Item 7A 7A
Y fir,.
February 4, 2016 the Edmondson Law Firm,
P.C.
Via electronic mail
Mr. Todd Parrish
Chairman
Planning and Zoning Commission
City of Southlake
1400 Main St.
Southlake, TX 76092
Re: Rural Residential Land Use Category/Rural Estate Residential
Dear Chairman Parrish,
I represent Mr. John Kuelbs who owns property located at 611 S. White Chapel Blvd and
also two pieces of property at 430 and 460 Pine St. (the "Pine St. Properties") According to the
courtesy notice that he received from the City of Southlake Planning Department all of these
properties have been identified for consideration as properties to be included in a new land use
designation called "Rural Residential." Mr. Kuelbs' property at 611 S. White Chapel Blvd is
already zoned Residential Estate and he is not opposed to the new land use category designation
for this piece of property. However the Pine St. Properties pose a different dilemma. The map
provided with the courtesy notice indicates that the Pine St Properties are the only properties on
Pine St that are slated to receive the new land use designation. This does not make sense and
appears to be somewhat arbitrary in the designation. The collective acreage of the Pine St.
Properties is approximately nine acres. Mr. Kuelbs is in the initial planning stages of developing
a housing development on those properties that will line up with the current land use designation
of"low density residential." If the Pine St. Properties receive the new land use designation, Mr.
Kuelbs would be limited to only putting one home on both of those properties in order to meet the
land use designation. This change in land use designation, if approved for the Pine St. Properties,
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could significantly impact Mr. Kuelbs rate of economic return in a negative manner on those
properties which he purchased as investments a number of years ago.
Your consideration of Mr. Kuelbs' concerns is greatly appreciated. On his behalf I am
requesting that the Planning and Zoning Commission do not recommend the Pine Street Properties
for inclusion in this new land use category for the reasons that I have detailed above. I intend to
be at the Planning and Zoning Meeting this evening and will be happy to answer any of your
questions.
Sincerely,
Debra Edmondson
Attorney
The Edmondson Law Firm,P.C.
CC: Mr.John Kuelbs—via email
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February 4, 2016
the Edmondson Law Firm,P.C.
Via electronic mail
Mr. Todd Parrish
Chairman
Planning and Zoning Commission
City of Southlake
1400 Main St.
Southlake, TX 76092
Re: Rural Residential Land Use Category/Rural Estate Residential
Dear Chairman Parrish,
I represent Mr. William Lafavers who owns property located at 520, 530, 580, 620, and
540 S. White Chapel Blvd (the "Lafavers' Properties"). Mr. Lafavers received a courtesy notice
from the City of Southlake Planning Department recently indicating that the Lafavers' Properties
have been identified for consideration as properties to be included in a new land use designation
called "Rural Residential." Mr. Lafavers opposes the land use designation being changed on the
Lafavers' Properties from the current designation of "Low Density Residential." Both Mr.
Lafavers and I were in attendance at the Spin Meeting of January 26, 2016 in which the Planning
Department presented this proposed change. The choice of properties that have tentatively been
assigned this designation appears to be rather arbitrary. In fact, certain parcels of land like the
Lafavers' Properties and others along S. White's Chapel Blvd were included while other properties
throughout Southlake that may also meet the criteria purportedly behind the designation were not.l
Examples of properties not proposed to be included in the Rural Residential land use category that appear to meet
the criteria offered by the City Staff at the Spin Meeting include the Zena Rucker property,the Art Janes Property
and the Milner property. There are likely others.
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Mr. Lafavers has owned this land for forty-two (42) years. The Lafavers' Properties
comprise approximately thirteen (13) acres. This change in land use designation, if approved,
would significantly impact and limit Mr. Lafavers ability to develop this acreage which he may
do at some later point in time. The house/acre ratio of one house per five acres virtually removes
the opportunity for any meaningful rate of economic return on the acreage and in fact essentially
would result in a multi-million dollar loss in value to the property.
Your consideration of Mr. Lafavers' concerns is greatly appreciated. On his behalf I am
requesting that the Planning and Zoning Commission do not recommend the Lafavers' Properties
for inclusion in this new land use category for the reasons that I have detailed above. I intend to
be at the Planning and Zoning Meeting this evening and will be happy to answer any of your
questions.
Sincerely,
Debra Edmondson
Attorney
The Edmondson Law Firm, P.C.
Ordinance No. 1138
AN ORDINANCE ADOPTING THE CONSOLIDATED FUTURE
LAND USE PLAN AS AN ELEMENT OF THE SOUTHLAKE 2030
PLAN, THE CITY'S COMPREHENSIVE PLAN UPDATE.
WHEREAS, a Home Rule Charter of the City of Southlake, Texas, was approved by the voters
in a duly called Charter election on April 4, 1987; and,
WHEREAS, the Home Rule Charter, Chapter XI requires an update to the City's
comprehensive plan elements every four years,
WHEREAS, the City Council recognizes that the Consolidated Future Land Use Plan is an
element of the Southlake 2030 Plan, the City's Comprehensive Master Plan,
WHEREAS, the City Council has determined that the Consolidated Future Land Use Plan
complies with the Southlake 2030 Vision, Goals, & Objectives,
WHEREAS, the City Council has deemed that the Consolidated Future Land Use Plan has
been formulated with adequate public input,
WHEREAS, the City Council has deemed that the recommendations in the Consolidated
Future Land Use Plan herein reflect the community's desires for the future development of the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS, THAT:
Section 1. All of the findings in the preamble are found to be true and correct and the City Council
hereby incorporates said findings into the body of this ordinance as if copied in its
entirety.
Section 2. The purpose and definition of the Rural Estate Residential Future Land Use category
shall be as follows:
Purpose: To identify, provide for, and preserve the rural aesthetics and natural
resource characteristics of very low density single-family residential
development.
Definition: The Rural Estate category is for detached single-family residential
development at a net density of one or fewer dwelling units per 5 acres. The
Rural Estate category encourages the openness and rural character of the City.
Ordinance No. 1138
Section 3. The Rural Estate Residential future land use category shall be incorporated with other
future land use categories found within the Consolidated Future Land Use Plan.
Section 4. The Future Land Use Plan designation for parcels indicated in Exhibit "A" is changed to
Rural Estate Residential.
Section 5. The different elements of the Comprehensive Master Plan, as adopted and amended
by the City Council from time to time, shall be kept on file in the office of the City
Secretary of the City of Southlake, along with a copy of the ordinance and minute order
of the Council so adopting or approving the same. Any existing element of the
Comprehensive Master Plan which has been heretofore adopted by the City Council
shall remain in full force until amended by the City Council as provided herein.
Section 6. This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
Section 7. It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
Section 8. The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence
in all courts without further proof than the production thereof.
Section 9. 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 16th day of February 2016.
MAYOR
Ordinance No. 1138
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of 2016.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Ordinance No. 1138
EXHIBIT A
Reserved for approved document
Ordinance No. 1138