Item 6DCASE NO: ZA20-0070
SOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
February 25, 2021
PROJECT: Zoning Change and Concept Plan for 1395 E. Dove Rd.
EXECUTIVE
SUMMARY: On behalf of Manish Lilani, P Custom Homes is requesting 2nd Reading
approval of a Zoning Change and Concept Plan for 1395 E. Dove Rd. on
property described as Tract 4A3, Francis Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas, and located at 1395 E. Dove Rd.,
Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested:
Zoning: "SF -30" Single Family Residential District SPIN Neighborhood #3.
DETAILS: The purpose of this request is to seek 2nd Reading approval of a Zoning
Change and Concept Plan to allow construction of a new single-family
residence in conformance with the "SF -30" Single Family Residential Zoning
District. Variances to allow 10' side yard setbacks as shown on the Concept
Plan and a septic system on a lot less than one acre were approved by the
Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-459. The
existing approximately 980 square feet barn on the property is proposed to
remain.
The 2035 Land Use designation on the property is Low Density Residential,
which requires a net density of one or fewer dwelling units per acre. The
applicant is requesting to allow the approximately 34,468 square foot (0.79
acre) lot to be rezoned to SF -30 while retaining the Low Density Residential
Land Use designation since the existing tract is not being further subdivided.
IJI_1 S /_V [a
REQUESTED: Driveway Ordinance No. 634 requires a minimum centerline to centerline
driveway spacing of 100' for residential driveways on arterials. A variance is
requested to allow the existing spacing to the east and west along E. Dove Rd.,
which is approximately 85' to the west and approximately 98' to the east.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd Reading approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 3, dated February 9, 2021
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-778
Link to Presentation
Link to Plans
Case No.
ZA20-0070
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA20-0070
BACKGROUND INFORMATION
OWNER: Manish Lilani
APPLICANT: P Custom Homes
PROPERTY SITUATION: 1395 E. Dove Rd.
LEGAL DESCRIPTION: Tract 4A3, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District.
REQUESTED ZONING: "SF -30" Single Family Residential District
HISTORY: - The property was annexed into the City in 1957.
- The "AG" Agricultural District zoning was placed on the property with
the adoption of Ordinance No. 161 and the Official Zoning Map in 1969.
- The existing home on the property was built in 1960 (Source: TAD).
- Variances to allow 10' side yard setbacks as shown on the Concept
Plan and a septic system on a lot less than one acre were approved by
the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-
459.
- An approximately 980 square foot accessory building was constructed
toward the rear of the property in 2009 (Source: Building Permit).
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is Low Density
Residential. The request to change the zoning to "SF -30" Single Family
Residential District is not consistent with this land use designation, but
the applicant is requesting to allow the rezoning to "SF -30" while
retaining the Low Density Residential designation since the existing tract
is not being further subdivided.
Case No.
ZA20-0070
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: 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 public rights-of-way. Other suitable
activities are those permitted in the Public Parks / Open Space and
Public / Semi -Public categories described previously. The Low Density
Residential category encourages the openness and rural character of
the City of Southlake.
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan shows a future <8' sidewalk along the south
side of E. Dove Rd. and a 5' sidewalk is required to be constructed at
Attachment A
Page 1
the time of new home construction on the property. The previous
variance request has been removed and the required 5' sidewalk is
shown on the plan. The Pathways Master Plan shows an existing and
future >_8' multi -use trail along the N. side of E. Dove Rd.
Master Thoroughfare Plan
The Master Thoroughfare Plan shows E. Dove Rd. as an undivided two-
lane arterial with 88' of right of way to be improved to a four -lane divided
arterial with 88' of right of way when traffic counts warrant.
TREE PRESERVATION: There is approximately 35.8% of existing tree cover on the site and a
minimum of 60% of the existing canopy is required to be preserved.
Approximately 73.7% is proposed to be preserved.
UTILITIES: The property is served by a 12" water line in E. Dove Rd. City sewer is
not available to the property, so an on-site sewage facility (OSSF) will
be used. Variances to allow 10' side yard setbacks as shown on the
Concept Plan and a septic system on a lot less than one acre were
approved by the Zoning Board of Adjustment on May 26, 2005 under
Case No. ZBA-459.
DRAINAGE: Drainage is generally sheet flow from north to south across the property
to a drainage ditch along E. Dove Rd.
CITIZEN INPUT/
BOARD REVIEW: A SPIN meeting was not held for this project.
PLANNING AND ZONING
COMMISSION ACTION: February 4, 2021; Approved (6-1) (Springer) subject to the staff report
dated February 4, 2021 and Revised Concept Plan Review Summary
No. 2, dated February 4, 2021;
• specifically noting the approval of variance #2 for the driveway
ordinance and specifically noting disapproval of variance #1
requested related to the sidewalk ordinance,
• also noting the applicant's willingness to work with staff prior to City
Council with respect to identifying any future fencing as being set
back 10' as well as any future driveway gates being set back 25'
and any fencing along Dove Rd. being a wrought iron material for
any future fencing,
• noting the applicant's indication that they are going to use a circular
drive and to bring that on the plan to City Council,
finally noting that due to this being a preexisting lot with no future
subdivision plans that Planning and Zoning finds that this request is
consistent with the land use designation.
Commissioner Springer voted against the recommendation for approval
due to the 10' side setbacks shown on the Concept Plan.
CITY COUNCIL ACTION: February 23, 2021; Approved at 1St Reading on consent (6-0) subject to
the staff report dated February 9, 2021 and Concept Plan Review
Summary No. 3, dated February 9, 2021;
Case No.
ZA20-0070
Attachment A
Page 2
Also noting we are granting the Variance request to Driveway
Ordinance No. 634, which requires a minimum centerline to
centerline driveway spacing of 100' for residential driveways on
arterials. A variance is approved to allow the existing spacing to the
east and west along E. Dove Rd., which is approximately 85' to the
west and approximately 98' to the east.
- Also noting that Variances to allow 10' side yard setbacks as shown
on the concept plan and a septic system on a lot less than one acre
were approved by the Zoning Board of Adjustment on May 26, 2005
under Case No. ZBA-459.
Also noting that the City Council finds that the lot configuration is
consistent with the low density land use plan designation since the
existing tract not being further subdivided and only one home can be
built on the lot.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated February 9,
2021.
Case No. Attachment A
ZA20-0070 Page 3
Case No.
ZA20-0070
Attachment B
Page 1
Vicinity leap
1395 E. Dove Rd.
g
2379
124f1 � 1450
1350 1499
12!71
c_ 3tl T3,10149i 1451
Yg�
11Ls;7 1970 ilk# 1200
1220
1151 1179 1211
1311 136 7�t7
5
J
1024 i-
-LUGI
r�
.OPS1029
z�
4J
Z
n
r6
r
fit] a
2104
1 J58
,SrJ
9'17
=q °6
2100
1201 12175
1207 211
2012
Cr
z
2008
1312 Golden Gate Ek
9040
M
2094o
Og
a
4
E0.LIMOs204
W 1
�
1106
lana 1a1z � $
�.
qt`s''
1101 1105 1109 illi 1201 12475
1237 l2ls 1.�5
Y
M7�
ZA20-0070
Zoning Change and Concept Plan
e �
0 330 560
-L
-
1.320
Feet
r��
4
Case No.
ZA20-0070
Attachment B
Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA20-0070 Review No.: Three
Project Name: Concept Plan — 1395 E. Dove Rd.
APPLICANT: Warren Packer
P Custom Homes
1680 Prince William Lane
Frisco, TX, 75304
Phone: (214) 837-2792
E-mail: warren@pcustomhomes.com
Date of Review: 02/09/21
OWNER: Manish Lilani
1395 E. Dove Rd.
Southlake, TX 76092
Phone:
E-mail: maneshlilani(a)amail.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY
ON 2/9/21 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE
HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY
THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION,
PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602.
Planning Comments
1. All new development must comply with the underlying zoning district.
2. An appropriate plat that conforms to the underlying zoning district must be processed,
approved and recorded with the County prior to the issuance of any building permits.
3. Show and dimension the right of way dedication in accordance with the current Master
Thoroughfare Plan. The Master Thoroughfare Plan shows E. Dove Rd. as an arterial with 88'
of right of way. Please show the centerline of E. Dove Rd. and show and label the required 44'
dedication from centerline. Show the dimensions from the centerline to both property corners
and also dimension the full width dimension across the right of way from both corners. Per
Section 5.02D of Subdivision Ord. No. 483, as amended, for a development directly adjacent
to a major state or county thoroughfare, the development shall only be required to dedicate
such right of way as reasonably relates to the need created by and the benefit received by that
development. You have the option of dedicating 25' of right of way from the centerline and
placing the additional property necessary to equal the 44' dedication, if any, in a Pedestrian
Access, Drainage and Utility Easement. The 40' front building line is to be dimensioned from
the 44' measured from the centerline in either option.
4. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended. Per Driveway Ordinance No. 634, as amended, Section 5.1, a minimum centerline
spacing of 100' is required between residential driveways on an arterial. The spacing to the
existing driveway to the west is approximately 85' and the spacing to the existing driveway to
the east is approximately 98'. A variance is requested.
Sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended
Section 5.06 and the Master Pathways Plan are required. The Master Pathways Plan shows a
<8' sidewalk along the south side of E. Dove Rd., so a minimum 5' wide sidewalk is required to
be constructed at the time of new home construction on the property. The previous variance
request has been removed and the required 5' sidewalk is shown on the plan. The exact
location of the sidewalk is to be determined. If any portions of the sidewalk are located on
private property and not in the right of way, a pedestrian access easement is to be dedicated.
Case No. Attachment C
ZA20-0070 Page 1
A note has been added to the plan per the P&Z Commission motion for approval on February
4, 2021 stating that any fencing along E. Dove Rd. will be wrought iron and it will be located a
minimum 10' from the property line and any gates on the driveway will be set back a minimum
25' from the property line.
For the building permit, provide the type and location of the on-site sewage facilities, including
the topography of the site, location of spray fields, all easements, impact on any existing trees,
and any additional information required by the authorized agent responsible for on-site sewage
facility permitting and inspections. No building permit shall be issued until such plan has been
reviewed and approved by the authorized agent nor shall any certificate of occupancy be
issued until the system has been properly installed and inspected by the authorized agent. (As
amended by Ordinance No. 480 -MMM and further amended by Ordinance No. 480-YYY.)
A 10' Type `B' bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42 is
required along E Dove Rd.. The bufferyard and a bufferyard summary chart are provided on
the Concept Plan.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Tree Conservation Comments
The Concept Plan/Tree Conservation Plan complies with the Existing Tree Cover Preservation
Requirements of Table 2.0 within the Tree Preservation Ordinance 585-E, which requires that
a minimum 60% of existing canopy be preserved. Approximately 73.7% of existing tree canopy
is shown 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.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
existing tree cover to be
reserved*
70%
-0%-20%
20.1 —40%
60%
50%
-40.1%-60%
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.
Case No. Attachment C
ZA20-0070 Page 2
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
A 10' Type `B' bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42.4.f
is required along E. Dove Rd. The required plantings per 100' of property line are in the chart
below. The bufferyard and a bufferyard summary chart are show on the Concept Plan.
f. In all tables the applicant should begin along the left column by determining the zoning of
their tract and then horizontally match the appropriate column corresponding to the
zoning on the adjacent tract to determine the required bufferyard. The following is a
summary of all bufferyards. Plant materials required are per 100 linear feet of property
line. However, the width of approved drives crossing a bufferyard may be deducted from
the length of the property line when calculating the required plantings. All bufferyards
have the option of reducing the required plantings by twenty percent (20%) if the width of
the bufferyard is doubled.
Canopy Accent
Buffervard Trees Trees Shrubs Width Note
A 1 2 8 5'
B 2 3 10 10'
C 3 4 12 10'
D 4 5 18 10'
E 1 2 8 10' Hedge -H 1
F1 3 8 8 10' Fence -F1
Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy a-)ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
Any private improvements proposed in city right of way may need an encroachment
agreement.
Dedicate right-of-way along E. Dove Rd. in conformance with the Master Thoroughfare Plan.
INFORMATIONAL COMMENTS:
Case No. Attachment C
ZA20-0070 Page 3
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.citvofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP
shall be submitted by second review of the civil construction plans.
*=Denotes informational comment to be completed on the Civil Construction Drawings.
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southIake.tx.us
No comments based on submitted information.
General Informational Comments
Staff strongly recommends contacting Jerod Potts in the Planning and Development Services
Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195
or by e-mail at 0potts ci.south lake.tx.us. For more information about SPIN and the SPIN
process please go to SouthlakeSPIN.org.
The Development Review Committee (DRC) has determined this pre -submittal is sufficient for
formal submittal to the Planning and Zoning Commission subject to completing the changes
noted above . The applicant should be aware that a formal submittal for the next scheduled
Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on
January 19, 2021. A pdf of each plan must be submitted. If not received before the deadline,
the item will be moved to a later P&Z agenda. If any significant changes, other than those
noted above are made to the submittal, the plan could be withheld from processing until a later
meeting or remanded back to the Development Review Committee for review.
* 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.
* 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.
Case No. Attachment C
ZA20-0070 Page 4
Denotes Informational Comment
Case No. Attachment C
ZA20-0070 Page 5
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Q
1170 1190 1200 122()
1179 1211 1311 x2.10
33 $ i 217:; 4
6
1 �a�
CD
f�
G
D N GATE �
1201 1205 1207 1211
r
Owner Zoning Physical Address Acreage Response
i.
rvivZ-tAFr-MR, �.nrwvnnr
marl -M
Ilc/-U L UUVL nv
l.li I
ivn
2.
STIBOREK, B J JS
AG
1407 E DOVE RD
0.97
U
3.
CURRENT OWNER
SF1-A
1415 E DOVE RD
1.09
NR
4.
JOHNSTON, HOLLY
SF1-A
1240 E DOVE RD
1.11
NR
5.
STONAKER, WM E
AG
1481 E DOVE RD
1.07
NR
6.
LEHTO FAMILY REVOCABLE TRUST
SF1-A
1308 GOLDEN GATE DR
1.00
NR
7.
PATEL FAMILY REVOCABLE LIVING
SF1-A
1304 GOLDEN GATE DR
1.04
NR
8.
HAYES, TIMOTHY FURMAN
SF1-A
1208 GOLDEN GATE DR
0.99
NR
9.
LILANI, MANISH
AG
1395 E DOVE RD
0.98
NR
10.
DEL PRADO PROPERTIES
SF1-A
1333 E DOVE RD
1.18
NR
11.
W.
IHENDRICKSON, BRETT
LARD, ANIL
I SF1-A
S
11300 GOLDEN GATE DR
363 E DOVE RD
1.02
1.19
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Twelve (12)
Responses received: Two (2)
Case No.
ZA20-0070
NR: No Response
Attachment D
Page 1
{,wa
Notification Response Form
ZA20-0070
Meeting Date: February 4, 2021 at 6:30 PM
STiBOREK, B J
1407 E DOVE RD
SOUTHLAKE, TX 76092
Direct questions and mail responses to,
c:r,-�
ci !of Southlake
Planning & Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Phone: (817) 748-8621
Fax: (817) 748-8077
E-mail: rschell@ci.southlake.tx.us
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Beir;4 the owner(s) of the property so noted above, are hereby
-in favor of opposed to �hdecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature: Date:
,Additional Signature:' f � � Date:
0
Printed Name(s):
Must be property owner(s) whose names) are printed at topOtherwise 6ontact the Planning Department. One form per property,
Phone Number (optional):
Case No. Attachment D
ZA20-0070 Page 2
Notification Response Form A
ZA20-0070
Meeting Date; February 4, 2021 at 6;30 PM
KILARU, ANIL
1363 E DOVE RD
SOUTHLAKE, TX 76092
Direct questions and mail responses to:
City of Southlake
Planning S Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Phone: (817) 748-8621
Fax: 4817) 748-8077
E-mail: rschell@ci.southiake.tx.us
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature: -- -- Date: x.2-1
Additional Signature:
Date:
Printed Name(s): _ &'JtL � 1L' -e'U _
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment D
ZA20-0070 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-778
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
DESCRIBED AS TRACT 4A3, FRANCIS THROOP SURVEY,
ABSTRACT NO. 1511, SOUTHLAKE, TARRANT COUNTY,
TEXAS, BEING APPROXIMATELY 0.79 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF -30" 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
District under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA20-0070 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
Case No. Attachment E
ZA20-0070 Page 2
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 Tract 4A3, Francis Throop Survey, Abstract No. 1511,
Southlake, Tarrant County, Texas, being approximately 0.79 acres, and more
Case No. Attachment E
ZA20-0070 Page 3
fully and completely described in Exhibit "A" from "AG" Agricultural District to
"SF -30" 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:
1.
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
Case No. Attachment E
ZA20-0070 Page 4
its peculiar suitability for the particular uses and with a view of conserving the value of
buildings and encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except
in those instances where provisions of those ordinances are in direct conflict with the
provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of
the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this ordinance
but may be prosecuted until final disposition by the courts.
Case No. Attachment E
ZA20-0070 Page 5
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.
X4:101 M05D]
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
Case No. Attachment E
ZA20-0070 Page 6
PASSED AND APPROVED on the 1St reading the 23rd day of February, 2021.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2021.
MAYOR
ATTEST:
CITY SECRETARY
/_1»391TA:I WAR 011ilai1VLTAW_\010111:WIII va
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA20-0070
Attachment E
Page 7
Exhibit `A'
Being legally described as Tract 4A3, Francis Throop Survey, Abstract No. 1511, City of Southlake,
Tarrant County, Texas, being approximately 0.79 acres and being more particularly described
as follows:
Reserved for metes and bounds description
Case No. Attachment E
ZA20-0070 Page 8
Exhibit `B'
Reserved for approved Concept Plan
Case No. Attachment E
ZA20-0070 Page 9