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Item 7BCITY OF SOUTHLAI<,-E Department of Planning & Development Services drill 0=:»ll:aI November 13, 2013 CASE NO: ZA13-084 PROJECT: Zoning Change and Development Plan for Gateway Lakes EXECUTIVE SUMMARY: The applicant Four Peaks-RM, Inc. is requesting approval of a Zoning Change and Development Plan for Gateway Lakes from "NR-PUD" Non -Residential Planned Unit Development District and "AG" Agriculture District to "TZD" Transition Zoning District for the development of forty (39) residential lots and one (1) commercial lot on approximately 24.67 acres located at 700, 890, 1000 and 1030 N. Kimball Avenue and 2000 E. Kirkwood Boulevard. SPIN Neighborhood #4 DETAILS: Four Peaks-RM, Inc. is requesting approval of a Zoning Change and Development Plan for Gateway Lakes from "NR-PUD" Non -Residential Planned Unit Development District and "AG" Agriculture District to "TZD" Transition Zoning District. The development consists of thirty-nine residential lots, with one potential future residential lot and one future commercial lot on approximately 24.67 acres. The following table is a site data summary for the development plan being proposed: ProposedSite Data Summary for Gateway Lakes Existing Zoning AG & NR-PUD Proposed Zoning TZD Gross Area 24.67 ACRES Number of Residential Lots 39 Number of Commercial Lots 1 (1.6 acres) Residential Density 1.58 d/u per acre Average Lot Size 12,064 sq. ft. Open Space 9.68 acres (39%) Existing Tree Cover 37.9% Tree Cover to be Preserved 61.9% This development is related to and being processed concurrently with a Preliminary Plat under Planning Case ZA13-088 and a Land Use Plan Amendment under Planning Case CP13-005 from Low Density and Medium Density Residential on a small portion of the development, approximately two acres in size, to Mixed Use for the purpose of being consistent with the rest of the 22 acres. TZD Modifications The applicant is requesting some modifications to the "TZD" Transition Zoning District section of the Zoning Ordinance No. 480. Under the "TZD" section the City Council may approve modifications to any of the standards in the Transition Zoning District after a recommendation by the Planning and Zoning Commission based on unique site conditions and development intent at the time of the application. The Case No. ZA13-084 applicant has provided an explanation for the modifications listed below. Finished Floor Elevations — The applicant is required to provide finish floor elevation of single-family dwellings to be at least two (2) feet above the level of the sidewalk. The applicant is requesting to waive this requirement due to the existing topography on site. Cul-de-sac Restriction — Cul-de-sacs are prohibited unless natural features such as topography or stream corridors prevent a street connection. Due to the unique topography of the site and the large wetlands and drainage area that bisects the site the applicant is requesting cul-de-sacs be permitted for this development. Planting Strip Width — A 6-foot planter strip width is required between the sidewalk and the back of curb of the street in the neighborhood (residential) component of the development. The applicant is requesting this be modified to 4'/z-feet due to the limited right-of-way available to fit the required street width and 5-foot sidewalk. Variances There are also two variances being requested to the subdivision ordinance for this development. 1) Residential Lot Width — Section 8.01(E) of the City's Subdivision ordinance requires lots to have a minimum lot width of 125 feet at the rear property line when adjacent to any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size. The applicant is requesting down to a 65-foot minimum lot width along the street labeled Gateway Lakes Drive. 2) Buffer Lots - Section 8.01(G) of the City's Subdivision ordinance requires lots adjacent to platted property zoned SF-1 or RE to be a minimum 30,000 square feet in size. ACTION NEEDED: Consider 1st Reading Zoning Change & Development Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Development Plan Review Summary No. 2, dated September 27, 2013 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-648 (G) Full Size Plans (for Commissioners and Council members only) I;3rAJ;K61.1k111r_« za, Daniel Cortez Case No. ZA13-084 (817) 748-8067 (817) 748-8070 BACKGROUND INFORMATION OWNER: Gateway Church, Burton & Virginia Patterson APPLICANT: Four Peaks-RM, Inc. PROPERTY SITUATION: 700, 890, 1000 and 1030 N. Kimball Ave. and 2000 E. Kirkwood Blvd. LEGAL DESCRIPTION: Lot 1, Block 3, Gateway Church — 114 Campus, Tract 2A4, T. Mahan Survey, Abstract No. 1049 and a portion of Lot 1 and all of Lot 2, Hanna Addition LAND USE CATEGORY: Mixed Use, Low Density Residential and Medium Density Residential CURRENT ZONING: AG — Agriculture District / NR-PUD - Non -Residential Planned Unit Development District PROPOSED ZONING: TZD — Transition Zoning District HISTORY: - A Plat was approved by City Council on April 15, 1986 for the Hanna Addition under Planning Case ZA86-009. - On June 17, 1997 the City Council approved zoning for "NR-PUD" Non - Residential Planned Unit Development District and a Concept Plan. - On August 21, 2007 the City Council approved a Zoning Change and Concept Plan for Gateway Church — SH 114 Campus under Planning Case ZA05-112. CITIZEN INPUT: A SPIN meeting was held for this project on February 11, 2013. A copy of the report for this meeting can be found under Attachment `C' of this staff report. SOUTHLAKE 2030: Consolidated Land Use Plan The Southlake 2030 Future Land Use Plan designates these properties as Mixed Use, Low Density and Medium Density Residential. The applicant has also filed an application for a Land Use Plan Amendment under Planning Case CP13-005 from Low Density and Medium Density Residential on a small portion of the development, approximately two acres in size, to Mixed Use for the purpose of being consistent with the rest of the 22 acres. Mixed Use is defined as a range of activities being permitted, the diverse natural features, and the varying proximity to thoroughfares of areas in the Mixed Use category necessitates comprehensively planned and coordinated development. New development must be compatible with and not intrusive to existing development. Further, special attention should be placed on the design and transition between different uses. Case No. Attachment A ZA13-084 Page 1 Typically, the Mixed Use designation is intended for medium- to higher - intensity office buildings, hotels, commercial activities, retail centers, and residential uses. Nuisance -free, wholly enclosed light manufacturing and assembly uses that have no outdoor storage are permitted if designed to be compatible with adjacent uses. Other suitable activities are those permitted in the Public Parks/Open Space, Public/Semi-Public, Low Density Residential, Medium Density Residential, Retail Commercial, and Office Commercial categories previously discussed. The development as proposed appears to be consistent with the intent of the mixed use land use designation at this location. Master Thoroughfare Plan The Master Thoroughfare Plan recommends N. Kimball Avenue to be an 88-foot, 4-lane, divided arterial roadway. Recent improvements to N. Kimball Avenue have met this ultimate build out at this section. Kirkwood Boulevard is recommended to be a 100-foot, 4-lane, divided arterial roadway. This segment of Kirkwood Boulevard is currently only two -lanes and a recommendation has been made for the City to conduct a study (Tier 3) at this intersection as more development occurs in the Southlake 2030 Mobility Master Plan. Pathways Master Plan The Pathways Master Plan recommends an 8-foot sidewalk along Kirkwood Boulevard and less than an 8-foot sidewalk along N. Kimball Avenue. The applicant has indicated on the pedestrian access plan that these sidewalks will be installed if approved along their portion of right-of-way frontage. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed overall development which includes is bisected by a wetlands area and has one roadway with 18 residential lots and 1 commercial lot taking access onto N. Kimball Avenue and 22 residential lots taking access onto E. Kirkwood Boulevard. KimballN. 24hr (between E. Kirkwood Boulevard North Bound (6,486) . E. Highland Street) South Bound (5,415) AM Peak AM (360) 11:30 AM —12:30 PM Peak AM (616) 7:15 — 8:15 AM PM Peak PM (616) 5:00 — 6:00 PM Peak PM (430) 5:30 — 6:30 PM Kirkwood :. 0: 24hr Blessed Way & N. West Bound (526) Kimball(between East Bound (863) AM Peak AM (134) 7:45 — 8:45 AM Peak AM (175) 7:45 — 8:45 AM PM Peak PM (102) 6:15 — 7:15 PM Peak PM (182) 8:30 — 9:30 PM * Based on the 2013 City of Southlake Traffic Count Report Traffic Impact Case No. Attachment A ZA13-084 Page 2 OUT OUT Single -Family Detached 40 382 8 23 26 15 Housing * Vehicle Trips Per Day * AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7rh Edition TREE PRESERVATION: There is less that 38% tree cover on this site. The "TZD" zoning district does not require the applicant to preserve any minimum amount of trees but rather makes their tree preservation plan subject to City Council's approval. UTILITIES: Water The site has access to an existing 12- inch water line along Kirkwood Boulevard. Sewer The site has access to an existing 18-inch sanitary sewer with easement line that goes through this development and across N. Kimball Avenue. PARKS & RECREATION BOARD ACTION: October 14, 2013 A motion was made to recommend a discount of $114,000 in park fees for Savannah Estates versus the requested $144,000 contingent upon park improvements abiding by approved specs of the City of Southlake in construction of amenities for what is being called Gateway Park adding appropriate signage in Savannah Estates at both trailheads indicating the trail is a public trail and accepting the park dedication at Gateway Lakes of 10.29 acres as proposed for a City park to be added to existing 3.6 acre to complete park. Following the vote the Board directed the developer to consult with Dr. Ray Chancellor regarding plans for the park. PLANNING & ZONING COMMISSION ACTION: October 3, 2103 Tabled (6-0) to the next regularly scheduled Planning & Zoning Commission meeting scheduled on October 17, 2013. October 17, 2013 Tabled (5-0) to the next regularly scheduled Planning & Zoning Commission meeting scheduled on November 7, 2013. At the October 17, 2013 Planning & Zoning Commission meeting the applicant made the following changes from the previous development plan: • Setbacks on most of the lots along the north line to be 30' instead of 20' (Lots 8 — 17, Block A); • Increased the all lot sizes to be at least 10,000 square feet; • Decreased the open space by 0.77 acres; and • Extended the open space area to be directly adjacent to the Cook's property. November 7, 2013 Approved (6-0) subject to Development Plan Review Summary No. 2, dated September 27, 2013 and staff report dated November 1, 2013, granting the Case No. Attachment A ZA13-084 Page 3 requested variances to residential lot widths and buffer lots, also noting the applicants agreement with the Cook's on the north side of the development to construct an 8-foot board on board fence with wood caps across the north property line, a gate will also be constructed on the back of the Cook's property allowing access to the open space, the fence may encroach into the open space as minimally necessary in order to preserve any existing trees and noting that the applicant has indicated they will notify the Cook's prior to installation of the fence so they may be present at that time. The following modifications were done to the development plan since the October 17, 2013 Planning & Zoning Commission meeting and were presented at the November 7, 2013 meeting: • Increased the minimum lot size along the northern property line to be 12,000 square feet and included it as a requirement in the development standards; • Increased the lot size average to be 12,064 square feet; • Included a requirement in the development standards that the lots along the northern property line shall have 3, 3" trees installed within 10' of the property line in the rear yard; • Increased the minimum floor area to be 2,500 SF except for the lots along the northern property line have a minimum floor area of 2,800 SF, which is now included in the development standards; • Reduced the number of residential lots to be 39; • Reduced density to 1.581 dwelling units per acre; • Reduced the open space to 9.6 acres (39%); • Provided sanitary sewer extension to the north for Mr. Huning. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated September 27, 2013. WCommunity Development MEMO12013 CasesO84 - ZDP - Gateway LakeslStaff Report Case No. Attachment A ZA13-084 Page 4 Vicinity Map Gateway Lakes Min MEN long Case No. ZA13-084 ZA13-084 Zoning Change & Development Plan N W E 0 500 1.000 2,000 Feet s Attachment B Page 1 Plans and Support Information GATEWAY LAKES TRANSITION ZONING DISTRICT 25 Acres City of Southlake Tarrant County, Texas List of Items: Development Standards Exhibit A - TZD Plan and Legal Description Exhibit B - Illustrative Development Plan Exhibit C - Street Section Exhibit D - Entry Feature Renderings Exhibit E - Architectural Elevations Exhibit F — Revised Metes and Bounds Description for the Removal of Gateway Lakes (26 Acres) from the Gateway Church (188 Acres) PUD. Case No. Attachment C ZA13-084 Page 1 Gateway Lakes Transition Zoning District Development Standards Tract A: Neighborhood District The following Development Standards shall apply to Tract A of the TZD area as shown and described in Exhibit A and in accordance with the approved Development Plan as shown in Exhibit B. A. Permitted Uses 1) All uses permitted under Section 14.2 of the City of Southlake Zoning Ordinance, "SF-20A Single Family Residential District". B. Accessory Uses 1) All accessory uses listed under Section 34 of the City of Southlake Zoning Ordinance for the SF-20A Single Family Zoning District. 2) Model home for sales and promotions 3) Home occupation C. Specific Uses 1) All Specific Uses listed in Section 45 of the City of Southlake Zoning Ordinance for residential uses. D. Street Design Standards 1) The minimum right-of-way shall be fifty (50) feet in width. 2) Cul-de-sacs shall be permitted. The minimum radius of a cul-de-sac shall be a sixty (60) feet radius for right-of-way and a fifty (50) foot radius for pavement. 3) The design speed shall be less than or equal to twenty-five (25) miles per hour. 4) The street typology shall be a residential street with two (2) lanes undivided. 5) There shall be two (2) travel lanes each fifteen (15) feet wide. 6) On street parking shall be permitted within the residential street. 7) The street turning radii shall be thirty (30) feet as measured on the face of curb. E. Streetscape Standards 1) A five (5) foot minimum sidewalk shall be located along the street, within the street right-of-way to be constructed by the developer unless located in front of a residential lot in which case will be constructed by the builder at the time the house thereon is constructed. 2) A four and half (4.5) foot landscape strip shall be required between the back of curb and the sidewalk, within the public ROW. 3) Street trees shall be installed within the landscape strip along the street and shall be spaced sixty five (65) feet apart on average. 4) A minimum of two (2) canopy trees of at least three (3) inch caliper shall be installed in each front yard, unless approved by the City's Landscape Administrator. 5) A public sidewalk is required along Kirkwood Blvd. Open Space Requirements 1) The open space area shall be dedicated to the City of Southlake for public park purposes and to provide connectivity to the existing park property of Lot 2, Block 3 of the Gateway Church plat. Case No. Attachment C ZA13-084 Page 2 2) A Joint Use Agreement between Gateway Church and the City of Southlake applies to a portion, approximately four (4) acres, of land within the proposed open space area. 3) The minimum amount of required Open Space is listed below. See III(C). G. Block and Lot Standards 1) The minimum lot area shall be ten -thousand (10,000) square feet except for the lots numbered nine (9) through sixteen (16), Block A, which shall have a minimum lot area of twelve -thousand (12,000) square feet. 2) The minimum lot width shall be sixty-five (65) feet. 3) The maximum lot coverage, excluding drives, walkways, and patios, shall be no more than fifty (50) percent. H. Building Standards 1) The minimum floor area shall be two thousand five hundred (2,500) square feet except that the minimum floor area for the lots directly abutting existing residential uses along the northern common property line shall be two thousand eight hundred (2,800) square feet. 2) The maximum building height shall be thirty-five (35) feet. 3) The minimum front yard setback shall be twenty (20) feet. 4) The minimum side yard setback shall be seven and a half (7.5) feet. 5) The minimum rear yard setback shall be twenty (20) feet, except for the lots numbered nine (9) through sixteen (16), Block A, which shall have a minimum rear yard setback of thirty (30) feet along the northern common property line as shown on the approved Development Plan. 6) Accessory buildings shall be permitted as listed in I(B) above. 7) The principal building orientation shall be toward the front of the lot on the internal residential streets. 8) Building fa4ade and architectural design standards: a) The first floor elevation shall not be required to be two (2) feet above the public sidewalk. Due to the existing topography of the site and the front yard setback required at twenty (20) feet, the first floor elevations may be graded above, at, or below the public sidewalk. b) An Architectural Control Committee shall be established by the Gateway Lakes Homeowner's Association. c) Homes shall be one hundred (100) percent masonry. d) The minimum roof pitch shall be 8:12. e) Roof materials shall include thirty five (35) year composition shingle. f) All garage doors shall be cedar. g) Human -scaled building requirement i. Homes shall be either one or two story in height. ii. The trail system in the open space areas and the sidewalks integrated onto lightly traveled streets shall serve as the pedestrian experience. Site Design Standards 1) A minimum of two (2) parking spaces shall be provided for each residential dwelling unit. This includes enclosed parking spaces such as garages. 2) Each dwelling unit shall have a minimum two (2) car garage. 3) Front yards shall be required to have full landscaping and irrigation. 4) Back yards of lots nine (9) through sixteen (16), Block A, shall have at least three (3) trees of at least three (3) inch caliper from the City's approved plant list installed by Case No. Attachment C ZA13-084 Page 3 the builder and located within ten (10) feet of the rear property line that is directly adjacent to existing residential uses. 5) Fencing Requirement: a) Wrought iron or metal fencing shall be required where a residential lot abuts designated open space. b) Board on board fencing shall be required where a residential lot abuts another residential lot, such as a side or rear lot line, between Tracts A and B, and the rear of residential lots along the western and northern property lines. c) A masonry screening wall shall be required in the landscape buffer along Kirkwood Blvd. J. Sign Standards 1) A signage wall shall be installed within the screening wall at the Kirkwood Blvd entrance. 2) A monument sign shall be constructed within the residential street ROW at the North Kimball Avenue entrance. K. Lighting Standards: The proposed lighting standards are listed below in Section III(E). II. Tract B: Neighborhood Edge District The following requirements shall apply to Tract B of the TZD area as shown and described in Exhibit A and in accordance with the approved Development Plan as shown in Exhibit B. The layout for this tract shown on the Development Plan for Gateway Lakes is for conceptual purposes only. The existing property owners desire to continue to use their land for residential purposes at this time. A. Permitted Uses 1) All uses permitted for Neighborhood Edge in Section 47.5 of the City of Southlake Zoning Ordinance, `Transition Zoning District". B. Accessory Uses 1) All accessory uses listed for Neighborhood Edge in Section 47.5 of the City of Southlake Zoning Ordinance, 'Transition Zoning District". C. Specific Uses 1) All specific uses listed for Neighborhood Edge in Section 47.5 of the City of Southlake Zoning Ordinance, "Transition Zoning District". D. Street Design Standards 1) The minimum right-of-way shall be fifty (50) feet in width. 2) Cul-de-sacs shall be permitted. The minimum radius of a cul-de-sac shall be a sixty (60) feet radius for right-of-way and a fifty (50) foot radius for pavement. 3) The design speed shall be less than or equal to twenty-five (25) miles per hour. 4) The street typology shall be a residential street with two (2) lanes undivided. 5) There shall be two (2) travel lanes each fifteen (15) feet wide. 6) On street parking shall be permitted. 7) The street turning radii shall be thirty (30) feet as measured on the face of curb. E. Streetscape Standards 1) A five (5) foot minimum sidewalk shall be located along the street, within the street right-of-way to be constructed by the developer unless located in front of a residential or commercial lot in which case will be constructed by the builder at the time the structure thereon is constructed. Case No. Attachment C ZA13-084 Page 4 2) A four and half (4.5) foot landscape strip shall be required between the back of curb and the sidewalk, within the public ROW. 3) Street trees shall be installed within the landscape strip along the street and shall be spaced sixty five (65) feet apart on average. 4) A minimum of two (2) canopy trees of at least three (3) inch caliper shall be installed in each front yard of a residential use, unless approved by the City's Landscape Administrator. 5) A twenty (20) foot landscaped strip shall be provided along North Kimball Avenue. 6) A public sidewalk is required along North Kimball Avenue. F. Open Space Requirements 1) The minimum amount of required Open Space is listed below. See III(C). G. Block and Lot Standards 1) The minimum lot area shall be nine -thousand (9,000) square feet. 2) The minimum lot width shall be sixty-five (65) feet. 3) The minimum lot coverage, excluding drives, walkways, parking areas, drive aisles, and patios, shall be no more than fifty (50) percent. 4) The maximum impervious coverage shall be seventy-five (75) percent and shall only apply to non-residential uses within this subdistrict. H. Building Standards 1) The minimum floor area shall be two thousand two hundred and fifty (2,250) square feet for a single story home and two thousand seven hundred and fifty (2,750) square feet for a two-story home. The minimum floor area for a non-residential building shall be three thousand (3,000) square feet. 2) The maximum building height shall be thirty-five (35) feet. 3) The minimum front yard setback shall be twenty (20) feet along the internal residential streets and thirty (30) feet along North Kimball Avenue. 4) The minimum side yard setback shall be seven and a half (7.5) feet. 5) The minimum rear yard setback shall be twenty (20) feet. 6) Accessory buildings shall be permitted as listed in I(B) above. 7) The principal building orientation shall be toward the front of the lot on the internal residential streets and/or toward North Kimball Avenue. 8) Building facade and architectural design standards: a) The first floor elevation shall not be required to be two (2) feet above the public sidewalk. Due to the existing topography of the site and the front yard setback required at twenty (20) feet, the first floor elevations may be graded above, at, or below the public sidewalk. b) Residential Uses: i. Homes shall be one hundred (100) percent masonry. ii. The minimum roof pitch shall be 8:12. iii. Roof materials shall include thirty five (35) year composition shingle. iv. All garage doors shall be cedar. v. Human -scaled building requirement: a. Homes shall be either one or two story in height. b. The trail system in the open space areas and the sidewalks integrated onto lightly traveled streets shall serve as the pedestrian experience. c) Non -Residential Uses: i. The buildings shall be architecturally compatible to the surrounding neighborhood. Case No. Attachment C ZA13-084 Page 5 ii. The exterior walls shall include articulation. iii. Pedestrian linkages shall be required to connect to the sidewalks along the internal street. I. Site Design Standards 1) A minimum of two (2) parking spaces shall be provided for each residential dwelling unit. This includes enclosed parking spaces such as garages. 2) Each dwelling unit shall have a minimum two (2) car garage. 3) Off street (surface) parking shall be permitted for non-residential uses and may be located adjacent to a residential street. 4) The number of off street parking spaces required for non-residential uses shall be in accordance with Section 35 of the City of Southlake Zoning Ordinance. 5) Front yards shall be required to have full landscaping and irrigation. 6) A fifteen (15) landscape buffer shall be required to screen the parking area from the residential street. 7) Utility equipment and refuse areas shall be screened from public ROW. 8) Fencing Requirement: a) Board on board fencing shall be required where a residential lot abuts another residential lot, such as a side or rear lot line, and where a residential lot is adjacent to non-residential uses. J. Sign Standards: 1) A monument sign shall be permitted within the landscape buffer along North Kimball Avenue and may include multi -tenant signage. K. Lighting Standards: The proposed lighting standards are listed below in Section III(E). III. Overall Requirements The following requirements shall apply to the entire TZD property, including both Tracts A and B: A. A Tree Conservation Management Plan application shall be required at the time Tract B develops. B. Final Plat Tree Preservation Requirements: A Tree Conservation Plan shall be required for all Final Plat applications and shall exclude the following areas from the Tree Survey and Tree Replacement requirements: 1) All residential lot building pads plus ten (10) feet on all sides. 2) All vehicular rights -of -ways. 3) All utility and drainage easements. 4) All existing ponds. 5) Floodplain. 6) All areas identified on the Tree Conservation Management Plan as areas to be "preserved". 7) All areas identified on the Tree Conservation Management Plan as areas to be "altered". 8) All areas identified on the Tree Conservation Management Plan as "marginal' shall have all protected trees surveyed and identified and shall require tree replacements when required by the Tree Preservation Ordinance. The marginal tree coverage category shall be counted towards the minimum tree coverage to be preserved. C. Open space Requirements: The minimum amount of open space for the entire TZD area shall be at least thirty-five (35) percent. Case No. Attachment C ZA13-084 Page 6 D. Maximum Residential Density: The maximum residential density shall be no more than two (2) dwelling units per acre (du/ac) for the entire TZD area. E. Lighting Standards: The proposed lighting standards for Gateway Lakes shall be compatible to the below image: IV. TZD Modifications The following list outlines the modifications from the City's TZD Ordinance for Gateway Lakes: A. Due to the existing site conditions, cul-de-sacs are necessary in order to avoid impact of environmentally significant areas that include dense tree cover and jurisdictional wetlands. Although they are prohibited by the TZD Ordinance (Section 47.7(a)l), the implementation of cul-de-sacs for Gateway Lakes prevents destruction of environmental habitats and is in keeping with the intent of the City's Environmental Resource Protection Map. B. The proposed landscape strip between the back of curb and the edge of sidewalk is four and a half (4.5) feet although the TZD Ordinance requires a minimum of at least six (6) feet (Section 47.6(c)). The reduction of width was necessary in order to fit within the fifty (50) ROW for the internal streets, which is typical for residential developments throughout the City. The strip will be maintained by either the lot owner or the HOA and will include the required street trees. C. The TZD Ordinance requires that the finish floor elevation of single-family dwellings be at least two (2) feet above the level of the sidewalk (Section 47.7(d)e). The existing topography of Gateway Lakes makes it difficult to fully meet this requirement. The site slopes towards the center of the property and includes four (4) wetland ponds that are being preserved within the open space. The proposed finished floor elevations should be flexible in order to grade the site as efficiently as possible and to avoid impact of the environmental features. Case No. Attachment C ZA13-084 Page 7 V. Subdivision Ordinance Modifications The following items are modifications to the City's Subdivision Ordinance Regulations and shall apply to Gateway Lakes: A. Section 8.01(G), Buffer Lots, requires proposed lots adjacent to SF1 zoning to be at least thirty thousand (30,000) square feet in size. Along the northern property line of Gateway Lakes there are three (3) tracts that are zoned Agricultural (AG) and three (3) lots that are zoned SHA. In addition, a portion of the properties include a future land use of Medium Density Residential. The lots shown on the approved Development Plan for Gateway Lakes shall be permitted adjacent to the existing lots/tracts. B. Section 8.01(E) requires lots adjacent to existing residential lots/tracts that are one (1) acre or larger to have a lot width of at least one hundred and twenty five (125) feet. The majority of the proposed lots for Gateway Lakes that are adjacent to the existing residential lots/tracts have increased depths to provide additional buffering as well as an increased rear yard setbacks. The lots shown on the approved Development Plan for Gateway Lakes shall be permitted adjacent to the existing lots/tracts. 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PROJECT NAME: SPIN DISTRICT: MEETING DATE: MEETING LOCATION SPIN MEETING REPORT N/A — Formal application pending pending SPIN # 4 February 11, 2013; 6:00 PM 1400 Main Street, Southlake, TX Training Rooms 3A — 3B TOTAL ATTENDANCE: Thirteen (13) • SPIN REPRESENTATIVE(S) PRESENT: Lou Hillman # 4 • APPLICANT(S) PRESENTING: Tom Matthews and David Davis • STAFF PRESENT: Lorrie Fletcher, Planner I STAFF CONTACT: Lorrie Fletcher, Planner I: (817)748-8069 or Ifletcher(cici.south lake.tx.us EXECUTIVE SUMMARY Property Situation • The property is located at 2000 East Kirkwood Boulevard; east of new Carroll Middle School at the northwest corner of Kimball and Kirkwood. The property is currently a portion of the Gateway Church Planned Unit Development District. Development Details • Proposing 32 lots on approximately 21.35 acres; approximately 1.5 units per acre • Proposed development will be removed from existing Planned Unit Development and create a new Residential Planned Unit Development • Large number of existing waterways on the property, resulting in smaller lot sizes • Proposal to include zoning change and plat revision Presented at SPIN: Case No. Attachment C ZA13-084 Page 13 QUESTIONS/CONCERNS Patterson's Pond residents are concerned about water flow and keeping the water amenity. o We will not increase flow over what exists today o We will not have an impact o We agree the water is an attractive amenity • We are concerned about traffic; would like to see a light at Kimball. • Will there be residential there on the corner at the intersection? No, that is planned for open space. The residential is planned to the west. 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 ZA13-084 Page 14 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA13-084 Project Name: Gateway Lakes APPLICANT: Four Peaks-RM, Inc. Tom Matthews 2600 E. Southlake Blvd., Ste. 120-323 Southlake, TX 76092 Phone: (214) 676-3434 Fax: Review No.: Two Date of Review: 09/27/08 OWNER: Gateway Church Gayland Lawshe 500 S. Nolen Dr., Ste. 300 Southlake, TX 76092 Phone: (817) 328-1000 Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/16/2013 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT THE APPROPRIATE STAFF MEMBER. Planning Review Daniel Cortez, AICP Planner II P: (817) 748-8070 E: dcorteza-ci.southlake.tx.us A Site Plan will be required for the development of what is being referred to as Tract `B' (commercial lot) on the development plan when it is developed in the future. 2. The following comments pertain to requirements within the Subdivision Ordinance No. 483, as amended. a. Residential Lot Width — Section 8.01(E) of the City's Subdivision ordinance requires lots to have a minimum lot width of 125 feet at the rear property line when adjacent to any property shown on the approved City Land Use Plan to be designated for lots of one acre or larger in size. The applicant is requesting down to a 65-foot minimum lot width along the street labeled Gateway Lakes Drive. b. Buffer Lots - Section 8.01(G) of the City's Subdivision ordinance requires lots adjacent to platted property zoned SF-1 or RE to be a minimum 30,000 square feet in size. Public Works/Engineering Review Steve Anderson, P.E., CFM Civil Engineer P: (817) 748-8101 E: sanderson61ci.southlake.tx.us GENERAL COMMENTS: 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. 2. Please provide a traffic impact analysis. Constructing Kirkwood Boulevard to full width may be required with this project. DRAINAGE COMMENTS: 1. Ensure there are no adverse impacts upstream or downstream with this development. SEWER COMMENTS: Case No. Attachment D ZA13-084 Page 1 1. Is it possible to re -align the sewer so that it does not bisect the park property? INFORMATIONAL COMMENTS: Submit 4 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. A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City's sewer, water or storm sewer system. A Developer's Agreement will 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. Fire Department Review Kelly Clements Assistant Fire Marshal P: (817) 748-8233 E: kclementsa-ci.southlake.tx.us GENERAL COMMENTS: o Subdivision street names to be approved by city prior to final plat. Submit proposed names and alternate names as soon as possible. (Some proposed street names are currently in use) o 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. FIRE LANE COMMENTS: o Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (minimum of 80,000 Ibs GVW). Fire access roads must be at least 31 ft. back of curb to back of curb. (Standard street width) o Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. o Cul-de-Sacs must have 30 ft. inside turn radius and 50 foot radius, (100 foot diameter) for approved turnaround. FIRE HYDRANT COMMENTS: o Hydrants required at maximum spacing for R-3 and U Occupancies is 400 feet for subdivisions with un- sprinkled homes and 600 feet for subdivisions that are completely sprinkled. (Hydrants spaced incorrectly on Gateway Lakes Drive) o Hydrants are required at intersecting streets and at intermediate locations between as prescribed above, measured as the hose would be laid. (Add fire hydrant at entrance into subdivision on North Kimball Avenue, not labeled on plans) INFORMATIONAL COMMENTS: Case No. Attachment D ZA13-084 Page 2 No comments made on conceptual mixed use lot shown on plans, submit separate plans for future development. Community Service/Parks Department Review Peter Kao, P.E. Construction Manager P: (817) 748-8607 E: pkaoa-ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. Land/park dedication requirements: • Non-residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every fifty (50) non-residential gross acres of development. • Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. • If fee payment is approved by City Council in lieu of land dedication, non-residential park dedication fees in the amount of $2400 per gross acre x 2.51 acres= $6,024.00 will be required. Fees will be collected with the approved developer's agreement. • If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $3000 per dwelling unit x 40 dwelling units= $120,000.00 will be required. Fees will be collected with the approved developer's agreement. Total park dedication fee payment=$126,024.00 Informational Comments No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. 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. It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and will require construction standards that meet requirements of the Airport Compatible Land Use Zoning Ordinance No. 479. Case No. Attachment D ZA13-084 Page 3 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 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 D ZA13-084 Page 4 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Gateway Lakes •• # Owner Zoning AddressResponse 1. Property Owner NRPUD 1770 E SH 114 0.01 NR 2• First Financial Trust & Asset MF1 675 CHERRY LN 0.98 NR 3. Ekstrom, Delton E SF1-A 650 CHERRY CT 0.99 NR 4. Coty, Rita SF1-A 600 CHERRY LN 1.00 O 5. Moss, Angelia J Etvir Jack A SF1-A 550 CHERRY LN 1.09 NR 6. Kaufman, James C & Denise Hine SF1-A 625 BRIARWOOD DR 1.35 NR 7. Pafel, Thomas D Etux Marcia L SF1-A 550 BRIARWOOD DR 1.05 NR 8. Brown, Ronni Etvir Richard SF1-A 600 BRIARWOOD DR 1.29 NR 9• Carroll ISD SP1 1800 E KIRKWOOD BLVD 24.43 NR 10. 579 Kimball Llc RPUD 2244 COTSWOLD VALLEY CT 0.28 NR 11. Chowdhury, Faroque Alam SF20A 2200 YEARGAIN CT 0.50 O 12. Datta, Falguni Etux Goutan SF20A 2205 YEARGAIN CT 0.47 NR 13. Woomer, Scott Etux Rayeann SF20A 2201 YEARGAIN CT 0.46 NR 14. Gateway Church NRPUD 700 BLESSED WAY 82.01 NR 15. Gateway Church NRPUD 701 BLESSED WAY 34.29 NR 16. Gateway Church NRPUD 2000 E KIRKWOOD BLVD 20.94 NR 17. Gateway Church NRPUD 700 N KIMBALL AVE 3.66 NR 18. Gateway Church NRPUD 1200 E SH 114 6.78 NR 19. Gateway Church NRPUD 1301 E KIRKWOOD BLVD 0.23 NR 20. Gateway Church NRPUD 1501 E HIGHLAND ST 22.52 NR 21. Greenway-Carroll Road Prtnrs C3 1201 E SH 114 7.09 NR 22. Sits Land Lp DT 1301 E SH 114 0.92 NR 23. Patrizio Southlake Llc C3 1281 E SH 114 1.12 NR 24. Patterson, B H Etux Virginia AG 1030 N KIMBALL AVE 1.73 F 25. Patterson, Burton H Etux Virg AG 1000 N KIMBALL AVE 1.36 F 26. Herndon, Boyd K Etux Susan K SF1-A 1201 ASH MOORE CT 1.21 NR 27. Thomas, Donald Etux Connie SF1-A 1350 E HIGHLAND ST 1.34 NR 28. D'Souza, Adam Etux Swati SF1-A 1200 BLYTHE LN 1.24 NR Case No. Attachment E ZA13-084 Page 1 29. Cook, Steven E Etux Katherine SF1-A 1981 E HIGHLAND ST 1.32 F 30. Hardin, Roger D Etux Ann C SF1-A 1991 E HIGHLAND ST 1.41 NR 31. Vision Southlake Dev LIc SP2 590 N KIMBALL AVE 0.54 NR 32. Vision Southlake Dev LIc SP2 596 N KIMBALL AVE 0.34 NR 33. Huning, Eric Etux Mary SF1-A 2145 E HIGHLAND ST 2.61 NR 34. Schulz, Laura A Etvir Edwin R AG 1213 CASEY CT 0.29 NR 35. Schenk, Joel AG 1075 CASEY CT 0.38 NR 36. Collins, Ted Etux Gayla SF1-A 997 CASEY CT 0.42 NR 37. Johnson, Deborah Bohannon Etal AG 1033 CASEY CT 0.43 NR 38. Steele, Crystal M Etvir Robert AG 1212 CASEY CT 0.30 NR 39. Carroll ISD AG 1009 N CARROLL AVE 0.43 NR 40. Nec Carroll & 114 Ltd Prtnshp AG 950 N CARROLL AVE 0.16 NR 41. Nec Carroll & 114 Ltd Prtnshp AG 940 N CARROLL AVE 0.21 NR 42. Nec Carroll & 114 Ltd Prtnshp AG 930 CASEY CT 0.02 NR 43. Bowen SI Ltd SP1 1110 E SH 114 1.28 NR 44. Gildenblatt, Tom & Phyllis G SF20A 2200 PATTERSON WAY 0.47 NR 45. Gildenblatt, Tom Etux Phyllis SF20A 2204 PATTERSON WAY 0.47 NR 46. Ganz, Keyvan SF20A 2205 PATTERSON WAY 0.52 NR 47. Shehadeh, lyad H SF20A 2201 PATTERSON WAY 0.57 NR 48. Tuttle, Larry N Etux Suzanne P SF20A 801 N KIMBALL AVE 1.02 NR 49. Fazal, Arif & Ripika Madan-Faz SF20A 2200 STILL WATER CT 1.09 NR 50. Korschun, Stuart Etux Tracy M SF20A 2204 STILL WATER CT 1.26 NR 51. Butcher, Adam Wayne SF1-A 1200 ST EMILION CT 0.99 NR 52. Lloyd, William E Etux Carol L SF1-A 1201 ST EMILION CT 0.94 NR 53. Sits Grand Avenue Lp DT 1420 DIVISION ST 2.90 NR 54. Sits Grand Avenue Lp DT 1430 DIVISION ST 2.55 NR 55. Carroll Road Baptist Church CS 1282 E HIGHLAND ST 1.04 NR 56. Transport Workers Union, #513 01 759 N KIMBALL AVE 1.95 NR 57. Dickson, Daniel SF1-A 1200 COSTA AZUL CT 1.02 NR 58. Maietta, Jonathan C & Meredith SF1-A 1204 COSTA AZUL CT 1.07 NR 59. Boggaram, B Etux M Singri SF1-A 1205 COSTA AZUL CT 1.00 NR 60. Lantier, Brian & Misty Lantier SF1-A 1201 COSTA AZUL CT 1.03 NR 61. Carroll ISD CS 0.76 NR 62. Carroll ISD AG 1379 E HIGHLAND ST 0.77 NR 63. Southlake, City Of AG 0.13 NR 64. Southlake, City Of AG 0.26 NR 65. Southlake, City Of AG 0.15 NR 66. Southlake, City Of AG 1371 E HIGHLAND ST 0.26 NR 67. Carroll ISD AG 1375 E HIGHLAND ST 0.70 NR 68. Carroll ISD CS 1335 E HIGHLAND ST 3.92 NR 69. Carroll ISD AG 1349 E HIGHLAND ST 1.60 NR 70. Carroll ISD AG 1361 E HIGHLAND ST 1.04 NR 71. Chesapeake Land Dev Co LIc AG 1680 E SH 114 3.09 NR 72. Sits Grand Avenue Lp DT 1501 E SH 114 0.27 NR 73. Sits Land Lp DT 245 N CARROLL AVE 13.48 NR 74. Hillman, Luther L AG 603 N KIMBALL AVE 3.71 NR 75. Knight, Harold I Etux Shirley AG 1749 E HIGHLAND ST 12.50 NR 76. Carter, Linda H Etux Jerry G AG 1971 E HIGHLAND ST 1.84 NR 77. Stegall, Molly Etvir Henry E AG 890 N KIMBALL AVE 1.50 NR Case No. Attachment E ZA13-084 Page 2 78. Patterson, Burton Etux Virgini AG 2149 E HIGHLAND ST 6.06 F 79. Huning, Eric Etux Mary AG 2055 E HIGHLAND ST 0.13 O 80. Williams, Xavier D Etux Tina AG 2009 E HIGHLAND ST 2.03 NR 81. Huning, Eric A Etux Mary AG 2015 E HIGHLAND ST 0.81 O 82. Vision Southlake Dev Llc SP1 600 N KIMBALL AVE 9.96 NR 83. Vision Southlake Dev Llc NRPUD 640 N KIMBALL AVE 0.04 NR 84. Vision Southlake Dev Llc NRPUD 650 N KIMBALL AVE 0.73 NR 85. Vision Southlake Dev Llc NRPUD 660 N KIMBALL AVE 0.24 NR 86. Fechtel, Joe Est NRPUD 1774 E SH 114 0.23 NR 87. Chesapeake Land Dev Co Llc AG 1730 E SH 114 8.08 NR 88. Fechtel, Joe Est NRPUD 1778 E SH 114 0.09 NR 89. Chesapeake Land Dev Co Llc AG 1750 E SH 114 7.84 NR 90. Chesapeake Land Dev Co Llc AG 1700 E SH 114 1.11 NR 91. 1 Sanchez, Christopher M SF1-A 1700 E HIGHLAND ST 1.54 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Sixty -One (61) Responses Received: Three (3) Case No. Attachment E ZA13-084 Page 3 09/24/2013 18,16 0172 1OS62 SAFA INVEST PAOE 01 Notification Response Form ZA73-084 Meeting dale_ October 3, 2013 at 6:30 PM Chowdhury, FaroClue Alam 2200 'Yeargain Ct Southlake Tx, 78092 13204 1 5 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 toted above, are hereby in favor of opposed #o undecided about (circle or underline one) the proposed Zoning Change and Developmerd Plan referenced above. Space for comments regarding your positron: h �r Signature: �" 2--0 Date: 003 Additional Signature: Date:gy/ jS Printed Name(s): j��67 O F Lt- C/-� Q ki D ff 0 Must be property o mar(s) whose trame(s) are printed at top. CH orwlSC Cdftta# the Planning Depaftent. ne form per property. Phone Number (optional): _ — 570 % — 5-Z-211 No. Attachment E ZA13-084 Page 4 ls!-1r'+r Hl: i'FrLi r s1741£s0 a 49ff e". i71 Notification Response FayAM 'A13-084 Meeting Date: October 3. 2013 at6:30 PM Patterson, Burton H Etux Virg 2B09 Rainforest Ct S aulhlake'rx, 76092 17075 1 B1 20 PLEASE PROVIDE COMPLETED FORMS VGA BEFORE THE START OF THE SC14EC Being the owner(s) of the property so in favor of apposed to (oircte or iunddfli i the pro rosed Zoninn Chan �e and Dei i Eat Space for lcornments (regarding your paelU i g n..atu Additional Signature: Printed Name(s), 'r-' l" t :e property owner(s) whew air. .. ..:,....._. ..a ��,r.� ,. - .. r rr�.:i. f..w .*.ri•`k`-.�Fsdi;rvs'P;9�±i},j ;ii�s. ... , . ...� _ r . - - -n F.v, v a y.."'•TgY+`:Y530N3VKY:9$E�Adi=.9tiil�. - are ohled rr4 top- C] herMse , . � . r . ... .. ..• kn kr, .r�b4.Wa47CM•sSTNYVk1d:Rla`i Phone Number optional)' � ......w. Case No. ZA13-084 • �•. � .• +. �aa•awr. t.saa.wvrk.�yu�+q+.;y� . .��..w Fes'•, r.. kli "''s "^Y' %gn+.++RVIrF.+1Mi6I$ ttta n ,ti!bnt•`%3Ftii'Pa� A•xa . .. ., '-•'-"- :..�_ryJ•�'-,ter-','=�,,��. i� . :•r - n ir.. ....n-•�ye.a.-y,;r,ur:�ty�3r'r3k;;:!��if88°!'.� .� es rav uyr•. t. R4wun�,'�{��!fl":3 y'�erFfl9u;C - . .. 1 • Y.I •••i'i NYrli e: yF4"' ' 1 �'/ ,fR� . �• .- --• -.•r^-.•vs.r3r^rKtr^r-.-aa'i'."'..'C�.lg7d e:.".3'A_f&S� Attachment E Page 5 Notification Response Form ZA13-084 Meeting Date: October 3, 2013 at 6:30 PM Huning, Eric A Etux Mary 2145 E Highland St Southlake Tx, 76092 A1049 2J 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 apposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: Date: Printed Name(s): (, � a . . U. , ,-,,, d"ICt Wr ( 4, Ll c1'o j Must be property owner(s) whose name{s) are printed ht top. OthelvAise contact the Planning bepartment. One forrniber property. Phone Number (optional): � i 1- �-6 3 - > 25c3 Case No. Attachment E ZA13-084 Page 6 Nla���yz n� 1. Lot sizes are too small: adjoining land is SF-1A, and these lots are less than Y acre. It is an abrupt change, not the transition that it should be. 2. The lots are too close to flood -prone environmentally sensitive land. Although recent droughts camouflage the swampy nature of that land, extreme amounts of fill will he necessary to lift these homes, and they are so close to ponds that erosion of fill will ruin the existing natural environment. 3. Houses will be so tightly packed together on raised ground that our properties will no longer drain properly. A large amount of water drains downhill to the southeast. There needs to be more room between the houses for drainage. 4. Lots do not have enough street frontage for adequate residential parking. 5. Low -quality lots in close proximity to natural ponds with potential for mosquito -born disease will not attract residents with a long-term ownership view. b. Current plan does not meet the city's zoning purpose stated in Section 1 of "lessen congestion in the streets" and "prevent the overcrowding of land" and "avoid undue concentration of population". Instead it seems to have been designed to meet the bare minimum ofTZD requirements, and not the spirit of them. Case No. Attachment E ZA13-084 Page 7 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-648 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 DESCRIBED AS LOT 1, BLOCK 3, GATEWAY CHURCH — 114 CAMPUS, TRACT 2A4, T. MAHAN SURVEY, ABSTRACT NO. 1049 AND A PORTION OF LOT 1 AND ALL OF LOT 2, HANNA ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 24.67 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "NR-PUD" NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AND "AG" AGRICULTURAL DISTRICT TO "TZD" TRANSITION ZONING 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, Case No. Attachment F ZA13-084 Page 1 WHEREAS, the hereinafter described property is currently zoned as "NR-PUD" Non - Residential Planned Unit Development District and "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a Case No. Attachment F ZA13-084 Page 2 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 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 Case No. Attachment F ZA13-084 Page 3 altered, changed and amended as shown and described below: Being described as Lot 1, Block 3, Gateway Church — 114 Campus, Tract 2A4, T. Mahan Survey, Abstract No. 1049 and a portion of Lot 1 and all of Lot 2, Hanna Addition, City of Southlake, Tarrant County, Texas, being approximately 24.67 acres, and more fully and completely described in Exhibit "A" from "NR- PUD" Non -Residential Planned Unit Development District and "AG" Agricultural District to "TZD" Transition Zoning District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: 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 Case No. Attachment F ZA13-084 Page 4 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. 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 Case No. Attachment F ZA13-084 Page 5 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 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 1st reading the 191" day of November, 2013. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA13-084 Page 6 PASSED AND APPROVED on the 2nd reading the 3rd day of December, 2013. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA13-084 Page 7 *3:I11.11 Wil RESERVED FOR METES AND BOUNDS DESCRIPTION Case No. Attachment F ZA13-084 Page 8 *:/:I11.11 M 1.1 RESERVED FOR APPROVED DEVELOPMENT PLAN Case No. Attachment F ZA13-084 Page 9