480-768CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-768
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 5A1, F. THROOP SURVEY ABSTRACT
NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING APPROXIMATELY 4.529 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SFAA" SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED
SITE 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
District under the City's Comprehensive Zoning Ordinance; and,
Ordinance No. 480-768 Page 1
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 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
Ordinance No. 480-768 Page 2
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:
Being described as Tract 5A1, F. Throop Survey, City of Southlake, Tarrant
County, Texas being approximately 4.529 acres, and more fully and completely
described in Exhibit "A" from "AG" Agricultural District to "SF -1A" Single Family
Residential District as depicted on the approved Concept Plan attached hereto
Ordinance No. 480-768 Page 3
and incorporated herein as Exhibit "B", and subject to the following conditions:
City Council motion for approval on June 2, 2020:
June 2, 2020; Approved (7-0), 2nd Reading, subject to the Staff Report dated May
26, 2020 and Concept Plan Review Summary No. 2 dated May 1, 2020; noting we
are approving the concept plan presented this evening with 4 single family
residential lots on 4.5 acres and noting the wrought iron fences for the front yards
along on N. Carroll Avenue and E. Dove Road shall not be setback less than 10 -
feet from the property line.
Concept Plan Review Summary No. 2, dated May 1, 2020
Planning Review
An appropriate plat (Plat Showing or Preliminary Plat and Final Plat) that complies to
the underlying zoning must be processed and recorded with the County prior to the
conveyance of any lots or the issuance of any building permits. A Plat Showing must
be approved by the City Council following a recommendation by the Planning and
Zoning Commission prior to the execution of a developer's agreement and
commencement of any site work.
2. Show, label, and dimension the width of the rights of way for N. Carroll Ave. and E.
Dove Rd. Both streets are shown as 88 -foot wide arterials on the Master
Thoroughfare Plan. Show and label the centerlines of N. Carroll Ave. and E. Dove
Rd. and dimension from property corners to the centerlines and full width across
rights of way. Along E. Dove Rd. and North Carroll Ave., a minimum 44 ft. right of
way dedication from the centerline of the road is required south of the road centerline.
On E. Dove Rd., show and dimension a minimum 44' right of way dedication along
Lot 4 west to the point of tangent. Right of way dedication may be required. See
adjacent plats for Lakes on Dove and Winfield Estates.
Note: Applicant has requested to defer the verification of the R.O.W. for both
N. Carroll Avenue and E. Dove Road to the platting. Right-of-way dedication is
required per the Thoroughfare Plan. Any lot that may become deficient if the
proposed lots do not meet the "SFAV size may require a reduction in the
number of lots.
3. All driveways/points of ingress/egress must comply with the Driveway Ordinance No.
634, as amended). The following changes are needed:
a. Dimension and label the distances to the roundabout intersection. The minimum
distance required from the roundabout is 150' measured from the tips of the
medians to the centerlines of the proposed residential driveways on N. Carroll
and E. Dove.
b. Label the distances to the nearest existing off-site driveway centerlines in both
directions of the site.
c. Label the existing driveways across adjoining rights-of-way type of pavement.
Ordinance No. 480-768 Page 4
4. Label the width of the existing multi -use trail along N. Carroll Ave.
5. Provide a preliminary Utility Plan showing adjacent public utilities and proposed
connections.
Note: Sanitary sewer connections should be provided by the developer to the
existing sanitary sewer line along N. Carroll Avenue.
6. Show, label and dimension the width of any easements on or adjacent to the site, if
any.
Informational Comments Only:
• For the required plat showing, note the utility easements where necessary for
the future sewer lines to connect to the existing sewer line on N. Carroll Avenue.
• Zoning Ordinance No. 480, as amended, Section 39 -Screening and Fencing for
standards. There are special requirements for fencing along arterials, which
includes N. Carroll Ave. and E. Dove Rd., per Section 39.5.c.4. if fencing is
constructed on any of the lots with the development or in the future.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin(aD-ci.south lake.tx.us
TREE CONSERVATION COMMENTS:
A Tree Conservation Plan conforming to the Tree Conservation Analysis will be
required with the submittal of a Preliminary Plat or Final Plat.
The Tree Conservation Analysis meets the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance. The existing tree cover
preservation is broken down per lot which also comply with the Existing Tree Cover
Preservation requirements. There is 63.8% of existing tree cover across the site, and
a minimum of 40% of the existing tree cover is required to be preserved. A total of 65%
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.
Ordinance No. 480-768 Page 5
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*
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.
LANDSCAPE COMMENTS:
For the landscape requirements, the development will require a 10 -foot wide
landscape bufferyard on both the N. Carroll Avenue and E. Dove Road. The
applicant has provided the 10 -foot bufferyard on the Concept Plan. The bufferyard
will require 2 canopy trees, 3 accent trees, and 10 shrubs per 100 -feet on each lot's
street frontage.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Steve Anderson, P.E., CFM
Deputy Civil Engineer
Phone: (817) 748-8101
E-mail: sanderson(_ci.south lake. tx.us
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review
of civil construction plans.
2. Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include
all required elements in Part III, Section F of the permit. The City of Southlake
especially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of
a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System.
Ordinance No. 480-768 Page 6
It is highly recommended the project manager provide a series of maps for complex
projects, including one map showing controls during mass grading and infrastructure,
one map showing controls during vertical construction, and one map showing final
stabilization (may be but not always equitable to the landscape plan). Please include
timelines in relation to the project activities for installation and removal of controls.
SWPPP shall be submitted by second review of the civil construction plans.
3. Submit with Civil Construction Plans a Retaining Wall Layout sheet.
4. Retaining walls greater than 4 -feet including the footing shall require structural plans
prepared by a registered engineer in the State of Texas. Retaining walls shall require
a permit from the Building Inspections Department prior to construction.
5. Provide preliminary water, sewer, drainage and grading plans for this development.
6. Show proposed sidewalks on the plans.
7. Sidewalks shall be required to be constructed with each dwelling.
Sidewalk widths shall conform to the Southlake Pathways Plan.
Use the City of Southlake GPS monuments whenever possible. Monument locations
can be found in the City of Southlake website:
http://www.citvofsouthlake.com/index.aspx?N[D=266
EASEMENTS:
Provide all necessary easements for water, sanitary sewer and drainage. Easements shall
be 15' minimum and located on one lot — not centered on the property line. A 20'
easement is required if both storm sewer and sanitary sewer will be located within the
easement.
Detention ponds shall be dedicated by plat as drainage easements. The following note
shall be added to the plat: Compliance with the provisions of the city's Storm Drainage
Policy does not relieve a person of the responsibility of complying with all other
applicable laws, including, but not limited to, Section 11.086, Texas Water Code.
Water and sanitary sewer cannot cross property lines without being in an easement
or right of way. All waterlines, sanitary sewer and storm sewer in easements or right
of ways must be constructed to City standards.
SANITARY SEWER COMMENTS:
1. Minimum size for sanitary sewer is 8". Sanitary sewer service lines shall connect to
public sanitary sewer system built to City standards.
2. Clearly label all public and private sanitary sewer lines.
3. Sanitary sewer to lot 4 is suggested and desired by the City.
4. Extend sanitary sewer to the eastern property line and provide sewer stub to adjacent
property.
5. Add a note: Private sanitary sewer services need a plumbing permit and must be
Ordinance No. 480-768 Page 7
inspected by building inspections prior to burial.
Sanitary sewer in easements or right of way shall be constructed to City standards.
DRAINAGE COMMENTS:
1. Differences between pre- and post- development runoff shall be captured in detention
pond(s). Proposed detention ponds shall control the discharge of the 2, 10 and 100 -
year storm events. Detention may be required with any new proposed building
construction. Describe how increased runoff from site is being detained. Access
easements are needed for maintenance of detention ponds.
2. Documentation supporting and certifying that detention is not necessary will be
required prior to approval of construction plans.
Over 102" RCP — 3.5 times diameter
3. The drainage inlet is called as 5'x5' on the roundabout plan. The size needs to be
verified..
4. Stormwater discharge on the roundabout plans show the inlet receiving 37.7 cfs and
these plans show it receiving 39.9 cfs. Storm needs to be verified.
Calculations will be required to verify capacity of proposed inlets.
Discharge of post development runoff must have no adverse impact on 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
Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which
outlines pre -construction, construction and post -construction erosion control
measures.
A right of way permit shall be obtained from the Public Works Operations Department
(817) 748-8082 to connect to the City's sewer, water or storm sewer system.
A Developer Agreement may be required for this development and may need to be
approved by the City Council prior to any construction of public infrastructure.
Construction plans for these improvements must be acceptable to Public Works prior
to placing the Developer's Agreement on the City Council agenda for consideration.
Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Ordinance No. 480-768 Page 8
Fire Department Review
Kelly Clements
Fire Marshal
Phone: (817) 748-8223
E-mail: kclementsca-)ci. south lake. tx. us
GENERAL COMMENTS:
No comments based on submitted information.
Public Works Traffic Division
Stephanie Taylor
Transportation Manager
Phone: 817-748-8216
Email: staylor(cD-ci.south lake. tx.us
The City is in receipt of the Traffic Impact Analysis (TIA) Threshold Worksheet and
agrees that a TIA is not required for the development as proposed.
2. Per the City's Pathways Master Plan, a sidewalk with a minimum width of 5' shall be
included on the south side of E. Dove Rd. The path should widen to 8' near the
roundabout as it does on the north side of the roadway. All proposed driveways must
be graded to not exceed a 2% decline for the full width of the existing trail on N.
Carroll Ave and the new sidewalk on E. Dove Rd.
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 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.
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.
Denotes Informational Comment
Ordinance No. 480-768 Page 9
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
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,
Ordinance No. 480-768 Page 10
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.
6-4X01MkIE:)
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,
Ordinance No. 480-768 Page 11
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 19th day of May 2020.
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PASSED AND APPROVED on the 2nd reading the 2nd day of June 2020.
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Ordinance No. 480-768 Page 12
APPROVED AS TO FORM AND LEGALITY:
FTIVEMOUNWA
DATE: V iD
ADOPTED:
EFFECTIVE:
Ordinance No. 480-768 Page 13
EXHIBIT "A"
On property described as Tract 5A1, F. Throop Survey Abstract No. 1511, City of Southlake, Tarrant
County, Texas:
STATE OF TEXAS
COUNTY OF TARRANT
BEING that certain 4. 529 acre tract of land situated in the
Francis Throop Survey, Abstract Number 1511, City of Southlake,
Tarrant County, Texas, as described in deed to Gazim Idoski
as recorded in Instrument No. D219279828 of the Deed Records of
Tarrant County, Texas, (D. R. T. C. T.) land being more particularly
described as follows:
BEGINNING at a 5/8" iron rod found with a cap in the east
right-of-way line of Carroll Avenue at the southwest corner
of said Idoski tract and being by plat call the northwest corner
of Lot 25, F Throop No. 1511 Addition, an addition to the City
of Southlake, Tarrant County, Texas as recorded in Cabinet A,
Slide 12099 of the Plat Records of Tarrant County, Texas
(P.R.T.C.T.);
THENCE North 00°08'54" East along the east right-of-way line of
said Carroll Avenue a distance of 468.01 feet to a 5/8" iron
rod found at the southeast corner of intersection of said
Carroll Avenue and East Dove Road;
THENCE North 89°42' 36" East along the south right-of-way line of
said East Dove Road a distance of 421.64 feet to a 1/2" iron
rod found with a cap and said point being in deed called the
northwest corner of that certain tract of land as described
in deed to Scott Parr as recorded in Instrument No.
D212081823. D. R. T. C. T.;
THENCE South 00'09'54" West leaving said right-of-way and along the
west line of said Parr tract a distance of 467.99 feet to
a 1/2" iron rod found at the southwest corner of said Parr
tract and being by plat call on the north line of Lot 27,
Block B, Triple C Ranch, Phase I as recorded in Cabinet A,
Slide 7971, P.R.T.C.T.;
THENCE South 89°42'29" West along the north line of said Lot 27
and passing a 3/8" iron rod found at 239.01 feet being the
northwest corner of said Lot 27 and the northeast corner of
said Lot 25 and continuing in all a distance of 421.51 feet
to the Point of Beginning and containing in all 197,292
square feet or 4. 529 acres of land.
Ordinance No. 480-768 Page 1
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Lots 59-62
F_ Throop No_ 1151 Addldon
Southleke, Tarrant County, Texas
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Ordinance No. 480-768 Page 2
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