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480-676CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-676 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 1P, 1P1, 1Q1, 1Q, 1R, 313, 1X1, 1X, 1Y,1Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 8.38 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "SF -1A" Single Family Residential 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 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 Tracts 1P, 1P1, 1Q1, 1Q, 1R, 3B, 1X1, 1X, 1Y,1Z, F. Throop Survey, Abstract No. 1511 and a portion of Lot 6, Block 1, Meadowmere Addition, an addition to the City of Southlake, Tarrant County, Texas, being approximately 8.38 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF -1A" Single Family Residential District to "R -PUD" Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit "B", • Zoning Change and Development Plan for Torian Place subject to Development Plan Review Summary No. 2 dated August 13, 2014 • Applicant will comply with the Medium Density requirement on the Land Use Plan specifically on the west side of the property with 125 foot width lots and 30,000 square feet of area • Noting the applicant will attempt to increase the size of the lots on the east side of the property and noting that Council is amenable to reducing the amount of common area lot space to accommodate the growth in lot sizes • Requiring applicant to bring forward a more detailed landscape plan for the entrance to the development from Dove Road. • Amended approval subject to the requirements of the prior motion for approval with the following amendments: o changing the lot configurations on the east side to reduce the number of lots to an average of approximately 23,000 square feet per lot o combining the open space into Lot 6, Block 2 • Subject to Development Plan Review Summary No. 3, dated August 27, 2014 • Approving the open space requirement for the R -PUD • Noting that he lift station that is currently located on Lot 6, Block 2, will be relocated to Lot 7, Block 1 and there will no drive or any access along Lot 6, Block 2 and it will be removed from that lot and added to the total lot area; noting that on Lot 6, Block 2 there will be a 30 -foot conservation easement along the northern part of the lot in which nothing may be built • Noting that the applicant will provide access to the Wilkinson tract for the lift station that will be located on Lot 7, Block 1 • Noting that the area for the sewer system on Lot 7, Block 1 will be dedicated fee simple to the City of Southlake and any area requirements shown on the current site plan • Noting that the allowable size of the 1,000 square feet for the accessory buildings will be reduces to the standard 600 square feet; noting that the applicant will provide for improved drainage through the Wilkinson tract as well in addition to his drainage requirements • Noting that the lift station engineering for Lot 7, Block 1 will require concurrence of the Public Works Department and noting the applicant will, up front, construct the lift station at his cost, but upon such time as the developer's agreement is completed, it will provide pro rata reimbursement, including the lots to the west of this development that will benefit from the lift station • Requiring side yard setbacks of 15 feet on the 30,000 square foot lots in Block 2; and approving the variance to the open space requirements for the R -PUD. • changing the lot configurations on the east side to reduce the number of lots from seven lots to six lots and to increase the overall lot size to an average of approximately 23,000 square feet per lot and combining the open space to Lot 6, Block 2. 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. 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 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 19th day of August, 2014. M4AYR 1,1j11111111,,,,,, ATTEST: Qom_ CITY SECRE ` ��/„11111111,,. PASSED AND APPROVED on the 2nd reading the 2nd day of September, 2014. MAYOR ATTEST: I) L- a CITY SECRET, APPROVED AS TO FORM AND LEGALITY: /6� CITY ATTORNEY DATE: 4, 2,0 /S' ADOPTED:�(7i� pvZ Hyl AIRF k EFFECTIVE: l�J�ifr 17 EXHIBIT "A" Description for a tract of land in the Francis Throop Survey, Abstract Number 1511, City of Southlake, Tarrant County, Texas, and being those tracts described in deeds to Savannah Court Partnership, recorded in Instrument Numbers D207443548, 207443547, D207443546, D207368774, D207403561, D207384615, Real Property Records, Tarrant County, Texas; Together With a tract of land described in a deed to Cheatham Partners, recorded in Instrument Number D204233548, Real Property Records, Tarrant County, Texas; Together With a portion of Lot 3, F. Throop No. 1511 Addition, according to the plat recorded in Cabinet A, Slide 1064, Plat Records, Tarrant County, Texas, described in a deed to Savannah Court Partnership, in Instrument Number D207443549, Real Property Records, Tarrant County, Texas; Together With a portion of Lot 6, Block 1, Meadowmere Addition, according to the plat recorded in Volume 388-200, Page 97, Plat Records, Tarrant County, Texas; and Together With a portion of Torian Lane as described in Volume 4597, Page 345, Deed Records, Tarrant County, Texas, and being described as one (1) tract by metes and bounds as follows: BEGINNING at a 1/2" iron pin found for an angle point in the east line of Lot 7, Block 1, Twin Creeks Addition, according to the plat recorded in Volume 388-150, Page 74, Plat Records, Tarrant County, Texas, for the northwest corner of said Savannah Court Partnership tract described in Instrument Number D207443548; THENCE North 89 degrees 29 minutes 32 seconds East at 181.26 feet passing the northeast corner of said Savannah Court Partnership tract described in Instrument Number D207443548 and the west line of Torian Lane, in all, a total distance of 240.66 feet to a 1/2" iron pin set with yellow cap stamped "AREA SURVEYING' in the east line of Torian Lane; THENCE South 00 degree 45 minutes 40 seconds East at 207.49 passing a 5/8" iron pin found for the northwest corner of Lot 6, Block 1, Meadowmere Addition, according to the plat recorded in Volume 388-200, Page 97, Deed Records, Tarrant County, Texas, in all, a total distance of 233.68 feet to a 1/2" iron pin set with yellow cap stamped "AREA SURVEYING'; THENCE South 72 degrees 27 minutes 04 seconds East a distance of 191.78 feet to a 1/2" iron pin found with yellow cap stamped "AREA SURVEYING' in the south line of said Lot 6, Block 1, Meadowmere Addition, for the northwest corner of Lot 6, F. Throop No. 1511 Addition, according to the plat recorded in Cabinet A, Slide 2068, Plat Records, Tarrant County, Texas; THENCE South 00 degree 41 minutes 41 seconds East at 478.93 feet passing a 1/2" iron pin found for the northeast corner of said Cheatham Partners tract, and for the northwest corner of Lot 28, F. Throop No. 1511 Addition, according to the plat recorded in Cabinet A, Slide 2825, Plat Records, Tarrant County, Texas, in all, a total distance of 719.57 feet to a 1" iron pipe found for the southwest corner of said Cheatham tract, for the southwest corner of said Lot 28, and for an angle point in the north line of Lot 1, Block 1, Yates Corner Addition, according to the plat recorded in Cabinet A, Slide 2231, Plat Records, Tarrant County, Texas; THENCE South 89 degrees14 minutes 23 seconds West at 182.27 feet passing a 1/2" iron pin found for the southwest corner of a said Cheatham tract, the northwest corner of Lot 1, and in the east line of Torian Lane, in all, a total distance of 212.27 feet; THENCE North 00 degree 40 minutes 45 seconds West a distance of 79.25 feet; THENCE S 89 degrees 28 minutes 21 seconds West at 30.00 feet passing the west line of Torian Lane and the southeast corner of said Savannah tract described in Instrument Number D207443549, in all, a total distance of 212.75 feet to a 1/2" iron pin set with yellow cap stamped "AREA SURVEYING' for the southwest corner of said Savannah tract described in Instrument Number D207443549; THENCE North 00 degree 34 minutes 35 seconds West at 63.34 feet passing a 1/2" iron pin found for the most southerly southeast corner of Lot 3, in said Block 1, of Twin Creeks Addition, and continuing along the east line of said Block 1, for a total distance of 934.45 feet to the POINT OF BEGINNING, said described tract containing 8.378 acres of land. 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Terenr Gwry, Te+m eAJ3 frY, Avu E.uni tZ amriat», n.P.wi y u'u rvfs..smrs:n4 Wf 4n,JaxlIDrl! U1W6e ATEesawY•ylgm+. m 00 i 1ST Reading: City Council August 19, 2014 Approved: 6-1 Mayor Terrell announced that City Council would be going Into Executive Session pursuant to the Tom Government Code, Section 551.071, consultation with pity attorney. City Council adjoumed for Executive Session at 10:14 p.m. Executive Session began at 1025 p.m. and concluded at 11:01 p.m. Mayor Terrell reconvened the meating at 11:06 p.m. Mayor Terrell asked if any action was necessary from Executive Session. There was no action necessary as a result of Executive Session. 713. ORDINANCE NO. 480-676 (ZA144M),15T READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR TORIAN PLACE ON PROPERTY BEING DESCRIBED AS TRACTS 1P, IPI, 101, 1 Q, 1R, 36, 1X1, 1X, IYA Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2118, 2122, 2128,2M 2136, 2140, 2148, 2152, AND 2160 EAST DOVE ROAD AND 1840 AND 1860 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT=M MNG:='A6"=A&VCULTURAL DISTIWr-MWSF=1A'SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONM: "R -PUD' RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN #C (IF APPROVEA THE PUBIC HEAMWG WILL BE HEIR AT THE SEPTHOW Z 2&f4 CITY COUNCIL MEEIIAG.) Senior Director of Planning Development Services presented items 78 and 7C together and was available to answer questions from Council. Applicant Kosse Maykus, 1723 East Southlake Boulevard, Southlake, Texas presented items 7B and 7C and was available to answer questions from Council. Although item 78 Is not a public hearing, Mayor Terrell opened the floor to public comments. Dee tom, 3400 Fax Fine, Southlake, Texas spoke in support Richard Hammy, 1820 North Kimball Avenue, Southlake, Texas spoke in opposition. Lester Strait, 1900 North Kimball Avenue, Southlake, Texas spoke in opposition. Shannon Taylor, 1890 North Kimball Avenue, Southlake, Texas spoke in opposition. Chris Wilkinson, 2054 North Kimball Avenue, Southlake, Texas spoke in opposition. Document PrirKwff rawNtsMUTES, AUGUST 19, 2014 rpe t5 of 19 Mr. Maykus answered Council's questions. There being no one else wishing to speak, Mayor Terrell closed the public comment period. A motion was made to approve Ordinance No. 4W-675 (ZA14- M8), Zoning Change and Dever Plan for Torun Place subject to Development Plein Review Summery No. 2 dated August 13, 2014 with the following comments for the applicant to address prior to second reading: applicant will comply with the Medium Density requirement on the land Use Plan specifically on the west side of the property with 125 loot width lots and 30,000 square last of area; noting the applicant will attempt to increase the size of the lots on the east side of the property and noting that Council is amenable to reducing the amount of common 8198 lot space to accommodate the growth In lot sizes; and requiring applicant to bring forward a more detailed landscape plan for the entrance to the dembpmert from Dove Road. Motion: Bledsoe Second: Hill Aye: Bledsoe, Fawks, Hill, Morris, Temeil, Williamson - Approved: 6-1 7C. ORDINANCE NO. 480-677 (7.A14-089), IST READNG, ZONING CHANGE AND CONCEPT PLAN FOR A PORTION LOT 6, BLOCK 1, MEADOW11 ERE ADDITION ON PROPERTY BEING DESCRIBED AS A PORTION OF LOT 6, BLOCK 1, WADOWUM ADDITION, AN ADDITION TO THE CITY OF SOUTHLAIIE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT logo NORTH KIWALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONING: "SF -21W SINGLE FAWLY RESIDENTIAL DISTRICT. SPIN ft pir AFMOMM 7WpUBLIC HEARING WILL BE HELD AT THE SEP SWBER $ 2014 CITY COUNCIL M EcMG.) —l15-, A motion was made to approve Ordinance No. 4SG477 (ZA14-089), Zoning Change and Concept Pian for a portion Lot 8, Block 1, Meadowmem Addition subject to Concept Plan Review Summary No. 1 dated July 31, 2014 with "SF -3W zoning. Motion: Bledsoe second: Hill Ayes. Bledsoe, Fawns, Hill, Morris, Terrell, Williamson New Shaft Approved: 6-1 8. RESOLUTIONS: (THERE ARE NO Mm ON THIS AGENDA.) Document Pri r MWUTES, AUGUST 10, 2014 pages to of 19 2"d Reading: City Council September 2, 2014 Applicants from Carroll Independent School District, Assistant Superintendent for Administrative Services Matt Miller and Assistant Superintendent for Financial Services Robb Welch, along with Eric Colney with Axium Solar answered Council's questions. Mayor Terrell opened the public hearing and asked for anyone wishing to speak on the item to corse forward. There being no one wishing to speak, Mayor Terrell closed the public hearing. A motion was made to approve Resolution No. 14-035, (ZA14-096), Specific Use Permit for a Solar Energy System at Carroll High School. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Moms, Shaft, Terrell, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A SOLAR ENERGY SYSTEM ON NON-RESIDENTIAL PROPERTY WITHIN THE CITY OF SOUTHLAKE, TEXAS, LOCATED AT 800 N. WHITE CHAPEL BOULEVARD, BEING DESCRIBED AS LOT 1, BLOCK 1, OF THE CARROLL ISD #2 ADDITION AS DEPICTED ON THE APPROVED SITE EXHIBIT ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT W AND PROVIDING AN EFFECTIVE DATE. 6C. ORDINANCE NO. M476 (ZA14-088), 2M READING, ZONING CHANGE AND DEVELOPMENT PLAN FOR TORIAN PLACE ON PROPERTY BEING DESCRIBED AS TRACTS 1P, 1P1, 101, 1Q, 1R, 313, 1X1, 1X, 1Y,1Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 2118, 2122, 2128, 2132, 2136, 2140, 2148, 2152, AND 2160 E. DOVE ROAD AND 1840 AND 1860 NORTH KIMBALL AVENUE, SOUTHLAKE, TEXAS. CURRENT ZONING: "AG" AGRICULTURAL DISTRICT AND "SF4A" SINGLE FAMILY RESIDENTIAL DISTRICT. REQUESTED ZONING: "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT. SPIN 04. PUBLIC HEARING APPROVED Senior Director of Planning and Development Services Ken Baker presented iterns 6C and 6D together and was available to answer questions from Council. )QCument Pr1nT@."�tffY� M/rvurFs, sEP�w�eezz zo�4 of 1s Applicant Kosse Maykus,1723 East Southlake Boulevard, Southlake, Texas and project engineer, Keith Hamilton, 8241 Mid -Cities Boulevard, #100, North Richland His, Texas presented this item and answered Council's questions. Mayor Terrell opened the public hearings for items 6C and 613 and asked for anyone wishing to speak on the items to come forward. Richard Halley,1820 North Kimball Avenue, Southlake, Texas spoke in opposition. Uoyd Satterfield, 2417 Greenbough Lane, Southlake, Texas spoke in opposition. Shannon Taylor, 1890 North Kimball Avenue, Southlake, Texas spoke in opposition. Susan Johnson, 839 Simmons Court, Southlake, Texas spoke in opposition. Lester Strait, 1900 North Kimball Avenue, Southlake, Texas spoke in opposition. Martin Prinz, 1880 Kimball Avenue, Southlake, Texas spoke in opposition. The following cards=w�ere sutimidid'-from persons in opposition `but not wanting to speak: Katherine Sheffield, 800 Simmons Court, Southlake, Texas; Brent Sheffield, 800 Simmons Court, Southlake, Texas; and, Waiter Nichols, 1613 Heatherbrook Court, Southlake, Texas. Mayor Terrell closed the public hearings. A motion was made to approve Ordinance No. 480-676 (ZA14-088), Zoning Change and Development Plan for Torian Place subject to Development Plan Review Summary No. 3, dated August 27, 2014 approving the open space requirement for the RPUD; noting that the lift station that is currently looted on Lot 6, Block 2, will be relocated to Lot 7, Block 1 and there will be no drive or any access along Lot 6, Block 2 and it will be removed from that lot and added to the total lot area; noting that on Lot 6, Block 2 there will be a 30 -foot conservation easement along the northern part of the lot in which nothing may be built; noting that the applicant will provide access to the Wilkinson tract for the lift station that will be located on Lot 7, Block 1; noting that the area for the sewer system on Lot 7, Block 1 will be dedicated flee simple to the City of Southlake and any square footage devoted to the lift station. on Lot 7, Block 1 will be removed from the lot area requirements shown on the current site plan; noting that the allowable size of 1,000 square feet for the accessory buildings will be reduced to the standard 600 square feet; noting that the applicant will provide for improved drainage through the Wilkinson tract as well in addition to his drainage requirements; noting that the lift station engineering for Lot 7, Block 1 will require concurrence of the Public Works Department and noting the applicant will, up front, construct the lilt station at his cost but upon such time as the developer's agreement is completed, it will provide for a pro rata )ocument Prirff@dTf6 iP MINUTES, SEPTEMBER 2, 2014 of 19 reimbursement including the lots to the west of this development that will benefit from the lift station; requiring side yard setbacks of 15 feet on the 30,000 square foot lots in Block 2; and approving the variance to the open space requirements for RPUD. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hili, Terrell, Williamson Nays: Moms, Shall Approved: 5-2 (motion failed) This motion failed due to the requirement of a super -majority due to surrounding opposition_ 6D. ORDINANCE NO. 480477 (ZA14489), 2N° READING, ZONING CHANGE AND CONCEPT PLAN FOR A PORTION LOT 6, BLOCK 1, MEADOWMERE ADDITION ON PROPERTY BEING DESCRIBED AS A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, AN ADDITION TO THE CITY OF SOU THLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED AT 1860 NORTH KIMBALL, AVENUE. SOUTHLAKE,,._TEXAL CURRENT_ ZONING: "AG" AGRICULTURAL DISTRICT. REQUESTED ZONG:NI"SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT. SPIN 04. PUBLIC HEARING F'JJ J 7ew-4 !7 Senior Director of Planning and Development Services Ken Baker presented this item along with item 6C. Although the public hearing for item 6D was held jointly with item 6C, Mayor Terrell asked if anyone else wished to speak on this item. There being no one wishing to speak, Mayor Terrell dosed the public hearing. A motion was made to approve Ordinance No. 480-677 (ZA14-089), Zoning Change and Concept Plan for a portion lot 6, Block 1, Meadowmere Addition subject to Concept Plan Review Summary No. 1, dated August 1, 2014. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Terrell, Williamson Nays: Morris, Shall Approved: 5-2 (motion failed) This motion failed due to the requirement of a super -majority due to surrounding opposition. Mayor Terrell announced that City Council would be going into Executive Session pursuant to the Texas Govemment Code, Section 551.071, consultation with city Document Prirt�ffffly"V "WC,1MINUTES, ' 2X0'4 ge of 79 attorney. City Council adjourned for Executive Session at 10:12 p.m. Executive Session began at 10:17 p.m. and concluded at 10:36 p.m. Mayor Terrell reconvened the meeting at 10:56 p.m. Mayor Terrell asked if any action was necessary from Exem*ije Session. There was no action necessary as a result of Executive Session. Mayor Terrell stated that Council would reconsider items 6C and 6D. A motion was made to reconsider Ordinance No. 480-676 (ZA14-088), Zoning Change and Development Plan for Torian Place. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, Hill, Morris, Terrell, Williamson Nays: Shaft Approved: 6-1 Mayor Terrell asked the applicant, Kosse Maykus, to come forward to and discuss his revised-proposal#or item 6C; Torun Place. Council -discussed the -item with Mr.- Maykus. A motion was made to approve Ordinance No. 480-676 (ZA14-088), Zoning Change and Development Plan for Torian Place subject to the requirements of the prior motion for approval with the following amendments: changing the lot configurations on the east side to reduce the number of lots from seven lots to sbc lots and to increase the overall tot size to an average of approximately 23,000 square feet per lot; and combining the open space to Lot 6, Bk)ck 2. Motion: Bledsoe Second: Hill Ayes: Bledsoe, Fawks, HUI, Morris, Terrell, Williamson Nays: Shari Approved: 6-1 In accordance with Section 4.21 of the City Charter, the caption for this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 1P, 1121, 1Q1, 1Q, 1R, 3B, 1X1, 1X, 1Y,1Z, F. THROOP SURVEY, ABSTRACT NO. 1511 AND A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.45 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A' FROM "AG" AGRICULTURAL DISTRICT AND Document Prir "ffif'ffd W,M"T mASEPTEMBER2,2014 of 19 "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. A motion was made to reconsider Ordinance No. 480-677 (ZA14-089), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition. Motion: Bledsoe Second: HiQ _ Ayes: ­ Bleciaoe, Fawks, Hill, Morris, Shah, Terrell, Willi Approved: 7-0 A motion was made to approve Ordinance No. 480-677 (ZA14-M9), Zoning Change and Concept Plan for a portion Lot 6, Block 1, Meadowmere Addition subject to Concept Plan Review Summary No. 1, dated August 1, 2014. Motion: Bledsoe Second: Hui Ayes: Bledsoe, Fawks, Hill, Moms, Shafi, Terrell, Williamson Approved: 7-0 In accordance with Section 4.21 of the City Charter, the caption I& this item is listed as follows: AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING DESCRIBED AS A PORTION OF LOT 6, BLOCK 1, MEADOWMERE ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.12 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED 1N EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT" TO "SF - 20A" SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE P MA"urEs, sFPEs, zola Document PrirK@WF of 19