Item 7A CITY OF
SOUTHLAI<,,E
Department of Planning & Development Services
STAFF REPORT
November 30, 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 1 GG and 1 C1 B, 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.
Zoning "AG" and "SF-1A" "SF-1 A"
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- NA 30% / 80.8%
D (Required/Proposed)
Denotes areas suitable for construction of buildings and septic facilities, which excludes areas in floodplain, flowage or drainage
easements,or topographical limitations per TAC Ch.285.
The property consists of two tracts, 1 GG and
1 C1 B as shown. Tract 1 GG is zoned SF-1A and
contains a single-family home. Tract 1 C1 B is �l
zoned AG, is largely encumbered by floodplain (in Tract
blue) and has no frontage onto N. Kimball Ave. Tmcl 'GG
The proposal would rezone tract 1 C1 B to SF-1A 1C'B'
to facilitate the platting of the property into two
buildable single-family residential lots, each with
frontage on N. Kimball Ave. ri
Case No.
ZA16-092
VARIANCE
REQUESTED:
Current Regulation Request
Subdivision Ordinance No. 483, as amended, The proposed lots do not meet the
Section 8.01 D, states that all side lot lines requirement for perpendicular lot lines.
shall be perpendicular to the right of way Applicant requests a variance with
lines or radial in the case of a cul-de-sac or approval of the Concept Plan to allow lot
curvilinear design. lines as shown.
ACTION NEEDED: Consider 1St Reading Approval of Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 3, dated November 30, 2016
(D) Surrounding Property Owners Map
(E) Ordinance No. 480-722
Full Size Plans (for 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: Ken Baker (817) 748-8067
David Jones (817) 748-8070
Case No.
ZA16-092
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 1 GG and 1 C1 B, 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-1 A" Single-Family Residential District zoning was placed on Tract
1 GG 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: Tract
Tract 1GG
MEDIUM DENSITY 1c1a
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 1
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.
Overall Character and Design images:
Medium Density Residents!Uses
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. A minimum 4' wide sidewalk is required per the Subdivision
Ordinance. 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
Case No. Attachment A
ZA16-092 Page 2
approximately 89% existing tree cover on the site. Tree Preservation
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
An existing 8" water line along N. Kimball Avenue 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 3
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.
PLANNING AND ZONING
COMMISSION ACTION: November 17, 2016; approved (4-0) subject to Staff Report dated
November 11, 2016 and Concept Plan Review Summary No. 2 dated
November 11, 2016 specifically granting the variance related to side lot
lines and noting the applicant's willingness to potentially consider some
level of mitigation to impervious coverage in terms of sustainable
materials.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated November
30, 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
Case No. Attachment A
ZA16-092 Page 4
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.
Surrounding Property Owner Opposition
The opposition received from adjacent properties within 200 feet of the
proposed zoning change accounts for approximately 11.08% of the
surrounding area within the 200 foot boundary. This does not meet the
20% criteria requiring a supermajority vote of Council for approval.
Case No. Attachment A
ZA16-092 Page 5
Vicinity Map
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Case No. Attachment B
ZA16-092 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA16-092 Review No.: Three Date of Review: 11/30/16
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 11/29/16 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:diones(a)ci.southlake.tx.us
1. Per Section 8.01 D 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.
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 1 GG, the accessory structure which sits on Tract 1 C1 B
as well as the encroachment on south line of Tract 1 GG 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.
Per Section 8.05.A.F, all above ground equipment shall be screened from public view, in such
a manner that the ground equipment cannot be seen from a public right-of-way. Said
screening shall be completed at the time of installation by the utility company and/or
developer.
Case No. Attachment C
ZA16-092 Pagel
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 Minimum percentage of the
the entire site existing tree cover to be
preserved*
- 0% -20% 70%
20.1 —40% 60%
- 40.1% - 60% 50%
, 60.1% - 80% 40%
180.1% - 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 2
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 4ft 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: sandersona-ci.south lake.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 3
* 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(a)ci.south lake.tx.us
1. No comments based on submitted information.
General Informational Comments:
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
Case No. Attachment C
ZA16-092 Page 4
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 C
ZA16-092 Page 5
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Zoning Change
Boundary
Concept Plan
Boundary
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SPO# Owner Zoning Physical Address Acreage Response
1. BERRYMAN,JESSE W SF1-A 1701 CREEKSIDE DR 1.195 U
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
S. LAMBERT, DAVID A AG 2800 N KIMBALL AVE 1.613 O
6. LAMBERT, DAVID A AG 2804 N KIMBALL AVE 1.154 O
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 1
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
Superintendent of Grapevine NR
15. Colleyville ISD
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; One (1) Opposed; One (1) Undecided
Surrounding Property Owner Responses
Case No. Attachment D
ZA16-092 Page 2
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 1
District and "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 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
Case No. Ord. No. 480-722
ZA16-092 Page 2
public necessity for the zoning changes, that the public demands them, that the public
interest clearly requires the amendments, and that the zoning changes do not unreasonably
invade the rights of those who bought or improved property with reference to the
classification which existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the
changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic,
and other dangers, promotes the health and the general welfare, provides adequate light and
air, prevents the over-crowding of land, avoids undue concentration of population, and
facilitates the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that
there is a necessity and need for the changes in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the tract or tracts of land requested for a change since the tract or tracts of land
were originally classified and therefore feels that the respective changes in zoning
classification for the tract or tracts of land are needed, are called for, and are in the best
interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote
the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of
Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and
amended, is hereby amended so that the permitted uses in the hereinafter described areas
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be altered, changed and amended as shown and described below:
Being described as Tracts 1 GG and 1 C1 B, 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 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
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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,
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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 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 6t" day of December 2016.
MAYOR
ATTEST:
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the 17th day of January 2017.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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EXHIBIT "A"
FIELD MOTE DESCRIPTION
BEING a 3.106 acre tract of land situated in the F.Throop Survey,Abstract Number 1511, City of
Southlake,Tarrant County, Texas,being that same tract of land described by deed to Dave Meers,III and
Evalyn K. deers,a5 recorded in Volume 7481.Page 800, of the Official Public Records of Carrant
County, Texas (02 R.T.C.T.),and being more particularly described as follows;
BEGINNING at a 518 inch iron rod found far the southwest corner of the herein described tract, same
being the most northerly northwest corner of a tract of land described by deed to Chris C. Wilkinson and
Robin L. Wilkinson,as recorded under Instrument dumber D20640 O.P.R.T.C.T., al so being in an
easterly line of Grapevine Lake;
THENCE North OC degrees 21 minutes 32 seconds East,with the east line of said Grapevine Lake,a
distance of 212.14 feet to a United States Army Corps of Fngineers(USACOE)monument found roar
Corner;
THENCE North 44 degrees 22 minutes 06 seconds Fast,with the east line of said Grapevine Lake,a
distance of 181.27 feet to a'/,inch iron rod found for comer, same being the southwest corner Ora tract
of land described by deed to David A. Lambert and Phyllis E.Lambert,as recorded in Volume 13474,
Page 120, O.p.R.T.C.T.;
THENCE North 89 degrees 54 minutes 20 seconds East, with the south line of said Lambert tract,
passing at a distance of 399.32 feet a'12 inch iron rood found continuing on said course for a total distance
of 417.54 feet to a point for corner within or on the westerly line of North Kimball Avenue;
THENCE South 00 degrees 44 minutes 23 seconofs Fast, within or along the Westerly line of said North
Kimball Avcriue, a distance of 238,11 feet to a point for corner;p
THE NCE South 89 degrees 58 minutes 52 seconds West,passing at a distance of 20,32 feet a lz inch
iron rad found for the northeast corner of a tract of land described by deed to Todd FI. Iyer and Jennifer
L. Dyer,as recorded under Instrument Number D205144717; O.P.R.T.C.T.,continuing on said course
for a total distance of 402.60 feet to a'12 inch iron rod found for the northwest corner of a tract of land
described by deed to Paul M. Shia and Norma Kay Shia,as recorded in Volume 7995,Page 1063,
O.P.R.T,C,T,;
IMFNCr South 15 degrees 02 minutes 05 seconds West,with the west line of said Shia tract,a distance
of 107.64 feel tLr a 5i8 inch iron rod found for corner, same being the most northerly northeast corner orf
said Wilkinson tract;
THENCE South 89 dcgrecs 53 minutes 02 seconds West,with the north line of,said Wilkinson tract, a
di stance of l 18.18 feet to the POINT OF BEGGING and containing 3.106 acres of land,more or
lcss.
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EXHIBIT "B"
Reserved for City Council approved plans
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