Department of Planning & Development Services

Transcription

1 Department of Planning & Development Services S T A F F R E P O R T January 14, 2015 CASE NO: PROJECT: EXECUTIVE SUMMARY: REQUEST DETAILS: ZA Zoning Change and Concept Plan for Edwards Park Addition Clayton and Clayton Real Estate is requesting approval of a Zoning Change and Concept Plan from AG Agricultural District to SF-30 Single Family Residential District for Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525 for two (2) residential lots and one open space lot on 1.99 acres. SPIN #3 Clayton and Clayton Real Estate is requesting approval of a Zoning Change and Concept Plan from AG Agricultural District to SF-30 Single Family Residential District for Tract 1A1C of the Absolom H. Chivers Survey, Abstract No The site is located 825 W. Dove Road and currently consists of one (1) unplatted lot and does not contain any structures. The applicant is proposing two single family residential lots (approximately 33,029 sf and 34,511 sf) along with a 52-foot right-of-way dedication on E. Dove Road and a 60-foot radius cul-de-sac right-of-way at the dead end on the east end of Castle Rock Drive. The north lot will front on E. Dove Road and the south lot will front 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 will be constructed with the development. The open space lot is located on the south side of the Castle Rock cul-de-sac. In order to irrigate Lot 3X, the developer may install a separate irrigation meter to irrigate Lot 3X or tie in to the domestic irrigation of Lot 2. The applicant will be providing a revised concept plan to move the cul-de-sac right-of-way 12 feet west of the east property line (currently at the east property line)at the January 20, 2015 meeting. This revision is being made to accommodate grading transitions to the adjacent east lot. This proposal is associated with the Preliminary Plat for the proposed Edwards Park Addition under Planning Case ZA and a Land Use Plan Amendment under Planning Case CP At the January 6, 2015 meeting, City Council requested that the applicant and the Estes Park HOA executing an agreement regarding Lot 2, Block 1. A draft agreement has been provided in the report (Attachment C, page 4). Staff Attachment A ZA Page 1

2 believes that a finalized agreement will be provided at the January 20, 2015 City Council meeting. ACTION NEEDED: 1) Consider 2 nd Reading approval of the Zoning Change & Concept Plan 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. 3, dated December 29, 2014 (E) Surrounding Property Owners Map and Responses (F) Ordinance No b (F) Full Size Plans (for Commissioners and Council members only) STAFF CONTACT: Ken Baker (817) Patty Moos (817) Attachment A ZA Page 2

3 BACKGROUND INFORMATION OWNERS: APPLICANT: PROPERTY SITUATION: LEGAL DESCRIPTION: LAND USE CATEGORY: PROPOSED LAND USE: CURRENT ZONING: REQUESTED ZONING: HISTORY: CITIZEN INPUT: SOUTHLAKE 2030: 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 SF-30 Single Family Residential District 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 single-family 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- Attachment A ZA Page 3

4 Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. The applicant is proposing to designate the 2 lots as Medium Density Residential land use designation. The applicant s proposed development complies with the Medium Density Residential land use category, which is defined by the Future Land Use Plan as: The Medium Density Residential category is suitable for any singlefamily detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. While the development being proposed is consistent with the Medium Density land use designation it is not 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. In Section 5.06 of the Subdivision Ordinance, a 4-foot sidewalk will be required to be constructed around the proposed cul-de-sac on Castle Rock Drive. Sidewalks along E. Dove Road and Castle Rock Drive to Cheyenne Park Lane will be constructed with this development. TREE PRESERVATION: UTILITIES: Two (2) trees are proposed to be removed with this request. The tree preservation ordinance requires 60% of the existing trees to be preserved. 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: 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. CITY COUNCIL: 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; Attachment A ZA Page 4

5 approving the cul-de-sac as shown; and noting the Staff Report dated November 25, January 6, 2014; Approved (7-0) the motion to table until the January 20, 2015 City Council meeting. STAFF COMMENTS: Attached is the Zoning Change and Concept Plan Review Summary No. 2, dated November 14, 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 5

6 Attachment B ZA Page 1

7 Plans and Support Information Proposed Concept Plan A revised Concept Plan will be provided to City Council for the January 20, 2015 Attachment C ZA Page 1

8 Attachment C ZA Page 2

9 Attachment C ZA Page 3

10 DRAFT Agreement for the Estes Park HOA and Lot 2 Block 1 Edwards Park Addition AGREEMENT BETWEEN THE ESTES PARK HOMEOWNERS' ASSOCIATION AND THE OWNER OF LOT 2, BLOCK 1 OF THE EDWARDS PARK ADDITION, SOUTHLAKE, TX This Agreement Between The Estes Park Homeowners' Association And The Owner Of Lot 2, Block 1 Of The Edwards Park Addition, Southlake, TX (the "Agreement'') is executed this day of, January, 2015 by and between The Estes Park Homeowners' Association, Inc. and the Owner of Lot 2, Block 1 of The Edwards Park Addition, Southlake, TX (the "Owner"), collectively the Parties. I. RECITALS WHEREAS, Lot 2, Block 1 of the Edwards Park Addition, Southlake, TX has an address of 825 E. Dove Rd and is generally located adjacent to the Estes Park subdivision in the City of Southlake; and WHEREAS, the Estes Park subdivision is governed by that certain document entitled the Declaration of Covenants, Conditions and Restrictions for Estes Park Phase I (the "Covenants") recorded in the property records of Tarrant County, Texas as Document # D on October 11, 2004 and also the five supplemental declarations to the Covenants, also recorded in the property records of Tarrant County, Texas; and and WHEREAS, the Covenants are enforced by the Estes Park Homeowners' Association, Inc. (the "HOA"); WHEREAS, subject to the terms and conditions listed below, the Owner of Lot 2, Block 1 of the Edwards Park Addition ("Lot 2") and the HOA are mutually desirous of having Lot 2 become a member of the HOA; and WHEREAS, the Parties desire to take any and all actions in furtherance of such action. NOW, THEREFORE, for and in consideration of the mutual promises and obligations set forth and the Parties hereto intending to be legally bound, agree as follows: 1. Lot 2 will become a voting member of the HOA and as a voting member of the HOA, will be subject to the Covenants, as amended from time to time, and have all of the rights, privileges and obligations of membership upon the completion of the home to be built on Lot 2 and the granting of a final certificate of occupancy by the City of Southlake. 2. Lot 2 will have no obligation to pay any HOA dues or be subject to the Covenants until such time as the home to be built on Lot 2 is fully completed and is granted a final certificate of occupancy by the City of Southlake. 3. The Owner agrees to submit its architectural and/or building plans (the "Plans") to the Architectural Control Committee (the "ACC") of the HOA for review prior to pulling a building permit with the City of Southlake and agrees to ensure that the Plans are substantially in conformance with the Covenants such that Attachment C ZA Page 4

11 the ACC would grant approval if Lot 2 was already a member of the HOA. The Owner further agrees that the initial home to be built on Lot 2 will have a minimum square footage of 5,500 air-conditioned area. 4. The Owner agrees to install a 6 ft. wrought iron and wood fence along the eastern boundary side of Lot 2 in conformance with the Covenants at such time as the existing eight (8) foot wooden fence is replaced. 5. The Owner agrees that any landscaping plan for the Property will be submitted to the ACC for review prior to installation and agrees to ensure that the landscaping plan will be substantially in conformance with the Covenants such that the ACC would grant approval if Lot 2 was already a member of the HOA. 6. The HOA agrees to submit a written notice of support for ZA to the City of Southlake on or before January 12, The HOA further agrees that no member of the HOA board of directors will speak in opposition of ZA in his or her capacity as a member of the board of the HOA. 7. The Agreement and its terms, covenants, conditions, provisions, obligations, undertakings, rights and benefits, shall be binding upon, and shall inure to the benefit of, the undersigned parties and their respective heirs, executors, administrators, representatives, officers, directors, shareholders, successors, agents, servants, employees, principals, partners, limited and general, and assigns. 8. The parties agree to bear their own costs, unless specified otherwise in this Agreement. 9. The Agreement shall be construed and interpreted in accordance with the laws of the State of Texas. 10. The Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the terms and intent of the Agreement. Executed as, Estes Park Homeowners' Association, Inc.: By: Its: Owner of Lot 2, Block 1 of The Edwards Park Addition, Southlake, TX: Ananth Mallavarapu Surekha Koya Attachment C ZA Page 5

12 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared LESLIE MITCHELL, President of the Estes Park Homeowners' Assn, Inc., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of, Notary Public State of Texas My Commission expires: STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ARANTH MALLAVARAPU, Owner of Lot 2, Block 1 of the Edwards Park Addition, Southlake, TX, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed it for the purposes and consideration expressed in it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of, Notary Public State of Texas My Commission expires: 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 CONCEPT PLAN REVIEW SUMMARY : ZA Review No.: Four Date of Review: 1/13/15 Project Name: Edwards Park Addition Lots 1 and 2 APPLICANT: Clayton and Clayton Real Estate Owners: Arthur Clayton Brian and Robin Bulatao 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 11/3/14 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 THE APPROPRIATE STAFF MEMBER. Patty Moos Planner I Phone: (817) pmoos@ci.southlake.tx.us Planning Review 1. The proposed zoning and concept plan do not conform to the City s Land Use Plan. Approval of a Land Use Plan Amendment is needed. 2. Label the ROW on the proposed cul-de-sac. 3. If any, label all existing and proposed fencing and type of fence. 4. The proposed open space lot will need to be maintained by either the HOA or Lot 2 property owner. The City will not be responsible for the maintenance of the lot. Maintenance of the lot will need to be determined prior to issuance of a construction permit of the cul-de-sac. 5. All plats of property in the noise cone as defined in the Zoning Ordinance shall provide the avigation easement note on the face of any plat intended to be filed in the County Plat records. See Appendix 3 in the Subdivision Ordinance. * The intent of the street configurations of Cheyenne Park Lane and Castle Rock Drive was to connect the two streets. The applicant is proposing to extend Castle Rock Lane as a cul-desac. Attachment D ZA Page 1

18 Keith Martin Landscape Administrator Phone: (817) TREE CONSERVATION COMMENTS: Tree Conservation/Landscape Review 1. The Cottonwood shown to be preserved at the front of the lot adjacent to East Dove Road has partially declined and would probably be removed when a house is built on the lot. 2. The construction for the proposed cul-de-sac will be within the critical root zone area of the 40 Hackberry at the back of the property. If the tree s location is correct and not increase in grade change occurs is needed, the tree should be alright. * 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. Attachment D ZA Page 2

19 LANDSCAPE COMMENTS: * The required bufferyard adjacent to East Dove Road has been provided. * Indicates informational comment. # Indicates required items comment. Om Garty-Chhertri, P.E. Civil Engineer Phone: (817) ochhertri@ci.southlake.tx.us Public Works/Engineering Review GENERAL COMMENTS: This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. Additional Right of Way dedication may be required at Castle Rock Drive to accommodate the Fire hydrant, sidewalk and water meter. Fire hydrant shall be 3 from any obstruction. 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. Extend the 8 waterline at Castle Rock Dr. to connect to Waterline at Cheyenne Park Lane to create a loop. Additional water easement may be required. 2. In order to irrigate Lot 3X, the developer may install a separate irrigation meter to irrigate Lot 3X or tie into the domestic irrigation of Lot 2. Attachment D ZA Page 3

20 3. 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. Kelly Clements Assistant Fire Marshal Phone: (817) kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. Fire Department Review Peter Kao Construction Manager pkao@ci.southlake.tx.us Park Board comments or recommendations: Community Service/Parks Department Review All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) for further details. Land/park dedication requirements: Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. Two lots are being platted. One lot had an existing house and is exempt from park fee assessment. Second lot did not have an existing house and must be assessed a park fee. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of $3000 per dwelling unit x 1 new dwelling units= $ will be required. Fees will be collected with the approved developer s agreement. 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. Attachment D ZA Page 4

21 General Informational Comments * The City of Southlake recommends meeting with the Estes Park HOA and/or adjacent property owners regarding this project prior to the Planning and Zoning Commission meeting. * 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. * Denotes Informational Comment Attachment D ZA Page 5

22 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 Michaelides, Jason Etux Alisha RPUD 905 ASPEN RIDGE DR 0.46 NR Attachment E ZA Page 1

23 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

24 Attachment E ZA Page 3

25 Attachment E ZA Page 4

26 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 SF-30 SINGLE FAMILY RESIDENTIAL DISTRICT FOR EDWARDS PARK ADDITION, 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 Attachment F ZA Page 1

27 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 Attachment F ZA Page 2

28 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 Attachment F ZA Page 3

29 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-30 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, 2012: 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 accordance with the comprehensive plan for the purpose of promoting the health, safety, Attachment F ZA Page 4

30 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 comply with or who resists the enforcement of any of the provisions of this ordinance shall be Attachment F ZA Page 5

31 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

32 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 6th day of January, MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Attachment F ZA Page 7

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

34 EXHIBIT B RESERVED FOR APPROVED CONCEPT PLAN Attachment F ZA Page 9