Item 6B9
CASE NO: ZA19-0071
SOUTHLAKE
PLANNING do DEVELOPMENT
SERVICES
STAFF REPORT
December 31, 2019
PROJECT: Zoning Change and Concept Plan for The Canopy
EXECUTIVE
SUMMARY: On behalf of Shady Lane MF Southlake, LLC, Hat Creek Development is
requesting 2nd reading approval of a Zoning Change and Concept Plan for The
Canopy on property described as Tract 2A02, Samuel Freeman Survey, Abstract
No. 525, Southlake, Tarrant County, Texas and located at 395 Shady Ln.
(addressed as 409 Shady Ln. by Tarrant Appraisal District), Southlake, Texas.
Current Zoning: "AG" Agricultural District and "SF -1 A" Single Family Residential
District. Requested Zoning: "SF -1A" Single Family Residential District. SPIN
Neighborhood #4.
DETAILS: The purpose of this request is to seek 2nd reading approval of a Zoning Change
and Concept Plan for seven residential lots on approximately 8.22 acres. A
private street meeting City design standards for a local street is proposed internal
to the development. Access to the development is proposed from Shady Lane,
which is a local street, via a private access driveway to be reconstructed to a 19'
paved width with emergency access also provided from the S.H. 114 frontage
road.
Site
Data Summary
Land Use Designation
Low Density Residential
Existing Zoning
"AG" and "SF -1A"
Proposed Zoning
"SF -1A"
Gross Acreage
8.22 ac.
Net Acreage
7.002 ac.
# of Residential Lots
7
Gross Density
0.85 du/ac.
Net Density
0.9997 du/ac.
Average Lot Area
1.023 ac. (44,571 sf)
VARIANCES
REQUESTED:
Variance to Tree Preservation Ordinance No. 585-E. The required canopy
to be preserved is 70% based on the 14.43% of existing tree cover and
approximately 65.72% is proposed to be preserved. A variance is
requested.
Case No.
ZA19-0071
2. Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits
private streets in new subdivisions in which less than 75% of the lots
contain homeowner occupied structures. A private driveway internal to
the development with a 31' wide back of curb to back of curb paving
section in a 50' Emergency Access, Common Access, Drainage and
Utility Easement is proposed. The 50' Emergency Access, Common
Access, Drainage and Utility Easement shall be dedicated to and
maintained by the HOA. The off-site portion of the access driveway shall
be re -constructed to include a nineteen (19) foot wide paving section to
meet the Fire Marshal's requirements within an existing and proposed 30'
ingress/egress/access easement.
3. Subdivision Ordinance No. 483, as amended, Section 8.01.D requires
that all side lot lines shall be perpendicular to the right-of-way or radial in
the case of a cul-de-sac or curvilinear design. A variance is requested to
allow the side lot lines as shown.
4. Subdivision Ordinance No. 483, as amended, Section 5.03.1 requires cul-
de-sacs to not exceed 1,000 feet. A variance is requested to allow the
cul-de-sac as shown.
The City Council recommended approval of the item on November 21, 2019 with
the following condition:
City Council 1St reading motion
Applicant's Response
An 8' cedar fence with a cap, stained on both
The applicant has revised the Concept Plan to show
sides and with metal posts will be built along
a 6' iron fence along the north boundary of the
the north portion of the access easement
access easement adjacent to the property
(Shady Oaks to Lot 1 of the Canopy) or
addressed as 413 Shady Lane. A 50' portion of the
alternately, a 4' wrought iron fence if the
cedar fence with a cap, stained on both sides and
property owner to the north is amenable to
with metal posts that is shown adjacent to Lot 1
such.
Block 1, Greg's County Acres (405 Shady Ln.) is
labeled at 6' in height with the remainder of the
fence remaining at 8' in height.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd Reading approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 3, dated December 30, 2019
(D) Surrounding Property Owners Map & Responses
(E) Ordinance No. 480-765
Half Size Plans (for Commission and Council members only)
Link to Presentation
Link to Variance Request Letter
Link to Drainage, Access & Open Space Easement Management Plan
Link to Plans
Link to 2035 Corridor Planning Committee Report
Link to SPIN Report
Case No.
ZA19-0071
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA19-0071
BACKGROUND INFORMATION
OWNER: Shady Lane MF Southlake, LLC
APPLICANT: Hat Creek Development
PROPERTY SITUATION: 395 Shady Ln. (addressed as 409 Shady Ln. by Tarrant Appraisal District)
LEGAL DESCRIPTION: Tract 2A02, Samuel Freeman Survey, Abstract No. 525
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District and "SF -1A" Single Family Residential District
PROPOSED ZONING: "SF -1A" Single Family Residential District
HISTORY: - There is no development history on this property.
- The "SF -1A" Single Family Residential District zoning was places on the
portion of the property in the 65' LDN D/FW Regional Airport Overlay
Zone with the adoption of Zoning Ordinance 480 and the Official Zoning
Map in 1989.
SOUTH LAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is "Low Density
Residential".
The purpose of the Low Density Residential land use category is to
provide for and to protect low intensity detached single-family residential
development that promotes the openness and rural character of
Southlake.
Definition: The Low Density Residential category is for detached single-
family residential development at a net density of one or fewer dwelling
units per acre. Net density is the number of dwelling units per net acre,
which excludes acreage in all rights-of-way, easements, and lots
designated for public or private streets. Other suitable activities are those
permitted in the Public Parks/Open Space and Public/Semi-Public
categories. The Low Density Residential category encourages the
openness and rural character of the City of Southlake.
Pathways Master Plan & Sidewalk Plan
Five foot (5') sidewalks are required along both sides of local residential
streets and the 5' sidewalks are shown on the plan internal to the
development.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
A private street meeting City standards for a local street is proposed
internal to the development. Access to the development is proposed from
Shady Lane, which is a local street, via a private access driveway to be
reconstructed to a 19' paved width with emergency access provided from
the S. H. 114 frontage road.
Case No. Attachment A
ZA19-0071 Pagel
Traffic Impact
A Traffic Impact Analysis is not required for this development.
TREE PRESERVATION: The development is subject to Tree Preservation Ordinance No. 585-E
since it is being rezoned. The proposed tree preservation does not comply
with the Existing Tree Cover Preservation Requirements of the Tree
Preservation Ordinance 585-E. There is 14.43% of existing tree cover
within the proposed development and 70% of the existing tree cover is
required to be preserved. A variance is requested to preserve 65.72% of
the existing tree cover. The percentage of preserved canopy may
decrease once the review comments regarding drainage and utilities have
been addressed.
UTILITIES: The property is to be served by an extension of an 8" water line through
the proposed Next Century Health Care Plaza to the south (ZA19-0070)
an existing 8" sewer line that runs across the northern boundary of the
proposed Next Century Health Care Plaza property.
DRAINAGE: Drainage will flow to three proposed detention ponds at the northeast and
southwest portions of the property.
CITIZEN INPUT: A SPIN meeting was held on December 10, 2019. Link to SPIN Report.
A 2035 Corridor Planning Committee meeting was held on November 14,
2018. Link to 2035 Corridor Plannina Committee Report.
PLANNING AND ZONING
COMMISSION ACTION: November 21, 2019; Approved (5-0) referencing the staff report dated
November 15, 2019 and Concept Plan Review Summary No. 2 dated
November 15, 2019 granting the variances requested of a private street
(non -gated), a cul-de-sac exceeding 1,000 feet, side lot lines not
perpendicular, and 60.13% tree preservation from the required 70%. Also
noting the willingness of the developer to investigate reducing the street
size as narrow as possible with the Fire Marshal's permission to allow
additional tree preservation on the existing street section and to install
plantings along the fence line where gaps in the natural vegetation exist
currently.
CITY COUNCIL ACTION: December 3, 2019; Approved at 1St Reading (6-0) subject to the Staff
Report dated November 25, 2019 and Concept Plan Review Summary
No. 2, dated November 15, 2019, granting the following variances:
- A variance to Tree Preservation Ordinance No. 585-E and allowing
65.72% of the existing tree canopy to be preserved as proposed.
- A variance to Subdivision Ordinance No. 483, as amended, Section
5.04 to allow private streets in new subdivisions as shown and noting
that the off-site portion of the access driveway shall be reconstructed
to include a 19' wide paving section that meet the Fire Marshal's
requirements.
- A variance to Subdivision Ordinance No. 483, as amended, Section
8.01.D to allow lot lines as shown on the plan.
Case No. Attachment A
ZA19-0071 Page 2
- A variance to Subdivision Ordinance No. 483, as amended, Section
5.03.1. to allow the cul-de-sac as shown on the plan.
Also noting:
- The ingress/egress access easement will be maintained by the HOA.
- An 8' cedar fence with a cap, stained on both sides and with metal
posts will be built along the north portion of the access easement
(Shady Oaks to Lot 1 of the Canopy) or alternately, a 4' wrought iron
fence if the property owner to the north is amenable to such.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated December 30,
2019.
The variance criteria for Tree Preservation Ordinance No. 585-E are
below:
15. 2 VARIANCES:
a. The City Council may authorize a variance to any provision of this
Ordinance following a recommendation from the Planning and Zoning
Commission. A request for a variance to any provision in this
Ordinance shall be accompanied by a Tree Conservation Analysis or
Tree Conservation Plan as outlined in Article 6, or other
documentation requested by the Administrative Official, and the
following factors shall be considered in evaluating the variance
request:
i. Whether a literal enforcement of the Ordinance will create an undue
hardship or an unreasonable practical difficulty on the applicant;
ii. Whether the situation causing the unnecessary hardship or
practical difficulty is unique to the affected property and is not self-
imposed;
iii. Whether a reasonable accommodation or alternative solution can
be made to accomplish the desired activity without the alteration of
the tree;
iv. Whether the variance will injure or be wholly compatible with the
use and future or existing development of adjacent properties;
V. Whether the increased development costs caused by preserving
the tree create an undue hardship on the development of the site;
vi. Whether there is any identified adverse effect of the alteration or
preservation on erosion, soil moisture retention, flow of surface
water, and drainage systems;
vii. Whether there is any substantial impact to the buffering of
residential areas from the noise, glare, and visual effects of non-
residential uses;
viii. The costs versus the benefits of relocating required utility service
infrastructure and easements based on preservation or alteration
of protected trees;
ix. Whether the proposed tree replacement procedures adequately
mitigate the alteration of the tree;
x. Whether the alteration adversely affects the public health, safety or
welfare; and
A. Whether the granting of the variance will be in harmony with the
spirit and purpose of this Ordinance to the greatest degree
reasonably possible.
Case No. Attachment A
ZA19-0071 Page 3
The variance criteria for Subdivision Ordinance No. 483 are below:
Section 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.
Case No. Attachment A
ZA19-0071 Page 4
Vicinity Map
The Canopy
n�
LA,
9 3.
's
Y
E= �KE
LLLLU
a�
Gu
4
+n�
'R
Zoning Change and Concept Plan
0 460 920 1,840
W s Feet
5
Case No. Attachment B
ZA19-0071 Page 1
xa
31
- =
r
S
S
7
9
:333
ncc
�4
Y
E= �KE
LLLLU
a�
Gu
4
+n�
'R
Zoning Change and Concept Plan
0 460 920 1,840
W s Feet
5
Case No. Attachment B
ZA19-0071 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA19-0071 Review No.: Three
Project Name: Concept Plan — The Canopy
APPLICANT: Kosse Maykus
Hat Creek Development
P.O. Box 92747
Date of Review: 12/30/19
OWNER: Mike Faulkner, Jr.
Shady Lane MF Southlake, LLC
2420 Oakbend Ct.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 329-3854 Phone: (214) 794-3535
E-mail: kosse@maykus.com E-mail: lonesomedoveceo@aol.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/12/19 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 RICHARD SCHELL AT (817) 748-8602.
A Preliminary Plat that conforms to the underlying zoning must be processed and approved and
then a Final Plat must be 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 execution of a developer's agreement and commencement of
any site work.
Provide a metes and bounds description that matches the gross area on the Concept Plan
(8.22 acres).
2. Show, label and dimension the width of the right of way and traveled roadway (Shady Ln) on
or adjacent to the site.
3. Label the adjacent properties and properties across Shady Lane of with owner's name,
existing zoning, and land use map designation ("L.U.D.= ").
4. Show, label and dimension the width of any easements on or adjacent to the site, if any.
5. The lot that contains the driveway access on the site is shown as an open space lot (Lot 1X)
that is to be dedicated to and maintained by the HOA. The lot area (46,070 s.f.) equals 1.058
ac. The net acreage also excludes the existing 20' ingress/egress easement shown along the
western boundary of Lot 1. Add columns for gross density (0.85 du/ac.) and net density (0.9997
du/ac.). An open space management plan that describes maintenance responsibilities for the
private street (internal and external to the development) and detention ponds has been
submitted.
6. Label and dimension the width of the proposed private street on-site at 31' back of curb.
7. Change the 20' ingress/egress easement to be dedicated on Lot 1 to a Private Access,
Emergency Access, Drainage and Utility Easement.
The Tree Conservation Plan as shown does not comply with the requirements in Tree
Preservation Ordinance No. 585-E. The required canopy to be preserved is 70% based on the
Case No. Attachment C
ZA19-0071 Page 1
14.43% of existing tree cover and approximately 65.72% is proposed to be preserved. A
variance is requested.
The plan as shown does not comply with the following requirements in Subdivision Ordinance
No. 483, as amended. The following variances are requested:
Subdivision Ordinance No. 483, as amended, Section 5.04 prohibits private streets in
new subdivisions in which less than 75% of the lots contain homeowner occupied
structures. A private driveway internal to the development with a 31' wide back of curb
to back of curb paving section in a 50' Emergency Access, Common Access, Drainage
and Utility Easement is proposed. The 50' Emergency Access, Common Access,
Drainage and Utility Easement shall be dedicated to and maintained by the HOA. The
off-site portion of the access driveway shall be re -constructed to include a nineteen (19)
foot wide paving section to meet the Fire Marshal's requirements within an existing and
proposed 30' ingress/egress/access easement.
2. Subdivision Ordinance No. 483, as amended, Section 8.01.D requires that all side lot
lines shall be perpendicular to the right-of-way or radial in the case of a cul-de-sac or
curvilinear design.
3. Subdivision Ordinance No. 483, as amended, Section 5.03.1 requires cul-de-sacs to not
exceed 1,000 feet.
Provide drainage easements for the retention/detention ponds.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
Please show all proposed utilities on the Tree Conservation Plan.
2. The designated protected trees 1761 and 1762 are within a 20' Drainage Easement on Lot 5,
where a 24" storm drain and the east detention area are proposed. The construction of the storm
drain and the detention area will alter the trees designated to be preserved.
The designated protected trees along the east and north sides of Lot 4 may also be altered by
the construction of the detention area.
3. The designated protected trees 1755, 1756, 1757, 1758, 1759, 1789, 1790, and 1791 are within
a proposed water line easement on Lot 5, where an 8" water line is proposed to be installed.
The construction of the water line will alter the trees designated to be preserved.
ALTER; ALTERS; ALTERATION: Any act which causes or may reasonably be expected to
cause a tree to die, including but not limited to, any of the following: uprooting any portion of
the tree's root system; severing the main trunk of the tree; inflicting damage upon the tree's root
system by machinery, storage of materials, or the compaction of soil above the root system of
a tree; changing the natural grade of the critical root zone of a tree or uphill from the critical root
zone of the tree so as to divert the flow of water to or away from the critical root zone; applying
Case No. Attachment C
ZA19-0071 Page 2
herbicidal or other lethal chemicals to the tree or any portion of the critical root zone of the tree;
placement of impermeable material over any portion of the critical root system of a tree; and
trenching within the critical root zone. A protected tree shall be considered to be altered if one
or more of the following occurs: more than twenty-five percent (25%) of the critical root zone is
adversely affected, more than twenty-five percent (25%) of its canopy is removed, or the tree is
disfigured to the extent a reasonable person would conclude the tree will not survive.
Trenching: No trenching shall cross the critical root zone of any protected tree, unless approved
in writing by the Administrative Official or exempted from the application of this Ordinance.
Trenching within the critical root zone shall require the issuance of a tree permit. The placement
of underground utility lines is encouraged to be located outside of the critical root zone of
protected trees.
4. The proposed tree preservation does not comply with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance 585-E. There is 14.43% of existing tree cover
within the proposed development and 70% of the existing tree cover is required to be preserved.
A variance is requested to preserve 65.72% of the existing tree cover. Please revise the plan to
account for the utilities as noted above and revise the variance request. The 23.29% of tree
cover designated as Marginal is included within the total amount of existing tree cover to be
removed.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of existing
tree cover at the time the first such permit was issued shall be used to calculate the minimum
existing tree cover that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
reserved*
70%
-0%-20%
20.1-40%
60%
50%
-40.1%-60%
40%
-60.1%-80%
80.1% - 100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the
zoning as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do
not conflict with existing trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
Case No. Attachment C
ZA19-0071 Page 3
Public Works/Engineering Review
Steve Anderson, P.E. , CFM
Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson@ci.southIake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
Utilities:
1. Connect proposed water line in cul-de-sac to existing water line to the south of Lot 5.
Drainage:
Detention outfall from Lot 4 cannot create adverse impacts to adjacent properties. Show and
label the outfall and easement from the detention pond to the inlet in Grapevine.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
No comments based on submitted information.
General Informational Comments
A SPIN meeting was held on December 10, 2019.
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
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.
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.
Case No. Attachment C
ZA19-0071 Page 4
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 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 collection of Impact Fees Guide to determine
the fee amount.
Denotes Informational Comment
Case No. Attachment C
ZA19-0071 Page 5
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
0
co
504
LN 2503
U
2505
2509
2613
2621
FUSELLA, ROBERT A
SF1-A
0
0
L
N
t
A
0
41
W
M
2.
BONOLA FAMILY LTD PRTNSHP
N
V
414
N IF
w
5.64
NR
3.
FUSELLA, ROBERTA
AG
409 SHADY LN
:t
-
w
o
4.
BARBARIA, DHIRAJLAL
M
CP
330
NR
R P R R R R
SOUTHLAKE PROPERTY
MANAGEMENT
C3
2680 E SH 114
2354
NR
0
BONOLA FAMILY LTD PRTNSHP
C3
2540
1.15
NR
7.
LANCE, CAROL ANN
cn
O
2.85
2600 268C 2720Y
CL' w
ROGERS, JANET E
SF1-A
425 SHADY LN
Q01 o
X
9.
CLARY, HELEN
SF1-A
J�
1.88
NR
10.
7
SPO #
Owner
Zoning
Ph sical Address
Response
1.
FUSELLA, ROBERT A
SF1-A
399 SHADY LN
_Acreage
4.07
NR
2.
BONOLA FAMILY LTD PRTNSHP
C3
2540 E SH 114
5.64
NR
3.
FUSELLA, ROBERTA
AG
409 SHADY LN
3.69
NR
4.
BARBARIA, DHIRAJLAL
SF1-A
435 SHADY LN
1.88
NR
5
SOUTHLAKE PROPERTY
MANAGEMENT
C3
2680 E SH 114
1.25
NR
6.
BONOLA FAMILY LTD PRTNSHP
C3
2600 E SH 114
1.15
NR
7.
LANCE, CAROL ANN
AG
413 SHADY LN
2.85
NR
8.
ROGERS, JANET E
SF1-A
425 SHADY LN
1.95
NR
9.
CLARY, HELEN
SF1-A
415 SHADY LN
1.88
NR
10.
GUILER, CAROL
SFi-A
405 SHADY LN
2.08
Concerns
11.
305 MORRISON PARK DRIVE LLC
SP2
305 MORRISON PARK DR
1.65
NR
12.
SAM 114 TWO LLC
SP2
320 MORRISON PARK DR
0.52
NR
13.
SAM 114 TWO LLC
SP2
330 MORRISON PARK DR
0.46
NR
14.
SAM 114 TWO LLC
SP2
325 MORRISON PARK DR
0.51
NR
15.
ANCOR REALTY 2720 LLC
SP2
2720 E SH 114
1.52
NR
16.
100 EAST MIDWAY LLC
AG
395 SHADY LN
8.66
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Twelve (12)
Responses Received: One (1) -Attached
Case No.
ZA19-0071
NR: No Response
Attachment D
Page 1
12/4/2019 Ci.southlake.tx.us Mail -Re: Email received last night for ZA19-0070 and ZA19-0071
IDSOUTHLAKE Richard Schell <rschell@ci.southlake.tx.us>
Re: Email received last night for ZA19-0070 and ZA19-0071
1 message
Ken Baker <kbaker@ci.southlake.tx.us>
To: Richard Schell <rschel l@ci. south lake.tx.us>
On Wed, Dec 4, 2019 at 10:07 AM Amy Shelley <ashelley@ci.southlake.tx.us> wrote:
Good morning,
The email below is the one Dr. Shafi referenced last night.
Thank you,
Amy Shelley, TRMC
City Secretary I City of Southlake
(817) 748-80161 ashelley@ci.southlake.tx.us
1400 Main St., Ste. 270, Southlake, TX 76092 1 www.cityofsouthlake.com
Wed, Dec 4, 2019 at 10:31 AM
Confidentiality Notice: This e-mail message, including any attachments is for the sole use of the intended
recipient(s) and may contain confidential and privileged information. Any receipt and/or response to this email may
be considered a PUBLIC RECORD. If you have received this email in error, please notify the sender immediately.
Any unauthorized review, use, disclosure, or distribution is prohibited.
From: G. Scott Guiler
Sent: Tuesday, December 03, 2019 5:07 PM
To: mayorandcitycouncil@ci.south[ake.tx.us
Subject: ZA19-0070 and ZA19-0071
I am unable to attend tonight's meeting, but have the following concerns:
(1) Original plan was for a 24' wide road. I believe that the amount of traffic that will be using that road as a result of
the Canopy development plus the need for access by trash trucks, fire trucks, etc. warrants the necessity of keeping
the road at a minimum of 24'. Please do not allow them to build only a 19' wide road.
(2) Mr. Maykus has said that he would be erecting an 8' high privacy fence with appropriate landscaping on both the
north and south sides of the road. Please insist that that this gets done.
https:/Imail.google.com/mail/u/0?ik=l 78f934086$view=pt&search=all&permthid=thread-f%3A1652007486306436280%7Cmsg-f%3A16520074863064... 112
Case No. Attachment D
ZA19-0071 Page 2
12/4/2019 Ci.southlake.tx.us Mail -Re: Email received last night for ZA19-0070 and ZA19-0071
(3) Mr. Maykus has assured me, the owner of 405 Shady Lane (my property is adjacent to the proposed access road),
that I would be given a sewer tap for my property. I want to be sure that I do receive that tap.
(4) Regarding ponds to be built: The Canopy is to have 2 retention ponds with a fountain in each, but what was
proposed for the commercial development (NE corner of 114 & Shady Lane), was merely a detention pond. We find
this a dangerous proposal as it will place a breeding ground for mosquitoes (and the diseases they carry) right beside
our property. Please be sure that each pond built in either project is a retention pond with a fountain.
(5) 1 would like to see all commercial buildings limited to 7,000 square feet.
(6) There will be a great deal more runoff into the Shady Lane drainage system. Please be sure that they install drain
pipe with a minimum diameter of 24" all along Shady Lane.
I appreciate your attention to these issues.
Sincerely,
G. Scott Guiler
Kenneth M. Baker, AICP
Senior Director of Planning and Development Services
City of Southlake
1400 Main Street - Suite 310
Southlake, TX 76092
817-748-8067
https://mail.google.com/mail/u/0?i k=178f934086&view=pt&search=a I I& p e rmth id=thread-f%3Al 652007486306436280%7C msg-f%3A 16520074863064... 2/2
Case No. Attachment D
ZA19-0071 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-675
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 2A02, SAMUEL FREEMAN SURVEY,
ABSTRACT NO. 525, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 8.22 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", 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. Attachment E
ZA19-0071 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 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
Case No. Attachment E
ZA19-0071 Page 2
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 be altered,
changed and amended as shown and described below:
Case No. Attachment E
ZA19-0071 Page 3
Being described as Tract 2A02, Samuel Freeman Survey, Abstract No. 525,
Southlake, Tarrant County, Texas, being approximately 8.22 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 conditions of approval
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
Case No. Attachment E
ZA19-0071 Page 4
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, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
Case No. Attachment E
ZA19-0071 Page 5
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 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.
Case No. Attachment E
ZA19-0071 Page 6
PASSED AND APPROVED on the 1St reading the day of , 2019.
MAYOR
/_1191.39
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
day of , 2019.
Case No. Attachment E
ZA19-0071 Page 7
EXHIBIT "A"
Being described as Tract 2A02, Samuel Freeman Survey, Abstract No. 525, Southlake, Tarrant
County, Texas, being approximately 8.22 acres, and more fully and completely described
below:
Reserved for metes and bounds description
Case No. Attachment E
ZA19-0071 Page 8
Reserved for approved Concept Plan
Case No. Attachment E
ZA19-0071 Page 9