480-785ORDINANCE NO. 480-785
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 TRACTS 1 B4E AND 1 B4H, LEONARD
LINCOLN SURVEY, ABSTRACT NO. 981, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.03 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL 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
District under the City's Comprehensive Zoning Ordinance; and,
Ordinance No. 480-785 Page 1
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called
by the City Council did consider the following factors in making a determination as to whether
these changes should be granted or denied: safety of the motoring public and the pedestrians
using the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect
of such lights on established character of the neighborhood; location, lighting and types of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this
ordinance for off-street parking facilities; location of ingress and egress points for parking and
off-street loading spaces, and protection of public health by surfacing on all parking areas to
control dust; effect on the promotion of health and the general welfare; effect on light and air;
effect on the over -crowding of the land; effect on the concentration of population, and effect on
transportation, water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the
land throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
Ordinance No. 480-785 Page 2
existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air,
prevents the over -crowding of land, avoids undue concentration of population, and facilitates
the adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there
is a necessity and need for the changes in zoning and has also found and determined that
there has been a change in the conditions of the property surrounding and in close proximity
to the tract or tracts of land requested for a change since the tract or tracts of land were
originally classified and therefore feels that the respective changes in zoning classification for
the tract or tracts of land are needed, are called for, and are in the best interest of the public at
large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety
and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Tracts 1 B4E and 1 B4H, Leonard Lincoln Survey, Abstract
No. 981, City of Southlake, Tarrant County, Texas, being approximately 1.03
acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "R-PUD" Residential Planned Unit Development District as
Ordinance No. 480-785 Page 3
depicted on the approved Development Plan attached hereto and incorporated
herein as Exhibit "B," and subject to the following conditions:
Residential Planned Unit Development District -
Land Use and Development Regulations,
Variance Request and Open Space Management Plan
for the 1.03 acre property located at 2589 Lonesome Dove Rd.,
a portion of the development known as
Ferguson Place
Southlake, Texas
19 July 2021
Case # ZA21-0053
Sage Group, Inc.
This Residential Planned Unit Development shall abide by the all conditions of the
City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it
pertains to the "SF-20A" Single -Family Residential zoning district; and the City of
Southlake Subdivision Ordinance No. 483, as amended:
The following regulations shall apply to all lots, except as noted:
Minimum Lot Size: Each residential lot shall be a minimum of 11,780 s.f. in area.
Minimum Lot Width: The minimum Lot Width shall be eighty eight (88') feet.
Minimum House Size: All new houses constructed shall be a minimum of 2,500 s.f.
of conditioned floor area.
Streets: A 31' B-B pavement section with 6" "roll -up" curb & 50' R.O.W. shall be
provided along the frontage of the residential lots.
Sidewalks: A minimum 5' wide concrete sidewalk shall be required along the
internal street frontage of all Residential Lots.
Front Setback: There shall be a thirty-five (35') foot Front Setback on both lots.
Side Setback: There shall be a fifteen (15') foot Side, and Street -Side Setback on
both lots.
Rear Setback: There shall be a thirty (30� foot Rear Setback on both lots.
Maximum Lot Coverage: All building shall have a maximum lot coverage not
exceeding thirty-five percent (35%) of the lot area.
Ordinance No. 480-785 Page 4
Variance Request:
A request for a variance to the requirements of Ordinance #480, Section 30.11
Common Open Space, from a minimum of 10% required, to no open space
required.
Open Space Management Plan:
The two proposed lots within the City of Southlake are planned to be a part of a
larger, 30 lot neighborhood called Ferguson Place, the remainder of which is in the
City of Grapevine. In the overall project, there will be approximately 5.86 acres
devoted to Open Space- over 40% of the overall project area.
All property owners shall be required to be a member of the Ferguson Place HOA.
Dues assessments, required for the maintenance of those landscape easement and
open space areas and other HOA activities, shall be mandatory.
The HOA, through a resident Board of Directors, shall be responsible for the
maintenance and operation of the protected open space within the development,
either directly or through a third -party management company. No full-time
employees are contemplated to be necessary. The expenses required to maintain
the walls and landscape areas at a quality level shall be estimated annually by the
HOA Board, and dues shall be determined and assessed on each property owner in
an equitable fashion at such a rate as necessary to maintain such a level of quality.
The annual expenses for such open space maintenance are initially estimated to be
$30,000, or approximately $1,000 for each of the HOA homeowners. Authority to
enforce these requirements, and to place a lien on the property if such dues are not
paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by
all property owners in the HOA at purchase, and shall run with the land.
City Council motion at 2nd Reading on September 21, 2021;
September 21, 2021; Approved at 2nd Reading (7-0) subject to Staff Report dated September 14, 2021,
and Development Plan Review Summary No. 3, dated August 9, 2021, and granting the following:
- Variance to Zoning Ordinance No. 480, Section 30.11 — Common Open Space, from a minimum of
10%, to 0% open space.
Also noting:
- Lot 1 will only have drive access from Ferguson Road and not have access from Lonesome Dove.
- Finding that 2 tracts that currently exist and this zoning action will create two residential lots.
Development Plan Review Summary No. 3. dated Auaust 9. 2021:
An appropriate plat(s) that conforms to the underlying zoning district must be processed,
approved and recorded with the County prior to the conveyance of any portion of the property.
2. Place the City case number "ZA21-0053" in the lower right corner of the civil plans for ease of
reference.
Ordinance No. 480-785 Page 5
The 2035 Land Use Plan designation is Low Density Residential, which requires a net density
of one or fewer units per acre. A letter providing a justification of the proposed lots as shown
has been submitted.
A 5' sidewalk is required along Lonesome Dove Rd. and the internal street and the 5' sidewalk
is shown on the plans.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
TREE CONSERVATION COMMENTS:
The proposed existing tree cover preservation complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is 21.29% of existing
tree cover on the site and a minimum of 60% of the existing tree cover is required to be
preserved. There is 61.17% of the existing tree cover proposed to be preserved, and 38.83%
proposed to be removed.
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*
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:
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;
Ordinance No. 480-785 Page 6
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
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
Kevin Taylor, P.E.
Civil Engineer
GENERAL COMMENTS:
The project requires coordination with the City of Grapevine, City of Southlake, and the
developers, including an interlocal agreement. This will ensure all parties will be informed of
concerns, roles, and responsibilities. Proposed concept improvements are not approved and
may require additional modification depending on discussion with City of Grapevine. Further
discussion among all parties will be necessary. Reemphasizing for this coordination to occur.
GRADING PLAN COMMENTS:
Provide a grading plan (to be provided when preliminary plans are submitted).
Fire Department Review
Kelly Clements
Deputy Fire Chief/Fire Marshal
FIRE LANE COMMENTS:
Cul-de-Sacs must have 30 ft. inside turn radius and 50-foot radius (100-foot diameter) for approved
turnaround. (Plans do not indicate approved dimensions)
Ordinance No. 480-785 Page 7
FIRE HYDRANT COMMENTS:
Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with un-
sprinkled homes. (Add and/or relocate hydrants as necessary to meet the requirements)
General Informational Comments
A SPIN meeting was held on July 27, 2021.
A 2035 Corridor Planning Committee was held on June 2, 2021.
No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
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.
Denotes Informational Comment
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City
of Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing
sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning
Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and
affirmed.
Ordinance No. 480-785 Page 8
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety,
morals and the general welfare of the community. They have been designed, with respect to
both present conditions and the conditions reasonably anticipated to exist in the foreseeable
future; to lessen congestion in the streets; to provide adequate light and air; to prevent over-
crowding of land; to avoid undue concentration of population; and to facilitate the adequate
provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete
hearing with reasonable consideration among other things of the character of the district and
its peculiar suitability for the particular uses and with a view of conserving the value of buildings
and encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions
of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and
that if the validity of the zoning affecting any portion of the tract or tracts of land described
herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the
balance of said tract or tracts of land described herein.
Ordinance No. 480-785 Page 9
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. 480-785 Page 10
PASSED AND APPROVED on the 1st reading the 7th day of September, 2021.
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PASSED AND APPROVED on the 2nd reading the 211t day of September, 2021.
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APPROVED AS TO FORM AND LEGALITY:
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DATE: JA -2A
ADOPTED: 'OL (24
EFFECTIVE: 411 X4 I -14
Ordinance No. 480-785 Page 11
Exhibit 'A'
Being legally described as Tracts 1 B4E and 1 134H, Leonard Lincoln Survey, Abstract No. 981,
City of Southlake, Tarrant County, Texas, being approximately 1.03 acres, and being more
particularly described as follows:
METES AND BOUNDS DESCRIPTION
1.030 ACRES
FERGUSON PLACE — SOUTHLAKE TRACT
IN LEONARD LINCOLN SURVEY, A-981
CITY OF SOUTHLAE, TARRANT COUNTY, TEXAS
All that certain 1.030 acres of land, which is the tract described in the deed to Lonesome Dove
Holdings, Inc., recorded in Document Number D219101579 Deed Records of Tarrant County,
Texas (D.R.T.C.T.), in the Leonard Lincoln Survey, A-981, City of Southlake, Tarrant County,
Texas and more particularly described by metes and bounds as follows: (All bearings shown
hereon are based on the Texas Coordinate System of 1983, North Central
BEGINNING at a 1/2" iron rod found for the southwest corner of the herein described tract,
common to the northwest confer of the tract described in the deed to Lonesome Dove Holdings,
Inc., recorded in Document Number D211060034 D.R.T.C.T., and in the east right-of-way line of
Lonesome Dove Road (right-of-way varies);
THENCE North 000 26' 00" West - 138.10' along the east right-of-way line of said Lonesome
Dove Road, to the northwest confer of the herein described tract, common to the southwest coiner
of Lot 4, Block 1, B & G Properties, recorded in Document Number D214040297 in the Plat
Records of Tarrant County, Texas, from which a found 1/2" iron rod in a gravel road bears North
14' 35' East - 0.88';
THENCE North 890 27' 50" East - 325.00' to a 1/2" iron rod found for the northeast corner of the
herein described tract;
THENCE South 00' 26' 00" East - 138.10' to the southeast corner of the herein described tract, in
the north line of said Lonesome Dove Holdings tract;
THENCE South 89' 27' 50" West - 325.00' along the common line of said 1.030 acre tract and
said Lonesome Dove Holdings tract to the POINT OF BEGINNING and containing 1.030 acres
of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED FOR ATTACHMENT TO
ZONING DOCUMENTS AND IS NOT INTENDED FOR TITLE TRANSFER.
Ordinance No. 480-785 Page 12
Exhibit `B'
DEVELOPMENT PLAN
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Case No. ZA21-0053
Development Plan - R-PUD Fei-gllson Phave
Site Data Summary Chart
Existing
Existing
Proposed
Number
Average
Gross
ROW
Zoning
Land use
Zoning
of Lots
Lot Size
Acreage
Acreage
(s.f.)
AG
Low Density
Residential
R_PUD
2
11F923
1.03
0.48
Ordinance No. 480-785 Page 13
TREE CONSERVATION ANALYSIS
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" Tree Conservation Analysis
Tree Canopy Coverage
Total site area
Total existing canopy
Preserved tree canopy (green)
Removed tree canopy (red)
Legend
Preserved Tree Canopy J
Removed Tree Canopy 1
Case No.ZA21-0053
Ferguson Place
43,996 s.f.
9,368 s.f. --> 21.29%
51730 s.f. -->
31638 s.f. -->
9,368 s.f. ->
61.17%
38.83%
Ordinance No. 480-785 Page 14
PRE -DEVELOPMENT DRAINAGE AREA MAP
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Ordinance No. 480-785 Page 15
POST —DEVELOPMENT DRAINAGE AREA MAP
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Ordinance No. 480-785 Page 16
UTILITY PLAN
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Ordinance No. 480-785 Page 17