Item 5Case No.
ZA18-0032
S T A F F R E P O R T
September 28, 2018
CASE NO: ZA18-0032
PROJECT: Zoning Change and Development Plan for Oxford Place
EXECUTIVE
SUMMARY: Sage Group, Inc. is requesting approval of a Zoning Change and Development
Plan for Oxford Place on property described as Tract 1B, Thomas Mahan Survey,
Abstract No. 1049, Southlake, Tarrant County, Texas, and located at 1749 E.
Highland St., Southlake, Texas. Current Zoning: “AG” Agricultural District.
Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN
Neighborhood #4.
DETAILS: This project is located on the south side of E. Highland St. to the west of Carroll
Middle School and approximately 1,950 feet east of the intersection of E. High land
St. and E. Kirkwood Blvd.
The purpose of this request is to seek approval of a Zoning Change and
Development Plan for Oxford Place to develop 13 single family residential lots with
a private gated street on approximately 12.64 acres. The existing home and
structures on the property are proposed to be removed.
Site Data Summary
Existing Zoning “AG”
Proposed Zoning “R-PUD”
Land Use Designation Mixed Use and Low Density Residential
Gross Acreage 12.64 ac.
Net Acreage 10.99 ac.
Dwelling Units/Residential Lots 13
Gross Density 1.03 du/ac.
Net Density 1.18 du/ac.
Open Space % 10.4%
Lot Area Range 30,000 s.f. to 39,785 s.f.
Average Lot Area 32,595 s.f.
Department of Planning & Development Services
Case No.
ZA18-0032
The “R-PUD” zoning district follows the “SF-20A” Single Family Residential
District zoning regulations with the following exceptions:
Regulation SF-20A R-PUD Regulation
Lot Area 20,000 sq. ft. 30,000 sq. ft.
Lot Width 100’ 110’
Lot Coverage 30% 35%
Minimum Floor Area 1,800 sq. ft. 4,000 sq. ft.
Maximum Accessory
Structure Area 600 sq. ft. 750 sq. ft.
ACTION NEEDED: 1) Conduct a Public Hearing
2) Consider approval of a Zoning Change and Development Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Development Plan Review Summary No. 2, dated September 28, 2018
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-753
Full Size Plans (for Commission and Council members only )
PowerPoint Presentation
“R-PUD” Regulations
Plans
Corridor Planning Committee Report
SPIN meeting Report
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8062
Case No. Attachment A
ZA18-0032 Page 1
BACKGROUND INFORMATION
OWNER: Linda Behrends c/o Travis Franks
APPLICANT: Sage Group, Inc.
PROPERTY SITUATION: 1749 E. Highland St., located on the south side of E. Highland St. to the
west of Carroll Middle School and approximately 1,950 feet east of the
intersection of E. Highland St. and E. Kirkwood Blvd.
LEGAL DESCRIPTION: Tract 1B, Thomas Mahan Survey, Abstract No. 1049
LAND USE CATEGORY: Mixed Use and Low Density Residential
CURRENT ZONING: “AG” – Agricultural District
PROPOSED ZONING: “R-PUD” – Residential Planned Unit Development District
HISTORY: - The property was annexed into the City in 1956 and given the “AG”
Agricultural District zoning designation.
SOUTHLAKE 2030/2035
COMPREHENSIVE PLAN: A detailed Comprehensive Plan Analysis has bee n prepared for this
development (See separate attachment).
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The site proposes one private gated street with access directly onto E.
Highland St., which is a two-lane undivided collector street with 70 feet of
right of way. Adequate right of way is shown to be dedicated on the plans.
The proposed development is located on the south side of E. Highland St.
between N. Kimball Ave. and Kirkwood Blvd.
E Highland Street (31)
(between N Carroll Avenue and N Kimball Avenue)
24hr Eastbound (563) Westbound (567)
AM Peak AM (65) 7:30 AM –8:30 AM Peak AM (97) 7:15 AM– 8:15 AM
PM Peak PM (66) 3:00 PM – 4:00 PM Peak PM (57) 2:15 PM – 3:15 PM
* Based on the 2017 City of Southlake Traffic Count Report
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
Use
Dwelling
Units Vpd AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Single Family Detached
Housing (210) 13 124 3 7 8 5
* Vehicle Trips Per Day
* AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday
* Based on the ITE Trip Generation Handbook, 9th Edition
TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D
because it is being rezoned.
Case No. Attachment A
ZA18-0032 Page 2
There is approximately 6.46% existing tree cover on the site, of which,
approximately 70.20% is proposed to be preserved. If the request was for a
standard zoning district, a minimum 70% of existing tree cover would be
required to be preserved.
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: The subject tract has access to six (6) inch waterline along E. Highland
Street, and an eight (8) inch waterline along the southern boundary.
This site is currently serviced by an existing eight (8) inch sanitary sewer
main along E. Highland Street. The development must extend a sanitary
sewer stub to the west boundary of the tract.
DRAINAGE: Most the drainage is generally draining to a pond at the northeast corner of
the tract, from which the site will tie into a stubbed storm sewer system.
Some of the drainage is draining to the southeast side of the tract. Carroll
ISD to the east has generally taken into account the subject tract’s
drainage. The developer will be required to provide additional information
with the construction documents to ensure that the proposed designed
development is meeting Carroll ISD’s drainage assumptions and City of
Southlake’s Ordinances.
CITIZEN INPUT: The following meetings were held to discuss the development:
A SPIN meeting for this project was held on August 28, 2018.
Case No. Attachment A
ZA18-0032 Page 3
A 2035 Corridor Planning Committee meeting was held on September 12,
2018.
STAFF COMMENTS: Attached is Review Summary No. 2, dated September 28, 2018.
Case No. Attachment B
ZA18-0032 Page 1
Case No. Attachment C
ZA18-0032 Page 1
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA18-0032 Review No.: Two Date of Review: 09/28/18
Project Name: Development Plan – Oxford Place
APPLICANT: Curtis Young OWNER: Linda Behrends c/o Travis Franks
Sage Group, Inc.
1130 N. Carroll Ave., Suite 200 1749 E. Highland St.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 424-2626 Phone: (940) 300-8820
E-mail: cyoung@sage-dfw.com E-mail: travis.franks@willowtree.us
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIV ED BY THE CITY ON
09/19/18 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE
CONTACT RICHARD SCHELL AT (817) 748-8602.
1. A Preliminary Plat that conforms to the R-PUD district zoning must be processed and approved
and then a Final Plat processed, approved and recorded prior to the conveyance of any lots or the
issuance of any building permits. The Final Plat must be approved by the Planning and Zoning
Commission prior to the commencement of any site work.
2. Please add the net area (gross area less right of way dedication and private street area) and net
density in the Site Data Summary Chart.
3. The following comments pertain to sidewalks:
a. The minimum width for sidewalks along public streets, including residential and non -
residential developments, is now five (5) feet. The “R-PUD” regulations state that a
minimum 5’ sidewalk shall be required along the internal street frontage of all residential
lots. A four (4) foot wide sidewalk shown on the Development Plan. Please revise the plans
to show minimum five (5) foot sidewalks.
b. A sidewalk connection through Open Space Lot 8 to connect to the 8’ multi-use trail along
the school driveway is shown. A pedestrian access easement across the school property
will be required.
* Please be aware that land required for common open space shall not include areas in retention
and detention ponds of draina ge easements in excess of 25% of the total required open space
area.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
Case No. Attachment C
ZA18-0032 Page 2
1. A Tree Conservation Plan conforming to the approved Preliminary Plat and/or Development Plan
will be required with the submittal of the Final Plat and any submitted construction plans.
* There is approximately 6.46% existing tree cover on the site, of which, approximately 70 .20% is
proposed to be preserved. If the request was for a standard zoning district, a minimum 70% of
existing tree cover would be required to be preserved.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservatio n
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 percen tage 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 a ny area in
public rights-of-way as approved by City Council.
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 Zonin g 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.
Case No. Attachment C
ZA18-0032 Page 3
* 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.
Public Works/Engineering Review
Kevin Ferrer, P.E.
Civil Engineer
Phone: (817) 748-8089
E-mail: kferrer@ci.southlake.tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Proposed streets will need to be designed to City Street standards, i.e. ROW and pavement width.
Minimum roadway width for residential developments is 31-feet back of curb to back of curb.
Minimum Right of way for residential streets is 50-feet. A private street in a 50’ Emergency Access,
Pedestrian Access, Drainage and Utility Easement is proposed.
3. Label radius of proposed cul-de-sac. Minimum paved radius for a cul-de-sac is 50’.
4. Proposed sidewalks on the plans shall have a minimum 5’ width.
5. Sidewalk escrow fees may need to be paid prior to the start of construction. (Site specific only with
council approval.)
6. Specify the amount of Right-of-way amount/width is going to be dedicated for East Highland
Street.
* Sidewalks shall be required to be constructed with each dwelling.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and ar terials.
* 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:
Case No. Attachment C
ZA18-0032 Page 4
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. Detention ponds shall be dedicated by plat as drainage easements. The following note shall be
added to the plat: Compliance with the provisions of the city’s Storm Drainage Policy does not
relieve a person of the responsibility of complying with all other applicable laws, including, but not
limited to, Section 11.086, Texas Water Code.
3. A drainage easement shall be required for the detention pond/s. A letter of perm ission from the
property owner to the east will need to be obtained before any work begins on the pond or the
surrounding area as it appears that part of the pond is located on the property adjacent to this
development to the east.
4. Show existing easement abutting subject tract with (Volume/Page) and dedicate easements along
tracts boundary in such a way that there’s a total of 10’ wide Utility easement with the existing
easement along all sides of the tract.
5. Provide grading plan containing 2’ contours. Contours may be obtained from the City of
Southlake. Provide swale along western property within an easement to intercept runoff before
entering adjacent property.
* Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easem ent.
* 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 COMMENTS:
6. Adjust water line in such a way that they don’t end up in pavement.
7. Single family residential developments require fire hydrant spacing of 400’ maximum for non -
sprinkled residences or 600’ for sprinkled residences.
* Water lines cannot cross property lines without be ing 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 1” inch meter must have a 1” tap, etc.
* Water service lines will need to have a minimum 10’ separation with Sanitary Sewer service lines
and manholes.
* Water meters and fire hydrants shall be located in an easement or right of way.
* Fire lines shall be separate from service lines.
SANITARY SEWER COMMENTS:
8. Minimum size for sanitary sewer is 8”. Sanitary sewer service lines shall connect to public sanitary
sewer system built to City standards.
9. Adjust Sanitary Sewer lines in such a way that they don’t end up in pavement.
Case No. Attachment C
ZA18-0032 Page 5
10. Extend sanitary sewer to the western property line and provide sewer stub to adjacent property.
* Sanitary sewer in easements or right of way shall be constructed to City standards.
DRAINAGE COMMENTS:
1. Provide grading plan containing 2’ contours. Contours may be obtained from the City of
Southlake.
2. Adjust proposed 24” RCP tie-in to connect to the curb inlet instead.
3. Differences between pre- and post- development runoff shall be captured in detention pond(s).
Proposed detention ponds shall control the discharge of the 1, 10 and 100 - year storm events.
Detention may be required with any new proposed building construction. Describe how increased
runoff from site is being detained. Access easements are needed for maintenance of detention
ponds.
4. It appears another detention pond will be required on the southern side for basin designated as D
due to the increased runoff.
5. Documentation supporting and certifying that detention is not necessary will be required prior to
approval of construction plans.
6. Double check travel time of concentration calculati on for basin EX-A2 as 20 minutes appear to be
low.
7. Easements outside of right of way shall be required for proposed storm sewer. Storm sewer must
be installed outside the edge of pavement. Ordinance #605 defines easement requirements for
storm sewer:
30” RCP and under - 15’ easement
42” – 54” RCP - 20’ easement
60” – 66” RCP - 25’ easement
72” – 102” RCP - 30’ easement
Over 102” RCP – 3.5 times diameter
8. Verify size, shape, and/or location of the detention pond (as depicted on the
site/concept/development plan). Any changes to size, shape, and/or location of the proposed
pond(s) may require a revision to the concept/site/development plan and may need to be approved
by the Planning and Zoning Commission and the City Council.
* 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.
* Runoff coefficients (C) for existing conditions shall be 0.35 and 0.50 for proposed conditions.
* Provide inlet at the end of pavement of proposed street to intercept runoff before entering
adjacent property.
* Property drains into a Critical Drainage Structure #13 and requires a fee to be paid prior to
beginning construction ($371.20/Acre).
* Discharge of post development runoff must have no adverse impact on upstream and
downstream properties and meet the provisions of Ordinance No. 605.
Case No. Attachment C
ZA18-0032 Page 6
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist dir ectly 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
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000.
The plan must include all required elements in Part III, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the
SWPPP please refer to the Stormwater Management for Construction Sites in:
https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
* NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet.
* Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a
registered engineer in the State of Texas. Retaining walls shall require a permit from the Building
Inspections Department prior to construction.
* A geotechnical report will be required for all private and public roadways. 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.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
FIRE LANE COMMENTS:
The entry appears to be designed to accommodate gated access, if requested and approved by city
council, the gate must be equipped with an Opticom or KS -2 switch for opening the gate electronically,
as well as a means for manual opening.
Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (A minimum of 85,000 lbs GVW). The 24' street widths on both sides of the medians and
the larger turning radius and the end of the street are approved with the agreement to provi de fire
Case No. Attachment C
ZA18-0032 Page 7
suppression for every residence in the neighborhood.
General Informational Comments
* A SPIN meeting for this project was held on August 28, 2018.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* All mechanical equipment must be screened of view from right-of-ways and residential
properties in accordance with the Zoning Ordinance No. 480, as amended.
* 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.
* It appears that this property lies within the 65 LDN D/FW Regional Airport Overlay Zone and
will require construction standards that meet requirements of the Airport Compatible Land Use
Zoning Ordinance No. 479.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* The applicant should be aware that prior to the conveyance of lots or the issuance of a building
permits, a Plat must be processed and filed in the County Plat Records and all required fees must
be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee,
Water & Sewer Impact and Tap Fees, and related Permit Fees.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale water
customer contract with the City of Fort Worth, all new water connections are requi red to pay the
City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final
plat recordation date and building permit issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount.
Case No. Attachment D
ZA18-0032 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
SPO # Owner Zoning Physical Address Acreage Response
1. BOGGARAM, B SF1-A 1205 COSTA AZUL CT 1.00 NR
2. WOMACK, JUSTEN SF1-A 1201 COSTA AZUL CT 1.03 NR
3. CARROLL, ISD SP1 1800 E KIRKWOOD BLVD 24.43 NR
4. ANDRE, DON F SF1-A 1780 E HIGHLAND ST 0.98 NR
5. CAMERON, SCOTT EUGENE SF1-A 1776 E HIGHLAND ST 0.80 NR
6. OBAID, SACHA SF1-A 1251 SUNSHINE LN 3.04 NR
7. CHU, EDWARD SF1-A 1204 ANDRE CT 1.02 NR
8. BEHRENDS, LINDA AG 1749 E HIGHLAND ST 12.50 NR
9. GATEWAY CHURCH NRPUD 1501 E HIGHLAND ST 22.05 NR
10. GATEWAY CHURCH NRPUD 700 BLESSED WAY 82.01 NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Nine (9)
Responses Received within 200’: None (0)
Responses Received outside 200’: Two (2) - Attached
Case No. Attachment D
ZA18-0032 Page 2
Case No. Attachment D
ZA18-0032 Page 3
Case No. Attachment E
ZA18-0032 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-753
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS TRACT 1B, THOMAS MAHAN SURVEY,
ABSTRACT NO. 1049, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 12.64 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT TO “R-PUD”
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, an d
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA18-0032 Page 2
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 ty pes of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this ordinance
for off-street parking facilities; location of ingress and egress points for parking and off -street
loading spaces, and protection of public health by surfacing on all parking areas to control dust;
effect on the promotion of health ad the general welfare; effect on light and air; effect on the
over-crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which existed
Case No. Attachment E
ZA18-0032 Page 3
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 trac t 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 t he City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Tract 1B, Thomas Mahan Survey, Abstract No. 1049,
Southlake, Tarrant County, Texas, being approximately 12.64 acres, and more
fully and completely described in Exhibit “A” from “AG” Agricultural District to “R-
PUD” Residential Planned Unit Development District as depicted on the approved
Development Plan attached hereto and incorporated herein as Exhibit “B”, and
subject to the following conditions:
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1. List any conditions
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in sai d 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 in tact 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 o ver-crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been ma de 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.
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SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of _____, 2016.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2016.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Tract 1B, Thomas Mahan Survey, Abstract No. 1049, Southlake, Tarrant
County, Texas, being approximately 12.64 acres and being more particularly described as
follows:
Metes and Bounds Description
Reserved for metes and bounds description
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EXHIBIT “B”
Reserved for approved Site Plan