) Five (5) — Attached NR: No Response Case No. Attachment E ZA11 -052 Page 2 Uct, 10. 1011 9:41ANI IK AKLAUIUIN Notification Response Farm ZA11 -082 MEETING DATE10 /20/2011 6:30 :00 PM James, George Etux Teemol 1211 golden Gate Dr Southlake Tx, 76092 43807 C 4 No. 4811 P. 1 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(a) 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: -�o Additional Signature: Date: lelz 'll Printed Name(s): �J , Must be property owner(s) whose n e(s) are printed at top. c`; the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA11 -052 Page 3 Notification Response Form ZA11082 MEETING DATE1b/20/2o11 9:30:00 PM Patterson, James Etux Tracey 1409 Bay Meadows Dr Southlake Tx, 76092 43807 B 17 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 aboyaare 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: z 4L Signature: Date: Additional Si na re: Date: Printed Name(s): `��'C``'���'� Must be property owner(s) whose names) are printed at top. Otherwise ntact the Planning Department. One forth per property. Phone Number (optional)? I - d XU-1 13rN3SH dH Wd94r9 110d 91 quO Case No. Attachment E ZA11 -052 Page 4 Oct.16.2011 11:23 AM The Sloanes 817 251 8107 PAGE. 1/ 2 Notification Response Form ZA11 -052 MEETING DATE10120/2011 6:30:00 PM Sloane, Loren K Etux Marina 1417 Bay Meadows Dr Southlake Tx, 76092 43807 B 18 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC NEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Date: / Additional Signature: Date: Yo - Vj Printed Name(s): Must be property owner {s) whose names) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): r -, J r gar, 7 Case No. Attachment E ZA11 -052 Page 5 From: Sent: Tuesday, October 18, 2011 11:32 AM To: rschell @ci.southlake.tx.us Subject: Property under construction as we discussed behind our home add: below Glenn D. & Laura Means (Homeowners) 1421 Bay Meadows Drive Southlake, Texas 76092 Neighborhood - Triple C Ranch - Corner of Bay Meadows Drive & Golden Gate in regard to hearing we discussed with Jim /James Palazzo & Carol Palazzo (Newly puncoased under major construction property) current address to eventually be changed now listed as: 1931 N. Carroll Avenue Southlake, Texas 76092 RE: Outstanding Issues of Concern to Us October 17, 2011 Dear Mr. Schell, City of Southlake Planner 2, City Coucil Members & City Court Members: thank Mr. Richard Schell for taking the time to speak with me last week on the phone and to further explain the current situation(s) with the newly purchased acreage directly behind our home, the regulations in place, ordinances, agricultural parcei(s), and our rights., as well as distributing this email to all parties in hearing and involved in the meetings to follow regarding these items. I recognize how valuable your time is and hope you understand that with how quickly much of this has moved ahead it has been a bit confusing. As I mentioned, my husband and I did meet with both Mr. & Mrs. Palazzo who appear to be lovely people and we do want to work with them so that they achieve their dream home. That being said, we are happily established here and also must look ahead at the future of when we do choose to sell our home, thus taking all pertinent items into consideration. As l did also mention to you I did speak with Jim Palazzo about some of my concerns, however with what we have knew and have since learned we must take a prudent stance to ensure our financial investment in our home, our current lifestyle which is naturally altered by the large trucks moving through a small driveway on what is known as part as our property as I understand it (and please do correct me if I am wrong) but the easement must be moved to the left and should not have been in the place where it has been this past five (5 years). More importantly: We have two dogs who are obviously not at all accustomed to horses. Neither take well to change of that nature, Additionally, The Palazzo's generously showed us sketches /blueprints of where the barn and house will stand and we again later discussed our concerns. The barn I am told will be placed where the current structured house /adjacent metal buildings stand, but will have an appealing look. The doors will open to the barn both North and South. Regardless, that is only 81 ft. from our back fence which to my understanding (unless I am incorrect) is not in compliance., as it it to close to my property. We adore horses as well, however with my dogs, the smell of the horses, etc.... I do not feel this is in our best interest for our lifestyle nor for resale of our home. I understand they do have a lot of approximately five acres so assume their is quite enough room to place the barn where it is not intrusive to what I have mentioned. Graciously again, Mr. Palazzo did say, he would be willing to either tree, or shrub the back fence when I spoke of a stone wall, as dogs see straight through shrubs and trees, but regardless I do believe 81 ft. is out of compliance which would therefore make it a mute point and it would then need to be placed in another area of their property and I am sure look just as beautiful. We want to be very good neighbors, however, their tree surgeons have often begun work on weekends at 7:30 am, and the disturbance of the land is killing the trees in my lot and surround lot that was put in within the past two years which is going to be quite costly. Their was not a permit posted of when this was beginning which did not give us any time to speak with our tree and landscape personnel to see what could be done to preserve the many thousands of dollars we invested in the past few years in this area. Case No. Attachment E ZA11 -052 Page 6 Again, I want to stress that the Palazzo's are lovely people and we want to work with them, however this endeavor has a major effect on us as we are directly abutted to that property. If you feel a private pre- meeting is in order on Thursday with the powers that be I am willing to attend, as my night vision is not always the best. I am reachable at 817 - 791 -5139, but would need to be contacted by Wednesday at 3:45 to reschedule other appointments. In closing I do wish to add that Jim did say that perhaps he would put up a 3 ft. stone fence and then shrubs or trees, but none of this could be decided until everything was built out. Unfortunately, that does not work for us, as without an architectural plan, along with the barn being within the proper distance of our property I do feel that it puts us in a deficit position both for our lifestyle and from a resale perspective, or at the very least a very pleasing looking seven agreed upon stone, concrete or other non see through fence that would also help (perhaps) with the smell from 2 -3 currently stated horses directly behind our home., and as a disturbance to our dogs who will then be consistently barking which will lead to another issue for us to deal with. Please do let me know if a pre- meeting would be the best idea, I believe we are all reasonable people, and it is just a question of working out the requirements and the regulations of Southlake. Very truly yours, nn Means Case No. Attachment E ZA11 -052 Page 7 Notification Response Form ZA11 -052 MEETING DATE10 /20/2011 6:30:00 PM Phelps, Thomas Etux Carolyn S 1860 Hunters Creek Dr Southlake Tx, 76092 20785 1 11 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748 -8621 Fax: (817)748 -8077 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 undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: C16 V n P7 PUS - C & 11VA JQ �e W 04) l eP P d L 10 0ju rc k (,tiAa te�`U 0 S� l' p o � la rid— d— W we" S(i 0' p( ado anal., JU G AiLy ` m L T-4- PrUe (4 nViv\ mr9�m'o 15 nog f �SfGt� �r5hee't W %Iveq_ Signature: Date: Additional Signature: o m %l'te� Date: j Q - / Printed Name(s): foma' ounlwy] 2�1�- o Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA11 -052 Page 8 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -611 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACTS 4D AND 4D1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 4.96 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL 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 "AG" Agricultural Case No. Attachment F ZA11 -052 Page 1 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 F ZA11 -052 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 Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 4.96 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -2" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B ", and subject to the following Case No. Attachment F ZA11 -052 Page 3 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. SECTION 5. Case No. Attachment F ZA11 -052 Page 4 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 ordinance or its caption and penalty together with a notice setting out the time and place for a Case No. Attachment F ZA11 -052 Page 5 public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1 st reading the day of , 2011. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the day of , 2011. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Case No. Attachment F ZA11 -052 Page 6 DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA11 -052 Page 7 EXHIBIT "A" Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and more fully and completely described below: Pl{0pa7'l jx�sc�r j oar Being a tract of land situated in the Frances Throop Survey. Aflatract Number 1511• City of Southlake, Tarrant County, Texas and being all of that certain tract of land described to Jackie Paul Wbal-e and wife, IA Fan White by instrument recorded in Volume 5179, f ege 254, Deed Recorda of Tarrant County, Texas (DRTCT), and the remainder of Haut certain tract of land described to Jaclae Paw White and ►rife, La Fon lfhite by Instrument recorded fn Volume 5811, Page 859, DUCT and all of that certain tract of land described to Bradley Joel 11wminit and wife, Ciady Hay Hain.mit by instrument recorded in Volume 7640, Page 1940, DRT'GT, said tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 -inch iron rod set with plastic cap stamped "Dowdy' at the conunon eouttiwest corner of said While tract recorded in 5179/259 and an inner eii sorrier of Lot lb, Block B. Triple C Ranch. Phase 1, an addition to the City of Southlake as recorded in Cabinet A, Slide 7971, Plat Records of Tarrant County, Texas (PRTCT). THENCE North 18'05'40" East, along the common westerly line of said White tract recorded in 5/78/251) and the easterly line of said Triple C Ranch, at distance of 232.85 feet paaaiiig a 1/2 -inch iron rod found for the common northwest corner of said White tract recorded in 5178/259 and the southwest corner of said White tract recorded in 5811/859 and continuing along the westerly line of acid White tract recorded in 5611/859 and said easterly line of Triple C Ranch at a distance of 900.45 feet passing a 5/8 -inch iron rod found for the southwest "Mer of said Hammit tract and cantruudng along the common eesterly line of said Hamrnit tract, the westerly line of said White tract recorded in 5611/659 and said easterly line of Triple C Ranch a total dihtence of 951.45 feet to a 5/8 - inch iron rod found for the common northwest corner of said Hammit tract and the northeast corner of Lot 20 in maid Block 13 of Triple C Ranch, from which ■ 1 /2 -ineb iron rod found capped "PSI" bears Nortb 00'12'38" East, a distance of 0.34 feet; THENCE South 841'55'30" East, along the common aurtlicrly line of said Hammit tract and the northerly line of said White tract recorded in 5911/859, a distance of 21.23 feet to a bola d' arc stake found at an angle point in the northerly line of said Hammit tract and said White tract recorded in 5611/859; THENCE south 55'48'00" East, continuing along said cotnmon northerly lime of the Ilarnmit tract end the White tract recorded in 5811/858, a distance of 334,BB feet to a dead 28 - ench post oak tree for the common northeast corner of said White tract recorded in 5611JB59 and an angle point in the westerly line of the certain tract of land described to Luther A. Hillman by instrument recorded in lnstrument Number D206350935, 9RTCT; THENCE South 02 West, along the common easterly lines of said White tracts recorded in 5611/650 and 5179/259 and the westerly line of said Lutlrcr tract, at a distance of 198.57 feat passing a 1/2 -inch iron rod found and continuing a total distance of 431.46 feet t0 a 5/8 -Inch iron rod with plartir cap stamped "Dowdy" set At the camrgog anirthLUbt corner of said White tract recorded in 5179/259 and the southwest corner of said Luther tract, said iron rod act being in the northerly line of Lot 11, Block t, Hunter's Ridge, an addition to the City of Southlake as recorded in Volume 388 -134, Page 18, PRTCT; THENCE South 89'39'30" West, along the common southerly line of said White tract recorded in 5178/259 and northerly line or eaid Hunter's Ridge. a distance of 283.35 feet (deed call 283.9 feet) to ■ concrete monument found for the common northwest corner of said Hunter's Ridge and the easternmost northeast corner of the aforementioned loot 16, Block B, Triple C Ranch; THENCE South 09`55'20' West, a distance of 198.37 feet ( deed call 198.8 feet) to the POINT OF BEGINNING and CONTAINING 216,060 square feet or 4.960 acres of land area of land, more or leg& NOTE; BASIS Or 6EAR1NG5 fOR ) "IS SuRVEr rROL DATA PROVIDED BY 5179/758. Case No. Attachment F ZA11 -052 Page 8 EXHIBIT "B" Reserved for approved Development Plan Case No. Attachment F ZA11 -052 Page 9