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Item 7ACITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT April 25, 2014 CASE NO: ZA14-033 PROJECT: Zoning Change and Concept Plan for 1715 Our Lane EXECUTIVE SUMMARY: Imad Yamout is requesting approval of a Zoning Change and Concept Plan for 1715 Our Lane on property described as Tracts 2B and 2133, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, and located at 1715 and 1741 Our Lane, Southlake, Texas. Current zoning: "AG" Agricultural District. Proposed zoning:"SF-1A" Single Family Residential District. SPIN Neighborhood # 5. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan from "AG Agricultural District to "SF-1A" Single Family Residential District to allow construction of a new home on the property. An application for a one -lot plat showing, which can be administratively approved, has also been submitted. 1VIANFe1kIs] ;I REQUESTED: A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a public or private street, is requested. Our Lane is currently a private street that doesn't meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding private streets. The applicant is requesting a variance to allow the lot to front on Our Lane as it currently exists and has submitted a letter agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. An 8" water line will be installed to City standards from Randol Mill to the northwest corner of the property by the property owner or builder prior to issuance of a building permit. The Concept Plan also shows the required 30' roadway and utility easements on the subject property and on the property to the south that abuts Randol Mill Ave. that are to be dedicated to the City prior to acceptance of the water line. b. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow emergency vehicles to respond to emergencies. The applicant has also agrees to the additional stipulations that the Planning and Zoning Commission included in their motion to recommend approval of the item, which are as follows: The applicant will repair the roadway to City standards after installation of the 8" water line such that emergency vehicles can access it. Case No. ZA14-033 ACTION NEEDED ATTACHMENTS STAFF CONTACT: 2. The applicant will not disrupt or damage the existing 2" water line and agrees to repair it if damage does occur. Due to recorded opposition from the adjacent property owners to the north, a supermajority vote will be required at 2nd reading unless those property owners remove their opposition prior to the vote at that meeting. Consider 1st reading approval of a Zoning Change and Concept Plan (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Revised Concept Plan Review Summary No. 3 dated April 25, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-665 (G) Full Size Plans (for Commission and Council Members Only) Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-033 BACKGROUND INFORMATION :t9] Ell :4W&I1110'rilIEel kFrirAN'1i30W MOM LEGAL DESCRIPTION: Tracts 2B and 2133, William H. Martin Survey, Abstract No. 1068 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-1A" Single -Family Residential District HISTORY: - The property was annexed into the City in 1987 and given the "AG" Agricultural zoning designation. -An existing mobile home was removed from the property between 2007 and 2009 according to aerial photography. SOUTHLAKE 2030 PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to "SF-1A" Single Family Residential District is consistent with this land use designation. PATHWAYS MASTER PLAN: The subject property is exempt from the sidewalk requirement because sidewalks do not exist on both sides of the lot and the lot is not located within 1500' of a public or private school on the same side of the street. WATER & SEWER: This site is currently serviced by a 2" water line along Our Lane. An 8" water line meeting City standards from Randol Mill Ave. to the northwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. City sewer is not available, so the site will be served by a private septic system. DRAINAGE COMMENTS: Drainage is generally to the north and east. A grading plan will be required prior to issuance of a building permit. TREE PRESERVATION: Approximately 79.52% of the existing tree canopy is shown to be preserved, which meets the requirements of the Tree Preservation Ordinance. CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case. PLANNING AND ZONING COMMISSION ACTION: April 17, 2014; Approved (4-0) subject to the Concept Plan Review Summary No. 3, dated April 11, 2014, further subject to the staff report dated April 11, 2014, and granting the variance requested subject to the applicant's willingness to install the 8" water line meeting City standards from Randol Mill Ave. to the northwest corner of the property, further subject to the applicant's willingness to dedicate a 30' roadway and utility easement, further subject to the applicant's willingness to repair and maintain Our Lane, first to repair the roadway to City standards after installation of the 8" Case No. Attachment A ZA14-033 Page 1 water line such that emergency vehicles can access it and also noting the applicant's acknowledgement that the City will not be maintaining Our Lane, and further noting that if the 2" water line is on the east side of the road as opposed to the west side of the road, the applicant's willingness to not disrupt that line and to prevent damage to that line and to repair it if damage does occur. STAFF COMMENTS: Revised Concept Plan Review Summary No. 3 dated April 25, 2014 is attached. A plat showing must be processed and recorded prior to issuance of any building permits. A one lot plat showing can be approved administratively. Case No. Attachment A ZA14-033 Page 1 Vicinity Map 1715 and 1741 Our Ln. Z J D O EEPY HOLL ZA 14-033 REGAO Zoning Change Nand Concept Plan 0 262.5 525 1,050 w F Feet Case No. Attachment B ZA14-033 Page 1 Letter requesting a Variance to Subdivision Ordinance No. 483 Section 8.01 A Case No.: ZA14-033 APPLICANT: ]mad Yamout PROJECT SITE: 1715 Our Lane. 2200 Long Shadow Ct., Colleyville, TX 75034. Phone:(817) 732-3455. Email:imady@hotmail.com To City of Southlake, I, Imad Yamout, am requesting a Variance to Subdivision Ordinance No. 483, Section 8.01(A), as amended, and agreeing to the conditions that have been piaced on other lots that have been approved on Our Lane, which are as follows: a. An 8" water line meeting City standards from Randoi Mill to the Northwest corner of the property will be installed by the property owner or builder prior to issuance of a building permit. b. I acknowledge that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. Thank you, Imad Ya out Case No. Attachment C ZA14-033 Page 1 GM D. 0.0 D.R.T.C.T. Concept Plan I I #'tZZ14& �. I S?'R9CT NO �068EY 0.0 I I Jo9H sIHT1iY WL 1HIIz• Rn. vu D.R.rc.r. L.U.D- Low DwWty ReedenWl Zw,%n AG I I RE5IDEHGG 15 •ARALLB. TO T1i16twrwtt LIHE a ________ E C. 9RDWH W". PG. ILQ1 `Z1 I CARACyE tzsl wRuw Hu nri HD. lase j • ] p rn $ a. � I � I ¢ Q woma+ s sPENCD+ ? c C cr WL s 51. PG. 712 I 13z DR.T.C.T. I I ! I o L.U.D.- Law Den0y RecI-1. Zoninp=SF1-A m j zo• e1 a boo —L — — ----- --s• asx a ---------- POINT OF TI — — — —r . • us— — — — — I wS'-z}• Sig 14 BEGINNING IQ TA' -ID ' g I CORY NOLEN i n I Ig =Sg I HLLW Na. 100 un. n 9zoe RsuOE 8 j I i� I L.U.D.=Low Density ResOential � � _. ZaninO= SF20A I I I 9 BDtYlHENDER 1. v0L 361, RC. )H9 O.R.T.C.T. I I I I I i j I Iw. wrto •'-- j I Tao TO E TIHf AAM, LINO — — ------------- — — RANDOL MILL _ _ WL 1SDSP9. 11 {) JOSH D.RT.GT. LU, D: Low D—fty R9aken9al Z IN -AG LOT 8 i a o 1.366 ACRES I m: OERraELI RURCEss WL S1JJ, PC. 591 10.R.i.C.T. I R I m a Low Denoily Rnid. tlal Zo v, AG --'-------- 373.17I _ 'p_b� q SCHIM9EL, GARY& LORI LDT I I LDMIIE WlLAH9 Hszwl Hsmu HD. ION i WL s{&S. K. 791 ADDIRDH �j OR.T C.T CAS A 9LDE 1TC! PXT.GT. Lox Denary ResiCW"I L.U.D.=Low Denairy Retltlan991 'q zo'N:-AG Zeni19= SF30 ZA 14-033 Case No. Attachment C ZA14-033 Page 2 Tree Conservation Plan trees to remain :ro o so so so Tree Conservation Plan •trees to be removed 1715 Our lane, scale I" — 30' Southlake, Texas trees to remain if possible ZA 14-033 Case No. Attachment C ZA14-033 Page 3 Case No.: ZA14-033 REVISED CONCEPT PLAN REVIEW SUMMARY Review No.: Three Project Name: Concept Plan — 1715 Our Ln. APPLICANT: Imad Yamout 2200 Long Shadow Ct. Colleyville, TX 76034 Phone: (817) 732-3455 E-mail: imady@hotmail.com Date of Review: 04/25/14 ARCHITECT: Skip Blake Blake Architects 1202 S. White Chapel Blvd. Southlake, TX 76092 Phone: (817) 488-9397 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/24/14 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. As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch water line meeting City standards must be constructed to the northwest corner of the property. Construction of the water line shall be required prior to issuing building permits and the water line must be in a dedicated easement. Dedication of a 30' Roadway and Utility Easement by separate instrument from the property owner of 1730 Randol Mill will be required prior to acceptance of the 8" water line across that property and a 30' Roadway and Utility Easement is to be dedicated on the plat for 1715 Our Ln. 2. Approval of a variance is required to allow the lot to not front on a public street. A letter has been submitted requesting a Variance to Subdivision Ordinance No. 483, Section 8.01(A), as amended, agreeing to the conditions that have been placed on other lots that have been approved on Our Lane, which are as follows: a. An 8" water line will be installed to City standards from Randol Mill to the northwest corner of the property by the property owner or builder prior to issuance of a building permit. The Concept Plan also shows the required 30' roadway and utility easements on the subject property and on the property to the south that abuts Randol Mill Ave. that are to be dedicated to the City prior to acceptance of the water line. a. The applicant acknowledges that the City will not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a level that will allow fire trucks to respond to emergencies. The applicant has also agrees to the additional stipulations that the Planning and Zoning Commission included in their motion to recommend approval of the item, which are as follows: The applicant will repair the roadway to City standards after installation of the 8" water line such that emergency vehicles can access it. 2. The applicant will not disrupt or damage the existing 2" water line and agrees to repair it if damage does occur. Case No. Attachment D ZA14-033 Page 1 Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 1. Please provide on the Tree Conservation Plan) the existing percentage of tree coverage in addition to the percent of existing tree cover to be preserved. The minimum tree cover to be preserved is listed in the table below: Table 2.0 —Existing Tree Cover Preser ition Reouii'emetits Pernenlage of exislirrg tree, cover on i#e, entire site ,lAlhihnum percenlgge' of lhtr ewis ing Iree fTr0ver to be lreseY7,ed * /f� 20.1 — 40% 60% 40.1 ° o - 60% 50° a 60.1 ° u - 80% 40° o 8 0. 1 % - 100°10 30% *The rrrunwaarrrr Percentage of existing tree cover to he preserved shall erclarr/e ❑rn area in parbIic rights-of-wav as cipproved by C.'it► Council. Public Works Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS Our Lane is a private street that does not meet the requirements of a public local street and acknowledgement that the City will not maintain the street shall be required. (A letter has been provided). City sewer service is not available in this area. A septic sewer system will be required to serve this property. Use the City of Southlake GPS monuments whenever possible. Information can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15- foot minimum and located on one lot — not centered on the property line. A 20-foot easement is required if both storm sewer and sanitary sewer will be located within the easement. Water and sewer lines shall not cross property lines without being in a public easement or in the right-of-way. All water and sewer lines in easements or right-of-way must be constructed to city standards. WATER COMMENTS Case No. Attachment D ZA14-033 Page 2 As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch water line meeting City standards must be constructed to the northwest corner of the property. Construction of the water line shall be required prior to issuing building permits and the water line must be in a dedicated easement. Dedication of a 30' Roadway and Utility Easement by separate instrument from the property owner of 1730 Randol Mill will be required prior to acceptance of the 8" water line across that property and a 30' Roadway and Utility Easement is to be dedicated on the plat for 1715 Our Ln. The required easements to be dedicated are shown on the Concept Plan. 2) The waterline shall be constructed to City Standards. Refer to Standard Construction Details Sheet SD-8 for embedment details for waterlines constructed under pavement. Waterlines under pavement require cement treated sand (CTS) as shown on the detail. 3) A fire hydrant will be required at the end of the 8-inch line to allow for a blow off at the end of the dead end line until it can be extended in the future. 4) The existing 2" waterline located on the east side of Our Lane shall remain in place. Any damage to the waterline shall be the responsibility of the Developer to repair. Water services shall not cross lot lines. Water meters shall be located in an easement or in the right-of-way. Water lines shall not cross property lines without being in an easement or right-of-way. GRADING AND DRAINAGE COMMENTS Provide a grading plan which includes drainage arrows and 2' or 5' contours. Contours may be obtained from the City of Southlake. The discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance # 605. Driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. An 18-inch minimum concrete culvert is required. INFORMATIONAL COMMENTS: Submit 4 copies of the civil construction plans, 22" X 34" scalable full size sheets and a completed Construction Plan Checklist as part of the first submittal for review directly to the Public Works Administration Department. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp 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 Residential Developer Agreement (RDA) shall be required for this development. The RDA may require approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements will require review and shall be released for construction by Public Works prior to placing the RDA on the City Council agenda for consideration. Any hazardous waste being discharged must be pretreated Ordinance No. 836. For projects containing diversion or impoundment the following note should be placed in the final Case No. Attachment D ZA14-033 Page 3 plat: Compliance with the provisions of the City's Storm Drainage Policy does not relieve a person of the responsibility of complying with all other applicable laws, including, but not limited to, Section 11.086, Texas Water Code. Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal (817) 748-8671 E-mail: kclementsa-ci.southlake.tx.us GENERAL COMMENTS: An 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. IaIN;a:VillQ:7e1ki11111111d91LY,I►YilEll ki111&1 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. Informational Comments: The SPIN representative did not recommend a SPIN meeting for this project A plat must be filed with the County prior to issuance of a building permit. Approval of the zoning change and concept plan is subject to approval of a one -lot plat showing that creates a lot meeting the minimum one acre minimum lot size in the SF-1A zoning district. 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. Case No. Attachment D ZA14-033 Page 4 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 concept plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA14-033 Page 5 Surrounding Property Owners 1715 Our Lane REEK 1870 1860 q 1606 1608 1610 1880 1850 REGALOAKS p6p3 1600 �Op�s 1605 1607 1609 RE 6p1 w oocoLLI N dol Mill 208 Randol Mill 1801 1829 J r Lo r r r N N N r n O rn _ C)p T r co N m 1 CNO CNO (NO (Mp CMO17301710 1712 1740 17 01701 o O o Or- o1720 N1740 71710 1750 1718 voO N17140m 1720 1730 CO V N N � O M O O O O � O N N N M M M O V O d' V O Owner Zoning Address Acreage Response 1. Seals, James Etux Nelda AG 1812 RANDOL MILL AVE 1.00 NR 2. Johnson, Scott A AG 1851 OUR LN 0.60 NR 3. Johnson, Scott A AG 1847 OUR LN 0.54 NR 4. Johnson, Scott A AG 1833 OUR LN 0.57 NR 5. Quinn, Andrew Preston AG 1810 RANDOL MILL AVE 0.91 NR 6. Shatley, Josh Lou AG 1846 Our Ln 0.55 O 7. Burger, Gene AG 1828 OUR LN 0.08 NR 8. Shatley, Josh AG 1734 OUR LN 0.61 O 9. Shatley, Josh Lou AG 1846 Our Ln 0.48 O 10. Ankerson, Lee Etux Adrianne AG 814 OUR LN 11. Burgess, Derrell & Martha Jo AG 1790 RANDOL MILL AVE 0.80 NR 12. Yamout, Imiad Etux Basma AG 1741 OUR LN 0.48 NR 13. Yamout, Imiad Etux Basma AG 1715 OUR LN 0.83 NR 14. Breisch, Bruce C AG 1724 OUR LN 0.11 NR 15. Williams, Lonnie C Etux Glenda AG 1760 RANDOL MILL AVE 1.04 NR 16. Schimmel, Gary Etux Lori SF30 1740 RANDOL MILL AVE 0.81 NR Colen, Cory & Jami Nolen SF20A 1730 RANDOL MILL AVE F 18. Burger, Gene AG 1830 OUR LN 0.03 NR 19. Breisch, Bruce C AG 1728 OUR LN 0.22 NR 20. Spencer, Kathleen E SF1-A 1742 OUR LN 0.95 NR 21. Chidiac, Michael & Karen SF1-A 1829 OUR LN 1.46 NR 22. London, Ronnal SF1-A 2000 MORGAN RD 1.63 NR 23. McGovern, Michael T Etux Lisa SF1-A 1701 RANDOL MILL AVE 1.11 F Case No. Attachment E ZA14-033 Page 1 24. Henderson, Berwyn Etux Gloria AG 1720 RANDOL MILL AVE 0.75 NR 25. Shatley, Josh Lou AG 1846 OUR LN 0.47 O Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-five (25) Responses Received: Three (3) — attached plus one comment card in favor submitted at the April 17, 2014 P&Z meeting. Case No. Attachment E ZA14-033 Page 2 Notification Response Form ZA14-033 Meeting Date: April 17, 2014 at 6:30 PM Shatley, Josh 8900 Davis Blvd Keller Tx 76248 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main st; Ste 310 Southlake, TX 76092 Phone: (817)748-6621 Fax: (817)748-807'7 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 �_opposeundecided about unJeSS tkiE: iSSVeS (circle or underline one) 5-ra.tc:_-,d, eciociADZe. the proposed Zoning Change and Concept Plan referenced above. Aa9rnS5C4. Space for comments regarding your position: Z%�_ or Signature: Additional Signature: Printed Name(s): (Jan - Must be property owner(s) whose names) are printed at top. noise bontact the Phone Number (optional): WE I 1i1. M-.A Date: Date: 0 �4 if One fofm per property. Case No. Attachment E ZA14-033 Page 3 Notification Response Form ZA14-033 Meeting Date: April 17, 2014 at 6:30 PM Colen, Cory & Jami Nolen 1730 Randol Mill Ave Southlake Tx 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the-e s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: Additional Signature: Date: Date: Printed Name(s): Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA14-033 Page 4 Notification Response Form ZA14-033 Meeting Date: April 17, 2014 at 6:30 PM McGovern, Michael T Etux Lisa 1701 Randol Mill Ave Southlake Tx 76092 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 p ed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: Signature: / Date: Additional Signature: Date: Printed Name(s): 411 * M6.6llge� Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA14-033 Page 5 2Aty-o PLEASE REGISTER WITH THIS CARD TO SPEAK TO THE PLANNING AND ZONING COMMISSION REGARDING ANY ITEM ON THE AGENDA Please print and return to the P&Z Secretary. Agenda Item #: nn � K Date: � Name: 1� ��� �� �� �C-n��7'�- Kam, l Address: _ I � l L � e,-- L—n I will speak IN SUPPORT of this item. I will speak IN OPPOSITION to this item. _ I do not wish to speak, but please record my: SUPPORT OPPOSITION Citizen Comments (for item on the agenda) Case No. Attachment E ZA14-033 Page 6 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-665 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 2B AND 2133, WILLIAM H. MARTIN SURVEY, ABSTRACT NO.1068, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.366 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural Case No. Attachment F ZA14-033 Page 1 District under the City's Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment F ZA14-033 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 2B and 2B3, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 1.366 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-1A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the Case No. Attachment F ZA14-033 Page 3 following conditions: 1. Planning and Zoning Commission Motion April 7, 2014: Approved (4-0) subject to the Concept Plan Review Summary No. 3, dated April 11, 2014, further subject to the staff report dated April 11, 2014, and granting the variance requested subject to the applicant's willingness to install the 8" water line meeting City standards from Randol Mill Ave. to the northwest corner of the property, further subject to the applicant's willingness to dedicate a 30' roadway and utility easement, further subject to the applicant's willingness to repair and maintain Our Lane, first to repair the roadway to City standards after installation of the 8" water line such that emergency vehicles can access it and also noting the applicant's acknowledgement that the City will not be maintaining Our Lane, and further noting that if the 2" water line is on the east side of the road as opposed to the west side of the road, the applicant's willingness to not disrupt that line and to prevent damage to that line and to repair it if damage does occur. 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 Case No. Attachment F ZA14-033 Page 4 avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. SECTION 5. 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 Case No. Attachment F ZA14-033 Page 5 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 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 day of , 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2014. Case No. Attachment F ZA14-033 Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-033 Page 7 EXHIBIT "A" Being described as Tracts 2B and 2133, William H. Martin Survey, Abstract No. 1068, City of Southlake, Tarrant County, Texas, being approximately 1.366 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA14-033 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA14-033 Page 9