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Item 6ECITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT September 9, 2014 CASE NO: ZA14-093 PROJECT: Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition EXECUTIVE SUMMARY: On behalf of Marzell Evans, Wicker & Associates is requesting 2nd reading approval of a Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition on property described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, and located at 335 W. Bob Jones Rd. and 4078 N. White Chapel Blvd., Southlake, Texas. Current zoning: "AG" Agricultural District, Requested zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood # 1. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition from "AG" Agricultural District to "SF-1A" Single Family Residential District to combine the unplatted Tract 14 and a portion of Tract 15, which total approximately 4.6 acres, with the existing Lot 2, R.D. Price No. 992 Addition to create one lot approximately 9.562 acres in size. The existing Lot 2, R.D. Price No. 992 Addition lot is already zoned "SF-1A" Single Family Residential District and there is an existing home on the lot that will remain. Requests for approval of a Preliminary Plat for Lots 2R and 6, R.D. Price No. 992 Addition (ZA14-094) and a Plat Revision for Lot 2R, R.D. Price No. 992 Addition (ZA14-095) have been submitted. Approval of both plats is subject to approval of the Zoning Change and Concept Plan. The associated plats will be considered at the same time the public hearing at 2nd reading for the Zoning Change and Concept Plan is considered. VARIANCE REQUEST: Subdivision Ord. No 483, Section 8.01(C), as amended, does not allow double fronted residential lots. The applicant is requesting a variance to allow the proposed Lot 2R to have frontage on both W. Bob Jones Rd. and N. White Chapel Blvd. ACTION NEEDED: 1) Conduct a public hearing 2) Consider 2nd reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint (D) Revised Concept Plan Review Summary No. 1 dated September 2, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-678 (G) Half Size Plans (for Commission and Council Members Only) Case No. ZA14-093 STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-093 BACKGROUND INFORMATION OWNER: Marzell Evans APPLICANT: Wicker & Associates PROPERTY SITUATION: 335 W. Bob Jones Rd. and 4078 N. White Chapel Blvd. LEGAL DESCRIPTION: Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A 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. -A Special Exception Use for an accessory building greater than the size permitted was granted by the Zoning Board of Adjustment on February 10, 2010 to allow an approximately 4,512 square foot barn to be constructed on the lot. The SF-1A zoning district allows the sum total of all accessory buildings to cover a maximum of 3% of the lot area or 4,000 square feet, whichever is less. Due to the size of the lot in this case, the maximum square footage allowed for all accessory buildings is 4,000 square feet. The addition of any additional accessory buildings or structures on the lot will require Zoning Board of Adjustment approval of another Special Exception Use for accessory buildings greater than the size permitted if the barn is to remain. 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. MASTER THOROUGHFARE PLAN: The 2030 Master Thoroughfare Plans shows N. White Chapel to be a two-lane undivided collector with 70' of right of way and W. Bob Jones Rd. to be a two- lane undivided collector with 60' of right of way. PATHWAYS MASTER PLAN: The 2030 Pathways Master Plan shows a 6' multi -use trail along the south side of W. Bob Jones Rd. and an 8' multi -use trail along the west side of N. White Chapel Blvd. At this time, no new home construction is anticipated. If future development occurs, the City will determine the applicant's requirement to participate in the construction of the sidewalks. WATER & SEWER: This site is currently serviced by a 12" water line in N. White Chapel Blvd. City sewer is not available, so the site will be served by a private septic system. DRAINAGE COMMENTS: Drainage is generally from west to east on the property. TREE PRESERVATION: The proposed lots must comply with the existing tree canopy preservation Case No. Attachment A ZA14-093 Page 1 regulations of the Tree Preservation Ordinance. A Tree Preservation Plan will be required to be submitted at the time new construction occurs. The applicant has stated that no trees will be removed on the property. »e1klkllk[f1e1k1DtIk•]kIIk[0 COMMISSION ACTION: August 21, 2014; Approved (6-0) subject to Concept Plan Review Summary No. 1 dated August 15, 2014 and the staff report dated August 15, 2014 and also granting the variance request as presented. CITY COUNCIL ACTION: September 2, 2014; Approved on consent (7-0) at 1st reading. STAFF COMMENTS: Revised Concept Plan Review Summary No. 1 dated September 2, 2014 is attached. Case No. Attachment A ZA14-093 Page 2 Vicinity Map Lot 2R, R.D. Price No. 992 Addition 0 4429 v 4488 Q m A m N N Q Q J V m W W Q _❑ W O � m Q Q N ❑ A N Q W E_ROB_ ONES_RD 261 340 600 500 360 350 330 300 EQUESTRIAN DR W BOB JOKES-RD 275 400 345 555 � v m ❑ Q 4101 Y � p 4013 LL o J o m � o J p 4009 W N Q N FIELD DR 2 4005 U W o F m Q o N m o o= 4001 KING RANCH RD Z u� m m o pmp � m m N o N N m Q V OM O N N � � N PAVILION DR 0 o m� ;410)8 404504 500Q4p0 M 3 N ZA14-093 114 I S Zoning Change and Concept Plan 11 0 500 1,000 2,000 Feet Case No. Attachment B ZA14-093 Page 1 Zoning Change and Concept Plan ZA14-093 Case No. ZA1 3-093 CONCEPT PLAN LOT 5 4.475 ACRES L Lot 2 is Zoned SF-1 A �i Attachment C Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA14-093 Review No.: One Date of Review: 09/02/14 Project Name: Concept Plan — Lot 2R, R.D. Price No. 992 Addition APPLICANT: Wicker & Associates OWNER: Marzell Evans CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/05/14 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. Split lot zoning is not permitted. Approval of the Zoning Change and Concept Plan is subject to approval and recording of a Plat Revision to create Lot 2R as shown on the Concept Plan/Preliminary Plat. The existing fence along W. Bob Jones Rd. appears to be located in the area that is shown to be dedicated as right of way. If the existing fence is in the area to be dedicated as right of way and it is to remain, an encroachment agreement must be approved by City Council and recorded with the County prior to a plat being recorded that dedicates the right of way. Otherwise, the fence must be relocated out of the right of way prior to a plat being recorded. 3. Provide a metes and bounds description of the approximately 4.6 acres that is being rezoned. 4. Subdivision Ord. No 483, Section 8.01(C), as amended, does not allow double fronted residential lots. The applicant is requesting a variance to allow the proposed Lot 2R to have frontage on both W. Bob Jones Rd. and N. White Chapel Blvd. A variance has been requested. 5. Show and label 40' front lot lines on both street frontages on the Concept Plan/Preliminary Plat. 6. Show conceptual layout of proposed buildable area showing points of connection to pubic rights of way. 7. The proposed lots must comply with the existing tree canopy preservation regulations of the Tree Preservation Ordinance. A Tree Preservation Plan will be required to be submitted at the time new construction occurs. The applicant has stated that no trees will be removed on the property. Provide written documentation stating that no trees will be removed on the site. 8. Place the City case number "ZA14-093" in the lower right corner for ease of reference. 9. Show and dimension the right of way dedication in accordance with the current Master Thoroughfare Plan. Dimensions must either be from center line of apparent existing R.O.W. or full width from across R.O.W. if opposite side has dedicated their half. Public Works/Engineering Review Case No. Attachment D ZA14-093 Page 1 GENERAL COMMENTS: 1. Additional requirements may be necessary with the review of civil construction plans, if any are required. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: httr)://www.citvofsouthlake.com/index.asr)x?NID=266 EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15' minimum and located on one lot — not centered on the property line. A 20' easement is required if both storm sewer and sanitary sewer will be located within the easement. Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SANITARY SEWER COMMENTS: 1. Public sanitary sewer system is not provided to this area and residence will require private septic system. Water lines cannot cross property lines without being in an easement or right of way. Water meters and fire hydrants shall be located in an easement or right of way. DRAINAGE COMMENTS: Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 1k1;101NLyi/_lIEel kVAW6191Ly,ILyilEll k111&1 A right of way 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. Any hazardous waste being discharged must be pretreated per Ordinance No. 836. * = Denotes informational comment. Fire Department Review 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 Case No. Attachment D ZA14-093 Page 2 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 (See attached exhibit for approved turnarounds). FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid. Fire hydrants exist less than 1000 feet from most portions the property at the intersections of N. White Chapel Blvd. and W. Bob Jones Rd. and N. White Chapel Blvd. and the entrance to Bob Jones Park. The southwest corner of the property appears to be more than 1000 feet from an existing fire hydrant, so construction of a residence in that area will require installation of an additional fire hydrant. General Informational Comments A Special Exception Use for an accessory building greater than the size permitted was granted by the Zoning Board of Adjustment on February 10, 2010 to allow an approximately 4,512 square foot barn to be constructed on the lot. The SF-1A zoning district allows the sum total of all accessory buildings to cover a maximum of 3% of the lot area or 4,000 square feet, whichever is less. Due to the size of the lot in this case, the maximum square footage allowed for all accessory buildings is 4,000 square feet. The addition of any additional accessory buildings or structures on the lot will require Zoning Board of Adjustment approval of another Special Exception Use for accessory buildings greater than the size permitted if the barn is to remain. The following section from Zoning Ordinance No. 480, Section 34.1(d) pertains to the keeping of grazing animals in the RE, SF-1 A, SF-1 B, SF-2 zoning districts where the where the lot contains the same minimum square footage required in the SF-1A and SF-1B districts: Zoninq Ord. No. 480, Section 34.1(d), as amended Private stables, including boarding of horses, in areas other than the Agricultural District for the keeping of grazing animals, provided (As amended by Ord. 480-MMM): 1. Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way become a health hazard or nuisance to humans or animals. 2. Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises. 3. The minimum space area upon which such grazing animal(s) may be enclosed, including pasture, pens, corrals, and stables, shall not be less than fifteen thousand (15,000) square feet per each grazing animal over five hundred (500) pounds and not less than five thousand (5,000) square feet for any other grazing animal. Case No. Attachment D ZA14-093 Page 3 4. All enclosed sheds and stables for animals as provided under the terms of this subsection shall be placed a minimum of twenty-five (25) feet from the boundary of any adjoining lot or tract which is zoned in a residential category while fences and corrals may be placed at the property line (As amended by Ord. 480-MMM). 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. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. The applicant should be aware that prior to issuance of a building permit a 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, Roadway Impact Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Denotes Informational Comment Case No. Attachment D ZA14-093 Page 4 Surrounding Property Owners 335 W. Bob Jones Rd. and 4000 and 4078 N. White Chapel Blvd W 0 v ro f 2 J � w v � u¢i E BO ANES 2s0 261 225 235 275 340 0 500 3 350 3JEQUESTRIAN R PARK RD) 275 400 5 335 555 4101 229 245 401 4009 v N RTH FIELD DR (PARK RD) J 4005 m J o IL 4001 RANCH RD Q z PAVILION DR s (PARK RD) o rn� Owner Zoning Address Acreage Response 1. GRIGSBY, MARIE W RE WHITE CHAPEL 10.45 NR 2. SPECTRA LAND LP SF1-A BOBJONES 11.73 NR 3. SPECTRA LAND LP SF1-A BOBJONES 5.33 NR 4. SPECTRA LAND LP SF1-A 29-D BOBJONES 5.00 NR 5. SPECTRA LAND LP SF1-A 350 BOBJONES 1.02 NR 6. GRIGSBY, MARIE W AG WHITE CHAPEL & BOB JONES (SWC) 1.35 NR 7. EVANS, MARZELL F AG BOBJONES 5.34 NR 8. EVANS, MARZELL F AG BOBJONES 3.71 NR 9. EMMER, DANIEL P SF1-A 345 BOB JONES 4.64 F 10. WILLIAMS, RUDOLPH C & DEL- METRI SF1-A 100 KING RANCH 0.94 NR 11. BAKER, KIMBERLEY A & PATRICK A SF1-A 104 KING RANCH 1.02 NR 12. COTE, MICHAEL P & SUNISA BERRY COLE SF1-A 108 KING RANCH 1.00 NR 13. MORGAN, KEVIN T & STACY A SF1-A 200 KING RANCH 1.04 NR 14. MEGWA, ERONINI & SUSAN SF1-A 204 KING RANCH 1.01 NR 15. CARDINALI, ERIC & DEBORA SF1-A 208 KING RANCH 1.02 NR 16. WRIGHT, SHATARA SF1-A 300 KING RANCH 1.03 NR 17. SIMPSON, WILLIAM R SF1-A 304 KING RANCH 1.01 NR Case No. Attachment E ZA14-093 Page 1 18. SPENCER, KEITH & TERESA SF1-A 308 KING RANCH 0.99 NR 19. MAHONE, MATTHEW J & LEIGH ANNE SF1-A 4000 WHITE CHAPEL 5.43 NR 20. SOUTHLAKE, CITY OF AG 9.63 NR 21. SOUTHLAKE, CITY OF AG WHITE CHAPEL 79.26 NR Responses: F: In Favor Notices Sent: Twenty-one (21) Responses Received: One (1) O: Opposed To U: Undecided NR: No Response Case No. Attachment E ZA14-093 Page 2 Notification Response Form ZA14-093 Meeting Date: August 21, 2014 at 6:30 PM EMMER, DANIEL P 346 W BOB JONES RD 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 proposed Zoning Change and Concept Plan referenced above. Space for comments regarding your position: ND ks5u6 W 7tk 7V< 2MI" cpAN6E 1756LF t 0,E 6* Zl\6 Q{GIAT 7'0 06zot,f FA A'S z'o Atv Act &ZAbL15 7-GuW6 reA MAAN . uulp 16 R-62--N 0 l EEN Ate 76 rFIA W6 LkM TaLh uE ft zo 440 awtj6Z.�I` tP FR ak TW CX-?J-t c c 71kE P—SO BACK. 30r . W lO)a " ""6D 7a AAW CA) P— t7 L-4 -co 66 ik-ve bhcc- t D (W-cl , UfWzE IZU W B3 ro 5mkt` p-z 6UE Rom► . Signature: % n'^o . P � . Date: Additional Signature: Date: Printed Name(s): D AW6 L P 61A MK Must be propertyowner(s) whose name(s) are printed at top. OtharMsa contact the Planning Departrmt, One form per property. Phone Number (optional): q7X- 571- (v5a5 Case No. Attachment E ZA14-093 Page 3 Case No. Attachment E ZA14-093 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-678 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 TRACT 14 AND A PORTION OF TRACT 15, R.D. PRICE SURVEY, ABSTRACT NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, BEING APPROXIMATELY 4.6 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 ZA14-093 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 ZA14-093 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 Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, being approximately 4.6 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 ZA14-093 Page 3 following conditions: Motion at City Council 1st reading on September 2, 2014: Approved on consent (7-0) at 1st reading. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment F ZA14-093 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. Case No. Attachment F ZA14-093 Page 5 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 2nd day of , 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2014. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA14-093 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-093 Page 7 EXHIBIT "A" Being described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A, City of Southlake, Denton County, Texas, being approximately 4.6 acres, and more fully and completely described below: Reserved for metes and bounds description Case No. Attachment F ZA14-093 Page 8 EXHIBIT "B" Reserved for approved concept plan Case No. Attachment F ZA14-093 Page 9