Item 9 - ZCP Kushner AdditionCase No.
ZA16-092
S T A F F R E P O R T
November 11, 2016
CASE NO: ZA16-092
PROJECT: Zoning Change and Concept Plan for Kushner Addition EXECUTIVE
SUMMARY: G&A Consultants on behalf of Phillip Kushner is requesting approval of a
Zoning Change and Concept Plan for Kushner Addition on property described
as Tracts 1GG and 1C1B, F. Throop Survey, No. 1511, City of Southlake,
Tarrant County, Texas and located at 2500 & 2510 N Kimball Avenue,
Southlake, Texas. Current zoning: “AG” Agricultural District and “SF-1A” Single-
Family Residential District. Requested zoning: “SF-1A” Single Family
Residential District. SPIN Neighborhood #4.
DETAILS: The 3.106 acre subject property is generally located 2,300 feet north of the
intersection of N Kimball Avenue and E Dove Road. The purpose of this item is
to seek approval of a Zoning Change and Concept Plan for two (2) single-family
residential lots on approximately 3.106 gross acres.
* Denotes areas suitable for construction of buildings and septic facilities, which excludes areas in floodplain or drainage easements
The property consists of two tracts, 1GG and
1C1B as shown. Tract 1GG is zoned SF-1A and
contains a single-family home. Tract 1C1B is
zoned AG, is largely encumbered by floodplain (in
blue) and has no frontage onto Kimball Ave. The
proposal would rezone tract 1C1B to SF-1A to
facilitate the platting of the property into two
buildable single-family residential lots, each with
frontage on Kimball Ave.
Current Conditions Proposed Concept Plan
Zoning “AG” and “SF-1A” “SF-1A”
Land Use Designation Medium Density Residential Medium Density Residential
Number of Lots/Dwelling Units 2 (tracts) / 1 DU 2 lots / 2 DU
Net Lot Acreage 3.106 1.636 (Lot 1); 1.392 (Lot 2)
Net Unencumbered Area per lot* NA 1.133 (Lot 1); 1.001 (Lot 2)
Net Density 0.32 DU/acre 0.66 DU/acre
Tree Canopy Coverage (sq ft/%) 120,351 / 89.0% 97,213 / 71.9%
Tree Preservation, per Ord. 383-
D (Required/Proposed) NA 30% / 80.8%
Department of Planning & Development Services
Case No.
ZA16-092
VARIANCE
REQUESTED:
ACTION NEEDED: 1. Conduct a public hearing
2. Consider Approval of Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Site Plan Review Summary No. 2, dated November 11, 2016
(D) Surrounding Property Owners Map
(E) Ordinance No. 480-722
Full Size Plans (for Commission and Council members only)
Link to PowerPoint Presentation
Link to Project Narrative and Variance Request
Link to Plans
Page 1 - Concept Plan
Page 2 - Drainage and Utility Plan
Page 3 - Tree Conservation Analysis
Link to OSSF Assessment
Link to Surrounding Property Owner Responses
STAFF CONTACT: Dennis Killough (817) 748-8072
David Jones (817) 748-8070
Current Regulation Request
Subdivision Ordinance No. 483, as amended,
Section 8.01D, states that all side lot lines
shall be perpendicular to the right of way
lines or radial in the case of a cul-de-sac or
curvilinear design.
The proposed lots do not meet the
requirement for perpendicular lot lines.
Applicant requests a variance with
approval of the Concept Plan to allow lot
lines as shown.
Case No. Attachment A
ZA16-092 Page 3
BACKGROUND INFORMATION
OWNER: David Meers III
APPLICANT: G&A Consultants on behalf of Phillip Kushner
PROPERTY SITUATION: Generally located 2,300 feet north of the intersection of N Kimball
Avenue and E Dove Road and addressed as 2500 & 2510 N Kimball
Avenue.
LEGAL DESCRIPTION: Tracts 1GG and 1C1B, F. Throop Survey, No. 1511, City of Southlake,
Tarrant County, Texas, approximately 3.106 acres.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single-Family Residential District
PROPOSED ZONING: “SF-1A” Single-Family Residential District
HISTORY: - The property was annexed into the Town of Southlake in 1957 as “AG”
(Ord. No. 082).
- A permit was issued in December 1983 to construct a 2,500 square
foot single-family residence on the property.
- A permit was issued in December 1983 to construct a 1,450 square
foot accessory building on the property.
- A permit was issued in April 1984 to construct a septic system on the
property.
- "SF-1A" Single-Family Residential District zoning was placed on Tract
1GG with approval of Zoning Ordinance No. 480 in September 1989.
SOUTHLAKE 2030 PLAN: Future Land Use Plan
The 2030 future land use
designation for the site is Medium
Density Residential and
Floodplain which are defined in the
Southlake 2030 plan as follows:
MEDIUM DENSITY
RESIDENTIAL
Purpose: The purpose of the
Medium Density Residential
land use category (shown in
orange on the adjacent map) is
to promote a neighborhood setting primarily comprised of single
family detached houses.
Case No. Attachment A
ZA16-092 Page 4
Definition: The Medium Density Residential category is suitable for
any single-family detached residential development. Other suitable
activities are those permitted in the Public Parks/Open Space and
Public/Semi-Public categories previously discussed.
FLOODPLAIN
Purpose and Definition: The Floodplain category (green on the
page 3 map) illustrates areas designated by the August 1995
Federal Emergency Management Agency (FEMA) maps as being in
the 100-year floodplain. The “floodplain” is an expanse of natural
vegetation and wildlife, and should be preserved as natural open
area. Within the floodplain is “floodway” that must be kept free of
encroachment in order that the 100-year flood may be carried
without harmful increases in the height of flood waters. Although it
is not to be encouraged, the portion of the floodplain not in the
floodway may be reclaimed for development under certain
circumstances if in accordance with FEMA regulations. The
designated land use for areas of reclaimed floodplain is that of the
immediately adjacent land use category. This designation may also
include environmentally sensitive areas, habitats, or wetlands that
may not be in FEMA identified floodplains.
Pathways Master Plan & Sidewalk Plan
The Master Pathways Plan shows a future <8 foot sidewalk along N
Kimball Ave. There is currently no sidewalk along the west side of
Kimball Ave north of Dove Rd. The Concept Plan shows a 5’ pedestrian
access easement along the frontage of the property. Construction of the
sidewalk is required prior to certificate of occupancy.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
Both proposed lots have direct access to N Kimball Ave, a C2U collector
with a minimum 70’ of right of way. The applicant has shown a 14.5 foot
right of way dedication along the N Kimball Ave frontage.
TREE PRESERVATION: The applicant has submitted an alternative to a tree survey along with a
Tree Conservation Analysis in conformance to Section 7.3.a and
Appendix A of the Tree Preservation Ordinance which shows
approximately 89% existing tree cover on the site. Tree Preservation
Case No. Attachment A
ZA16-092 Page 5
Ordinance 585-D requires that 30% of the existing canopy be
preserved. The proposed Tree Conservation Analysis shows
preservation of approximately 80.8% of existing tree canopy 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.
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.
UTILITIES: Water
There is an existing 8” water line along Kimball Ave which serves this
property.
Sewer
There is currently no public sewer available at the property. The existing
house is served by an On-Site Sewage Facility (OSSF). The applicant is
proposing to serve both lots with individual OSSFs. The installation and
use of OSSFs is governed by Section 33.14 of the Zoning Ordinance:
If the permitted use is not to be immediately served by a sewage
collection system connected to an approved community
treatment plant or public sewage facility, then such use shall be
connected to an approved on-site sewage facility (OSSF)
designed and constructed in conformance with the methods and
standards approved by the State Department of Health, City’s
Plumbing Code, and Ordinance No. 514. Where the use of an
OSSF is to be employed, the minimum lot size must be one acre
per family, residence or commercial structure, with a minimum
usable area of at least one acre, and the use must be approved
Case No. Attachment A
ZA16-092 Page 6
by the City Council of the City of Southlake. The minimum usable
area requirement of one (1) acre per lot shall exclude all areas of
the lot:
a. In any flood plains as identified on the FEMA Flood
Insurance Rate Map;
b. In any drainage and flowage easements; and
c. Having topographical limitations as regulated under the
standards for on-site sewage facilities in the Texas
Administrative Code Chapter 285.
The lot divisions shown in the proposed Concept Plans appear to
conform to requirements a, b, and c listed above by providing a
minimum of one acre not encumbered by FEMA flood plain areas,
drainage easements or topographical limitations as defined in the Texas
Administrative Code. An assessment of the property and the proposed
plan was performed by a licensed engineer on November 16th which
determined each site was suitable for an OSSF.
Link to OSSF Assessment
CITIZEN INPUT: To date, no SPIN meeting has been held for this item.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 2, dated November 11,
2016
Criteria for variance from the Subdivision Ordinance:
Sec. 9.01 Modifications and Variations:
A. Compliance: Where the Council finds that compliance with these
regulations would cause unusual hardship or extraordinary
difficulties because of exceptional and unique conditions of access,
location, shape, size, drainage, or other physical features of the site,
the requirements may be modified to mitigate the hardship, provided
that the public interest is protected and the development is in
keeping with the general spirit and intent of this ordinance.
1. This section shall not be interpreted to permit the development of
land which is inherently unsuitable for the use proposed.
2. Any modification will not have the effect of preventing the orderly
subdivision of other land in the area in accordance with the
provisions of this ordinance.
B. Discretion of Council: At the discretion of the Council, the normal
standards and requirements of this ordinance may also be modified
in the case of a Planned Unit Development. Such departures from
the standards specified may be made only when the Council finds
that the plan provides for convenience and safe access, adequate
space for recreation, and provision for light and air, and offers all
essential utility services and necessary public and other facilities,
and is in conformance with all provisions of the City Code which
specifically apply to Planned Unit Development.
Case No. Attachment B
ZA16-092 Page 1
Case No. Attachment C
ZA16-092 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA16-092 Review No.: Two Date of Review: 11/11/16
Project Name: Zoning Change and Concept Plan – Kushner Addition, 2500 N Kimball Ave
APPLICANT: Randi Rivera OWNER: Phillip Kushner
G&A Consultants, LLC P.O. Box 600055
111 Hillside Drive
Lewisville, Texas 75057 Dallas, Texas 75360
Phone: 972-436-9712; Fax: 972-436-9715 Phone: 214-991-1905
Email: randi@gacon.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/31/16 AND
OFFERS THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF ZONING
AND CONCEPT 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
David Jones, AICP
Principal Planner
Phone: (817) 748-8070
Email:djones@ci.southlake.tx.us
1. Per Section 8.01D of Subdivision Ordinance No. 483, as amended, all side lot lines shall be
perpendicular to the right of way. A variance must be granted by City Council under the
provisions of Section 9.01 in order for the lots to be developed as shown. VARIANCE
REQUESTED
* Pursuant to comment 1, the 40’ setback line shown on Lot 2 is only required to be 20’ as this
area is proposed as a side yard rather than the rear yard.
* To avoid future conflicts between the Tree Conservation Analysis and the required Tree
Conservation Plan at the building permit phase, the Tree Conservation Analysis should
consider any areas of the site which may in the future be used for accessory or ancillary
structures and depict these as areas of possible tree removal.
* Prior to issuance of a Certificate of Occupancy of any building, a plat must be approved and
filed which complies with the underlying zoning district.
* The existing house which sits on Tract 1GG, the accessory structure which sits on Tract 1C1B
as well as the encroachment on south line of Tract 1GG shall be removed prior to platting.
* Also prior to platting, the existing septic system must be remediated in accordance with
Tarrant County Health Department requirements. For questions regarding remediation, contact
the Environmental Health Division of Tarrant County Health Department at (817) 321-4960.
* Per Section 8.05.A.1, regarding utility lines in new plats or subdivisions, all newly installed
electric utility lines and wires that will be operated at nominal voltages, all telephone utility lines
and wires, all cable television and other communication or utility lines and wires, and all
terminals shall be installed, placed and constructed underground; and cable television,
telephone, and electric transformer and primary switching gear may be pad mounted or placed
underground.
Case No. Attachment C
ZA16-092 Page 2
_________________________________________________________________________________
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
1. Rename the Tree Conservation Plan to Tree Conservation Analysis.
* A Tree Conservation Analysis was submitted with the Concept Plan. There is 89% of existing
tree cover on the site and a minimum of 30% of the existing tree cover is required to be
preserved. The applicant is proposing to remove 19.2% and to preserve 80.8% of the existing
canopy cover on the two lots.
A detailed Tree Conservation Plan complying with an approved Tree Conservation Analysis
will be required to be submitted with any future plat submittals and/or building construction
plans.
* 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.
Case No. Attachment C
ZA16-092 Page 3
* Indicates informational comment.
# Indicates required items comment.
_________________________________________________________________________________
Community Services Review
Peter Kao
Construction Manager
Phone: 817-748-8607
Email: 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 payments or 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 $6250 per dwelling unit x 1 additional dwelling unit = $6250.
Pathway Comments:
New 5ft sidewalk required along Kimball Ave. 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.
_________________________________________________________________________________
Public Works/Engineering Review
Steven Anderson, P.E.
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Any proposed driveways shall comply with the criteria set forth in the driveway ordinance No.
634.
INFORMATIONAL COMMENTS:
Case No. Attachment C
ZA16-092 Page 4
* The proposed OSSF shall comply with TCEQ regulation, US corps of engineers and/or
appropriate health departments prior to issuance of building permit.
* 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
* 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 1” inch meter must have a 1” tap, etc.
* Limits of 100- year floodplain shall be shown and contained within a dedicated drainage
easement.
* Driveway culvert must be sized by an engineer and submitted for approval to the City
Engineer.
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
* 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 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.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
_________________________________________________________________________________
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
1. No comments based on submitted information.
_________________________________________________________________________________
General Informational Comments:
Case No. Attachment C
ZA16-092 Page 5
* 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.
* Denotes Informational Comment
Case No. Attachment D
ZA16-092 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. BERRYMAN, JESSE W SF1-A 1701 CREEKSIDE DR 1.195 NR
2. DAVIS, JONATHAN A SF1-A 1703 CREEKSIDE DR 1.072 NR
3. DYER, TODD H AG 2058 N KIMBALL AVE 0.492 F
4. DYER, TODD H AG 2052 N KIMBALL AVE 0.646 F
5. LAMBERT, DAVID A AG 2800 N KIMBALL AVE 1.613 NR
6. LAMBERT, DAVID A AG 2804 N KIMBALL AVE 1.154 NR
7. MEERS, DAVID AG 2510 N KIMBALL AVE 0.983 F
8. MEERS, DAVID SF1-A 2500 N KIMBALL AVE 2.129 F
9. SHIA, PAUL AG 2056 N KIMBALL AVE 1.022 F
10. THOMPSON, HENRY H SF1-A 1659 CREEKSIDE DR 1.196 NR
Case No. Attachment D
ZA16-092 Page 2
11. U S A AG (Army Corps Property) 15.691 NR
12. WILKINSON, CHRIS AG 2054 N KIMBALL AVE 1.215 NR
13. WILKINSON, CHRIS AG 2054 N KIMBALL AVE 1.768 NR
14. Superintendent of Carroll ISD NR
15. Superintendent of Grapevine
Colleyville ISD
NR
16. Superintendent of Northwest ISD NR
17. Superintendent of Keller ISD NR
18. City of Grapevine NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Fourteen (14)
Responses Received: Three (3) In Favor; None (0) Opposed
Link to Surrounding Property Owner Responses
Case No. Ord. No. 480-722
ZA16-092 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-722
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 TRACTS 1GG AND 1C1B, F. THROOP
SURVEY, NO. 1511, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, APPROXIMATELY 3.106 ACRES FROM
“AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE-
FAMILY RESIDENTIAL DISTRICT TO “SF-1A” SINGLE-FAMILY
RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and
use of buildings, other structures and land for business, industrial, residential and other
purposes, and to amend said ordinance and map for the purpose of promoting the public
health, safety, morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural
Case No. Ord. No. 480-722
ZA16-092 Page 2
District and “SF-1A” Single-Family Residential District to “SF-1A” Single-Family Residential
District under the City’s Comprehensive Zoning Ordinance; and
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and
WHEREAS, the City Council of the City of Southlake, Texas, at a public h earing 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 surroundi ng 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 a nd 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 th is City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
Case No. Ord. No. 480-722
ZA16-092 Page 3
public necessity for the zoning changes, that the public demands them, that the public
interest clearly requires the amendments, and that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the
classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic,
and other dangers, promotes the health and the general welfare, provides adequate light and
air, prevents the over-crowding of land, avoids undue concentrati on 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
Case No. Ord. No. 480-722
ZA16-092 Page 4
be altered, changed and amended as shown and described below:
Being described as Tracts 1GG and 1C1B, F. Throop Survey, No. 1511, City of
Southlake, Tarrant County, Texas, being approximately 3.106 acres, and more
fully and completely described in Exhibit “A” from “AG” Agricultural District and
“SF-1A” Single Family Residential District to “SF-1A” 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:
Reserved for Council motion
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 con tained 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
Case No. Ord. No. 480-722
ZA16-092 Page 5
commercial needs and development of the community. They have been made after a full and
complete hearing with reasonable consideration among other things of the character of the
district and its peculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the
community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
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,
Case No. Ord. No. 480-722
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as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance,
and if 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 additi onally 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 _________ 2016.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Ord. No. 480-722
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PASSED AND APPROVED on the 2nd reading the ___day of _________ 2017.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Ord. No. 480-722
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EXHIBIT “A”
Case No. Ord. No. 480-722
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EXHIBIT “B”
Reserved for City Council approved plans