Item 7D
Department of Planning & Development Services
S T A F F R E P O R T
August 11, 2015
CASE NO: ZA15-070
PROJECT: Zoning Change and Development Plan for Matthews Court
EXECUTIVE
SUMMARY:
On behalf of Landlock LLC, c/o Warren Clark Development, Four Peaks Development,
LLC is requesting approval of a Zoning Change and Development Plan for Matthews
Court from “AG” Agricultural Zoning District to “R-PUD” Residential Planned Unit
Development District with base SF-20A Zoning on approximately 5.8 acres on property
described as portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract
No. 899, City of Southlake, Tarrant County, Texas, and located at 851 and 841 E
Southlake Blvd. and 650 S. Carroll Ave., Southlake, Texas. SPIN Neighborhood #9.
DETAILS:
Four Peaks Development, LLC is requesting approval of a Zoning Change and
Development Plan for Matthews Court from the current “AG” Agricultural Zoning
District to “R-PUD” Residential Planned Unit Development District, consisting of eight
(8) residential lots and two (2) open space lots on approximately 5.8 acres. The
following table is the Matthews Court site data summary information and development
regulations as proposed:
Matthews Court - Site Data Summary
Proposed SF-20A
Number of Residential Lots 8 N/A
Gross Acreage 5.8 Acres N/A
1.4 DU/Gross Acre
Density 2.18 DU/Net Acre
1.5 DU/Net Acre
Open Space Acreage (%) 0.62 Acre (10.68%) N/A
Development Regulations
Minimum Lot Size 20,000 sq. ft. 20,000 sq. ft.
Maximum Height 2 ½ stories / 35 ft. 2 ½ stories / 35 ft.
Not less than 25 ft., with an
additional reduction of up to
Front Yard Setback Not less than 35ft
25% (6.5 ft.) for tree
preservation
Side Yard Setback Not less than 10 ft. Not less than 15 ft.
Not less than 30 ft., Not less than 40 ft.,
provided that lots fronting provided that lots
Rear Yard Setback
on a cul-de-sac not less fronting on a cul-de-
than 25 ft. sac, not less than 35 ft.
Maximum Lot Coverage 40% 30%
Maximum Impervious Coverage
40% N/A
Per Lot
The applicant is proposing to construct Zena Rucker Road per the requirements of the
Case No.
ZA15-070
Master Thoroughfare Plan. The road has been aligned such that it can be constructed
on the subject property. The City will be installing a box culvert at the creek to the west
of the property to allow Zena Rucker Road to be extended east. The applicant has
agreed to install a bridge and it is the understanding of staff that bridge concepts will
be presented at the meeting.
Future R.O.W. dedication of the Hayes’ property to the north may be required at the
time of development of this property to ensure adequate parkway for a sidewalk and
utilities along the north side of Zena Rucker Road. Dedication is estimated to be less
than 200 square feet.
The applicant has provided additional information for the proposed Matthews Court
development and exhibits that can be found under Attachment “C” of this staff report.
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) SPIN Meeting Report
(E) Development Review Summary No. 2, dated July 31, 2015
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-701
for City Council Only
(I) Full Size Plans ()
STAFF CONTACT:
Dennis Killough (817) 748-8072
Jerod Potts (817) 748-8195
Case No.
ZA15-070
BACKGROUND INFORMATION
OWNER:
Landlock LLC, c/o Warren Clark Development
APPLICANT:
Four Peaks Development, LLC
PROPERTY SITUATION:
851, 841 E. Southlake Blvd. and 650 S. Carroll Ave.
LEGAL DESCRIPTION
: Portions of Tracts 3D, 3D2 and 3, Obediah W. Knight Survey, Abstract No. 899
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“AG” Agricultural District
REQUESTED ZONING:
“R-PUD” Residential Planned Unit Development District
HISTORY:
There is no development history at the project site
CITIZEN INPUT:
A SPIN Town Hall Forum was held for this project on June 23, 2015 at
Southlake Town Hall. A SPIN Meeting Report is included as Attachment “D” of
this report.
SOUTHLAKE 2030:
Consolidated Future Land Use Plan
The Southlake 2030 Future Land Use Plan designates this property as Medium
Density Residential. As proposed, this development is consistent with the
Future Land Use Plan. The image to the right illustrates the Future Land Use
for the proposed location.
Master Thoroughfare Plan
Zena Rucker Road currently does not connect between Byron Nelson Parkway
Case No. Attachment A
ZA15-070 Page 1
and Carroll Avenue. Access to this proposed subdivision is contingent upon the
construction of Zena Rucker Road, which according to the Southlake Master
Thoroughfare Plan is designated as a 2-lane collector (C2U) with a minimum
60’ R.O.W. required. A minimum radius of 400’ and minimum tangent length of
50’ between curves is required per Subdivision Ordinance No. 483. This
development as proposed is dependent upon acquisition of offsite R.O.W. and
construction of a portion of Zena Rucker Road. Note, the applicant is not
proposing to finish the connection of Zena Rucker Road between Byron Nelson
Parkway and Carroll Avenue; the street is proposed to stub leaving
approximately 600’ to the nearest cross street to the east.
Mobility Master Plan
The Mobility Master Plan recommends the extension of Zena Rucker Road
east to S. Carroll Avenue. Below is the recommendation as written within the
Mobility Master Plan. The proposal for Matthews Court states that in
conjunction with the installation of culverts immediately west of the
neighborhood by the City, Zena Rucker Road will be extended across these
culverts and along the frontage of the neighborhood by the developer, which
will bring Zena Rucker Road closer to its ultimate connection at Tower
Boulevard which will then complete the alternative connection between S.
Carroll Avenue and Byron Nelson Parkway.
Thoroughfare Plan Recommendations
Ref. Implementation Strategic VGO Priority Responsible
Issues Recommendations VNT Link
No. Metric Link Tie Tier Department
As Rucker Extend Rucker Assist in bridging Mobility, Efficient 3.1, PW
and Prade Road east to S the floodplain to Infrastructure, Mobility 3.3,
properties Carroll Ave. enable the C1, C2 Options 3.5,
develop, Roadways are completion of the 3.9
traffic anticipated to be Rucker extension
MT
volumes constructed as project. 3
12
are development occurs
expected to with city
increase participation in
along FM bridging the
1709. floodplain.
Pathways / Sidewalk Plan
The Official Pathways Map, adopted by City Council on January 7, 2014
designates that the north side of Zena Rucker Road is designated as having a
future sidewalk that is less than 8 feet wide and the south side of Zena Rucker
Road is designated as having a future multiuse trail that is greater than or
equal to 8 feet wide. The pedestrian access plan for Matthews Court shows a
continuation of the existing 8 foot wide hike & bike trail on the south side of
Zena Rucker Road, which was designed to connect with the future trail to the
east and the west.
Carroll/1709 Small Area Plan
The Carroll/1709 Small Area Plan was approved by City Council on September
20, 2011. The following recommendations are relevant to the medium density
cluster residential area designated on the Illustrative Recommendations Map
(below chart).
Case No. Attachment A
ZA15-070 Page 2
Ref. Issue Recommendation
No.
1. Land use designation Medium Density Retain the Medium Density Residential
Residential designation for the area south of Zena
Rucker Road
2. Considerable amount of area
dedicated to floodplain and other Encourage “cluster” residential
LU3
water featuresdevelopment
Preserve heavily wooded areas,
especially within drainage areas and
floodplain
1. Environmental stewardship and Encourage water reuse for irrigation
innovation in green building
Encourage green building design
2. Reserved open space/landscape areas practices
require heavy irrigation
E2 Preserve and enhance existing ponds
3. On‐site drainage detention facilities
Reflect the desired preservation on the
Carroll/1709 Small Area Illustrative Map
on the Environmental Resource
Protection map
1. Desire to decrease dependence on the Development should be pedestrian
automobile for everyday needs oriented, emphasizing pedestrian
connectivity in any residential areas.
Two schools, shopping and offices all
2.
M1
within close proximity of the site Provide passive trails through preserved
natural areas which also provide
connectivity to the sidewalk system
1. Create a vibrant and appealing Provide curvilinear streets
streetscape along the area’s local
M3
streets Provide street trees between the
sidewalk and the street curb
1. A landscaped parkway concept with Consider the creation of a new 60’ ROW
minimal pavement is desired for Zena 2‐ lane divided collector (C2D) with
Rucker Road medians and left‐turn/stacking lanes at
intersections in the Mobility Plan to
2. Landscaped medians preferred apply to Zena Rucker Road
3. No on‐street, parallel parking is “Urban” cross section which includes
M4
desired curb, gutters, medians, street trees and
sidewalks.
Speed limit not to exceed 30 m.p.h.
Design as a local slow movement
roadway.
1. Appropriately buffer and screen Recommend a parkway buffer and
residential south of Zena Rucker Road street trees adjacent to Rucker Road.
U2
from any non‐residential uses to the
north side of Zena Rucker Road
Carroll/1709 Small Area Plan Illustrative Recommendations Map.
Case No. Attachment A
ZA15-070 Page 3
TRANSPORTATION
ASSESSMENT:
Existing Area Road Network and Conditions
Portions of Zena Rucker Road have been constructed from Byron Nelson
Parkway and from S. Carroll Avenue. The proposal for Matthews Court states
that in conjunction with the installation of culverts immediately west of the
neighborhood by the City, Zena Rucker Road will be extended across these
culverts and along the frontage of the neighborhood by the developer, which
will bring Zena Rucker Road closer to its ultimate connection at Tower
Boulevard which will then complete the alternative connection between S.
Carroll Avenue and Byron Nelson Parkway.
Traffic Impact
AM-PM-
Use Units Vtpd* AM-IN PM-IN
OUT OUT
Single-Family Detached
8 76 2 4 5 3
Housing (210)
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
th
* Based on the ITE: Trip Generation Manual, 7 Edition
UTILITIES:
Water
The applicant is proposing a connection to an existing eight inch (8”) water line
running north of the existing portion of Zena Rucker Road. The Preliminary
Water & Sanitary Sewer Layout for Matthews Court shows that the proposed
eight inch (8”) water line and valve will stub out with at nearly the same place
as the proposed extension of Zena Rucker Road. The applicant is proposing
an 8 inch (8”) water line and valve to run along the west side of proposed
Matthews Court road in order to service the subdivision.
Sewer
The applicant will be extending 8 inch (8”) sewer from a sewer manhole
Case No. Attachment A
ZA15-070 Page 4
located between Rockenbaugh Elementary and Lot 4, Block 1 Pecan Creek.
The applicant is proposing an 8 inch (8”) sanitary sewer main to run along the
west side of proposed Matthews Court road in order to service the subdivision.
TREE PRESERVATION:
There is approximately 39.8% tree canopy coverage, and the applicant is
proposing to preserve as much as 54.3% of that tree cover. There is
approximately 8.8% of that cover that is marginal and could potentially be
removed. The proposed Tree Conservation Plan is attached.
PLANNING & ZONING
COMMISSION:
August 6, 2015; Approved (6-0) subject to review summary 2, dated July 31,
2015 and subject to the staff report dated July 31, 2015.
STAFF COMMENTS:
Attached is Development Plan Review Summary No. 2, dated July 31, 2015.
N:\\Community Development\\MEMO\\2015 Cases\\070 - ZDP - Matthews Court\\Staff Report\\ZA15-070 - CC - 2015-08-18.doc
Case No. Attachment A
ZA15-070 Page 5
Case No. Attachment B
ZA15-070 Page 1
Plans and Support Information
Proposed Development Plan
Case No. Attachment C
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Tree Conservation Plan
Case No. Attachment C
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Open Space Plan
Close-Up View
Case No. Attachment C
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Proposed Development Standards
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Project Intent and Purpose
Case No. Attachment C
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Case No. Attachment D
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Case No. Attachment D
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA015-070Two07/31/15
Case No.: Review No.: Date of Review:
Development Plan
Project Name: – Matthews Court
APPLICANT: Four Peaks Development, LLC Owner: Landlock, LLC
Tom Matthews Dale Clark
2600 E Southlake Blvd. 16390 Addison Rd.
#120-323 Southlake, Texas Addison, Texas 75001
Phone: (214) 676-3434 Phone: (972) 931-8971
Fax: (817) 481-4074 Fax: (972) 931-8975
Email: tmatthews@fourpeaksdev.com Email: dc@wcdevelopment.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 7/29/15 AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT 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
Jerod Potts
Planner I
Phone: (817) 748-8195
E-mail: jpotts@ci.southlake.tx.us
1. Adjacent Lot 9 from the O W Knight Subdivision shows a Land Use Designation of Office
Commercial. Please correct by changing this to Retail Commercial.
2. Clarify fencing to be provided along the rear yards of individual lots. Consider providing a fencing
exhibit for the entire boundary of the project.
T RDING THE R.O.W. S BY THE CITY…REGARDING THE CUL-DE-
Public Works/Engineering Review
Alejandra Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
Fax: (817) 748-8077
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the
1.
review of civil construction plans.
2. Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which
outlines pre-construction, construction and post-construction erosion control measures.
NEW REQUIREMENT: SWPPP shall be submitted by second review of the civil
construction plans.
NEW REQUIREMENT:
3. Submit with Civil Construction Plans a Retaining Wall Layout
sheet.
4. 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.
Case No. Attachment E
ZA15-070 Page 1
5. Verify curve data of C2. Minimum radii for a C2U collector is 400-feet.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be
15’ minimum and located on one lot – not centered on the property line. A 20’ easement is
required if both storm sewer and sanitary sewer will be located within the easement.
2. Verify corner clips at the intersection of Zena Rucker Road and Matthews Court to allow for a
30’ minimum radius. Corner clips shall be shown on the plat. Refer to Ordinance No. 483.
* 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 AND SEWER COMMENTS:
1. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent
property.
* Water and sewer 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.
* Water meters and fire hydrants shall be located in an easement or right of way.
* Fire lines shall be separate from service lines.
* Water and sanitary sewer lines in easements or right of way shall be constructed to City
standards.
DRAINAGE COMMENTS:
1. Detailed hydrology and hydraulic analysis shall be required with Civil Construction Plan review
to determine if detention will be required. Models shall incorporate Teagues, Nall & Perkins
effective models (HMS and RAS). Any changes to the site plan may require a revision to the
concept plan and may need to be approved by the Planning and Zoning Commission and the
City Council.
2. Detailed hydrology and hydraulic analysis shall be required to determine limits of flood plain
reclamation using effective models from Teagues, Nall & Perkins (HMS and RAS).
Determination of finish floor elevations for lots adjacent to flood plain is contingent upon
detailed study.
Case No. Attachment E
ZA15-070 Page 2
3. Finish floor elevations of lots adjacent to flood plain shall be 2-feet above the base flood
elevations of the channel.
4. Limits of the 100- year floodplain shall be shown and contained within a dedicated drainage
easement.
5. Clearly label all private and public storm lines.
* Calculations will be required to verify capacity of proposed curb inlets.
* Storm sewers collecting runoff from public streets shall be RCP and constructed to City
standards.
* Property drains into a Critical Drainage Structure #23 and requires a fee to be paid prior to
beginning construction ($309.83/Acre).
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
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:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* A geotechnical report will be required for all private and public roadways to be constructed with
this development. The geotechnical report shall include pavement design parameters for
subgrade stabilization.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be acceptable to Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Fax: (817) 481-5713
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* Most of the existing trees on the site are pioneering tree species that have grown on the site in the
past 5 to 10 years. They consist of Hackberry, Cedar Elm, and American Elm which are multi-
trunked or in clusters that sprouted after being brush hogged and then left to grow.
Case No. Attachment E
ZA15-070 Page 3
The most prominent quality trees are along the west property boundary of the property where they
are proposed to be preserved. The Developer has also chosen the most prominent quality trees in
the interior of the property to preserve.
* The proposed zoning for the development is Residential Planned Unit Development, R-PUD. The
submitted Tree Conservation Plan falls 5.7% short of complying with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance To mitigate the removal the
applicant is proposing to provide eighty (80”) caliper inches of landscape trees in the open space,
and a minimum of twenty-four (24”) caliper inches of shade trees and two (2) understory trees will
be planted on each lot when a house is built. A minimum total of two-hundred-seventy-two (272”)
of new trees will be planted throughout the development.
There is 39.8% of existing tree cover on the site and 60% of that existing tree cover is required to
be preserved. The applicant is proposing to preserve 54.3% of the existing tree cover.
* For property sought to be zoned for the Downtown zoning district or a planned development zoning
district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit
Development, or Employment Center zoning district, the City Council shall consider the application
for a Conservation Analysis or Plan in conjunction with the corresponding development application
(as established in Table 1.0). The Planning and Zoning Commission shall review the application
and make a recommendation to the City Council regarding the application. The City Council shall
approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as to
maximize the preservation of environmental features of the property including mature tree stands,
natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental
Resource Protection Map;
iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas
from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage
creek;
v. maximizes the preservation of existing protected trees along rural roadways and other streets as
identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
* 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.
* Indicates informational comment.
# Indicates required items comment.
Case No. Attachment E
ZA15-070 Page 4
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8233
Fax: (817) 748-8181
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted plans.
Community Service/Parks Department Review
Peter Kao
Construction Manager
Phone: (817) 748-8607
Fax: (817) 748-8027
E-mail: pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee
credits. Please contact the Community Services Department at (817) 748-8607 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.
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 8 dwelling units= $24,000.00 .
Pathway Comments:
Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian
access from each building to Trail System or sidewalk connections and between buildings. Should provide
4ft+ 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.
Other informational comments?
The following should be informational comments only
============= ====================
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* Existing overhead utilities will need to be relocated. All new franchise utilities must be placed
underground and ground equipment screened in accordance with Subdivision Ordinance No. 483
Section 8.05.
Case No. Attachment E
ZA15-070 Page 5
* 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, fully corrected 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,
Water & Sewer, Roadway Impact, Critical Drainage Structure Fees, Tap Fees, and related Permit
Fees.
* This development as proposed is dependent upon acquisition of offsite R.O.W. and construction of
a portion of Zena Rucker Road.
* When a Final Plat is filed it will be required to tie down the Pedestrian Access Easement by metes
and bounds.
* Please be aware that sidewalk design standards need to meet those in Subdivision Ordinance No.
483 Section 5.06.
* Denotes Informational Comment
cc:
Case No. Attachment E
ZA15-070 Page 6
Surrounding Property Owners
SPO # Owner Zoning Land Use Acreage Response
1. Zelda Partners Ltd AG Office Commercial 6.7 NR
2. Hcp Crs2 Ltach-Baylor Southlak SP1 Office Commercial 4.5 NR
3. Rucker, Zena Sullivan Tr AG Medium Density Residential 4.2 NR
4. Timarron Owners Assn Inc RPUD Medium Density Residential 5.8 NR
5. Carroll ISD RPUD Public/Semi-Public 15.8 NR
6. Devane Clarke Partnership Ltd SP2 Office Commercial 2.3 NR
7. Landlock Llc AG Medium Density Residential 4.2 NR
8. Weatherford Loan Company SP1 Office Commercial 4.2 NR
9. Rucker, Zena Sullivan Tr AG Medium Density Residential 50.4 NR
10. Hayes, Billy W Etux Carolyn AG Office Commercial 2.9 O
11. Rucker, Zena Sullivan AG Office Commercial 1.8 NR
12. Noorneel Llc SP1 Retail Commercial 1.9 NR
Case No. Attachment F
ZA15-070 Page 1
13. Superintendent of Carroll ISD - - - NR
Superintendent of Grapevine
14. - - - NR
Colleyville ISD
15. Superintendent of Northwest ISD - - - NR
16. Superintendent of Keller ISD - - - NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Responses Received: In Favor: (0) Opposed To: (1) Undecided: (0) No Response: (15)
Case No. Attachment F
ZA15-070 Page 2
Surrounding Property Owner Responses
Case No. Attachment G
ZA15-070 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-701
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 PORTIONS
OF TRACTS 3D, 3D2 AND 3, OBEDIAH W. KNIGHT SURVEY,
ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 5.8 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “RPUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as
“AG” Agricultural District
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under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health and the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
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those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being described as portionsof Tracts 3D, 3D2 and 3, Obediah W. Knight Survey,
Abstract No. 899, City of Southlake, Tarrant County, Texas, being approximately 5.8
acres, and more fully and completely described in exhibit “A” from “AG” Agricultural
District to “RPUD” Residential Planned Unit Development District as depicted on the
approved development plan attached hereto and incorporated herein as Exhibit “B”,
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and subject to the following conditions:
MATTHEWS COURT DEVELOPMENT REGULATIONS
Reserved for approved Development Regulations
ST
CITY COUNCIL MOTION AT 1 READING AUGUST 18, 2015
Reserved for approved Development Regulations
ND
CITY COUNCIL MOTION AT 2 READING SEPTEMBER 1, 2015
Reserved for approved Development Regulations
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
Case No. Attachment H
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of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
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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.
stth
PASSED AND APPROVED on the 1 reading the 18 day of August, 2015.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
ndst
PASSED AND APPROVED on the 2 reading the 1day of September, 2015.
________________________________
MAYOR
Case No. Attachment H
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ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment H
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EXHIBIT “A”
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EXHIBIT “B”
Reserved for approved Development Plan
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