Item 6 - Staff ReportCase No.
ZA20-0049
S T A F F R E P O R T October 2, 2020 CASE NO: ZA20-0049
PROJECT: Zoning Change and Development Plan for The Conservation EXECUTIVE SUMMARY: On behalf of Marylyn Miles and Errol & Leslie Housman, Rockwater Developments is requesting approval of a Zoning Change and Development Plan for The
Conservation on property described as Lot 10, Block 2, Harbor Oaks Subdivision, and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Texas and addressed as 2970 Burney Lane and 3185 Southlake Park Dr., Southlake, Texas.
SPIN Neighborhood #2. DETAILS: The purpose of this request is to seek a recommendation of approval from the
Planning & Zoning Commission for the development of 8 residential lots on approximately 13.1 acres. The applicant is requesting to rezone one existing “SF-1A” lot and one tract zoned “AG” Agricultural District, totaling approximately 13.1 acres. The Housmans’ 2-acre lot (Lot 10, Block 2) has access onto Burney Lane and is currently zoned “SF-1A” Single-Family Residential District and is a platted lot within the existing Harbor Oaks residential subdivision. The remaining acreage of
this request belongs to the Miles and is zoned “AG” Agricultural District. Both properties are proposed to be rezoned to an 8-lot residential planned unit development called “The Conservation.” Rather than a typical public street having
a 50’ right-of-way, 31’ wide curb and gutter street, access to the lots will be provided through a 40’ wide access easement with a 25’ wide curbed concrete street extending from Burney Lane, across the existing platted lot in Harbor Oaks
(Lot 10, Block 2). The access easement and street are proposed to be non-gated, open to public traffic, but privately maintained by the owner’s association.
Site Data Summary
Existing Zoning “AG” and “SF-1A” Proposed Zoning “R-PUD”
Land Use Designation Low Density Residential
Gross/Net Acreage 13.1 gross / 12.03 net
Dwelling Units/Residential Lots 8
Gross Density 0.61 du/ac.
Net Density 0.665 du/ac.
Open Space % 11.1% (open space, pedestrian access & wildlife easement)
Lot Area Range (net roadway access
easement and area above 572’) 44,282 SF to 66,127 SF
Average Lot Area (net roadway access
easement and area above 572’)
1.5 ac. (65,503 sf)
Case No.
ZA20-0049
The development regulations are based on the “SF-1A” Single-Family
Residential District regulations with the following exceptions:
Regulation SF-1A District PUD Regulation
Minimum Floor Area 2,000 SF 4,000 SF
Fire Suppression Required on structures > 5,000 SF Required on all newly constructed homes
MODIFICATIONS REQUESTED: 1. Zoning Ordinance No. 480, Section 30 – Planned Unit Development District
requires that common open space shall comprise not less than ten (10) percent of the gross site area within a R-PUD. The applicant has written in a development regulation to not provide a separate common open space lot,
consistent with the standard SF-1A development regulations. That said, the site as currently proposed contains approximately 11.1% of area in the Open Space, Pedestrian Access & Wildlife Easement. The applicant has also
included language in the proposed development regulations that no construction or living tree removal shall be allowed in this easement.
2. Subdivision Ordinance No. 483, Section 5.06 Sidewalks - requires that any new development provide for the location and construction of sidewalks. The
applicant has written in a development regulation to not provide any sidewalks. 3. Subdivision Ordinance No. 483, Section 8.01 Lotting Requirements - states that “Every lot shall abut on a public street or a private street.” Additionally, Section 5.04 requires new subdivisions to have “public streets”. The minimum public street standard requires a 50’ wide right-of-way with a 31’ wide curb and gutter
street. The regulations propose a 25’ B-B pavement section with standard 6” curb, in a 40’ Access Easement shall be provided along the frontage of the residential lots. The cul-de-sac shall have a 100’ B-B outside diameter of
paving, in a one hundred ten (110’) foot diameter easement (non- gated, open
to the public and maintained by the owner’s association). ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Recommending Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. 2, dated October 2, 2020
(D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-773
Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Narrative and Regulations
Link to Plans Link to Corridor Planning Committee Report Link to SPIN meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Jerod Potts (817) 748-8195
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BACKGROUND INFORMATION
OWNER: Marylyn Miles and Errol & Leslie Housmans APPLICANT: Rockwater Developments PROPERTY SITUATION: 2970 Burney Lane and 3185 Southlake Park Dr.
LEGAL DESCRIPTION: Lot 10, Block 2, Harbor Oaks Subdivision, and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Texas and addressed as 2970
Burney Lane and 3185 Southlake Park Dr., Southlake, Texas.
LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single-Family Residential District
PROPOSED ZONING: “R-PUD” Residential Planned Unit Development District HISTORY: 3185 Southlake Park Dr. There is no development history on this parcel. It is currently an undeveloped tract within the R.D. Price Survey.
2970 Burney Lane Lot 10, Block 2 is a platted lot within the Harbor Oaks Subdivision. In
1974 (ZA74-004) this property was rezoned from “AG” to “PUD” and then in 1980 (ZA79-049) the property was rezoned from “PUD” to “A-3” City Council approved the current “SF-1A” zoning from “A-3” for the
subdivision with approval of Comprehensive Zoning Ordinance No. 480 on September 19, 1989. There are 49 total lots within the Harbor Oaks subdivision. Previous zoning change application requests on these properties
• Bella Lago (ZA05-127 & ZA05-128) o February 21, 2006; City Council denied (7-0) a zoning change request (ZA05-127) for proposed Bella Lago subdivision. o April 18, 2006; City Council denied the preliminary plat for proposed Bella Lago subdivision (ZA05-128) on the consent agenda. The proposal that was denied was for 8
new buildable lots with 1 existing residential lot, for a total of 9 lots in the subdivision.
• Lake Forest (ZA07-133 & ZA07-134 and ZA08-017, ZA08-018, ZA08-019) o May 20, 2008; City Council denied a zoning change and
development plan (ZA07-133) and a preliminary plat (ZA07-134) for Lake Forest, which at the time of denial was a proposed subdivision with five (5) residential lots
located at 3185 Southlake Park Dr. o May 20, 2008; The applicant withdrew a zoning change and development plan (ZA08-017) and a preliminary plat
(ZA08-019) for Statham/George Addition at 2980 Burney Lane to rezone three (3) existing residential lots to
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provide access to the proposed Lake Forest subdivision
(ZA07-133 & ZA07-134).
o April 20, 2008; The applicant withdrew a zoning change and development plan (ZA08-018) for Housmans/Harbor
Oaks Addition at 2970 Burney Lane. This request featured one (1) existing residential lot and the proposed installation of a public access easement
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Low Density
Residential with a portion of Tract 5 in the R.D. Price survey (3185 Southlake Park Dr.) designated as Floodplain. Purpose: 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 (this definition was updated by passage of Ordinance No. 1186
on February 20, 2018): 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, easement, 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.
Purpose and Definition: The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The “floodplain” is an
expanse of natural vegetation and wildlife, and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance
with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This
designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains.
Mobility & Master Thoroughfare Plan Tract 5 in the R.D. Price survey (Marylyn Miles property) is currently landlocked, with no access to Burney Lane which is the nearest public
street to the proposed subdivision (“The Conservation”). The applicant is proposing to access the proposed subdivision by access easement through existing Lot 10, Block 2, Harbor Oaks subdivision (2970 Burney Lane). The
developer a 25’ B-B pavement section with standard 6” curb, in a 40’ access easement along the frontage of the residential lots. The cul-de-sac shall have a 100’ B-B outside diameter of paving, in a 110’ diameter easement. Pathways Master Plan & Sidewalk Plan
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The applicant is proposing no internal sidewalks with this development, no
is the developer proposing sidewalks along Burney Lane. The Pathways Master Plan does not show any sidewalks in this area. There are, however, existing equestrian / hike trails to the west of the proposed development on
the property owned by the United States Army Corps of Engineers (USACE).
Southlake 2035 Health & Wellness Master Plan
Southlake 2030 Parks, Recreation & Open Space
TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The traffic counts below are provided to help provide additional context to the number of cars in the street in this general part of Southlake. There are not specific counts for Burney Lane, but Carroll Ave. and Lonesome Dove Rd. Traffic Counts* Carroll Ave (67) (Between Dove Rd and Burney Lane)
24hr N Bound (1,559) S Bound (1,714)
AM Peak AM (95) 10:30 - 11:30AM Peak AM (221) 7:15-8:15AM
PM Peak PM (153) 3:30 - 4:30PM Peak PM (160) 6:00-7:00PM
Lonesome Dove Rd (68) (Between Dove Rd and Burney Lane)
24hr N Bound (1,078) S Bound (1,018)
AM Peak AM (60) 11:30 AM – 12:30 PM Peak AM (132) 7:30 – 8:30 AM
PM Peak PM (134) 5:30 – 6:30 PM Peak PM (93) 3:30 – 4:30 PM
* Based on the 2018 City of Southlake Traffic Count Report Traffic Impact
A Traffic Impact Analysis (TIA) was not required for this development.
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Vehicle Trips Per Day
Use # Lots Vtpd* AM-IN AM-OUT PM-IN PM-OUT Single-Family Detached Housing (210) 8 76 2 4 5 3
* Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition
TREE PRESERVATION: This site is subject to the City’s Tree Preservation Ordinance No. 585-E.
There is approximately 91% of existing tree cover and a minimum of 30% of the existing tree cover is required to be preserved. 50.86% of the existing tree cover is proposed to be preserved, and 17.07% is proposed to
be removed. 32.07% of existing tree cover located around the house pad areas is proposed to be marginal. UTILITIES: An 8-inch water line exists along the east side of Burney Lane. City sewer is not available to the property. An on-site sewage facility, or
septic system, will be required. DRAINAGE: Existing Conditions: The existing site is densely vegetated. The drainage
flow in existing conditions flows in the northwesterly direction toward Grapevine Lake. A portion of the proposed Lot 2 is located within the flood
plain. The property is also encumbered by a flowage easement along the western boundary. The flowage easement, defined by the 572-foot contour, prevents the construction of inhabited structures, the placement of
fill material and/or placing or constructing structures without prior authorization.
Proposed Conditions: The proposed conditions will include a paved roadway and seven graded pad sites. Storm runoff will be captured in a serious of private onsite curb inlets, storm drain pipe and culverts. Two
curb inlets will capture the runoff from the roadway and will connect to a 24-inch culvert that outlets into the existing earthen channel. Two culverts are proposed that allow drainage flow to follow the existing path from the
east to the west of the proposed roadway. The culverts will outlet into the existing earthen channels and eventually outlet into Grapevine Lake. The proposed lots will mostly follow the existing drainage pattern flowing to the
west, with some runoff being captured in the proposed curb inlets and the remainder following the natural course offsite.
CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on September 22, 2020. A link to
the report is provided. Link to SPIN Report A 2035 Corridor Planning Committee meeting was held on August 31,
2020. A link to the report is provided. Link to Corridor Planning Committee Report STAFF COMMENTS: Attached is Review Summary No. 2, dated October 2, 2020. The staff comments below are also included in Summary No. 2
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Case No. Attachment C
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DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA20-0049 Review No.: Two Date of Review: 10/02/20
Project Name: Zoning Change and Development Plan – The Conservation (FKA Burney Estates)
APPLICANT: OWNER(S): Rockwater Developments Marylyn Myles (972) 201-5108
Jody Boyd Errol & Leslie Housmans (214) 876-1738 PO Box 6, Roanoke, Texas Myles: 1120 Southlake Dr., DeSoto, Texas, 75115
Housmans: 2970 Burney Lane, Southlake, Texas, 76092
Phone: (214) 727-1110 Email: milesmarylyn@yahoo.com
Email: jr2736@yahoo.com Email: errol@ameristarusa.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/21/20 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 JEROD POTTS AT (817) 748-8195. Planning Review
Jerod Potts Policy & Strategic Initiative Principal Planner
Phone: (817) 748-8195 Email: jpotts@ci.southlake.tx.us
1. If this Zoning Change and Development Plan request is approved (ZA20-0049), the access
easement shown on the development plan from Burney Lane across Lot 10, Block 2 in the Harbor Oaks Subdivision must be executed and filed of record before filing of a final plat application on the other lots in The Conservation subdivision (shown on the development plan as lots 1 – 7).
2. Since City sewer is not available to the site, submit a site suitability analysis prepared by a qualified professional for all residential lots and obtain preliminary approval of septic plans for all
lots, in writing, from Tarrant County Public Health. See Zoning Ordinance No. 480, as amended, Section 33.14 and submit a plan as required. You must demonstrate that all lots meet the one-acre minimum requirement excluding all areas listed. Subdivisions proposing septic systems are
required to dry pipe a sewer system unless otherwise approved by City Council. The applicant has indicated that they are requesting City Council waive the dry pipe installation
requirement. Please include a development regulation into the proposed regulations that specifically mentions this.
* 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. Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us Keith Martin
Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS:
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ZA20-0049 Page 2
1. A Tree Conservation Plan will be required with the submittal of the Preliminary Plat. * The proposed Tree Conservation analysis complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance and with the preservation of tree cover as shown on the Environmental Resource Protection Map. There is 91% of existing tree cover and a minimum of 30% of the existing tree cover is required to be preserved. 50.86% of the
existing tree cover is proposed to be preserved, and 17.07% is proposed to be removed. 32.07% of existing tree cover located around the house pad areas is proposed to be Marginal.
* For standard zoning districts, 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
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. For property sought to be zoned for the Downtown zoning district or a planned development
zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to
maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek;
v. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and
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vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance.
* 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
Sandy Endy, P.E.
Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us
GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of the
civil construction plans. WATER COMMENTS:
* Water meters and fire hydrants shall be located in an easement or right of way.
* Service Line and tap shall be installed per the City Detail. SANITARY SEWER COMMENTS: * Verify that there is adequate area to allow for private septic on each proposed property. DRAINAGE COMMENTS:
1. Please be aware that any encroachment into the flowage easement (elevation 572) shall require written approval from the Reservoir Manager. Please show and label the flowage easement.
2. An increase in runoff onto the Army Corps property will require submittal and approval from them prior to obtaining Civil Construction permits.
* Provide calculations for the proposed culverts and ensure that all culverts are sized appropriately.
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:
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http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental
Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * A geotechnical report will be required for all private and public roadways. The geotechnical report
shall include pavement design parameters for subgrade stabilization. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748-8082 to connect to the City’s sewer, water or storm sewer system. * A Developer Agreement will 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. * Coordination with the Army Corps of Engineering may be required.
*=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals.
Fire Department Review Kelly Clements
Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS: 1. If the indicated street widths are approved, every structure built in this residential subdivision must be protected by an approved automatic fire suppression system.
General Informational Comments
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent of this requirement.
* 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
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ZA20-0049 Page 5
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. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended). * All development must comply with the underlying zoning district regulations.
* With Plat submittal an open space management plan may be required.
* 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
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SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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SPO # Owner Zoning Physical Address Acreage Response 1. U S A AG 7.822 NR
2. DEL VALLE, THOMAS RPUD 3010 BURNEY LN 0.000 NR
3. GALANTI, LIVIO RPUD 3000 BURNEY LN 0.572 NR
4. BRAYTON, LARRY SF1-A 3020 BURNEY LN 0.026 O
5. CURTIS, MARY KATHRYN SF1-A 3580 BURNEY LN 0.128 NR
6. KOHM, DAVID S SF1-A 3595 BURNEY LN 0.000 NR
7. HOFFMAN-HILL, BARBARA K SF1-A 1085 BURNEY LN 0.000 NR
8. OCONNOR, MARY E SF1-A 2965 BURNEY LN 2.018 NR
9. MOLLY GEORGE BROWN TRUST SF1-A 0 BURNEY LN 0.154 NR
10. GEORGE, DAVID W SF1-A 2984 BURNEY LN 1.410 NR
11. GEORGE, DAVID SF1-A 2980 BURNEY LN 1.049 NR
12. HOUSMANS, ERROL V SF1-A 2970 BURNEY LN 0.068 NR
13. MILES, MARYLYN E AG 3185 SOUTHLAKE PARK DR 0.000 NR
14. HAKEMY, SHAIR B SF1-A 1120 HARBOR HAVEN 0.000 NR
15. SMITH, ADAM SF1-A 1110 HARBOR HAVEN 0.000 NR
16. RENDA, VICKI L SF1-A 1100 HARBOR HAVEN 0.000 NR
17. SAUDER, TERRY L SF1-A 1090 HARBOR HAVEN 0.000 NR
18. STAPLES, RANDY G SF1-A 1080 HARBOR HAVEN 0.000 NR
19. CHITWOOD, JOHN SF1-A 1070 HARBOR HAVEN 0.000 O
20. CURRENT OWNER SF1-A 1060 HARBOR HAVEN 0.188 NR
21. FREDRICKS, JACK SF1-A 2960 BURNEY LN 2.031 NR
22. WINN, DARIN SF1-A 2950 BURNEY LN 1.005 NR
23. JOHNSON, GRAHAM SF1-A 2940 BURNEY LN 0.972 O
24. WALSH, DENNIS M SF1-A 1115 HARBOR HAVEN 0.000 O
25. CHOO, SHINSOO SF1-A 1105 HARBOR HAVEN 0.000 NR
26. HA, WONMI SF1-A 1095 HARBOR HAVEN 0.000 NR
27. MITCHELL, MICHAEL O SF1-A 2925 HARBOR REFUGE 0.000 NR
28. HULTIN, ALLAN C SF1-A 1075 HARBOR HAVEN 0.000 NR
29. BARBARA AUYANG REVOCABLE
TRUST SF1-A 1065 HARBOR HAVEN 0.000
NR
30. WILSON THELMA B SURVIVOR'S TRU SF1-A 2930 BURNEY LN 0.949 O
31. ADAMS, BILL M SF1-A 880 HARBOR CT 1.202 NR
32. U S A AG 1.705 NR
33. LEEDY, BRETT SF1-A 2920 HARBOR REFUGE 0.000 NR
34. PETERSON, BETHANY SF1-A 2925 BURNEY LN 0.000 NR
35. STEWART, JOHN D SF1-A 2920 BURNEY LN 0.135 NR
36. ROBERTS, RICHARD SF1-A 1110 HARBOR RETREAT 0.000 NR
37. CLAXTON, MARK SF1-A 1115 HARBOR RETREAT 0.000 NR
38. ROBERTS, RICHARD SF1-A 1100 HARBOR RETREAT 0.000 NR
39. HARRYMAN, SCOTT SF1-A 1105 HARBOR RETREAT 0.000 NR
40. ALI, BARKAT SF1-A 2905 HARBOR REFUGE 0.000 NR
41. WATERLINE TRUST SF1-A 1095 HARBOR RETREAT 0.000 NR
42. STANYER, JOSEPH SF1-A 1100 BURNEY LN 0.000 NR
43. ZIELKE, RODNEY SF1-A 1090 BURNEY LN 0.000 NR
44. ZIELKE, RODNEY SF1-A 1075 HARBOR RETREAT 0.000 NR
45. BURCHETT, LARRY SF1-A 2910 HARBOR REFUGE 0.000 NR
46. WAMBSGANSS, ANDREW SF1-A 2915 BURNEY LN 0.000 NR
47. HAKERT, AMY SF1-A 2910 BURNEY LN 0.000 NR
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SPO # Owner Zoning Physical Address Acreage Response 48. BOYER, LISA VU SF1-A 2900 HARBOR REFUGE 0.000 NR
49. MONRAD, JOHN M SF1-A 2905 BURNEY LN 0.000 NR
50. LAND, KENNETH W SF1-A 2900 BURNEY LN 0.000 NR
51. CAPPS, WILLIAM T SF1-A 2890 HARBOR REFUGE 0.000 NR
52. SCHROEN, HANS H SF1-A 2895 BURNEY LN 0.000 NR
53. WARREN, GEORGIA L SF1-A 900 HARBOR CT 0.000 NR
54. CHANCELLOR, RAYMOND L SF1-A 890 HARBOR CT 0.000 NR
55. PETERSEN, JERRY SF1-A 1064 HARBOR RETREAT 0.000 NR
56. NEWBY, WILLIAM M SF1-A 2885 BURNEY LN 0.000 NR
57. MOORE, MICHAEL H SF1-A 2875 BURNEY LN 0.000 NR
58. COOK, BILLY C SF1-A 895 HARBOR CT 0.000 NR
59. GALIS, JAMES P SF1-A 885 HARBOR CT 0.000 NR
60. LITTLEFIELD, HAYDEN SF1-A 875 HARBOR CT 0.000 NR
61. Superintendent of Carroll ISD
62. Superintendent of Grapevine
Colleyville ISD
63. Superintendent of Northwest ISD
64. Superintendent of Keller ISD
Responses: F: In Favor O: Opposed (5) U: Undecided NR: No Response
Notices Sent: 62 total notices were sent (64 unique physical addresses, but only 62 unique property
owners for each of those properties). Responses Received within 200’: 3
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Ordinance No. 480-773
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 LOT 10, BLOCK 2, HARBOR OAKS SUBDIVISION, AND TRACT 5, REES D. PRICE SURVEY, ABSTRACT NO. 1207, SOUTHLAKE, TEXAS AND ADDRESSED AS 2970 BURNEY LANE AND 3185 SOUTHLAKE PARK DR.,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 13.1 ACRES AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT AND “SF-1A” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, 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
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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 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
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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:
Being described as Lot 10, Block 2, Harbor Oaks Subdivision, and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Texas and addressed as 2970
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Burney Lane and 3185 Southlake Park Dr., City of Southlake, Tarrant County,
Texas, being approximately 13.1 acres and being more particularly described in Exhibit “A” from “AG” Agricultural District and “SF-1A” Single-Family Residential District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions:
RESERVED FOR CITY COUNCIL MOTION SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of 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
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encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
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The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the ## day of XXXXXXXXX, 2020.
_________________________________ MAYOR ATTEST:
_________________________________ CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ## day of XXXXXXXXX, 2020. ________________________________ MAYOR
ATTEST: ________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________ CITY ATTORNEY DATE:___________________________
ADOPTED:_______________________ EFFECTIVE:______________________
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EXHIBIT “A”
Being described as Lot 10, Block 2, Harbor Oaks Subdivision, and Tract 5, Rees D. Price Survey, Abstract No. 1207, Southlake, Texas and addressed as 2970 Burney Lane and 3185 Southlake Park Dr., City of Southlake, Tarrant County, Texas, being approximately 13.1 acres and being more particularly described as follows:
Reserved for Metes and Bounds Description
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EXHIBIT “B”
RESERVED FOR APPROVED DEVELOPMENT PLAN