480-777 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-777
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 8A2, THOMAS M. HOOD SURVEY ABSTRACT
NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
BEING APPROXIMATELY 1.44 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
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. 480-777 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
existed at the time their original investment was made; and,
Ordinance No. 480-777 2
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 8A2, Thomas M. Hood Survey Abstract No. 706, City of
Southlake, Tarrant County, Texas being approximately 1.44 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 and incorporated herein as Exhibit "B", and subject to the
following conditions:
Ordinance No. 480-777 3
City Council:
St
February 23, 2021; Approved (6-0) on the Consent Agenda, at the 1 Reading, as
written.
March 2, 2021; Approved (6-0) at the 2nd Reading, subject to the Staff Report dated
February 24, 2021 and the Concept Plan Review Summary No. #3, dated May
February 9, 2021; and noting the applicant has agreed to modify the fencing and the
gate along Shady Oaks Drive per the Planning and Zoning Commission
recommendation.
Planning Review
1. 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 (or a Final
Plat approved by the Planning and Zoning Commission) prior to the execution of a developer's
agreement and commencement of any site work.
2. Please be aware the Shady Oaks Dr. is shown on the Master Thoroughfare Plan as an
undivided two-lane collector with 60' of right of way. Any fencing provided along Shady Oaks
Dr. must comply with Zoning Ord. No. 480, as amended, Section 39.5.c.4., Screening and
Fencing.
Informational Comments:
• Currently, there is no sewer available to the property and will require an on-site sewage facility.
Tree Conservation/Landscape Review
* The existing tree cover preservation complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance. There is 31.6% of existing tree cover on the
property and a minimum of 60% of the existing tree cover is required to be preserved. The
applicant proposes to remove 31.7% of the existing tree cover and 68.3% 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.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
0% —20% 70%
Ordinance No. 480-777 4
20.1 —40% 60%
40.l% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and construction
of the development. Alteration or removal of any of the existing trees shown to be preserved
on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and
the zoning as approved by the Southlake City Council. Please ensure that the layout of all
structures, easements, utilities, structures grading, and any other structure proposed to be
constructed do not conflict with existing trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Enqineerinq Review
GENERAL COMMENTS:
1. This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
2. Any private improvements proposed in city ROW may need an encroachment agreement.
CONCEPT PLAN
3. Show the proposed drainage easement within the rear yard.
INFORMATIONAL COMMENTS:
* 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.
* 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.
* 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.
*=Denotes informational comment to be completed on the Civil Construction Drawings.
Ordinance No. 480-777 5
FIRE DEPARTMENT
GENERAL COMMENTS:
No comments based on submitted information.
General Informational Comments
* All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended).
* Discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance No. 605. All development must comply with
the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946,
as amended.
* 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 issuance of
any building permits.
* The applicant should be aware that prior to issuance of a building permit, a fully corrected
concept plan, landscape plan, irrigation plan, and building plans, must be submitted for
approval and all required fees must be paid. This may include but not be limited to the following
fees: Park Fee, Perimeter Street Fee, Water&Sewer Impact and Tap Fees, and related Permit
Fees.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale
water customer contract with the City of Fort Worth, all new water connections are required to
pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based
on the final plat recordation date and building permit issuance. The applicant is encouraged to
review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine
the fee amount.
* Denotes Informational Corn
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
Ordinance No. 480-777 6
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,
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.
Ordinance No. 480-777 7
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.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and
place for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and it this ordinance provides for the imposition of any penalty, fine or forfeiture for
any violation of any of its provisions, then the City Secretary shall additionally publish this
ordinance in the official City newspaper one time within ten (10) days after passage of this
ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
Ordinance No. 480-777 8
PASSED AND APPROVED on the 1st reading the 23rd day of February 2021.
MAYOR
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PASSED AND APPROVED'O 11012w reading the 2nd day of March 2021.
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DATE: I
ADOPTED: 34
EFFECTIVE: 9A10 0/1.
Ordinance No. 480-777 9
EXHIBIT "A"
WHEREAS, STEVEN PETERSON AND RADHA PETERSON, are the owners of a 1.44 acre tract of
land situated in the Thomas Hood Survey, Abstract Number 706 and being a tract of land described in
deed to Steven Peterson and Radha Peterson, recorded in Document Number D218149615, Official
Property Records of Tarrant County, Texas and being more particularly described by metes and
bounds as follows:
BEGINNING at a mag nail set at the Southwest comer of said 1.44 acre tract and in Shady Oaks Drive
(a variable width right-of-way);
THENCE N 01°17'53" W, with the West line of said 1.44 acre tract and along said Shady Oaks Drive,
a distance of 156.23 feet to a mag nail set at the Northwest corner of said 1.44 acre tract and the
common Southwest corner of a tract of land described in deed to Ann Russell, recorded in Document
Number D182372979, Official Public Records of Tarrant County, Texas, and being in the East right-
of-way line of said Shady Oaks Drive;
THENCE N 88°42'07" E with the North line of said 1.44 acre tract and the common South line of said
Russell tract, passing a 5/8" iron rod found at a distance of 25.25 feet and continuing a total distance of
327.00 feet to a 1/2" iron rod found in the West line of Lot 6, T.M. Hood Number 706 Addition,
recorded in Cabinet A, Slide 4122, Plat Records of Tarrant County, Texas and the Northeast comer of
said 1.44 acre tract and the common Southeast corner of said Russell tract;
THENCE S 01°13'25" E with the East line of said 1.44 acre tract and the common West line of said
Lot 6, a distance of 155.75 feet a 5/8" iron rod found at the Southeast corner of said 1.44 acre tract and
the common Northeast corner of a tract of land described in to deed to Billy W. Runyan and wife,
Betty J, Runyan, recorded in Document Number D181026230, Official Public Records of Tarrant
County, Texas;
THENCE S 88°38'12" W with the South line of said 1.44 acre tract and the common North line of said
Runyan tract, passing a bolt found at a distance of 396.86 feet and continuing a total distance of 418,80
feet to the POINT OF BEGINNING and containing 1.44 acres of land, more or less.
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600637 0004872371 PUBLIC HEARING NOTICE CITY OF SOUTH LFy 22100182 $92.04 1 64 00 Li
Attention: Selena Serrano THE STATE OF TEXAS
CITY OF SOUTHLAKE County of Tarrant
1400 MAIN ST
STE 440 Before me, a Notary Public in and for
SOUTH LAKE. TX 760927604 said County and State,this day
personally appeared VICTORIA
PUBLIC HEARING NOTICE RODELA, Bid and Legal Coordinator
CITY OF SOUTHLAKE,TEXAS g
Notice is hereby given to all in- PUBLIC HEARING NOTICE for the Star-Telegram,published by
terested persons that the City CITY OF SOUTHLAKE,TEXAS
of Southlake, Texas will consid- the Star-Telegram, Inc. at Fort Worth,
er the following item in the Notice is hereby given to all in-
Council Chambers at Town Hall, terested persons that the City in Tarrant County,Texas; and who,
1400 Main Street, Southlake, of Southlake,Texas will consid-
er the following item in the
Texas or will hold a meeting via Council Chambers at Town Hall, after being duly sworn,did depose
video conference for: 1400 Main Street, Southlake,
and saythat the attached clipping of
The City Council on Tuesday, PP g
Texas
March 2,2021,at 5:30 p.m. will video will hold a meeting via
hold a public hearing and consid- conference for: an advertisement was published in
er: The City Council on Tuesday,
Ordinance No. 480 777, (ZA20 March 2, 2021,at 5:30 p.m.will the above named paper on the listed
0068), Zoning Change and Con- hold a public hearing and consid-
er: dates:
cept Plan for 1029 Shady Oaks
Drive on property described as Ordinance No. 480-777, (ZA20-
Tract 8A2, Thomas M. Hood 0068), Zoning Change and Con-
Survey Abstract No.706,City of cept Plan for 1029 Shady Oaks
Drive on property described as
Southlake, Tarrant County,
Texas, and located at 1029 Tract 8A2, Thomas M. Hood
Shady Oaks Drive, Southlake, Survey Abstract No.706,City of
Texas. Current Zoning: "AG" Southlake, Tarrant County, 1 Insertion(s)
Agricultural District. Requested Texas, and located at 1029
Zoning: "SF-1A" Single Family Shady Oaks Drive, Southlake,
Residential District. SPIN Texas. Current Zoning: "AG" Published On:
Agricultural District. Requested
Neighborhood ail. Zoning: "SF-1A" Single Family February 12,2021
Ordinance No. 480-778, (ZA20- Residential District. SPIN
0070), Zoning Change and Con- Neighborhood#7.
cept Plan for 1395 E. Dove Rd. Ordinance No. 480-778, (ZA20-
on property described as Tract 0070), Zoning Change and Con-
4A3,Francis Throop Survey,Ab- cept Plan for 1395 E. Dove Rd.
stract No. 1511, City of on property described as Tract
Southlake, Tarrant County, 4A3,Francis Throop Survey,Ab-
Texas, and located at 1395 E. stract No. 1511, City of
Dove Rd., Southlake, Texas. Southlake, Tarrant County,
Current Zoning: "AG" Agricul- Texas, and located at 1395 E.
tural District. Requested Zon- Dove Rd., Southlake, Texas.
ing:"SF 30" Single Family Reshbor Current Zoning: "AG" Agricul-
hood l District. SPIN Neighbor-
hood
eighbor- tural District. Requested Zon-
ing:113. ing:"SF-30"Single Family Resi-
ZA21-0004, Specific Use Permit dential District. SPIN Neighbor-
with Site Plan for the Dragon V----11/)
House on property described as hoodtt3.
Lot 1R3,Block 1 of the Gateway ZA21-0004, Specific Use Permit
Plaza Phase II Addition, City of with Site Plan for the Dragon ' J
Southlake, Tarrant County, House on property described asVJL't )( �� l ^�ff
Texas and located at 2640 E. Lot 1R3,Block 1 of the Gateway
Southlake Blvd., Southlake, Plaza Phase II Addition, City of (Principal Clerk)
Texas. Current Zoning: "S-P-2" Southlake, Tarrant County,
Generalized Site Plan District. Texas and located at 2640 E. SUBSCRIBED AND SWORN TO
SPIN Neighborhood#8. Southlake Blvd., Southlake,
All interested persons are urged Texas. Current Zoning: "S P-2" BEFORE ME,THIS 12th dayof
to attend or participate. For Generalized Site Plan District.
more information regarding par- SPIN Neighborhood tt8. February In the year of 2021
ticipation in this meeting, All interested persons are urged
please visit https://www.cityof to attend or participate. For
southlake.com or contact the more information regarding par-
City Secretary's office at ticipation in this meeting,
(817)748-8016. please visit https://www.cityof
City of Southlake southlake.com or contact the
Amy Shelley,TRMC City Secretary's office at /
City Secretary (817)748-8016. I
City of Southlake
Amy Shelley,TRMC ‘rVN—Q3— Cg—'
City Secretary
:::....: Public-Amba:DLL,izarraga
AMBARZARRAGA..q` My Nctary #132031291
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