480-765 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-765
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
Ordinance No. 480-765 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
Ordinance No. 480-765 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:
Ordinance No. 480-765 Page 3
Being described as Tract 2A02, Samuel Freeman Survey, Abstract No. 525,
Southiake, 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:
City Council motion for approval at 2nd Reading on January 7, 2020:
Approved at 2nd Reading (6-0) subject to the Staff subject to the Staff Report dated
December 31, 2019, and Concept Plan Review Summary No. 3, dated December
30, 2019, granting the following variances:
- Tree Preservation Ordinance No. 585-E. The required canopy to be preserved is
70%, based on the existing 14.43% existing tree cover and approximately 65.72%
of the tree cover to be preserved as shown on the tree conservation plan.
- Subdivision Ordinance No. 483, as amended, Section 5.04 which prohibits private
streets in new subdivisions in which less than 75% of the lots contain homeowner
occupied structures. Allowing a private driveway/street internal to the development
with a 31' wide back of curb to back of curb paving section in a 50' common access
and drainage utility easement as shown on the concept plan. Noting that the private
driveway/street internal to the subdivision shall be dedicated to and maintained by
the HOA. Also noting that the off-site portion of the access driveway to the west shall
be re-constructed to include a nineteen (19) foot wide paving section to meet the Fire
Marshal's requirements within the existing and proposed 30' ingress/egress/access
easement. Also noting that this proposed 30' easement will be maintained by the
HOA.
- 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
as shown on the concept plan. - 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 on the concept plan.
Also noting:
- Per fence exhibit C, a 6' iron fence will be installed along the north part of the access
easement adjacent to the property addressed a 413 Shady Lane as represented on
the concept plan. An 8' cedar fence with a cap, stained on both sides and with metal
post will be installed along the north part of the access easement adjacent to the
property addressed a 405 Shady Lane as represented on the concept plan. The
fence will be installed in a manner that preserves adequate site distance at the Shady
Lane/access easement intersection and is consistent with the requirements of the
subdivision ordinance for the site triangle as determined by the City Engineer.
- Providing an option with respect to the north portion of the access easement to
allow the applicant and the property owner to decide upon iron fencing or cedar
fencing along that portion.
Concept Plan Review Summary No. 3, dated December 30, 2019:
Ordinance No. 480-765 Page 4
Planning Review
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.
1. 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
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:
1. 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.
Ordinance No. 480-765 Page 5
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
TREE CONSERVATION COMMENTS:
1. 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
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.
Ordinance No. 480-765 Page 6
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of existing
tree cover at the time the first such permit was issued shall be used to calculate the minimum
existing tree cover that must be preserved under this section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
0% —20% 70%
20.1 —40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
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.
Public Works/Engineering Review
GENERAL COMMENTS:
1. 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:
1. 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
GENERAL COMMENTS:
No comments based on submitted information.
Ordinance No. 480-765 Page 7
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.
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
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.
Ordinance No. 480-765 Page 8
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
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
Ordinance No. 480-765 Page 9
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
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.
Ordinance No. 480-765 Page 10
PASSED AND APPROVED on the 1st reading e 3rd day of December, 2019.
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PASSED AND APPROVED on the 2nd reading he 7th day of January, 2020.
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APPROVED AS TO FORM AND LEGALITY:
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Ordinance No. 480-765 Page 11
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:
METES AND BOUNDS DESCRIPTION
8.221 ACRES
IN THE S.FREEMAN SURVEY.A-525
CITY OF SOUTHLAKE,TARRANT COUNTY,TEXAS
All that certain 8.221 acres of land.which is Tract I (called 8.237 aces).described in the deed to
100 East Midway. LLC.. recorded in Document Number D2 1 630390 1 in the Public Records of
Denton County. Texas (P.R.D.C.T.). in the S. Freeman Survey. A-525. City of Southlake.
Denton County.Texas. and more particularly described by the metes and hounds as follows: (all
bearings shown hereon are based on the Texas State Plane Coordinate System. North Central
Zone)
COMMENCING at a I/2" iron rod with a cap stamped "LANDES ASSOC." found for the
southeast corner of Lot 7. Block I, Morrison Office Park. recorded in Document Number
D209037494 P.R.D.C.T.. in the north right-of-way line of State Highway 114 (Variable Width
Right-Of-Way). Then North 00 06' 01" East — 47$.32 to a 1/2" iron rod with a cap stamped
"LANDES ASSOC." found for the POINT OF BEGINNING and southeast corner of the herein
described tract. common to the northeast corner of said Lot 7. Block I. Morrison Office Park. in
the west line of Block 2. Austin Oaks Addition, recorded in Document Number D190073622
P.R.D.C.T.:
THENCE South 89 09' 04"West—740.14' to a 1/2" iron rod found for a point for corner of the
herein described tract. common to a point in the north line of Lot IRI. Block I. Bonola Family
Addition.recorded in Document Number D205023.410 P.R.D.C.T.:
THENCE South 89` 06' 58" West — 155.36' to the southwest corner of the herein described
tract. common to the southeast corner of the tract of land described in the deed to Carol Ann
Lance. recorded in Document Number D 19220602() P.R.D.C.T.. which is the southeast corner of
Tract II —Easement Estate in said deed to 100 East Midway. LLC'.. and in the north line of Lot
I R2.of said Block 1. Bonola Family Addition:
THENCE alongthe east line of said Carol Ann Lance tract the following bearings and distances:
North 04" 34' 42"West—51.31' to a point for corner of the herein described tract:
North 20' 39' 42"West— 124.78' to a point for corner of the herein described tract:
North 15 ' 19' 03"West—64.32' to a point for corner of the herein described tract:
North 02 39' 01"West—91.22' to a point for corner of the herein described tract:
North 09" 15' 57" East — 38.74' to a PK Nail found for the western most northwest
corner of the herein described tract, common to the southwest corner of the 4.00 acre
tract. described in the deed to Robert A. & Michel V. Fusella, recorded in Document
number D193124745 P.R.D.C.T.:
THENCE South 89' 55' 50" East—425.97' to a 5/8" iron rod with a cap stamped "HANCOCK"
found for a point for corner of the herein described tract.common to the southeast corner of the
said 4.(X)acre tract:
Ordinance No. 480-765 Page 12
THENCE North 00'" 07' 55" East—51.64' along the east line of the said 4.00 acre tract. to a 5/8"
iron rod with a cap stamped "HANCOCK"' found for the northern most northwest corner of the
herein described tract. common to the southwest corner of a 4.274 acre tract. described in the
deed to Robert A. & Michel V. Fusella. recorded in Document Number D2193124747
P.R.D.C'.T.:
THENCE South 89'. 55' 50" East—533.10' to the northeast comer of the herein described tract.
common to the southeast corner of the said 4.274 acre tract. in the west line of said Block 2.
Austin Oaks Addition:
THENCE South 00` 06' 01" West — 396.41' (called 398.44') to the POINT OF BEGINNING
and containing 8.221 acres of land.
Ordinance No. 480-765 Page 13
Drainage, Access &Open Space Easement
Management Plan
for a 8.22 acre parcel, off Shady Lane
to be known as"The Canopy"
Southlake, Texas
Zoning Case #: ZA19-0071
Prepared by Sage Group, Inc.
November 27, 2019
Open Space Management Plan:
The drainage, access and open space easement areas within the development,
including the 19'entry drive and easement area within the 30'off-site access
easement from Shady Lane, shall be maintained by a Homeowners Association
(HOA), to be established for the development. All other areas shall be the
responsibility of the individual property owners, including the front yards and
required streetscape trees of the residential lots. All property owners shall be
required to be a member of the HOA. Dues assessments, required for the
maintenance of the landscape easement areas and other HOA activities, shall be
mandatory.
The HOA, through a resident Board of Directors, shall be responsible for the
maintenance and operation of the protected open space within the development,
either directly or through a third-party management company. No full-time
employees are contemplated to be necessary. The expenses required to maintain
the walls and landscape areas at a quality level shall be estimated annually by the
HOA Board, and dues shall be determined and assessed on each property owner in
an equitable fashion at such a rate as necessary to maintain such a level of quality.
Authority to enforce these requirements, and to place a lien on the property if such
dues are not paid, shall be in the form of written Deed Restrictions and Covenants,
agreed to by all property owners in the HOA at purchase, and shall run with the
land.
Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the
unlikely event the HOA fails to maintain all or a portion of the protected open space
in reasonable order and condition, the City of Southlake may, but is not required to,
assume responsibility for its maintenance and take corrective action, including the
provision of extended maintenance. The costs of such maintenance may be
charged to the HOA or individual property owners that make up the HOA, and may
include administrative costs and penalties which shall become a lien on all property
in the development.
Ordinance No. 480-765 Page 17
The Canopy
ZA 19-0071
Requested Variances
The following variances are requested within The Canopy Concept Plan:
1. Variance to the Subdivision Ordinance No. 483, as amended, Section 5.04
to allow a private driveway internal to the development with a standard city
street section of 31' paving in a 50' access easement, which 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. Variance to the Subdivision Ordinance No. 483, as amended, Section
8.01.D to allow side lot lines to not be perpendicular to the right-of-way or
radial in the case of a cul-de-sac or curvilinear design.
3. Variance to the Subdivision Ordinance No.483,as amended,Section 5.03.1
to allow a cul-de-sac to exceed 1,000 feet.
4. Variance to the Tree Preservation Ordinance No. 585-E, requiring
preservation of 70%of existing tree cover,to allow 65%preservation.
Ordinance No. 480-765 Page 18
EXHIBIT "B"
Concept Plan dated December 12, 2019
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Lots
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13•715 sf. I I 11.H3 s1. I R1 - '.
V
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Site Data Summary Chart
Existing Existing Proposed Number of Number of Gross Net
Zoning Land use Zoning Residential Access/Utility Acreage Acreage
Lots Easement (less Lot IX)
Lots
SF1-A &AG Low Density SF1-A 7 1 8.22 7.002
Residential
NOTE:
THE NEW 6' HT. AND 8' HT. CEDAR FENCE WILL HAVE METAL POSTS AND A CEDAR
CAP. THE SMOOTH SIDE OF THE FENCE WILL FACE TO NORTH.
THERE WILL BE A 12; WIDE GATE WITH LOCATION TO BE DETERMINED (ALONG THE
8' HT WOOD FENCE)
THIS WOOD FENCE WILL BE "BOXED OUT" AT 2 LOCATIONS TO PROTECT THE
EXISTING TREES TO REMAIN.
Ordinance No. 480-765 Page 14
Fence Exhibit 'C'
�B
CanopyTue Case #ZA19-0071
FENCE EXHIBIT C
10' X 40' VISIBILITY TRIANGLE
6' IRON FENCE - 32 L.F.
8' CEDAR FENCE WITH CAP,
1 18• WITH METALS POSTS;
� 7t' STAIN BOTH SIDES - SMOOTH
`"'? 7 SIDE FACING NORTH
1 12' GATE - LOCATION TBD
08.18' ill
111 I 1...,_32,_____J ,7,-611141,
2' RCP
9r I)
807.1411111 _
I
V) ft' 144'
1
cl0 Retention
I
Pond
1 17,000 s.f.. 1_
, ..
: X ,
Y .
'
Ordinance No. 480-765 Page 15
Tree Conservation Plan dated November 25, 2019
'.. \ i
r.—+.d....<s.. Lot3 i ' Ldp
Lot 1
.us�si. 5
• ._RI , 1
1'
-
Am.W
s
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•Lot? I.� Aa7 y.�
wa POOesl
Tree Canopy Coverage
Total site area 385,063 s.f.
Total existing canopy 42,723 s.f. --> 11.10%
Preserved tree canopy (green) 28,075 s.f. --> 65.72%
Marginal tree canopy (yellow) 9,952 s.f. --> 23.29%
Removed tree canopy (red) 4,696 s.f. --> 10.99%
42,723 s.f. --> 100.00%
Total Less Trees Net Tree
Trees Trees R.O.W of R.O.W. cyo
Saved Trees ( '. 91 - 91 72.22
Borderline Trees 8 - 8 6.35
Trees to be Altered 27 - 27 21.43
126 0 126 100.00
Ordinance No. 480-765 Page 16