Item 6KCase No.
ZA19-0005
S T A F F R E P O R T
April 9, 2019
CASE NO: ZA19-0005
PROJECT: Zoning Change and Development Plan for Hawkwood
EXECUTIVE
SUMMARY: Hat Creek Development is requesting 2nd reading approval of a Zoning Change
and Development Plan for Hawkwood on property described as Lots 1R and 2R,
Block 1, Baker Estates Addition Southlake, Tarrant County, Texas, and located
at 610 and 620 S. Peytonville Avenue, Southlake, Texas. The current zoning is
“SF-1A” Single Family Residential District and “RE-5” Residential Estate District.
The requested zoning is “R-PUD” Residential Planned Unit Development. SPIN
Neighborhood #10.
DETAILS: The subject property is located on the west side of S. Peytonville Avenue
approximately 525 feet south of the intersection of S. Peytonville Avenue and W.
Southlake Blvd.
On October 2, 2018, City Council denied a previous Zoning Change and Concept
Plan application to develop this property as a 14-lot residential gated subdivision.
The applicant has removed the private street/gate component and reduced the
number of lots from 14 to 11. Please see attached narrative describing the
proposed changes, as well as the proposed open space maintenance plan.
On April 2, 2019, the applicant requested approval of a 1st reading for a Zoning
Change and Concept Plan from “SF-1A” Single Family Residential District and
“RE-5” Residential Estate District to “SF-20A” Single Family Residential District
to allow construction of an 11 lot residential subdivision on 9.8 acres. The lot
sizes range from 32,033 sq. ft. to 38,255 sq. ft. with an average lot size of 34,505
sq. ft. The gross density proposed was 1.12 du/acre. The development would
include a drainage easement for the existing creek and relocation of the existing
pond to the west in order to be located along the drainage easement and provide
retention capacity. A copy of the drainage plan was provided in the packet and
presented by staff as part of the presentation. The proposed concept plan
indicated a 6 foot masonry wall along S. Peytonville at the subdivision entry and
6 foot ornamental fence to be replaced or repaired along the north, south and
western boundaries. The proposed plan also indicated a 5 foot sidewalk would
be constructed along the east property line along Peytonville.
The City Council approved the 1st reading allowing a “R-PUD” Residential
Planned Unit Development District in place of the original request for “SF-20A”
Single Family Residential District. The approval included the direction for staff to
work with the applicant to finalize the provisions of the R-PUD and the proposed
fence details.
Case No.
ZA19-0005
Updated Site Data Summary
Existing Zoning “SF-1A” and “RE-5”
Proposed Zoning “R-PUD”
Land Use Designation Medium Density Residential
Gross Acreage 9.8 acres
Dwelling Units/Residential Lots 11
Density 1.12 du/acre
VARIANCE: The applicant is requesting a variance to Zoning Ordinance No. 480, Section
30.11 – Common Open Space, from a minimum of 10%, to no open space.
The written opposition from property owners within the 200 ft. notification
boundary is at 82.85% at the time of this report (April 9, 2019). If opposition by
the property owners within the area of the 200 ft. notification boundary remains
at 20% or greater, a super majority vote (6 of 7 members) of the City Council will
required for final approval of this request.
ACTION NEEDED: 1. Conduct a Public Hearing
2. Consider Approval of 2nd reading for a Zoning Change and
Development Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Development Plan Review Summary No. 1, dated April 8, 2019
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-758
Full Size Plans (for Commission and Council members only)
• Presentation
• Design Standards
• Development Regulations
• Plans
• SPIN Report
• Corridor Committee Meeting Report
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No. Attachment A
ZA19-0005 Page 1
BACKGROUND INFORMATION
APPLICANT: Kosse Maykus, Hat Creek Development
PROPERTY SITUATION: 610 and 620 S. Peytonville Avenue
LEGAL DESCRIPTION: Lots 1R and 2R, Block 1, Baker Estates Addition
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “SF-1A” Single Family Residential District and “RE-5” Residential Estate
District
REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District
HISTORY: The property was given the “AG” Agricultural zoning designation with the
adoption of the City’s Zoning Ordinance in 1987.
January 4, 1994; City Council approved a zoning change of 4.08 acres of
the proposed Lot 2, Baker Estates from “AG” Agricultural District to “SF-
1A” Single Family Residential District. (ZA93-104)
January 20, 1994, the Planning and Zoning Commission approved a Final
Plat for Lot 1 and Lot 2, Block 1, Baker Estates. (ZA93-129)
March 1994: a building permit was issued for the construction of a new
residence on the property.
July 15, 1997; City Council approved a plat revision for 2 lots for Baker
Estates. (ZA97-071)
August 5, 1997; City Council approved a zoning change for Lot 2, Block
1, Baker Estates from “SF-1A” Single Family Residential District to “RE-
5” Residential Estate District. (ZA97-080)
October 2, 2018; City Council denied a zoning change and concept plan
for a 14-lot “SF-20A” residential subdivision. (ZA18-0033)
SOUTHLAKE 2035
PLAN: The underlying land use
designation is Medium Density
Residential. The request to
change the zoning to “SF-20A”
Single Family Residential District
is consistent with this land use
designation.
Case No. Attachment A
ZA19-0005 Page 2
PATHWAYS
MASTER PLAN: The Pathway Master Plan for this
property requires a 5-foot sidewalk
along the west side of S. Peytonville
Avenue and an 8-foot sidewalk on
the east side of S. Peytonville
Avenue. No sidewalks currently exist
on the west side of S. Peytonville
Avenue north of Elks Lane (from W.
Continental Blvd. to Elks Lane) to W.
Southlake Blvd. The 8-foot sidewalk
on the east side of S. Peytonville
Avenue has been constructed from Boardwalk Avenue north to W.
Southlake Blvd.
WATER & SEWER: This site is currently serviced by an existing 8” water line along S.
Peytonville Avenue. There is an existing 8” sewer line located along the
north property line and a 6” sewer line located on the east side of S.
Peytonville Avenue.
DRAINAGE COMMENTS: Drainage is generally to the south on the western and north portion of the
lot and west at the southeast portion of the property. Also, water flows
onto the property from the east. An existing creek is located within the
subdivision draining to the south through the property. A preliminary
drainage plan is included in the packet.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The site will have one access drive directly onto S. Peytonville Avenue, a
2-lane undivided 70-foot collector. The proposed development is located
on S. Peytonville Avenue between W. Southlake Blvd. and W. Continental
Blvd.
S. Peytonville Avenue (51)
(between W. Continental Blvd. and Stonebury Drive)
24hr North Bound (2,214) South Bound (1,998)
AM Peak AM (387) 7:00 AM –8:00 AM Peak AM (202) 7:15 AM– 8:15 AM
PM Peak PM (227) 3:00 PM – 4:00 PM Peak PM (209) 1:00 PM – 2:00 PM * Based on the 2018 City of Southlake Traffic Count Report
Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this project.
TREE PRESERVATION: The proposed tree preservation complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is
44.24% of existing tree cover on the site and a minimum of 50% of the
tree cover is required to be preserved. The applicant is proposing to
preserve 54.4% of the existing tree cover.
CITIZEN INPUT: A SPIN meeting was held for this project on February 12, 2019.
A 2035 Corridor Planning Committee meeting was held on January 24,
2019.
Case No. Attachment A
ZA19-0005 Page 3
PLANNING & ZONING
COMMISSION: February 21, 2019; Approved (5-0) as presented and subject to the Staff
Report and Staff Review Summary No. 2, dated February 15, 2019.
CITY COUNCIL: March 5, 2019; Approved to Table to the March 19, 2019 City Council
meeting.
March 19, 2019; Approved to Table to the April 2, 2019 City Council
meeting.
April 2, 2019; Approved 1st Reading (6-1) allowing a “R-PUD” Residential
Planned Unit Development District in place of the original request for “SF-
20A” Single Family Residential District; directing staff to work with the
applicant to finalize the provisions of the R-PUD, and the applicant’s
agreement to work with staff regarding the proposed fence details.
STAFF COMMENTS: Attached is Development Plan Review Summary No. 1, dated April 8,
2019.
Case No. Attachment B
ZA19-0005 Page 1
Case No. Attachment C
ZA19-0005 Page 1
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA19-0005 Review No.: One Date of Review: 04/08/19
Project Name: Zoning Change and Concept Plan – Hawk Wood
APPLICANT: Hat Creek Development DESIGN: Sage Group, Inc.
Kosse Maykus Curtis Young
PO Box 92747 1130 N. Carroll Ave., Ste 200
Southlake, Texas 76092 Southlake, Texas 76092
Phone: 817-329-3111 Phone: 817-424-2626
Email: kosse@maykus.com Email: cyoung@sage-dfw.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/5/19 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 THE APPROPRIATE STAFF MEMBER.
Planning Review
Lorrie Fletcher
Planner
Phone: (817) 748-8069
Email:lfletcher@ci.southlake.tx.us
1. Provide a minimum 10% open space. A variance has been requested.
• All development must comply with the underlying zoning district regulations.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* The proposed existing tree cover preservation complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is 44.24% of existing
tree cover on the property and a minimum of 50% of the existing tree cover is required to be
preserved. 54.40% of the existing tree cover is proposed to be preserved.
* 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.
Case No. Attachment C
ZA19-0005 Page 2
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.
* 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:
* This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
1. It is preferred to modify proposed sidewalk crossing to be perpendicular of Boardwalk Ave. while
also being parallel with South Peytonville Ave.
EASEMENTS:
Storm sewer lines proposed to run along the rear of the lots will require a private drainage
easement and will need to be privately maintained.
SANITARY SEWER COMMENTS:
1. Is there an alternative sanitary sewer route such as tie-in to sewer line by Peytonville avenue?
Staff would like to preserve the existing trees if possible. Please analyze if alternate options are
available.
DRAINAGE COMMENTS:
1. Limits of 1% floodplain boundaries shall be shown and contained within a dedicated drainage
easement at the time of submittal of the final plat and civil set.
2. 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.
Describe how increased runoff from site is being detained. Access easements are needed for
maintenance of detention ponds. If tract does not detain, development will need to provide
Case No. Attachment C
ZA19-0005 Page 3
hydraulic and hydrology supporting documents up to the critical drainage infrastructure at the
time of the civil set showing that downstream/upstream properties are not negatively affected by
the development.
3. Easements outside of right of way shall be required for proposed storm sewer. 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
4. Provide a storm sewer junction box by lot 1 to provide a maintenance access point.
* Provide inlet at the end of pavement of proposed street to intercept runoff before entering
adjacent property.
* Property drains into a Critical Drainage Structure #19 and requires a fee to be paid prior to
beginning construction ($417.61/Acre).
* Discharge of post development runoff must have no adverse impact on upstream & downstream
properties and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. The plans shall conform to the most recent construction plan checklist, standard details
and general notes which are located on the City’s website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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.
* 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.
*=Denotes informational comment.
Case No. Attachment C
ZA19-0005 Page 4
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
General Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
* The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan,
irrigation plan, and building plans, must be submitted for approval and all required fees must
be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street
Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* Through the wholesale water customer contract with the City of Fort Worth, all new water
connections are required 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 collec tion of Impact
Fees Guide to determine the fee amount.
* Denotes Informational Comment
Case No. Attachment D
ZA19-0005 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. ROGERS, DENNIS P SF20A 1420 PARK PL 0.48 O
2. EADS, JIMMIE D SF20A 1417 PARK PL 0.47 O
3. LIU, JIE SF20A 1419 PARK PL 0.47 NR
4. CONTARDI, LISA A SF20A 610 BOARDWALK AVE 0.46 O
5. ELAM, THOMAS E SF20A 612 BOARDWALK AVE 0.47 O
6. RIVERA, JAY S SF20A 611 BOARDWALK AVE 0.67 NR
7. MCDERMOTT, KARL SF20A 607 STONEBURY DR 0.52 O
8. SWACKER, ROBERT N SF20A 605 STONEBURY DR 0.73 O
9. YOUNG, KEITH W SF20A 515 STONEBURY DR 0.48 O
10. WOODS, SCOTT A SF20A 517 STONEBURY DR 0.70 O
11. HARRY, GLEN SF20A 519 STONEBURY DR 0.68 O
12. CROWN, STACIE S SF20A 604 STONEBURY DR 0.55 O
13. MURRAY, THOMAS J SF20A 516 STONEBURY DR 0.61 O
14. RABELER, HILARY SF20A 602 STONEBURY DR 0.48 O
15. CHAND, ELIZABETH SF20A 521 STONEBURY DR 0.50 O
16. HUBIK, JOSEPH P SF20A 603 STONEBURY DR 0.67 O
17. SOUTHLAKE WOODS LP SF20A 601 STONEBURY DR 0.20 O
18. NYHOFF, DOUGLAS G SF1-A 670 S PEYTONVILLE AVE 2.56 O
19. MCKELVEY, THOMAS R SF1-A 690 S PEYTONVILLE AVE 3.37 O
20. KAHN, MAYIER SF20A 1801 NATIVE DANCER PL 0.96 O
21. CARTER, WILLIAM MICHAEL SF20A 1808 NATIVE DANCER PL 0.86 O
22. RAMAMURTHY, G SF20A 1800 NATIVE DANCER PL 0.96 O
23. COCANOUGHER, ROBERT RE5 620 S PEYTONVILLE AVE 6.04 NR
24. COCANOUGHER, ROBERT SF1-A 610 S PEYTONVILLE AVE 3.70 NR
25. JONES, HARRISON J SF20A 610 INDIAN PAINTBRUSH WAY 1.05 O
26. LI, YUEH-HUA SF20A 1804 NATIVE DANCER PL 1.00 O
27. GADDAM, SRIKANTH SF20A 608 INDIAN PAINTBRUSH WAY 1.00 O
Case No. Attachment D
ZA19-0005 Page 2
28. VINEYARD, BRYAN C SF20A 604 INDIAN PAINTBRUSH WAY 0.56 NR
29. FRITZ, MARK RICHARD SF20A 600 INDIAN PAINTBRUSH WAY 0.54 O
30. IVEY, BRIAN SF20A 524 INDIAN PAINTBRUSH WAY 0.50 O
31. MORRISON, SCOTT SF1-A 655 S PEYTONVILLE AVE 1.00 NR
32. NAOMI JONES LIV TRUST SF1-A 701 S PEYTONVILLE AVE 13.99 F
33. Superintendent of Carroll ISD NR
34. Superintendent of Grapevine
Colleyville ISD
NR
35. Superintendent of Northwest ISD NR
36. Superintendent of Keller ISD NR
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Thirty-six (36)
Responses Received within 200’: Twenty-five (25) – Twenty-four (24) opposed and One (1) in
favor
See attached response forms
Responses Received outside 200’: Six (6) – One (1) opposed and Five (5) in favor
See attached
Miscellaneous Correspondence: Two (2)
See attached
Cards received at the P&Z Meeting: Twenty-five (25) total
Five (5) opposed – Three (3) within 200’
Twenty (20) in favor – None (0) within 200’
The written opposition from property owners within the 200 ft. notification boundary is at 82.85% at the
time of this report (April 9, 2019). If opposition by the property owners within the area of the 200 ft.
notification boundary remains at 20% or greater, a super majority vote (6 of 7 members) of the City
Council will required for final approval of this request.
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Case No. Attachment E
ZA19-0005 Page 1
ORDINANCE NO. 480-758
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 LOTS 1R AND 2R, BLOCK 1, BAKER ESTATES
ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 9.80 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A”
SINGLE FAMILY RESIDENTIAL DISTRICT AND “RE-5”
RESIDENTIAL ESTATE 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 unde r 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, saf ety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “SF-1A” Single Family
Case No. Attachment E
ZA19-0005 Page 2
Residential District and “RE-5” Residential Estate 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 public
necessity for the zoning changes, that the public demands them, that the public interest clearly
Case No. Attachment E
ZA19-0005 Page 3
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 ther e 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 C ity 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 Lots 1R and 2R, Block 1, Baker Estates Addition Southlake,
Tarrant County, Texas, being approximately 9.80 acres, and more fully and
completely described in Exhibit “A” from “SF-1A” Single Family Residential District
Case No. Attachment E
ZA19-0005 Page 4
and “RE-5” Residential Estate 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:
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 prom oting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over-crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and
development 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 val ue of buildings and
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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 provisio ns 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.
Case No. Attachment E
ZA19-0005 Page 6
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 2nd day of April, 2019.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ___ day of _________, 2019.
________________________________
MAYOR
ATTEST:
Case No. Attachment E
ZA19-0005 Page 7
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA19-0005 Page 8
EXHIBIT “A”
Reserved for metes and bounds description
Case No. Attachment E
ZA19-0005 Page 9
EXHIBIT “B”
Reserved for approved R-PUD District Regulations and Development Plan