Department of Planning & Development Services

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1 Department of Planning & Development Services S T A F F R E P O R T April 28, 2015 CASE NO: PROJECT: EXECUTIVE SUMMARY: REQUEST DETAILS: ZA Zoning Change and Development Plan for Edwards Park Addition Clayton and Clayton Real Estate originally requested approval of a Zoning Change and Concept Plan from AG Agricultural District to SF-30 Single Family Residential District on Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525 to allow two (2) residential lots and one open space lot on 1.99 acres located at 825 E. Dove Road. The request has been amended to seek approval of a Zoning Change and Development Plan from AG Agricultural District to R-PUD Residential Planned Unit Development District on Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525 for two (2) residential lots on 1.99 acres (1.84 net acres, less R.O.W. for E. Dove Road). SPIN #3 Clayton and Clayton Real Estate originally requested approval for a Zoning Change and Concept Plan from AG Agricultural District to SF-30 Single Family Residential District on Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525 to allow two (2) residential lots and one open space lot on 1.99 acres located at 825 E. Dove Road. The applicant proposed two single family residential lots (approximately 33,029 sf and 34,511 sf) and one open space lot. A 52-foot right-of-way dedication on E. Dove Road and a 44-foot radius cul-de-sac right-of-way at the dead end on the east end of Castle Rock Drive were included with the request. The north lot fronted on E. Dove Road and the south lot fronted on a proposed cul-de sac on Castle Rock Drive. Additionally, a six (6) foot sidewalk on E. Dove Road, a four (4) foot sidewalk at the Castle Rock Drive cul-de-sac, and the Castle Rock Drive cul-de-sac would be constructed with the development. An open space lot was located on the south side of the Castle Rock cul-de-sac. The applicant has amended their request to seek approval of a Zoning Change and Development Plan from AG Agricultural District to R-PUD Residential Planned Unit Development District for two (2) residential lots. Lot 1, the north lot fronting on E. Dove Road, is 1 acre and Lot 2, the south lot fronting on Cheyenne Park Lane, is.84 acre. A six (6) foot sidewalk on E. Dove Road will be constructed with the development. ZA The applicant is concurrently processing a Land Use Plan Amendment, CP14-003), changing this property from Low Density Residential to Medium Density Residential in support of the proposed RPUD zoning change (ZA14-131) and Preliminary Plat (ZA14-132).

2 Variance: With the amended zoning change and development plan request, the applicant is requesting a variance to the Subdivision Ordinance, Article V, Section 5.01 General, 5.01B Continuity of Street Systems and 5.03K to allow Castle Rock Drive to remain as a dead end street. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Zoning Change and Development Plan Approval Request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information Link to PowerPoint Presentation (D) Zoning Change and Concept Plan Review Summary No. 7, dated April 13, (E) Surrounding Property Owners Map and Responses (F) Ordinance No (G) Full Size Plans (for Commissioners and Council members only) STAFF CONTACT: Ken Baker (817) Patty Moos (817) ZA14-131

3 BACKGROUND INFORMATION OWNERS: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: PROPOSED LAND USE: CURRENT ZONING: Ananth Mallavarapu and Surekha Koya Clayton and Clayton Real Estate 825 W. Dove Road Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525, an addition to the City of Southlake, Tarrant County, Texas. Low Density Residential Medium Density Residential AG Agricultural District REQUESTED ZONING: The original zoning change was for SF-30 Single Family Residential District An amended request has been made for a zoning change to R-PUD Residential Planned Unit Development District. HISTORY: CITIZEN INPUT: SOUTHLAKE 2030: September 19, 1989; City Council approved the AG Agricultural District with the adoption of Zoning Ordinance 480 and the Official Zoning Map. A SPIN (SPIN #3) meeting was held November 3, 2014 and the SPIN report is located in Attachment C. Consolidated Land Use Plan The Low Density Residential land use category is defined by the Southlake 2030 Comprehensive Plan as: The Low Density Residential category is for detached singlefamily residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi- Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. The current development being proposed is not consistent with the Low Attachment A ZA Page 1

4 Density land use designation. The modified development proposal is consistent with the Low Density land use designation. Pathways Master Plan The Pathways Master Plan indicates a future sidewalk along the east side of W. Dove Road less than 8 feet wide. TREE PRESERVATION: UTILITIES: Two (2) trees are proposed to be removed with this request. For standard single family residential zoning districts, the tree preservation ordinance requires 60% of the existing trees to be preserved. However, for RPUD zoning requests, tree preservation requirements are subject to City Council approval. The applicant is proposing to save 66% of the existing trees. Water The site has access to an existing 6-inch water line along E. Dove Road and an 8-inch water line on Castle Rock Drive. Sewer The site has access to sewer from an existing 8-inch along E. Dove Road and from an existing 8-inch along Cheyenne Park Lane and the southern portion of the east property line. PLANNING AND ZONING COMMISSION: CITY COUNCIL: November 20, 2014; Approved (6-1) subject to the Zoning Change and Concept Plan Review Summary No. 2 dated November 14, 2014 and Staff Report dated November 14, 2014; noting the reduction in the culde-sac to a 50 foot radius and change the street angle to preserve the tree at the proposed cul-de-sac; noting a wrought iron fence will be placed on the east and west boundary of Lot 1. December 2, 2014; Approved (7-0) for the 1 st Reading of the Zoning Change and Concept Plan for Lot 1 and 2 of the Edwards Park Addition; noting that the land to the southern portion of the site will either be dedicated to the City or to the adjacent homeowner to the south; approving the cul-de-sac as shown; and noting the Staff Report dated November 25, January 6, 2015; Approved (7-0) the motion to table the item, as requested by the applicant, until the January 20, 2015 City Council meeting. January 20, 2015; Approved (7-0) the motion to table the item until the February 17, 2015 City Council meeting. February 3, 2015: Approved (7-0) the motion to table until the March 17, 2015 City Council meeting. February 17, 2015: Approved (7-0) the motion to table until the March 17, 2015 City Council meeting. March 17, 2015: Approved (7-0) the motion to table until the April 21, Attachment A ZA Page 2

5 2015 City Council meeting. April 21, 2015; Approved (7-0) the motion to table until the May 5, 2015 City Council meeting. STAFF COMMENTS: Attached is the Zoning Change and Development Plan Review Summary No. 6, dated March 19, In May 2011, a demolition permit was issued by the City to remove the existing house and pool from the property. According the Tarrant Appraisal District, one acre of the property is listed as residential property and one acre is listed as commercial property. N:\Community Development\MEMO\2014 Cases\131 - ZCP - Edwards Park Addition\Staff Report Attachment A ZA Page 3

6 Attachment B ZA Page 1

7 Plans and Support Information Previously Proposed Concept Plan Attachment C ZA Page 1

8 Previously Proposed Narrative Attachment C ZA Page 2

9 Previously Proposed Narrative (continued) Attachment C ZA Page 3

10 Proposed Development Plan Attachment C ZA Page 4

11 Proposed Narrative Residential Planned Unit Development District For Edwards Park Addition Since the owner was unsuccessful in zoning the property SF-30. The owner has agreed to file for Residential Planned Unit Development (PUD). This PUD shall abide by all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the SF-20A single family residential zoning district and the City of Southlake Subdivision Ordinance No. 483 as amended, with the following exceptions: The one existing curb cuts along Dove will be closed. The owner of Edwards Addition will dedicate ROW as required by the City of Southlake along East Dove. Water line will be extended along East Dove Road to the end of Lot 1. City has agreed to pay the added expense of the water line from 8 to 12. Sewer line will be extended to the east side of Lot 1 and install a manhole. A 6 foot wide sidewalk will be installed along East Dove from the existing sidewalk to the end of Lot 1. A landscape buffer will be installed along the North property line fronting East Dove. The buffer yard will be a Type B - 2 canopy trees, 3 accent trees, & 10 shrubs per 100 linear feet. The front yard of lot 2 will face Cheyenne Park Lane. The approximate address will 2120 Cheyenne Park Lane (The access was granted by City Deputy Director of Public Works Engineer, Cheryl Taylor, P. E.) Castle Rock Drive will remain a dead end street. A variance is requested to keep Castle Rock Dive a dead end street. The existing water line in Castle Rock will be extended to the end of Lot 2 and City Engineer agreed to pay the cost of looping the water line with line in Cheyenne Drive. Sewer (for Lot 2) will be installed to the existing manhole in the easement along the East property line. Open Space as detailed on plans are in the front, rear, side yards of both lots The minimum front yard shall not be less than thirty (17 3) feet. The minimum rear yard shall be not less than thirty (30) feet. The minimum side yard shall be not less than ten (10) feet. The minimum area of a lot shall not be less than thirty thousand (30,000) square feet. The minimum lot shall have a minimum width of eighty (80) feet. The main residence of Lot 1 shall be not less than four thousand (4,000) square feet. The main residence of Lot 2 shall be not less than five thousand five hundred (5,500) square feet. Attachment C ZA Page 5

12 All fencing surrounding the project and internally, if installed in the Residential PUD, shall be a minimum 5 feet wrought iron fence Lot 2 as shown on the attached development plan, which shall be a minimum 7 foot wrought iron fence with/or without slats. The final plat will include the avigation easement on the face of the plat. Attachment C ZA Page 6

13 Site Photographs View south from E. Dove Road View east to Castle Rock Drive dead end (southwest corner of 825 E. Dove Road property) Attachment C ZA Page 7

14 View northwest to Cheyenne Park Lane cul-de-sac (southeast corner of 825 E. Dove Road property) Attachment C ZA Page 8

15 SPIN MEETING REPORT Case Number: Project Name: ZA Lots 1 & 2, Block 1, Edwards Park Addition SPIN Neighborhood: 3 Meeting Date: November 3, 2014 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: 10 Host: Applicant(s) Presenting: City Staff Present: Monique Schill Art Clayton Patty Moos, Planner I City Staff Contact: Patty Moos, Planner I, Town Hall Forums can be viewed in their entirety by visiting and clicking on Learn More under Video On Demand; forums are listed under SPIN by meeting date. FORUM SUMMARY: Applicant is seeking a zoning change and plat for 2 SF-30 lots located at 825 E. Dove Road for SPIN #3. Existing 2 acres on the south side of E. Dove Road. Currently low density land use surrounded by medium density use Plan to visit with the Estes Park HOA and neighborhoods Building a cul-de-sac at the end of Castle Rock Drive instead of building a street thru to Cheyenne Park Lane. 4-foot sidewalks around the cul-de-sac and 6-foot sidewalk along E. Dove Road. Landscape bufferyard along E. Dove Road. Water line extension, fire hydrants and sewer connections going in with the development. QUESTIONS / CONCERNS: 1. Estes Park HOA- Is the cul-de-sac going in? Yes 2. Where do the lots front? The north lot fronts on E. Dove Road and the south lot fronts on Castle Rock Drive. 3. Concern about the south lot benefiting from the Estes Park HOA for the landscape maintenance and holiday lights without participating in the cost. No. Trying to correct the missed connections. Houses will be high quality 4,000 sf minimum. 4. Immediately adjacent homes are 6,000 sf+ and would prefer the houses to be larger, if Attachment C ZA Page 9

16 possible. 5. Wants quality of the home to be comparable to Estes Park homes. Will be a quality constructed home with energy efficient design. 6. Wants to be able to have the HOA be involved in order to have input in the architectural control and wants to work with the developer to have a level of comfort with the house architecture standard. 7. What will be the size of the house at 825 E. Dove Road? Lot 1 will be a minimum of 4,500 sf with piers, walls with energy efficient standards, well build with many high end details. 8. Will the sidewalk be installed on E. Dove Road? Yes. 9. What are the sideyard setbacks? 20-feet. Presentation: 6:00-6:30 pm SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Attachment C ZA Page 10

17 ZONING CHANGE AND DEVELOPMENT PLAN REVIEW SUMMARY : ZA Review No.:Seven Date of Review: 4/13/15 Project Name: Edwards Park Addition Lots 1 and 2 APPLICANT: Clayton and Clayton Real Estate Owners: Arthur Clayton Ananth Mallavarapu and Surekha Koya P.O. Box Cheyenne Park Lane Southlake, TX Southlake, TX Phone: Phone: claytonandclayton@msn.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/6/15 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 THE APPROPRIATE STAFF MEMBER. Patty Moos Planner I Phone: (817) pmoos@ci.southlake.tx.us Planning Review 1. The intent of the street configurations of Cheyenne Park Lane and Castle Rock Drive was to connect the two streets. In the Subdivision Ordinance, Article V, Section 5.01 General, 5.01B Continuity of Street Systems, Continuity of Street Systems: Proposed streets for a subdivision shall be effectively related to the present and future street system and development of the surrounding area. Any proposed streets shall provide for appropriate continuation or completion of any existing streets, whether constructed or dedicated, which project to the limits of a proposed subdivision or are adjacent to the subdivision. In the event that dead end streets either dedicated or constructed are not to be extended, permanent turn around facilities shall be constructed by the developer not extending such street. Appropriate provisions (Section 5.03-K-1) shall be made for access to adjoining unsubdivided land. The applicant has proposed to leave the street configuration as it currently exists. (Variance Requested, as part the RPUD regulations and plan.) 2. Correct the zoning regulations to match the setbacks as shown on each lot. Also, work with the city staff to better define the proposed setback from Cheyenne Park Lane so that it can be mathematically geometrically/geometrically tied to the lot. Tree Conservation/Landscape Review Attachment D ZA Page 1

18 Keith Martin Landscape Administrator Phone: (817) TREE CONSERVATION COMMENTS: 1. The Cottonwood has partially declined and would probably be removed when a house is built on the lot. Informational Comment: * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% 20% 70% % 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * 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. LANDSCAPE COMMENTS: No comments. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Attachment D ZA Page 2

19 Om Garty-Chhertri, P.E. Civil Engineer Phone: (817) GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Sidewalks shall be required to be constructed with each dwelling. * 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: 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. WATER COMMENTS: 1. City s Water master plan calls for a 12 water line along Dove Rd. Extend 12 waterline to the eastern boundary and the City will reimburse the incremental difference in cost between 12 and 8. * Water lines cannot cross property lines without being in an easement or right of way. * 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. * 12 water line on Dove Road shall conform to the City s water concept plan. * Water meters and fire hydrants shall be located in an easement or right of way. SANITARY SEWER COMMENTS: 1. Minimum size for sanitary sewer is 8. Attachment D ZA Page 3

20 * Sanitary sewer in right of way shall be constructed to City standards. * Sanitary sewer service connection shall be at least 2 feet away from manhole. DRAINAGE COMMENTS: 1. Proposed driveway culvert must be sized by an engineer and submitted for approval to the City Engineer. * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No INFORMATIONAL COMMENTS: * 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: * 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) 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 *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) kclements@ci.southlake.tx.us Attachment D ZA Page 4

21 No comments. Community Service/Parks Department Review Peter Kao Construction Manager Land/park dedication requirements: The one lot had an existing house and is exempt from park fee assessment. One residential lot will be required to pay the required park fees. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide 4 ft. + concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right-Of-Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. General Informational Comments * 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. * It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No Additionally, the Avigation Easement and Release shown in Appendix 3 of the Subdivision Ordinance No. 483 should be executed on Plats to be filed in the County Plat Records. * The applicant should be aware that prior to issuance of a building permit, a Plat must be processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. Attachment D ZA Page 5

22 * Denotes Informational Comment Attachment D ZA Page 6

23 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Zoning Change and Concept Plan for Edwards Park Addition SPO# Owner Name Zoning Address Acreage Response 1. Collier, Donald Jr & Elizabeth SF1-A 800 VICTORIA LN 1.66 NR Radcliff, Zack D Etux Pearlean SF1-A 780 E DOVE RD 0.98 NR Timmons, Clay B Etux Cara L RPUD 774 BLACK FOREST CT 0.55 NR Satsky, Daniel B Etux Amy W RPUD 770 BLACK FOREST CT 0.57 NR Lee, Justin Etux Kim Lee RPUD 775 BLACK FOREST CT 0.60 NR Nordtvedt, Richard Etx Liliana RPUD 2163 ESTES PARK DR 0.38 NR Goldschmidt, Douglas Etux Marg RPUD 2159 ESTES PARK DR 0.37 NR Kapoor, Sanjiv Etux Upasna RPUD 2155 ESTES PARK DR 0.35 NR Baiotto, Brent R Etux Sarah RPUD 774 CASTLE ROCK DR 0.47 NR Menon, Rajasekhar C & Indu RPUD 2151 ESTES PARK DR 0.36 NR Attachment E ZA Page 1

24 Michaelides, Jason Etux Alisha RPUD 905 ASPEN RIDGE DR 0.46 NR Death, James Lee RPUD 901 ASPEN RIDGE DR 0.46 O McLaughlin, Michael P Etux T RPUD 775 CASTLE ROCK DR 0.36 NR Tt Management Llc RPUD 2117 ESTES PARK DR 0.38 NR 15. Bulatao, Brian J RPUD 2112 CHEYENNE PARK LN 0.44 NR Sheehan, James M RPUD 2113 ESTES PARK DR 0.45 NR Canalizo, Charles Etux Alissa SF1-A 740 E DOVE RD 1.49 NR Pierret, Brian Etux Christine RPUD 845 E DOVE RD 1.24 NR 19. Medici, Jeffrey P Etux Pamela RPUD 2123 CHEYENNE PARK LN 0.54 NR Tabrez, Shams AG 855 E DOVE RD 1.95 NR Bulatao, Brian Etux Robin AG 825 E DOVE RD 1.96 NR 22. Berwick, Tracy Etvir Robert D RPUD 23. Hicks, Jon W Etux Holly W RPUD 2119 CHEYENNE PARK LN CHEYENNE PARK LN 0.50 NR O 24. Long, Michael R SF1-A 801 VICTORIA LN 1.64 NR F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-four (24) Responses Received: In Favor: 0 No Response: 22 Opposed: 2 Attachment E ZA Page 2

25 Attachment E ZA Page 3

26 Attachment E ZA Page 4

27 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO 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 TRACT 1A1C OF THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 525, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.99 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT A FROM AG AGRICULTURAL DISTRICT TO R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT FOR EDWARDS PARK ADDITION, 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, Attachment F ZA Page 1

28 WHEREAS, the hereinafter described property is currently zoned as AG Agricultural District under the City s Comprehensive Zoning Ordinance; and, WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health 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, Attachment F ZA Page 2

29 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 Attachment F ZA Page 3

30 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 1A1C of the Absolom H. Chivers Survey, Abstract No. 525, - City of Southlake, Tarrant County, Texas, being 1.99 acres, and more completely described in Exhibit A from AG Agricultural District to SF-1A Single Family Residential District for Edwards Park Addition as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit B, and subject to the following conditions: City Council Meeting December 2, 2014: Approved (7-0) for the 1 st Reading of the Zoning Change and Concept Plan for Lot 1 and 2 of the Edwards Park Addition; noting that the land to the southern portion of the site will either be dedicated to the City or to the adjacent homeowner to the south; approving the cul-de-sac as shown; and noting the Staff Report dated November 25, 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 Attachment F ZA Page 4

31 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 overcrowding 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 Attachment F ZA Page 5

32 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. Attachment F ZA Page 6

33 PASSED AND APPROVED on the 1 st reading the 2nd day of December, MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 nd reading the 21st day of April, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment F ZA Page 7

34 EXHIBIT A RESERVED FOR METES AND BOUNDS DESCRIPTION Attachment F ZA Page 8

35 EXHIBIT B RESERVED FOR APPROVED DEVELOPMENT PLAN Attachment F ZA Page 9