Item 7B9
CASE NO: ZA21-0058
SOUTHLAKE
PLANNING &DEVELOPMENT
SERVICES
STAFF REPORT
August 31, 2021
PROJECT: Zoning Change and Concept Plan for Pemberton
EXECUTIVE
SUMMARY: DeCavitte Properties is requesting 1st Reading approval of a Zoning Change and
Concept Plan on property described as Tract 5A03, Samuel Freeman Survey, No.
525 Addition, City of Southlake, Tarrant County, Texas, located at 603 N. Kimball
Avenue, Southlake, Texas. Current Zoning: "AG" Agricultural District. Proposed
Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood #4.
DETAILS
VARIANCES
REQUESTED:
The property is generally located at the southeast corner of the intersection of N.
Kimball Avenue and Still Water Court.
The purpose of this request is to develop 6 single family residential lots on 3.749
acres.
Site
Data Summary
Pemberton Concept Plan Option A
Existing Zoning
AG
Proposed Zoning
SF-20A
Land Use Designation
Medium Density Residential
Gross Acreage
3.749
Residential Lots
6 lots
Density- DU/Gross Acre
1.60
Open Space %
NA
Average Lot Area
24,348 sf
1) The proposed street R.O.W. does not meet the minimum 50 ft. width at its
connection with Cotswold Valley Ct. Cotswold Valley was approved with a 40
ft. R.O.W. The proposed Pemberton Drive transitions from a 50 ft. R.O.W. to
a 40 ft. R.O.W. to match up with the Cotswold Valley Ct. (Concept Plan
Option A)
At the Planning and Zoning Commission meeting, the Commission's motion
requested that the applicant provide at least one alternative to the roadway or
access to the lots. The applicant has provided a Concept Plan Option B to be
included for the City Council meeting. A preliminary review of Concept Plan Option
B, including comments from the Fire Marshal, is included in the Concept Plan
Review #3 in this staff report.
Case No.
ZA21-0058
Variances to Option B are:
1) Perpendicular lot lines Lots 3 and 4. The side property line between Lots 3
and 4 is not perpendicular the street. Section 8.01.D: All side lot lines shall
be perpendicular to the ROW lines or radial in the case of a cul-de-sac or
curvilinear design.
2) Street frontage Lots 5 and 6: Lots 5 and 6 do not front on a public street or
private street, both front on an access easement (Ord. 483, Section
8.01.A). If required to provide a street, a minimum 5 ft. sidewalk is required
along the street front. (Ord. 483, 5.06)
ACTION NEEDED: Consider approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. #3, dated August 31, 2021
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-786
Full Size Plans (for Commission and Council members only)
Presentation
Narrative with Variance Request
Plans
Corridor Planning Committee Report
SPIN meeting Report
STAFF CONTACT: Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No.
ZA21-0058
OWNERS:
APPLICANT:
BACKGROUND INFORMATION
Sicem603, LLC
Dean DeCavitte
PROPERTY SITUATION: 603 N. Kimball Avenue
LEGAL DESCRIPTION: Tract 5A03, Samuel Freeman Survey, No. 525 Addition
LAND USE CATEGORY
CURRENT ZONING
PROPOSED ZONING:
HISTORY:
SOUTHLAKE 2030 PLAN:
PATHWAYS
Medium Density Residential
"AG" Agricultural District
"SF-20A" — Single Family Residential District
"AG" Zoning District was approved with the adoption of the Zoning
Ordinance No 480 and the official Zoning Map on September 19, 1989.
Consolidated Future Land Use Plan
The 2035 future land use designation for the
site is "Medium Density Residential". The
request to change the zoning to "SF-20A" Single
Family Residential District which is consistent
with this land use designation.
Mobility & Master Thoroughfare Plan
The Master Thoroughfare Plan shows N.
Kimball Avenue as a divided 4-lane local street
with 88' of right of way. The N. Kimball Avenue right -of way was provided
with the street expansion. Still Water Ct. is a 2-lane local street with a 50-
foot right-of-way. The new proposed street (Pemberton Drive) connection
from Still Water Ct. to Cotswold Valley Ct. will be a 50-foot right-of-way with
be dedicated with this development. The Pemberton Drive right-of-way will
be reduced to a 40-foot right -of way near the Cotswold Valley Ct.
connection. The applicant has requested a variance to allow this right-of-
way reduction.
MASTER PLAN: There is currently an existing 6-foot sidewalk on the east side of N. Kimball
Avenue. The applicant is proposing 5-foot sidewalks on the south side of
Still Water Ct. and along the Pemberton Drive 50-foot right-of-way and 40-
foot reduced right-of-way connection. A portion of this southern 5-foot
sidewalk on each side of Pemberton Drive will be located within a 5-foot
sidewalk and utility easement adjacent to the existing Cotswold Valley
development.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Currently, N. Kimball Avenue is an 88-foot, 4-lane divided arterial. Still
Case No. Attachment A
ZA21-0058 Page 1
Water Court is currently constructed as a 30 ft. wide local street within a
50-foot right-of-way. Cotswold Valley Ct. is a 2-lane 40-foot wide right -of
way street with a cul-de-sac with a 55-foot radius and a 40-foot right-of-way
stub out at the north end of the cu-de-sac.
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-D
since it is being rezoned. The proposed preservation of existing tree cover
complies with the Existing Tree Cover Preservation Requirements of the
Tree Preservation Ordinance. There is 30.31 % of existing tree cover on the
site and a minimum of 60% of the existing tree cover is required to be
preserved. A total of 63.99% of existing tree cover is proposed to be
preserved, and 20.41 % is designated as marginal.
UTILITIES: An existing 8-inch water line is located along the north side of Still Water
Ct. and an 8-inch line extending to the north property line at the Cotswold
Valley Ct. cul-de-sac. The applicant is proposing to connect an 8-inch
water line at the 8-inch waterline in Still Water Ct. along the east side of
Pemberton Drive to the 8-inch water line at the Cotswold Valley Ct. cul-de-
sac.
There is an existing 10-inch sewer line along the west side of the Cotswold
Valley Ct. cul-de-sac. The applicant is proposing to provide 8-inch sewer
connection from the Cotswold Valley Ct. cul-de-sac north along the within
Pemberton Drive to Lots 2 and 3.
DRAINAGE: The drainage generally flows to the east on the southern portion of the lot
and flows north at the northwest portion of the property.
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting was held for this project on August 10, 2021.
A 2035 Corridor Planning Committee meeting was held on June 2, 2021.
PLANNING AND
ZONING COMMISSION: August 19, 2021; Approved (6-0) subject to the Staff Report dated August
13, 2021, and the Concept Plan Review Summary No. 2 dated August 13,
2021; approving the requested variance; and noting the applicant's
willingness to present at least one alternative for the roadway or access to
the lots to City Council.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. #3, dated August 31,
2021.
Case No. Attachment A
ZA21-0058 Page 2
Vicinity Map
Pemberton 603 N. Kimball Avenue
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ZA21-0058
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Concept Plan
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Case No.
ZA21-0058
Attachment B
Page 1
Case No.: ZA21-0058
CONCEPT PLAN REVIEW SUMMARY
Review No.: Three
Name: Zoning Change and Concept Plan — 603 N. Kimball Avenue
APPLICANT: DeCavitte Properties
Dean DeCavitte / Curtis Young
P.O. Box 92446
Southlake, TX 76092
Phone: 817-946-0346
Email: dean.decavitte(a)-gmail.com /
cyoungp_sage-dfw.com
Date of Review: 8/31/21
OWNER: Sicum603, LLC
Dean DeCavitte
603 N. Kimball Ave.
Southlake, TX 76092
Phone: 817-946-0346
Email: dean.decavitte@gmaiI.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 8/2/2021 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.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos(a�ci.southlake.tx.us
Proposed Concept Plan, Option A:
1. The proposed street R.O.W. does not meet the minimum 50 ft. width at its connection with
Cotswold Valley Ct. Cotswold Valley was approved with a 40 ft. R.O.W. The proposed Pemberton
Drive transitions from a 50 ft. R.O.W. to a 40 ft. R.O.W.to match up with the Cotswold Valley Ct.
VARIANCE REQUESTED
2. Correct the density. It should be 1.6 du/ac.
3. All development must comply with the underlying zoning district regulations.
Option B (as requested by P&Z 8-19-21)
1. Subdivision Ordinance 483, Section 8.01, Lotting Requirements:
a. The side property line between Lots 3 and 4 is not perpendicular the street. Section
8.01.D: All side lot lines shall be perpendicular to the ROW lines or radial in the case of a
cul-de-sac or curvilinear design. (Variance Requested)
b. Lots 5 and 6 do not front on a public street or private street, both front on an access
easement (Ord. 483, Section 8.01.A). If required to provide a street, a minimum 5 ft.
sidewalk is required along the street front. (Ord. 483, 5.06) (Variance Requested)
2. Additional information for tree conservation, drainage, and utilities will need to be provide and
reviewed by staff.
3. All development must comply with the underlying zoning district regulations.
Case No. Attachment C
ZA21-0058 Page 1
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin(a)ci.south lake.tx.us
TREE CONSERVATION COMMENTS:
The proposed preservation of existing tree cover complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is 30.31 % of existing tree
cover on the site and a minimum of 60% of the existing tree cover is required to be preserved. A
total of 63.99% of existing tree cover is proposed to be preserved, and 20.41 % is designated as
marginal.
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%
20.1 — 40%
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 / BUFFERYARDS COMMENTS:
The minimum of a 10' — B Type bufferyard and associated plant material is required to be
provided along the west property line adjacent to N. Kimball Avenue
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Case No. Attachment C
ZA21-0058 Page 2
Sandy Endy, P.E.,
Civil Engineer
Phone: (817) 748-8033
E-mail: sendy(a-)-ci.southIake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of the civil
construction plans.
Sidewalk widths shall conform to the Southlake Pathways Plan.
WATER AND SANITARY SEWER
All public utilities shall be located within right-of-way and or a dedicated utility easement.
DRAINAGE COMMENTS:
Lots 3 and 4 may require a drainage easement along the rear of the lot due to the adjacent creek.
Per the Drainage Ordinance, the drainage easement shall be of sufficient width to contain the
ultimate 100-year storm plus one foot of freeboard.
INFORMATIONAL COMMENTS:
Submit 22"x34" civil construction plans and a completed Construction Plan Checklist to the
Public Works Department through the online customer self service portal located here: CSS
(cityofsouthlake. com). Please allow 15 business days for review. The plans shall conform to the
most recent construction plan checklist, standard details and general notes which are located on the
City's website:
http://www.cityofsouthlake.com/PubIicWorks/engineeringdesign.asp
New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part 111, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the
SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
Retaining walls greater than 4-feet including the footing shall require structural plans prepared by
a registered engineer in the State of Texas. Retaining walls shall require a permit from the
Building Inspections Department prior to construction.
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements(aci.southlake.tx.us
GENERAL COMMENTS:
Option A:
Case No. Attachment C
ZA21-0058 Page 3
No comments based on submitted information.
Option B:
1. An automatic fire sprinkler system shall be installed in all residential structures that exceed
6,000 square feet, excluding porches and patios.
2. Fire apparatus access needs to be provided within 150 feet of all exterior portions of the
perimeter of the residence if it is not protected with an automatic fire suppression system
and within 250 feet of all exterior portions of the structure if it is protected with an automatic
fire suppression system.
3. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum
of 31 feet wide, back of curb to back of curb. Surface must be capable of supporting
apparatus. (A minimum of 85,000 pounds GVW) (A vertical clearance of 14 feet must also
be provided)
General Informational Comments
It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and
will require an avigation easement on the final plat and construction standards that meet
requirements of the Airport Compatible Land Use Zoning Ordinance No. 479.
No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
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.
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
Case No. Attachment C
ZA21-0058 Page 4
SURROUNDING PROPERTY OWNERS' MAP
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PO #
Owner
Zoning
Physical Address
Acreage
Response
1.
AZAMAR, PETER
SF1-A
780 SHADY LN
0.35
NR
2.
AZAMAR, PETER
SF1-A
800 SHADY LN
0.69
NR
3.
GATEWAY CHURCH
NRPUD
700 N KIMBALL AVE
3.66
NR
4.
J & A FRITH PROPERTIES SOUTHLA
SP2
584 N KIMBALL AVE
0.47
NR
5.
JAD LAND MGMT LLC SERIES
SP1
1630 N KIMBALL AVE
0.58
NR
6.
LEE, K WAYNE
SP2
578 N KIMBALL AVE
0.50
NR
7.
CARRASCO JEREMY & ANGELA REV
SF1-A
616 SHADY LN
0.86
NR
8.
AZAMAR, PETER
SF1-A
780 SHADY LN
0.28
NR
9.
AZAMAR, PETER
SF1-A
780 SHADY LN
0.52
NR
10.
AZAMAR, PETER
SF1-A
800 SHADY LN
1.32
NR
11.
SOUTHLAKE, CITY OF
SF1-A
840 SHADY LN
0.42
NR
12.
SOUTHLAKE, CITY OF
SF1-A
840 SHADY LN
0.82
NR
13.
OATES, CINDY ZIGLAR
SF1-A
712 SHADY LN
1.32
NR
14.
CITY OF SOUTH LAKE
TZD
932 GLEN LAKE DR
9.62
NR
15.
WALTZ, THOMAS
SF20A
2212 STILL WATER CT
1.01
NR
16.
TAYLOR, DEBORAH R
SF1-A
610 SHADY LN
0.86
NR
17.
NGUYEN, DAN DINH
SF20A
12208 STILL WATER CT
1 0.92
Ip
18.
VU, JON
SF20A
1801 N KIMBALL AVE
I 1.05
NR
19.
AMOS, JAMES H
SF20A
2204 STILL WATER CT
I 1.27
NR
20.
DENMAN, GARRY
SF20A
2200 STILL WATER CT
I 1.03
O
21.
SHARMA, ARVIND
RPUD
2236 COTSWOLD VALLEY CT
I 0.26
NR
22.
BALDWIN, RICHARD
I RPUD
12200 COTSWOLD VALLEY CT
I 0.27
NR
23.
ASHER, GREGORY B
I RPUD
12244 COTSWOLD VALLEY CT
0.27
F
24.
RAHMAN, MADIHA
I RPUD
12240 COTSWOLD VALLEY CT
0.34
NR
Case No. Attachment D
ZA21-0058 Page 1
25.
LO, CHAKYAN
RPUD
2232 COTSWOLD VALLEY CT
0.25
NR
26.
SMITH, MICHAEL J
RPUD
2208 COTSWOLD VALLEY CT
0.24
NR
27.
CURRENT OWNER
RPUD
2204 COTSWOLD VALLEY CT
0.25
NR
28.
CURETON, RICHARD
RPUD
2229 COTSWOLD VALLEY CT
0.38
NR
29.
BAYLOR UNIVERSITY
AG
1603 N KIMBALL AVE
3.70
NR
30.
DOLL, PAUL G
RPUD
2237 COTSWOLD VALLEY CT
0.41
NR
31.
579 KIMBALL LLC
RPUD
2221 COTSWOLD VALLEY CT
2.76
NR
32.
GILMAN INVESTMENTS LLC
SP2
590 N KIMBALL AVE
0.55
NR
33.
J & A FRITH PROPERTIES SOUTHLA
SP2
596 N KIMBALL AVE
0.31
NR
34.
J & A FRITH PROPERTIES SOUTHLA
SP1
1620 N KIMBALL AVE
0.77
NR
35.
Supt of Carroll ISD
NR
36.
Supt of Grapevine Colleyville ISD
NR
37.
Supt of Northwest ISD
NR
38.
ISupt of Keller ISD
NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Twenty-nine (29)
Responses Received: In Favor: 1 Opposed: 2 Undecided: No Response: 26
Responses received outside 200 ft.: In Favor: 0 Opposed: 2 Undecided: 0
Position not selected: 1
Case No. Attachment D
ZA21-0058 Page 2
SURROUNDING PROPERTY OWNERS' RESPONSES
WITHIN 200 FT.
Notification Response Form
ZA 1-0058:
Zoning Change and Concept Plan
for Pemberton
Meeting Date: August 19, 2021 at 6:30 PM
Fill out:
Owner: [tarry Denman
Address: 2200 Still Water Court
City, State, Zip Code' Southlake, gH 76092
Direct questions and mail responses to:
City of Southlake
planning .& Dove lopment Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Rhone: (817) 748.8621
Fax: (817) 748-8077
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of o a -Sit o undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position;
The zoning change requested at Thursday August 19, 2021 6:30 meeting,
This Change will impact two uo®uulties at the awpenHe of the Homavwaer
to benefit the Developer.
Signalure;
Date; 8-11-2021
Additional Signature; Date: I f
Printed hlame(S)' Ca ry & KBt y Denman
Must be property owner(s), Otherwise contact the Planning Department. 0r}e Form per property,
Phone Number(opflonal);
Case No. Attachment E
ZA21-0058 Page 1
Notification Response Form
A l -00 :
Zoning Change and Concept Plan
for Pemberton
Meeting Date. August 19, 2021 at 6.30 PM
Fill out:
Owner: f a fi FM ��� �D
Address: J a 0 fl WA. r (h,.v
a
City, State, Zip Code: kj� 7o
Direct gnas€ions and ma responses to:
City of Southlake
Planning & Dweloptnent Services
Notitication Response :.
140D Main t; Ste 310
gouthlake, TX 76092
Phone: (817) 748-8021
Fax: (817� 749-BO77
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(a) of the property so noted alcove, are hereby
in favor of apposed t undecided about
(circle or underline one)
the proposed Zoning Change and Concept Ilan referenced above.
Space for comments regarding your position:
F4Yde L& L 4 At CAW o' W1Y n.-� rXl'f C0j"A'2-K C19
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' C
1 c o o h e raj �ficle . e to a crewii^a reA, tiv eonff'. e 17AfI 1�s
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igna re: Date: �0 ++
Additional Signature' Date: �` 1
Printed Narrme(sl;-' i ft _ %F 12L-1611 + i ~ + T /
yo
Must be property owner(s). Otherwise contact the planning Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA21-0058 Page 2
Notification Response Farm
ZA21-005 :
Zoning Change and Concept Plan
for Pemberton
Meeting Date: August 19, 2021 at 6:3D PM
Fill out,
Owner: Gregory Asher
Address: 2244 Cotswold Valley Ct
C ity, State, Zip Code- ScuthIake, TX 76092
Direct questions and mail responses to:
City of Southlake
Planning & Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Phone: (817) 748-8 21
Fax: (817) 748-8077
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the properly so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
My wife and I own property immedia-e y adjacent to the development proposed by DeCavitte Properties_ We Favor small neighborhoods with an
eclectic vibrance rather than a homogeneous mass of monotony. We support of the proposed plans as prese nted at the zon ing commission
meeting_ In fact, my wife was even in favor of adjustments as necessary to our property to avoid the waive r that the Comm issian approved_
Before we bought ourproperty, we reviewed current zoning and future land use plans for Southlake. We also reviewed water drainage and flood
plains, and this led us not to buy property in Patterson's Pond —the pond bothered us.
We talked to our developer for the then Hillman's property as we planned to buy adjacentto said property. We learned there were discussions
between bath our developer and the original developer with M r. Hill man to buy the property. Ha deals were made due to aski no price. That would
have extended our cu I- de -sac and put a backyard fence along SUI I Water Ct. This means that there were no Plans for that land to be part of the
Patterson's Pond HOA. Our developer told us there were no guarantees what will happen to that property. We baug ht adjace nt to the lot k nowi ng
the future was uncertain.
The presented plans of DeCavitte Properties are a nice Future. We do not favor a new cul-de-Sac with a new entrance on already busy Kimball [that,
needs a pedestrian crosswalk at Kirkwood for the nearby middle scha-al}. We do- nctfavor a stub street with two homes in our neighborhood and
Four homes onto- the other. That would be a plan homeowners in Estancia wou Id vote ag ainst as those two homes would sim ply be out-af-place.
We favor all six homes making their own new small neighborhood.
Per plans show to us by DeCavitte Properties, a through street is the best solution. No one in our neighborhood that I have talked with has
objections. We are happy to have the pro fi nally developed and are happy with the developer to be. Estancia objections wcu Id he Filed if it
were changed per Pmuson's Pond HOA o lion We support the plan as presented.
Signature: � _ Date; 8127f2021
i -
Additional 5lgnature: Date:
Printed Name{s}: Cregcly Asher
Must be property awner(s), Otherwise contact the Planning Department, One fonu per property.
Phone Number (opt iafial): 817 291 1989
Case No. Attachment E
ZA21-0058 Page 3
RESPONSES OUTSIDE 200 FEET
Notification Response Form
A 1-00 :
Zoning Change and Concept Plan
for Pemberton
Meeting Date: August 19, 2021 at 6:30 PM
Fill out:
Owner: L%L.14yu L
Address: a
City. State, Zip) Code: ,a6 Tv 76b 'L
Direct questions and mail responses to:
City of 8outhlake
Planning & Development Servicos
Notificration Response
1400 Main St; Ste 310
Southlake, TIC 76092
Phone: (817) 740-8621
Fax: (817} 748-8077
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PU13LiC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to Undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above,
Space for comments regarding your position:
0 Aj
C
I.,
Signature:
Additional Signature:
Date -
A
Printed Nance(s);
Must be property owner(s). Otherwise contact the planning Department- One form per property.
Phone Number (optional).
Case No. Attachment E
ZA21-0058 Page 4
Nobficatlon Response Form
ZA 1-005&
Zon log Change and Concept Plan
for Flombstion
Muting Dole, August 19. 2021 el 6;30 Phl
--MI �
Owner: Henry Hubble
Ukxt gmllws and mall responses to:
Cky of $pal Isko
Wanrtlr f}evalopmonl Sarri-ces
liotlilcp�q+� R4spon so
1400 Blain St Ste 310
9ouNoko, TX 7tiM
Phone;107) 7484621
fat; III T T48.NI I
Address: 2208 Patterson Way
city, SI3te,Zip CedO: 5outhlake; Texas 76092
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR MAN DELIVERY
BEFORE THE START OF THE SCHEOULED PUBLIC HFAR11G.
Buing the owner{s) of the properly so Holed a[Me, 811'e hereby
in fmr of o } undecided al mt
(circle or underline one}
the prop d Zoning Change aftd Concepl Plan referenced abme-
Space for comments regarding your positlow
Comments attached
AdrlltlonalNnatu(v���� Date;
PrintadNam g5J.I Ienry And Marlene bubble
Mum bQ proporly awncr(q. {Mharwt54 camacl IN Plwrnl,rg Dopannrcnt. Ow corm par proporly.
Rwna Number loptlamlf:
T
Z
Case No. Attachment E
ZA21-0058 Page 5
,.. _.,.. ..- --I --
I am not apposed to a rezoning of this land for resEdentlai development. The problems i
have, are with the concept plan. The largest issue Is with the thru street connecting
Estancia with Sail water Court. The Stlll Water Court development never envisioned a
con neG#Ing thru street. Still Water Court is a cul-de-sac development. It was created as part
of the Patterson Pond development. The sign at its entrance identifies it as a Patterson's
Pond Development. It was sold and maintained as a quiet, stand-alone cul-de-sac for many
years by the homeowners and Patterson Pond HOA. The concept plan would change the
very character of Still Water Court. It will increase traffic significantly as we expect all traffic
to and from the new residences as well as an underdermiraed amount of Estancia trdMc
would utllize Still Water Court to access KimbalI Ave.
In addition, the current lots Dn Still Water Court are al 1 plus acre, which although not
required by the zoning, still contrlbubes to the pastoral feel of the street. The smaller lots
proposed wlII change the character of the cul-de-sac. The nature of the properties proposed
le metal roofs, potential for flat roof sections, inconsistent HOA rules for the same street all
will lead to an uncoord]noted and disjointed feel to the StRI Water Court cul-de sac.
We would be happy to continue to work with Me Developer and builder to modify the
concept plan to address these issues.
Vicinity Map
Pemberton 603 N. Kimball Avenue
ZA21-0058
Zoning Change and
Concept Plan
0 90180 350
Feet
Case No. Attachment E
ZA21-0058 Page 6
NA
Ad
ph
U.1
SOIRh[akc Hanning and ZnniLig A-teecin,
Public Comment Form
II-c c_grioL. RcWasopkL
ia. orLYL [o C,outntilsslon ecre[ary RrJOF W start QEFV&ULX sessioll-
wish [o share my views on an Agenda Iim: -
I will
i uk. OSI N o this item
3 do not vridL [o Wcak, bur wish LOB rocoij my SUPPORD OPPOSITION
Signature_ 49�� A
Required- red: C 7rds wS nor he redd imo the j-&urd anlesw it is sigirrc{
erg
Case No.
ZA21-0058
Attachment E
Page 7
Notification Response Form
ZA21-0056,
Zoning Change and Concept Plan
for Pemberton
Meeting Date, August 19, 2021 at 6:30 PM
Fill out: ff
City, State. Ztp Code: 1
Direct questions and mail responses to:
City of Southlake
Planning & L eyelapment Services
Notification Response
1400 Main St: Ste 31D
Southlake, TX 76092
Phone: (817) 748-8621
Fax: (817) 748-8077
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OIL HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
In favor of Cop posed to undecided about
(circle cr underline ono)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position: 4-K s-'vlI'C ,
ti 1 n ^1 cva~ nA4 4 tina'M�h Pi
'' rt'Yl i [ 1 y_ # r V r 'fr /l'l ^ r r.r� + 4w i �14r'd4�Cr
64 r�6+ } C n
rlvr"
li i 41 ! 1CA '�[' ALL 1 trite l5f i'� Cc } C!' f? YlI1 �*
signature: Date:
Addl#lonal Signature: Date:
Printed Name(s): I
phis# be property owners), otherwise contact the Planning Department. Ono forrn per properly,
Phone Number (optional):
Case No. Attachment E
ZA21-0058 Page 8
ORDINANCE NO. 480-786
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 5A03, SAMUEL FREEMAN SURVEY,
NO.525 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS BEING APPROXIMATELY 3.749 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO "SF-20A" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
SITE 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 under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment F
ZA21-0058 Page 1
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment F
ZA21-0058 Page 2
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:
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of
Southlake, Tarrant County, Texas being approximately 3.749 acres, and more fully
and completely described in Exhibit "A" from "AG" Agricultural District to "SF-20A"
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit "B", and subject to the following
conditions:
Case No. Attachment F
ZA21-0058 Page 3
1. List any conditions
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Case No. Attachment F
ZA21-0058 Page 4
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA21-0058 Page 5
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2021
1/G •C
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2021.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment F
ZA21-0058 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA21-0058 Page 7
Being described as Tract 5A03, Samuel Freeman Survey, No. 525 Addition, City of
Southlake, Tarrant County, Texas, being approximately 3.749 acres and being more
particularly described as follows:
METES AND BOUNDS DESCRIPTION
3.749 ACRES
IN THE SAMUEL FREEMAN SURVEY, A-525
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
All that certain 3.749 acres of land, out of the 4.063 acre tract, described in the deed Baylor University (50%), Anne
Thomas (25%) and Crae Hillman (25%), recorded in Document Number D220103250 in the Deed Records of
Tarrant County, Texas (D.R.T.C.T.), in the Samuel Freeman Survey, A-525, City of Southlake, Tarrant County,
Texas, and more particularly described by metes and bounds as follows: (All bearings shown hereon are based on
the Texas Coordinate System of 1983, North Central Zone)
BEGINNING at a 1/2" iron rod with a cap stamped "Brittain & Crawford" found for the south corner of the southeast
right-of-way cutback line, at the intersection of the east right-of-way line of North Kimball Avenue (R.O.W. Varies),
and the south right-of-way line of Still Water Court (50' R.O.W.), common to a point for corner of the 0.140 acre right-
of-way dedication recorded in Document Number D211021555 D.R.T.C.T.;
THENCE North 43' 41' 16" East - 28.52' along said southeast right-of-way cutback line, to a 1/2" iron rod with a cap
stamped "Brittain & Crawford" found for the east corner of right-of-way cutback line, and in the south right-of-way of
said Still Water Court, common to the north line of said 4.063 acre tract;
THENCE North 88' 08' 30" East along the south right-of-way line of said Still Water Court, common to the north line
of said 4.063 acre tract, passing at a distance of 353.54' an "X" found in concrete in the center of the cul-de-sac of
said Still Water Court, bearing North 01 ° 51' 30" West — 25.00', continuing along the north line of said 4.063 acre
tract, common to the south line of Lot 14, Block 1, Patterson's Pond II Addition, recorded in Document Number
D206258413 in the Plat Records of Tarrant County, Texas, for a total distance of 565.09' to a 3/4" iron pipe found for
the northeast corner of said 4.063 acre tract, common to the southeast corner of said Lot 14, Block 1, Patterson's
Pond II Addition, and in the west line of the 2.034 acre tract described in the deed to Peter Azamar, recorded in
Document Number D204130601 D.R.T.C.T.
THENCE South 00° 47' 55" West along the east line of said 4.063 acre tract, passing at a distance of 180.48' a 3/4"
iron pipe found for northwest corner of Lot 12R1, S. Freeman No. 525 Addition, recorded in Document Number
D220207753 P.R.T.C.T., and continuing along the east line of said 4.063 acre tract, for a total 281.75' (deed called
282.11') to a 1/2" iron rod with a ca p stamped "SPRY" set for the southeast corner of the herein described tract,
common to the southeast corner of said 4.063 acre tract, from which a 5" Steel Post bears South 66' 11' 27" East-
10.78'
THENCE South 88' 09' 26" West along the south line of said 4.063 acre tract, common to the north line of Estancia,
recorded in Document Number D212055463 P.R.T.C.T., passing at a distance of 366.47' a 1/2" iron rod found for
the northwest corner of Lot 7, Block 1 of said Estancia, and passing at a distance of 406.47' a 1/2" iron rod with a
cap stamped "Burks" found for the northeast corner of Lot 1, Block 2, of said Estancia, continuing along the south
line of said 4.063 acre tract a total distance of 577.10' to a 1/2" iron rod with a cap stamped "SPRY 5647" set for the
southwest corner of the herein described tract, common to the southeast corner of said 0.140 acre right-of-way
dedication, and in the east right-of-way line of said North Kimball Avenue;
THENCE North 00' 49' 31" West - 261.36' along the east right-of-way line of said North Kimball Avenue, to the
POINT OF BEGINNING and containing 3.749 acres of land.
Case No. Attachment F
ZA21-0058 Page 8
Reserved for approved Site Plan
Case No. Attachment F
ZA21-0058 Page 9