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Item 4ICITY OF S0UTHLA1<,.,E Department of Planning & Development Services STAFF REPORT November 24, 2014 CASE NO: ZA14-135 PROJECT: Zoning Change and Concept Plan 400 W. Highland St. EXECUTIVE SUMMARY: On behalf of Doreen Bruton, DeOtte Engineering, Inc. is requesting approval of a Zoning Change and Concept Plan for 400 W. Highland St. on property described as Tract 8D2, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 400 W. Highland St., Southlake, Tarrant County, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF-30" Single Family Residential District. SPIN Neighborhood # 5. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan for 400 W. Highland St. from "AG" Agricultural District to "SF-30" Single Family Residential District to relocate an existing home at 220 W. Highland St. to the property. An existing approximately 900 square foot barn at the rear of the property is to remain. The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 34,468 square foot (0.79 acre) lot to be rezoned to "SF-30" while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. VARIANCE REQUEST: Driveway Ordinance No. 634, Section 5.1 requires a minimum driveway spacing along a collector of forty (40) feet. The applicant is requesting a variance to allow a driveway spacing of approximately thirty-one (31) feet to the driveway to the west along W. Highland St. ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information — Link to PowerPoint Presentation (D) Concept Plan Review Summary No. 3 dated November 24, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-688 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. ZA14-135 BACKGROUND INFORMATION OWNER: Ride With Pride, Inc. (Doreen Bruton) APPLICANT: DeOtte Engineering, Inc. PROPERTY SITUATION: 400 W. Highland St. LEGAL DESCRIPTION: Tract 8D2, Thomas M. Hood Survey, Abstract No. 706 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural Zoning District REQUESTED ZONING: "SF-30" Single -Family Residential District HISTORY: -The property was annexed into the City in 1957 and given the "AG" Agricultural zoning designation. ��•l�j 9:I we1:/ wlixf, PLAN: The underlying land use designation is Low Density Residential. The request to change the zoning to "SF-30" Single Family Residential District is not consistent with this land use designation, but the applicant is requesting to allow the rezoning to "SF-30" while retaining the Low Density Residential designation since the existing tract is not being further subdivided. MASTER THOROUGHFARE PLAN: The 2030 Master Thoroughfare Plans shows W. Highland St.to be a two-lane undivided collector with 70' of right of way. The applicant is dedicating right of way dimensioned to 35' from the centerline. PATHWAYS MASTER PLAN: The 2030 Pathways Master Plan shows a <8' sidewalk along the south side of W. Highland St. The applicant will not be required to install a sidewalk since the lot is being platted as a single lot of record. WATER & SEWER: This site is currently serviced by a 12" water line in W. Highland St. City sewer is available to the lot from the north through the Highland Oaks subdivision. DRAINAGE COMMENTS: Drainage is generally from south to north on the property. TREE PRESERVATION: The proposed Tree Preservation Plan complies with the existing tree canopy preservation regulations of Tree Preservation Ordinance No. 585-D. The Tree Preservation Ordinance requires a minimum of 60% of the existing tree canopy to be preserved and approximately 86% of the existing canopy is shown to be preserved. One tree is shown to be removed to allow for the existing home at 220 W. Highland St. to be relocated to the property. »e1klkllk[evil k11tIC•]kIIk[0 COMMISSION ACTION: November 20, 2014; Approved (7-0) subject to Concept Plan Review Summary No. 2 dated November 13, 2014, subject to the staff report dated November 14, 2014, granting the variance request to the Driveway Ordinance spacing Case No. ZA14-135 requirement as presented, also noting for the record that while we are granting this zoning change to SF-30, we are retaining the Low Density Residential land use designation since the existing tract is not being further subdivided. STAFF COMMENTS: The applicant is scheduled to go before the Zoning Board of Adjustment on December 11, 2014 to request approval of a variance to the minimum lot width in the "SF-30" zoning district, which is 100'. The variance request is to allow the existing lot width of approximately 89.82'. Concept Plan Review Summary No. 3 dated November 24, 2014 is attached. Case No. Attachment A ZA14-093 Page 1 Vicinity Map 400 W. Highland 320 316 312 3a8 3aa 21 W- 5outhlake Boulevard SE LN 311 309 305 301 pry' k V T ,- 321 317 313 a, 498 � r � 1 488 CIS] 0 34a 320 310 30 440 494 48a I G H LAB! D ST �25 479 459 339 335 ZA14-1 5 Zoning Change `3 and Concept Plan 0 100 200 400 600 gee. Case No. Attachment B ZA14-135 Page 1 ZONING CHANGE NARRATIVE LETTER ®D EO 1 TES 11N ( .. (I\'IL ENG-INEERLNG November 14, 2014 2014119-00 Mr. Ken Baker, Director Mr. Dennis Killough, Deputy Director Planning and Development Services City of Southlake 1400 Main Street, Suite 310 Southlake, Texas 76092 RE: 400 West Highland Street Gentlemen: On behalf of the Owner, Ride With Pride, Inc., we are pleased to present for your consideration a proposed 0.79 acre residential lot on West Highland Street. We are asking for a change in zoning from agricultural (AG) to SF-30 Single Family Residential District. The propertyis currentlyan undeveloped lot. The City of Southlake Future Land Use Plan recommends this area be developed with Low -Density Residential use. Although the lot is not entirely consistent with the Low Density Residential requirement of a net density of one or fewer units per acre, the property is a single lot that is not proposed to be subdivided. We request this single lot be allowed to be rezoned to SF-30 while retaining the Low Density Residential land use designation. Statement of Intent and Purpose: The intent of this zoning request is to enable the construction of a single family detached home on this existing lot. In order to obtain a building permit, the lot is required to be platted, which requires the property to be rezoned. Should you have any questions or require any additional information, please contact me. Sincerely, Clayton T. Redinger Vice President PHONE (817) 337.8899 420 JOHNSON ROAD; SurrE 303, KE.LLER, TEXAS 76248 FAX (817) 337-5133 Case No. Attachment C ZA14-135 Page 1 CONCEPT/TREE PRESERVATION PLAN C�ra rN M se� ��� RTF�NXM�IL NSIttNF51BFT1IlAL I E. -----�----- ----� ------ ------ ----- 1-77!1`11 �^ \ Ride With Pride, Inc. LOT 1, 04oCK v `q00 gg WEST HI NIANI cr \ o�mm I o os,R� rl-n K RO RT [ PNX MPPJL FNSIttRF51BFNTIPI , 11 «n BLOCK I _TT e1l o oaKs � I 3 ' l Case No. Attachment C ZA14-135 Page 2 VARIANCE REQUEST LETTER 400 WEST HIGHLAND CITY CASE # ZA14-135 Requested Variances The following variances are requested within the 400 West Highland boundaries: 1. Variance to the Driveway Ordinance reducing the minimum driveway spacing between residential driveways along a collector from forty (40) feet to thirty-one (31) feet. Case No. Attachment C ZA14-135 Page 3 Case No.: ZA14-135 CONCEPT PLAN REVIEW SUMMARY Review No.: Three Project Name: Concept Plan — 400 W. Highland St. APPLICANT: Clayton Redinger DeOtte, Inc. 420 Johnson Rd. Ste. 303 Keller, TX 76248 Phone: (817) 337-8899 E-mail: claytonredinger@deotte.com Date of Review: 11/24/14 OWNER: Doreen Bruton Ride with Pride, Inc. 480 W. Highland St. Southlake, TX 76092 Phone: (817) 999-8332 E-mail: rwpincl@aol.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/24/14 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) 748-8602. Driveway Ordinance No. 634, Section 5.1 requires a minimum driveway spacing of 40' between residential driveways on a collector. The driveway on the property to the west is spaced at approximately 31' 6" from the existing driveway on the subject property. A variance request letter has been submitted. Provide emergency vehicle access in compliance with the City Fire Code. Provide a minimum 30' inside curve radii at the driveway approach. 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 85,000 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. 3. The existing barn on the property is approximately 900 square feet in size, which exceeds the 750 square foot maximum for the sum total of all accessory buildings that is allowed in the SF-30 zoning district. The barn will become a nonconforming structure with approval of the zoning change. 4. The proposed Tree Preservation Plan complies with the existing tree canopy preservation regulations of Tree Preservation Ordinance No. 585-D. The Tree Preservation Ordinance requires a minimum of 60% of the existing tree canopy to be preserved and approximately 86% of the existing canopy is shown to be preserved. One tree is shown to be removed to allow for the existing home at 220 W. Highland St. to be relocated to the property. Tree Conservation/Landscape Review Case No. Attachment D ZA14-135 Page 1 E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Please consider the possible addition of future improvements such as a pool or accessory structures and revise the Tree Conservation Plan if necessary to show trees in those locations as "Marginal" or "To Be Removed". Public Works/Engineering Review Om Gharty Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetriB-ci.south lake.tx.us GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 EASEMENTS: Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an 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. hi%1tI;1:7e1kiIQ&,]ATM;I:Kole]iyiIiyiI;1q&13 The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. Case No. Attachment D ZA14-135 Page 2 Clearly label all public and private sanitary sewer lines. Sanitary sewer in easements or right of way shall be constructed to City standards. CZT111ki/_TIrlAlois] iyiIiyiIAq&13 Driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 1ki1;101Nkyi Fit IIs] 01/_1 W9191iyiliyilA0111&13 Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. 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 Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre - construction, construction and post -construction erosion control measures. 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. A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. Any hazardous waste being discharged must be pretreated per Ordinance No. 836. General Informational Comments The applicant is scheduled to go before the Zoning Board of Adjustment on December 11, 2014 to request approval of a variance to the minimum lot width in the "SF-30" zoning district, which is 100'. The variance request is to allow the existing lot width of approximately 89.82'. All mechanical equipment must be screened of view from rights -of -way 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. 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 Showing 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. Case No. Attachment D ZA14-135 Page 3 * Denotes Informational Comment Surrounding Property Owners 400 W. Highland St. 1320 1310 O O ro ca co 320 3 312 308 300 212 208 204 200 108 w O L 22 Hi hlan 11 309 305 301 M o o ^' N L N 321 317 313 rn 0 N 498 00 o 0 �' N L Q 488 04 � 0 0 0 _ N C. N OO C. N O 400 340 320 310 N 300 520 510 440 4 4 480 IGHLAND ST 101 T 545 525 479 459 339 335 49 oco 6 1 N Cl) 603 0 '� 345 1160 0 z LO J Uo ao w No _O z 465 Z J 351 960 SPO # Owner Zoning Address Acreage Response 1. Seebeck, Doreen L AG 494 W HIGHLAND ST 1.93 F 2. Raley, Timothy & Jennie Bohart AG 498 W HIGHLAND ST 2.05 NR 3. Seebeck, Robert E Etux Marilyn AG 480 W HIGHLAND ST 0.58 NR 4. Combe, Daniel Etux Jill AG 339 W HIGHLAND ST 0.71 NR 5. Yetman, Bert M Etux Helga B SF1-A 459 W HIGHLAND ST 4.94 NR 6. Williamson, Ray C SF1-A 479 W HIGHLAND ST 2.39 NR 7. Williamson, Ray C SF1-A 465 W HIGHLAND ST 2.60 NR 8. Yetman, Bert M Etux Helga B AG 345 W HIGHLAND ST 1.37 NR 9. Campbell, Jose AG 335 W HIGHLAND ST 0.73 NR 10. Seebeck, Robert & Marilyn SF1-13 314 W HIGHLAND ST 0.03 NR 11. Terra -Highland Oaks Llc RPUD 311 MONTROSE LN 0.24 F 12. Ride With Pride Inc RPUD 321 MONTROSE LN 0.36 F 13. Ride With Pride Inc RPUD 340 W HIGHLAND ST 0.49 F 14. Terra -Highland Oaks Llc RPUD 320 W HIGHLAND ST 0.48 F 15. Terra -Highland Oaks Llc RPUD 317 MONTROSE LN 0.35 F 16. Terra/Highland Oaks Llc RPUD 310 W HIGHLAND ST 0.47 F 17. Terra/Highland Oaks Llc RPUD 320 MONTROSE LN 0.35 F 18. Terra/Highland Oaks Llc RPUD 316 MONTROSE LN 0.34 F 19. Terra/Highland Oaks Llc RPUD 312 MONTROSE LN 0.35 F 20. Seebeck, Robert E Etux Marilyn AG 488 W HIGHLAND ST 1.38 NR 21. Ride With Pride Inc AG 400 W HIGHLAND ST 0.90 F Case No. Attachment D ZA14-135 Page 4 22. Terra/Highland Oaks Llc RPUD 324 MONTROSE LN 0.51 F 23. Ride With Pride Inc RPUD 325 MONTROSE LN 0.03 F 24. Terra/Highland Oaks Llc RPUD 313 MONTROSE LN 0.35 F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-four (24) Responses Received: Three (3) - Attached Case No. Attachment E ZA14-135 Page 2 Notification Response Form ZA14-135 Meeting Date: November 20, 2014 at 6:30 PM Terra/Highland Oaks Llc 395 W Northwest Pkwy Ste 300 Southlake Tx 76092 Direct questions and mail responses to: City of Southlake Planning & Development Services Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 Phone: (817)748-8621 Fax: (817)748-8077 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the 9wne-Qs) 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: Additional Signature: Date: Printed Name(s): NbO l �Owyd l Must be property ovrrier(s) whose name(s) are1printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Case No. Attachment E ZA14-135 Page 3 Notification Response Farm ZA14-135 Meeting Date: November 20, 2014 at 6:30 PM Ride With Pride Inc 480 W Highland St Southlake Tx 75092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULE© PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby gfavor 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: _ -I- Date: I i - (I- of Additional Signature: Date-, Printed Name(s)- lovet" Must ba property owner(s) whose narre(5) are Printed at tap. Oftrw,se contact the Planning Department. One form per property_ Phone Number (optional): 0" L-'r li� a[ - 8 33 ?- Case No. Attachment E ZA14-135 Page 4 Notification Response Form ZA14-135 Meeting Date: November 20, 2014 at 6.30 PM Seebeck, Doreen L 480 W Highland St 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 c apposed to undecided about (circle or underline one) the proposed Zoning Charge and Concept Plan referenced above_ Space for comments regarding your position - Signature: Date: Additional Signature: Date : Printed Name(s): _-- <c,, t-, Must be properly owner(s) whose name(s) are pirated a! top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): 9"'? 99q -`3.?3Z_ Case No. Attachment E ZA14-135 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-688 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 8D2, THOMAS M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.823 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-30" 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 ZA14-135 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 and 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 ZA14-135 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 8D2, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, being approximately 0.79 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF-30" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following Case No. Attachment F ZA14-135 Page 3 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 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 ZA14-135 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. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment F ZA14-135 Page 5 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. MAYOR ATTEST: CITY SECRETARY Case No. Attachment F ZA14-135 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment F ZA14-135 Page 7 EXHIBIT "A" Being described as Tract 8D2, Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas, being approximately 0.823 acres, and more fully and completely described below: FIELD NOTES to that certain tract situated in the T. M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas said tract being the same tract described in Tract B in the deed to Ride With Pride, Inc. recorded in Volume 13789, Page 494 of the Deed Records of Tarrant County, Texas; the subject tract being more particularly described as follows: Beginning at a 112 inch capped rebar stamped "JPH Land Surveying" set at the southeast corner of the tract described in Tract B in the deed to Ride With Pride, Inc. recorded in Volume 13 789, Page 494 of the Deed Records of Tarrant County, Texas, from which a found 112 inch rebar bears NORTH 12 degrees WEST, a distance of 2.20 feet; THENCE NORTH 00 degrees 47 minutes 07 seconds WEST, with the cast line of the said Ride With Pride, Inc. tract, a distance of 399.64 feet to a 112 inch capped rebar stamped "Area Surveying" found at the northeast corner thereof; THENCE SOUTH 89 degrees 09 minutes 36 seconds NEST, with the south line of Lot 12, Block 1 of Highland Oaks as recorded under Instrument Number D214188535 of the Official Public Records of Tarrant County, Texas, a distance of 89.69 feet to a 112 inch rebar found at the southwest corner thereof; THENCE SOUTH 00 degrees 45 minutes 58 seconds WEST, with the west line of the Ride With Pride, Inc. tract, a distance of 399.527 feet to a 112 inch capped rebar stamped "JPH Land Surveying" set at the southwest corner thereof, from which a found 112 inch rebar bears NORTH 34 degrees WEST a distance of 0.90 feet; THENCE SOUTH 89 degrees 12 minutes 18 seconds EAST, with the south line of the Ride With Pride, Inc. tract, a distance of 89.82 feet returning to the: Place of Beginning and enclosing 0.823 of an acre (35,868 calculated square feet). Case No. Attachment F ZA14-135 Page 8 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment F ZA14-135 Page 9