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Item 6ACITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT October 9, 2013 CASE NO: ZA13-046 PROJECT: Zoning Change and Concept Plan Union Church Estates EXECUTIVE SUMMARY: Montage Development is requesting approval of a Zoning Change and Concept Plan for Union Church Estates to develop three (3) residential lots on approximately five (5) acres. The property is described as Tracts 6132 and 6132A, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, and located at 2535 and 2565 Union Church Rd., Southlake, Texas. The current zoning is "AG" Agricultural District. The proposed zoning is "SF-1A" Single Family Residential District and "SF-2" Single Family Residential District. SPIN Neighborhood #11. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan for Union Church Estates to develop three (3) residential lots on approximately five (5) acres. SF-1A zoning is proposed for the southern two lots and SF-2 zoning is proposed for the northern lot. Access to the northern two lots is proposed to be from a cul-de-sac added to an extension of Siena Dr. The southern lot has access to Union Church Rd. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2"d reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) SPIN Report dated July 22, 2013 (D) Plans and Support Information — Link to PowerPoint Presentation (E) Concept Plan Review Summary No. 2 dated September 13, 2013 (F) Surrounding Property Owners Map and Responses (G) Ordinance No. 480-645 (H) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA13-046 BACKGROUND INFORMATION OWNER: Bob and Mary Couch APPLICANT: Montage Development PROPERTY SITUATION: 2535 and 2525 Union Church Rd. LEGAL DESCRIPTION: Tracts 6132 and 6132A, Jesse G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-1A" Single -Family Residential District and "SF-2" Single -Family Residential District HISTORY: - The property was annexed into the City in 1988 and given the "AG" Agricultural zoning designation. - The existing home on 2535 Union Church Rd. was built in 1965 (Source:TAD). SOUTHLAKE 2030 PLAN: The underlying land use designation is Medium Density Residential. The request to change the zoning to "SF-1A" Single Family Residential District and "SF-2" Single Family Residential is consistent with this land use designation. PATHWAYS MASTER PLAN: The Master Pathways Plan shows a less than 8' sidewalk along the north side of Union Church Rd. Construction of a 6' sidewalk along Union Church Rd. from the existing 6' sidewalk on the Siena subdivision to the western property line is required with this development. A 4' sidewalk is required along the entire circumference of the cul-de-sac that is proposed at the end of Siena Dr. An on - street bikeway is also planned for Union Church Rd. WATER & SEWER: The northern two lots will be served by extending the existing 8" water and sewer lines in Siena Dr. to the west property line. The southern lot will be served by extending the 12" water line in Union Church to the west property line. The City will participate in upsizing costs from an 8" water line. A 10" sewer line in Union Church will serve the southern lot. DRAINAGE COMMENTS: Separate detention ponds are shown for each lot. TREE PRESERVATION: Existing tree coverage on the site is approximately 11.98% of the total site area, so 70% of the existing tree coverage is required to be preserved. The Tree Conservation Plan shows 88.39% of existing tree coverage to be preserved. Four trees, a 22" cottonwood, an 18" eastern red cedar, a 10" cedar elm and a 10" pecan, are shown as to be removed. CITIZEN INPUT: A SPIN meeting for this development was held July 22, 2013. A report of that meeting is included as Attachment C. PLANNING AND ZONING Case No. Attachment A ZA13-046 Page 1 COMMISSION ACTION: Approved (6-0) subject to Concept Plan Review Summary No. 2 dated September 13, 2013 and the staff report dated September 19, 2013 and noting the applicant's willingness to meet with the adjacent property owners to the west regarding fencing. CITY COUNCIL ACTION: October 1, 2013; Approved on consent at 1st reading (7-0). STAFF COMMENTS: Concept Plan Review Summary No. 2 dated September 13, 2013 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. Case No. Attachment A ZA13-046 Page 2 Vicinity Map Union Church Estates 0 N � N g0O 3 29 D5 N O M 0 m 410 o M LEI 705 d 707 711 �s 23 o Z w Z 2440 2420 r J 0 O r J O o 0 0 J N N r 2445 2435 2425 23 O O O o .o 901 W O �oo Q 903 905 913 917 27 w 900 I NA D m Z 906 910 914 918 925 W v > 0 929 2505 m 0 0 0 o 0 1001 0 v o 1005 0 0 1009 2261 o 0 0 o o 2 1 2745 0 1013 U ION CHURCH 2451 2477 2499 251 Hu�u�u�u�u "ty of e, ler ZA13-046 Zoning Change & Concept Plan 2535 and 2565 Union Church Rd. N E 0 350 700 1,400 Feet s Case No. ZA13-046 Attachment B Page 1 0 SOUTHLAKE CASE NO. PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION: SPIN MEETING REPORT NIA — Formal application pending Union Church Estates SPIN # 11 July 22, 2013; 6:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Five (5) • SPIN REPRESENTATIVE(S) PRESENT: Monique Schill # 11 • APPLICANT(S) PRESENTING: Derick Murway, Montage Development • STAFF PRESENT: Lorne Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, Planner I: (817)748-8069 or Ifletcher(o)ci.southlake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 2535 & 2565 Union Church Road. Development Details • Zoning Change and Development Plan for three (3) new residential lots on five (5) acres. • Current Zoning is AG — Agricultural District and the properties are unplatted. • The Current Land Use Designation is Medium Density Residential. • Architectural style will be Hill Country Transitional Presented at SPIN: New Plan (3 Lots) Build Job Developer's Personal Home No Current Client _ Model Home iL' El SQr�gr .M Case No. Attachment C ZA13-046 Page 1 a - s 3 1 _ • ��FFFF ' l�f. • \_ I�IN Rear Elevation Concepts QUESTIONS/CONCERNS • What about the low land and existing drainage issues? o The development should help that situation with storm drains and a detention area. There is also the possibility for a water feature between the first two lots. • What about fencing? o We plan to leave the existing fencing. There is no plan to remove any trees. • Any requirements in place to ensure what we see is what will happen? o Staff discussed the zoning and platting process... • What is the square footage? o Average to be approximately 4200 square feet and priced just under $1 million. 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 ZA13-046 Page 2 Concept Plan/Preliminary Plat "1�1�Nsw - �� g rar �v✓d ' rzn 3rvnwn NV/YSl3N % 3 eces� ao�,zaess O \\ h E�wl I I/•—J /��I j 8 o�W w RIYI'� o�go I AIWati � 11 Nil �\— I --- � l I k a I IY I \ � I\ I a I I K I �� I �.e.�_F �. I I • I =3AIU(3S a�lll 4 e 1 I �a141� Y�Q" \ I Di I�9 ?I I l d _ I � g� Vela w 114Q� I I a —7— W w � o= sew 3 q O i£ 0 � i io� 1 O y�y 5i — �.Arasl M,ro,zeseN O'dOa HONIIHO NOMII 3YYN!(/p5 Sw 1ps wj ___ _ ___ 1Fb 3O/W ' V 13N/Gvj g [FbZ JOW ' V 13N/9Y0 Y I ,VSVHd XOOt76HSV I ,WSVHd X00716HSV Case No. Attachment D ZA13-046 Page 0 Case No.: ZA13-046 CONCEPT PLAN REVIEW SUMMARY Review No.: Two Project Name: Concept Plan — Union Church Estates APPLICANT: Derick Murway OWNER: Montage Development Bob and Mary Couch 101 Audry Drive 2535 Union Church Rd Phone: (817) 944-4980 E-mail: derrick@montagedevelopment.com Southlake, TX 76092 Phone: (817) 431-1010 Fax: Date of Review: 09/13/13 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/22/2013 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) 748-8072. Revise the Concept Plan/Preliminary plat to show proposed building pads, detention ponds and sidewalks. Split lot zoning is not permitted. Approval of the zoning change is subject to approval of an associated preliminary plat and final plat that meets the zoning requirements. 3. The following items will require approval by the Zoning Board of Adjustment: a. The sum total of all accessory buildings and structures must not exceed 3% of the lot area. A Special Exception Use to allow the existing home and accessory buildings to remain as accessory buildings on Lot 1 must be approved by ZBA prior to issuance of a Certificate of Occupancy for the new home. b. An SEU to allow the existing home to remain as a servants/family quarters must be approved by ZBA prior to issuance of a Certificate of Occupancy for the new home. c. A variance to allow the existing home to be located less than 20' to the property line must be approved by ZBA prior to filing of a plat. 4. Please make the following revisions to the written narrative. a. Include the requested zoning districts by lot. b. Provide language on who will be responsible for maintenance of the detention ponds. c. Revise the language regarding the existing accessory buildings that are to remain on Lot 1 to include the two Special Exception Uses (SEU) and one variance that must be approved by the Zoning Board of Adjustment (ZBA). A variance to allow the existing home to be located less than 20' to the property line must be approved by ZBA prior to filing of a plat. An SEU to allow accessory buildings greater than a size permitted and an SEU to allow the existing home to remain as a servants/family quarters must be approved by ZBA prior to issuance of a Certificate of Occupancy for the new home. 5. Please make the following changes regarding right of way: Case No. Attachment E ZA13-046 Page 1 a. The right of way for Siena Drive is 50' and the sidewalks are in the right of way. Please revise the plans to show the correct width of the paved surface for Siena Dr. and correct the location of the sidewalks. b. Show, label and dimension the full width of the right of way for Union Church from the properties to the south. The Master Thoroughfare Plan shows Union Church Rd. to be a two-lane undivided collector with 84' of right of way. Show the traveled roadway on or adjacent to the site. Dedicate right of way as required by Subdivision Ord. No. 483, as amended. 6. Show and label the width and type of surface for all pedestrian walks, malls, and open areas for use by tenants or the public. Provide sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended and the Master Pathways Plan. The Master Pathways Plan shows a <8" sidewalk along the north side of Union Church Rd. Please show and label a 6' sidewalk along Union Church Rd. from the existing 6' sidewalk on the Siena subdivision to the western property line. Show and label the 4' sidewalk that is required along the entire circumference of the cul-de-sac. If the portion of Siena Dr. west of the cul-de-sac is not to be constructed with this development, funds for the street and 4' sidewalks may be required to be escrowed. 7. Place any detention ponds shown on the concept plan in drainage easements. Drainage easements have been added to the concept plan/preliminary plat. 8. Show the location, type, and height of all walls, fences, and screening devices. Note whether existing or proposed. 9. Note the City approved benchmark used for topographical information. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 The minimum tree cover to be preserved is listed in the table below: Table 2.0 — Fxistina Tree Cover PreseiTation Requirements Pe°rce nlage of e vistirrg tree cover on t#e entire site Alininnim pe°rce nlgge° of titer e:Yisling tree corer to be xre°se°riVd- l♦♦ �f lI�� // 20.1 — 40% 60% 40.1 ° o - 60% 50% 60.1 ° u - 80% 40° o 80.1°0- 100°1b 30% :The wimrraum poventa e of existing tree cover to he pre.sei-ved shall etchide am- area in pilblic rights-of-l"GY as approved by C.'it► colencil, Existing tree coverage on the site is approximately 11.98% of the total site area, so 70% of the existing tree coverage is required to be preserved. The Tree Conservation Plan shows 88.39% of existing tree coverage to be preserved. Four trees, a 22" cottonwood, an 18" eastern red cedar, a 10" cedar elm and a 10" pecan, are shown as to be removed. Public Works/Engineering Review Case No. Attachment E ZA13-046 Page 2 Steve Anderson, P.E. , CFM Civil Engineer Phone: (817) 748-8101 E-mail: sanderson@ci.southlake.tx.us GENERAL COMMENTS: Provide right of way dedication for Union Church Rd. and Siena Dr. as required in Subdivision Ord. No. 483, as amended. The 12" water line in Union Church will need to be extended to the west property as shown on the utility plan. The City will participate in upsizing costs from an 8" water line. 3. The 8" water line in Siena Dr. will need to be extended to the west property line as shown on the utility plan. Provide a manhole where the line ends at the west property line. 4. The 8" sewer line in Siena Dr. will need to be extended to the west property line as shown on the utility plan. 5. Place any detention ponds shown on the concept plan in drainage easements. Drainage easements are shown on the preliminary plat. Fire Department Review Kelly Clements Assistant Fire Marshal GENERAL COMMENTS: Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter of the residence on a "hose -lay" basis if un-sprinkled, and within 250 feet of all exterior portions of sprinkled residences. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW) If fire apparatus access is required further than 150 feet from the public street, and approved turn- around must be provided for fire apparatus. This approved turn -around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid, or an additional hydrant will be required. Case No. Attachment E ZA13-046 Page 3 Hydrants required at maximum spacing for R-3 and U Occupancies is 400 feet for subdivisions with un-sprinkled homes. Community Service/Parks Department Review Peter Kao Construction Manager (817) 748-8607 pkaoa_ci.southlake.tx.us Land/park dedication requirements: 1. Residential park dedication fees in the amount of $3000 per lot or dwelling unit x 1 lots= $3000.00 are required for the additional lot that is being created. Informational Comments: A SPIN meeting for this development was held July 22, 2013. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Denotes Informational Comment Case No. Attachment E ZA13-046 Page 4 Surrounding Property Owners Union Church Estates 19 20 10 11 18 9 8 14 7 13 6 12 24 22 5 17 4 3 16 21 26 25 2 15 3 1 -.- 27 SPO # Owner Zoning I Land Use Acreage Response 1. Anderson, Brian Sr Etux D Lana SF1-A Medium Density Residential 0.46 NR 2. Tapia, Juan Etux Maria SF1-A Medium Density Residential 0.46 NR 3. Shah, Raja Etux Anup SF1-A Medium Density Residential 0.46 NR 4. Donlon, Andrew S Etux Jennifer SF1-A Medium Density Residential 0.46 F 5. Cesander, Laurence P SF1-A Medium Density Residential 0.46 NR 6. Walker, Jason Etux Anna W AG Medium Density Residential 0.46 NR 7. Hopkins, David W Etux Karen K AG Medium Density Residential 0.47 NR 8. Griser, David Etux Kara AG Medium Density Residential 0.46 NR 9. Franks, Nina Etvir Chase L AG Medium Density Residential 0.47 NR 10. Mullenix, David W Etux Raeann AG Medium Density Residential 0.59 NR 11. Byler, John R AG Medium Density Residential 0.46 NR 12. Meade, Jeffrey W Etux Tammy D AG Medium Density Residential 0.46 NR 13. Page, Kelly Etux Jennifer AG Medium Density Residential 0.46 NR 14. Haridas, Raghaven Etux Rathnam AG Medium Density Residential 0.46 NR 15. Galarza, Jusan & W D Calderon AG Medium Density Residential 0.77 F 16. Christopherson, C R Jr & Etux AG Medium Density Residential 0.77 NR 17. Berry, Judy AG Medium Density Residential 0.63 NR 18. Southlake Watermark Holding Lp AG Medium Density Residential 8.90 NR 19. Wiesman, E I AG Medium Density Residential 13.18 NR 20. Wiesman, E I AG Medium Density Residential 3.50 NR 21. Mortazavi, Joseph Etux Kimiela AG Medium Density Residential 3.45 U 22. Mortazavi, Joseph A & Kimiela AG Medium Density Residential 2.73 U 23. Mortazavi, Joseph A & Kimiela Medium Density Residential 0.36 U Case No. Attachment F ZA13-046 Page 1 24. Couch, Bobbie J Medium Density Residential 4.04 NR 25. Couch, Bobby Etux Mary E Medium Density Residential 1.03 NR 26. Mortazavi, Joseph Etux Kimiela Medium Density Residential 0.87 U Responses: F: In Favor O: Opposed To U: Undecided Notices Sent: Responses Received: Twenty-six (26) Three (3) — Attached NR: No Response Case No. Attachment F ZA13-046 Page 2 Notification Response Form ZA13-046 Meeting Date: September 19, 2013 at 6:30 PM Galarza, Jusan & W D Calderon 1005 Venice Ave Southlake Tx, 76092 38582K 5 1 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 Lj��avor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Additional Signatu Date: Date: Printed Name(s): .J U saw C'1 GI Q(2c�, Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment F ZA13-046 Page 3 Notification Response Form ZA13-046 Meeting Date: September 19, 2013 at 6:30 PM Mortazavi, Joseph A & Kimiela 2499 Union Church Rd Keller Tx, 76248 A 18 6B01 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULE© PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in Favor of opposed to `undecided abou (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: t � l Signature: /� Date: .Additional Signature: � � Date: Printed Name(s): ' t Must he property owner(s) whose narne(s) are printed at top. Phone Number (optional): cant G the Planning Depar[ment. One torm per prtrperly. Case No. Attachment F ZA13-046 Page 4 Notification Response Form ZA13-046 Meeting Date: September 19, 2013 at 6:30 PM Donlon, Andrew S Etux Jennifer 904 Venice Ave Southlake Tx, 76092 38582K 1 4 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: -- T kjQ�IJ like S;t�e-- OWE V-allc'e- N - +t-ees o, - I �)00A 0kO kht, A4 -�LV, o _ A A I c k'/�.-,3LI aAe- �,, a v ,,4- A /Pic L b,r.&,d 2-n �,, �t•�f s Signature: Additional Signature: Date: Date: Printed Name(s): AJl-ew Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 611 �' � ` Ll Case No. Attachment F ZA13-046 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-645 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 6132 AND 6132A, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 5.006 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT AND "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 G ZA13-046 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 G ZA13-046 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 6B2 and 6B2A, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, being approximately 5.006 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District and "SF-2" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated Case No. Attachment G ZA13-046 Page 3 herein as Exhibit "B", and subject to the following conditions: City Council motion at 1st reading: October 1, 2013; Approved on consent at 1 st reading (7-0). SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most Case No. Attachment G ZA13-046 Page 4 appropriate use of land throughout the community. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Case No. Attachment G ZA13-046 Page 5 SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website 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 it 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 1st reading the 1st day of October, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2013. MAYOR ATTEST: Case No. Attachment G ZA13-046 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment G ZA13-046 Page 7 EXHIBIT "A" Being described as Tracts 6132 and 6132A, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, and located at 2535 and 2565 Union Church Rd., Southlake, Texas, being approximately 5.006 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment G ZA13-046 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment G ZA13-046 Page 9