480-789 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-789
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 8A3, 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,
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,
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 8A3, 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:
City Council:
November 16, 2021; Approved at 1st Reading on the Consent Agenda (7-0).
December 7, 2021; Approved at 2nd Reading; subject to the Staff Report dated
November 30, 2021 and Site Plan Review Summary No. 2, revised October 29, 2021.
Concept Plan Review Summary
Planning Review
Note: The property does not have access to public sewer and will require a septic system.
Location of any on-site facilities for liquid and solid waste temporary storage pending disposal
or any proposed septic fields.
Tree Conservation/Landscape Review
* The preservation of existing tree cover complies with the Existing Tree Cover
Preservation Requirements of the Tree Preservation Ordinance. There is 64.9% of
existing tree cover and a minimum of 40% is required to be preserved. A maximum of
15.7% is proposed to be removed, and 84.3% of the existing tree cover is proposed to
be preserved.
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve
existing tree cover in accordance with the percentage requirements established by
Table 2.0. If the property has previously received a tree permit related to development,
the percentage of existing tree cover at the time the first such permit was issued shall
be used to calculate the minimum existing tree cover that must be preserved under this
section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover Minimum percentage of the
on the entire site existing tree cover to be
preserved*
0% — 20% 70%
20.1 —40% 60%
40.1% - 60°A) 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/Engineering Review
GENERAL COMMENTS:
Shady Oaks Drive shall have a 30' half street right-of-way section. Please be aware
that additional right-of-way may be required to be dedicated to allow for the 30' half
street section.
DRAINAGE COMMENTS:
The drainage ordinance requires that an easement with sufficient width to contain the
100-year storm plus one foot of freeboard be dedicated to the city. Please be aware
that a drainage easement for the existing creek that follows the requirements of the
City's drainage ordinance may be required to be dedicated on the Plat.
INFORMATIONAL COMMENTS:
Submit 22"x34" civil construction plans and a completed Construction Plan Checklist
directly to the Public Works Administration Department for review. Please allow 15
business days for review. The plans shall conform to the most recent construction
plan checklist, standard details and general notes which are located on the City's
website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesiqn.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.
• NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout
sheet.
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 geotechnical report will be required for all private and public roadways. The
geotechnical report shall include pavement design parameters for subgrade
stabilization.
* 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.
*=Denotes informational comment that don't need to be addressed until Civil Construction
Submittals.
Fire Department Review
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.
* 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 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.
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.
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.
PASSED AND APPROVED on the 1st reading the 16th day of November, 2021.
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PASSED AND APPROVED on the 2nd reading the 7th day of December, 2021.
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE: k2-' 2-k
ADOPTED: 0.-,1_ `y�
EFFECTIVE: 1**),' It 1
EXHIBIT "A"
Being all that certain lot, tract or parcel of land situated in the Thomas M. Hood
Survey, in Tarrant County, Texas and being the same land described in deed to Cassey
Wayne Russell, as his sole and separate property and James Wyle Russell, as his sole and
separate property, recorded in Instrument No. D2 17030953, Deed Records, Tarrant County,
Texas (D.R.T.C.T.) and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod found for comer in the West line of Lot 6 of T.M. Hood
Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Cabinet A, Slide 4122, Plat Records, Tarrant County, Texas (P.R.T.C.T.), at the
Southeast corner of a tract of land described in deed to John J. Fleps and wife, Petronella M.
Fleps, recorded in Instrument No. D198120691 (D.R.T.C.T.) and at the Northeast corner of
said Russell tract;
THENCE South 01 degrees 55 minutes 58 seconds East, a distance of 155.17 feet to a 1/2
inch iron rod found for comer in the said West line of said Lot 6, at the Northeast corner of a
tract of land described in deed to Steven Peterson and Radha Peterson, recorded in
Instrument No. D218149615 (D.R.T.C.T.);
THENCE South 88 degrees 44 minutes 57 seconds West, passing a 1/2 inch iron rod found
for reference, a distance of393.59 feet and continuing a total distance of 419.00 feet to point
for corner in Shady Oaks Drive, at the Northwest corner of said Peterson tract;
THENCE North 01 degrees 15 minutes 03 seconds West, with said Shady Oaks Drive, a
distance of 156.41 feet to a point for comer;
THENCE North 88 degrees 55 minutes 14 seconds East, passing a 1/2 inch iron rod found
for reference, a distance of 27.42 feet for reference at the Southwest comer of T.M. Hood
Addition, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat
recorded in Instrument No. D218274983, (P.R.T.C.T.), and continuing a total distance of
417.16 feet to the PLACE OF BEGINNING and containing 65,130 square feet or 1.50 acres
of land, of which approximately 3,909 square feet or 0.09 of an acre lies within said road.
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T' is to certify that have,Utb date•made a emaful meta accurate survey on the yrouna of pope.'..
S DI•S$•_ E 15.1ra s� s booted m No. 1049 SHADY OAFS OPoVE btM By sal SOGTNLN(E. Tee..:
mart it:
martmoo..or : :aidb n that helot asset orpawlof lands-Masted—Wmthe ThamesS Hood Sunry.me prana[ImdlTaw
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PLACE
. ..:U"R4f11N '•.. - Ia�,a.m�inlwl0� :Wyk RumeLL as his soh,rvi.repuote property.recorded mlmmmrat No.ILt17070957.Deed Marrdx Tram
'Couny.Texas(D.R T.C.T.I and being more particulady douibd as follows:
rasa aura•
tin=1fat :BEGINNING a a 38 inch coin old found for coma in the Wei line.41 Lot 6 of T.M.Hood Add non.an.Adlioan
ONE-STORY to the City of Southhko.Tarrant County.Texas according to the phi worded in Cabinet:l Slide 41"1.Plc
FRNTO - 'Ramada Tarrant
saneent County.Tuns IP. motorrm T.C.T.L at the Southeast motor of a a of land described in deed to John J.
... + Fops a .Perroalla M.Ffju recorded to!ottoman No.0198120691(D.RT.C.T.I and at the Northeast
i ,.l- cans of raid 60well tram
7a.a.: v. THENCE Smith 01 Jcgmes 55 mots.
5R moods Cot ad,44nce of15517 feet=a Innc ih iron rod fond fa
f caner in the said Went line of said Lot 6.a the Northoa sums of a0ct of lad dedhd In deed to Stem
. Peterson and Rd=PeMmin.rocurdod in lnsmnment No.0218149615(D.RT.C.T.8
MO.L nos
OD ore[ - - THENCE South RR demo.44,moue 57 mods Imi.psanirg a 1,2 inch inn roil=Lust for ref nix-a Imo,:
MST.NM Duiu era of 393.59 feet and mediating a Wild darn of 419.00 feet to poen for mina in Shady Oa4s Rive,at the
............... North..comer of aid Mena tram
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a THENCE North 01 deyer 15 mamma 03 seconds WoL with said Shady Oaks Drfs e.a dins=of 156.41 Memo a
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tin Lao • ^--t .eo' THENCE North a degno 55 comma 14 seconds EasL Passing a 1/2 Inch don rod farad for ref e,a limb.
aasr rtnm+ d 2742 fern for reference a the Southwnn corns of T.N.Hood AMA.an Addition to the City ofSoutbake.
act to aww.ela Tarrant County.Teas.amanita;to the plat remnld in losmmml No.D2182749R3,(P.RT.C.T I.and madming
'4j a and daame 01'41'.Ib fors to the PLACE OF BEGINNING and molamInn 65.130 square feet or 1.50 oats of
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a land of which approximately 3.409 smote feet or 0.09 of an sere lie within said road.
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t esp"d r BARRY S RHODES Registered Professional Land Surveyor(214)326-1090
a This is to certify that I hove.This date.mode o careful and*Noumea survey on the ground of properly
S C 1'S5.56' E 1rs5'7_'vrl�'-f� — located at No. '049 SHADY OAKS DRIVE inTARRANT COUNTY Texas.
— - `1 Stem or wD Being all hot certain lot,tractor perm'of land shooed In the Thomas M.Hood Survey.a Tarrant County,Texas
PLACE OF - •- tMaas rtap5oe and being the some Ind described in deed to Caney Wayne Russell,as ha sob and separate property and lames
BEGINNING MT 40.t,at.«,a W yle Russell.as his sole ad separate property,reminded in Inawnrem No.D21.030951 Deed 2omds,Tamnt
County,Texas(D R'f L T l and being more rrrticdmly described as follows:
toter to
BEGINNING pia Sig inch iron rod(bond for coma In the Wrna line Ma tract of:ad Jsscrtbd m deed to Paid
accx
Spiegelmd spouse,fere=Spegelman,recorded h.Ina mmeol No,0208369750 tD.RTf.k atC. the Southeast
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AMEERY I /I co tram, comer of a tra of lad d Flaps m desenb in deed to John 1.Fla a wifb Petronello M.Flaps,recorded in Instrument No
( 1049 ) k •� 0198I20691(D.R.T.C.T.(ad at the Northeast corner of said Russell sacs
�s 'v THENCE South 01 degrees 55 mute 56 seconds Fan.a loaned of 155.17 feet to a Ir2 inch non rod timed tar
IL..r in
comer in the said West Poe of Spiegelman Tao._m the Northeast corner of a net of toad desenbd in deed to
k / Steven Peterson and Radho Peterson.meor40J in Instrument No.D21814%151D.RT.C.T.I:
-
4140 �
9 ') 1 mum. ce THENCE South 88 degrees 44 mum.5°tud inch w s West,passing a I/2 et rod toad distance
reference,a dtst
win we. ivof 39339 feet and continuing a toad distance of 419.00 feet 1 point for coma m Shady Oaks Drive.at the
non.q mY,. t I Northwest corner of.0,4 Peterson tract.a.•\ THENCE North 01 degrees 15 minutes 03 seconds West.with sad Shady Oaks Dore,a distance of 156.41 feet to a
in
-. point Ibr comer:
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s,• a =HENCE North 88 4evem 55 MIMI.14 seconds Fan.pommy a 1/2 tomb 000 rod tbund fin nce,=fe a distance
of 27.12 feet and continuing a pod assume 4417.16 feet to the PLACE OF BEGINNING and containing 65,130
MOM 00 .f pun w' squire fen or 1.50 acres of land approximately winch approxitely 3.909 square feet or 0.09 of an acein hes the road.
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00,11.1 R L5•TF SHADY OAKS DRIVE^ �.202100662-0"` ,.was.mammas`°"
a0MAZTI.N area TREE Sc •'• SURVEY 41)BURNS
SARRY S.RHODES Registered Professional Land Surveyor(214)325-1090
„ ,g,' rs F , file is to certify that 1 hOve,this date.made a care/01 arid accurate survey on'the 9round at property
,., located at No. 1049 SHADY OAKS DRIVE •a TARRANT COUNTY. Texas.
.V.,, ="7- 1'L-7 , ,'1 7-7 oo' Z and bang the same land described in deed to Casscy Wayne Russell.as his tole and seperate properly and lames
BEGINNING . . rceort:yd in InatrumeLtoNuo.:217030953.Deed Records Tarrant
M10... .=•=1, 1=1-91 . TO,3 V 5.li°. IlailNNINCi at a IN inch iron rod timid for coma in the West line of a Irma of land described in deal to Paul
MiliTIMI....— Int . El 32 Spiegelman and spouse,Teresa Spiegelman,reconted to Instrument No.D208369750 1D.R.T.C.T 1.at the Southeast
SINIIMIII.--...._a..11MIMI. comer of a tract of land described in deed to John I Fleris and wife.Penwell,M.Flees.recorded in Instrument No
, D198120691(D.R.T.0 T I and at the Northava corner of said Russell track
)rtS5 ' 'a THENCE South 01 degrees 55 meneles 58+moods E.t.a chance of 155.17 feet to a 1,2 inch iron rod(mad tar
rMr111•=1:411111.01.11.11 comer in the said West line of Splegelman mat st the Northeast corner of a tract of lend described a deed 10
j �+ Steven Peterson ad Radha Peterson,recorded in Instrument No.D218149615 113.R.T.C.T 1:
MillIFAIIMIII.P.IMII • i ,. of 192.59 feet and continuing a total distance of 419.00 feet to point for comer in Shady Ileks Drivc.at the
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