480-795 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-795
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 TRACT 5A & 5A02 FRANCIS
THROOP SURVEY, ABSTRACT NO. 1511, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 4.93 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", 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 ad 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 Tract 5A & 5A02 Francis Throop Survey, Abstract No.
1511, City of Southlake, Tarrant County, Texas, being approximately 4.93
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", and subject to the following conditions:
1. City Council 2nd Reading:
June 21, 2022;Approved; 2nd Reading (6-0); subject to revised Staff
Report dated June 21, 2022 Concept Plan Review Summary No. 4
dated June 21, 2022, and the applicant's Letter of Concurrence
dated June 21, 2022.
Review Summary and Conditions attached hereto in "Exhibit B".
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 7th day of June, 2022.
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MAYOR en) fi
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PASSED AND APPROVED on the 2nd reading the 21st day of June, 2022.
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APPROVED S TO FORM AND LEGALITY:
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CITY ATTORNEY
DATE: lP le1-1 j 20--
ADOPTED: le 10'l
EFFECTIVE: (Q I'a2—
EXHIBIT "A"
Being described as Tract 5A & 5A02 Francis Throop Survey, Abstract No. 1511, City of
Southlake, Tarrant County, Texas, being approximately 4.93 acres and being more
particularly described as follows:
Metes and Bounds Description
LEGAL DESCRIPTION OF SURVEYED TRACT: Being all that certain lot,tract or parcel of land
situated in the Francis Throop Survey, Abstract Number 1511, City of Southlake, Tarrant
County, Texas, and being all that certain called 3.91 acre tract of land described in deed in favor
of Awesome Auto Crushing, Inc., recorded in Instrument Number D213090840 of the Official
Public Records of Tarrant County, Texas, and being all that certain called 0.999 acre tract of land
described in deed in favor of Car Crushers of Texas,recorded in Instrument Number
D216098291 of the Official Records of Denton County, Texas, and being more particularly
described as follows:
BEGINNING at a 3/4"rebar found on the south line of Dove Road(a public roadway, no record
found) at the northwest corner of said 3.91 acre tract, being the northeast corner of that certain
tract of land described in deed in favor of Scott Parr, recorded in Instrument Number
D212030173 of the Official Public Records of Tarrant County, Texas, said point being, by deed
call, East, 565.4 feet of the northwest corner of said Francis Throop Survey;
THENCE N 89°51'15" E, with the north line of said 3.91 acre tract, in Dove Road,passing at
372.4 feet a 1/2" capped rebar found(PEISER& MANKIN) at the northeast corner of said 3.91
acre tract,being the northwest corner of said 0.999 acre tract, continuing with the north line of
said 0.999 acre tract, passing at 465.4 feet a 1/2" capped rebar found (PEISER& MANKIN) for
witness, continuing a total distance of 466.74 feet to a 3/8"rebar found at the northeast corner of
said 0.999 acre tract, being on the west line of that certain called 0.046 acre tract of land shown
as Lot 42 ROW Dedication according to the Plat Showing Lots 42 and 43, F. Throop Addition,
an addition to the City of Southlake according to the plat thereof recorded in Instrument Number
D215083779 of the Official Public Records of Tarrant County, Texas;
THENCE S 01°55'40" W, with the east line of said 0.999 acre tract and the west line of said
0.046 acre dedication, passing at 3.3 feet a 1/2" capped rebar found(TNP) for witness,passing at
5.7 feet a 1/2" capped rebar found(PROBECK) for witness, passing at 11.4 feet a 1/2" capped
rebar found(RHODES SURVEYING) at the southwest corner of said 0.046 acre dedication,
being the northwest corner of said Lot 42, continuing with the west line of said Lot 42 a total
distance of 468.17 feet to a 1/2" rebar found at the southwest corner of said Lot 42, being the
southeast corner of said 0.999 acre tract and being on the north line of Lot 23, Block B of Triple
C Ranch, Phase I, an addition to the City of Southlake, according to the plat thereof recorded in
Instrument Number D202340277 of the Official Public Records of Tarrant County, Texas, from
which a 1/2" rebar found at the northeast corner of said Lot 23 bears S 88°52' E, 65.9 feet;
THENCE S 89°52'40" W, with the south line of said 0.999 acre tract and the north line of said
Lot 23,passing at 59.1 feet a 1/2" rebar found at the northwest corner of said Lot 23 and the
northeast corner of Lot 24, Block B of said Triple T Ranch, Phase I, continuing with the north
line of said Lot 24,passing at 93.0 feet a 1/2" capped rebar found(PEISER& MANKIN) at the
southwest corner of said 0.999 acre tract and the southeast corner of said 3.91 acre tract,
continuing with the south line of said 3.91 acre tract, passing at 186.1 feet a 1/2" rebar found at
the northwest corner of said lot 24 and the northeast corner of Lot 25, Block B of said Triple T
Ranch, Phase I, continuing with the north line of said Lot 25, passing at 329.4 feet a 1/2" capped
rebar found(PSI) at the northwest corner of said Lot 25 and the northeast corner of Lot 26,
Block B of said Triple T Ranch, Phase I, continuing with the north line thereof a total distance of
452.15 feet to a 3/4"rebar found at the southwest corner of said 3.91 acre tract and the southeast
corner of the aforementioned Scott Parr tract;
THENCE N 00°08'30"E,467.68 feet with the west line of said 3.91 acre tract and the east line
of said Parr tract to POINT OF BEGINNING and containing approximately 4.934 acres of land.
EXHIBIT "B"
Concept Plan, Conditions, and Letter of Concurrence
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a --,��.. o - —.N lV -. Tss.- --- 2. SIZES OF HOMES ARE TO BE DETERMINED. IMPERVIOUS SURFACE COVERAGE 2 M
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I- I 6. ALL WALLS, FENCES, AND SCREENING DEVICES SHALL COMPLY WITH ZONING y F
I ORDINANCE SECTION NO. 480, SECTION 39.5.c.4.
I I 4.93 Acres I 7. ACREAGE OF LOT EXCLUDES FUTURE ROW FOR E. DOVE ROAD.
I I I I IEXISTING I 8. THE LOCATION OF EACH HOME ARE TO BE DETERMINED AND SUBJECT TO
I ProdoBed Land Use.Low Den Ity�}esidential STRUCTURE CHANGE AT TIME OF PLATTING/BUILDING PERMIT SUBMITTAL. AT TIME OF
Proposed Zoning Single Family 9teslcenti8l District(SF-1A) 9. SUBMI
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OF DOUTHLAKE CODE OUTSIDE OF PASOAND ORDINANCES ARE TO BE MET.
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Land-Use Designation Single Family
l'ws,O",r,,s,cxiflOBoes�'""DD I Gross acreage 4.93-Acres(Includes ROW)
EXISTING MAC,
I ZONING:AGRICULTURAL I UNE alie once I Net Acreage 4.84-Acres(Excludes ROW)
La.L� -Law DENSITYRESIDEN>I watINOI I Residential Square Footage TBD(Per Building Permit)
— -- I Total Floor Area TBD(Per Building Permit)
I Number of Lots 3
I j I Total Land-Use 4.93-Acres
I I Dwelling Units per Acre(DUA) 0.60 DUA
ENSTIO TRACT UNE PROPOSED LOT UNE PROPOSED LOT UNE EIp51wo TRACT LINE Impervious Surface Coverage TBD(Per Building Permit)
l L 40'-SUI1Z1Na-Li t J L,to'-Btli@IRE DRd L 40'BUI NG LINE --"J
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REVIEW SUMMARY
Case No.: ZCP22-0019 Review No.: Four Revised Review: 06/21/22
Project Name: Concept Plan — 1211 E. Dove Road
APPLICANT: ENGINEER:
McAdams McAdams
Ashton Miller Darren Andrews, PE
111 Hillside Drive, Lewisville, TX 111 Hillside Drive, Lewisville, TX
Phone: 972.931.1006 Phone: 972.931.1006
Email: amiller@mcadamsco.com Email: dandrews@mcadamsco.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
06/14/22 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
REAGAN ROTHENBERGER AT (817) 748-8602.
The following are informational comments:
• Final determination of ROW and easement boundaries will occur during the platting phase.
• All future plans should refer to a Type "B" Bufferyard being required.
• A CO shall not be issued until on-site sanitary sewers have been reviewed and approved by
Tarrant County Health Services.
• Although there are a couple of side lot lines that are not radial or perpendicular to the street, as
required by the Subdivision Ordinance No. 483, as amended, Section 8.01 D, the configuration
appears to meet the intent.
• All lots, following any required right-of-way dedication to meet the minimum residential street
requirements, must be a net 1.0 acre (43,560.0 sf) minimum in land area to comply with the
minimum lot area of the proposed zoning district and for the use of an On-site Sanitary Sewer
Facility, OSSF, under the Zoning Ord, No. 480, as amended, Section 33.14 (unless lots can be
served by public Sanitary Sewer)
Reagan C. Rothenberger, MPA
Principal Planner
Phone: (817) 748-8602
rrothenberger@ci.southlake.tx.us
Tree Conservation/Landscape Review
The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance. There is 62% of existing tree cover on the site and a
Case No.
ZCP22-0019 Page 1 Attachment C
Page 1
minimum of 40% of the existing tree cover is required to be preserved. The applicant is proposing to
preserve a maximum of 73.4% of the existing tree cover which includes both protected and marginal trees.
* 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%
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.
* 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.
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
Public Works/Engineering Review
* This review is preliminary. Additional requirements may be necessary with the review of the civil
construction plans.
* Cross Lot drainage is not allowed. Ensure that lot line swales are provided to direct drainage to flow
toward Dove Rd. rather than allowing drainage to flow across lots.
Case No.
ZCP22-001 9 Page 2 Attachment C
Page 2
*=Denotes informational comments that will need to be addressed on the first submittal of the Civil Construction
Plans.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
Fire Department Review
No comments based on submitted information.
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
General Informational Comments
• The Development Review Committee (DRC) has determined this submittal is sufficient for formal
submittal to the Planning and Zoning Commission. 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 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 that conforms to the
underlying zoning of the site 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
Case No.
ZCP22-0019 Page 3 Attachment C
Page 3
N A
Fort Worth . Dallas . Austin . Houston
June 21, 2022 VIA EMAIL: rrothenberger@ci.southlake.tx.us
Reagan Rothenberger, Principal Planner
City of Southlake - Planning and Development Services
1400 Main Street, Suite 310
Southlake,Texas 76092
RE: ZA22-0019 - 1211 & 1311 E. Dove Road
Mr. Rothenberger,
Please accept this letter of transmittal as confirmation of our application for re-zoning and
concurrence with the conditions associated with the Planning & Zoning recommendation
and City Council approval of the herein referenced re-zoning case.
• Driveways for the future homes to be constructed on lots 1,2 &3 of the referenced re-zoning
case shall be constructed to discourage the need for street parking onto East Dove Road by
providing an adequate on-site turn-around
• Residential Screening shall comply with Zoning Ordinance Section 39.5.c.4. Wrought iron
fencing (aka ornamental metal)with masonry columns shall be provided between the buffer
yard and the front yard setback along East Dove Road complimenting the existing adjacent
neighborhood, Lakes on Dove Addition
• An 8.0' Board-on-Board wood fence shall be provided along the western property line of Lot
1 of the zoning concept plan.
Thank you for your coordination in this matter and consideration of our re-zoning request.
Re•ards,
0.#
obert J. Betancur
Vice President
Zena Land Development LP
218.W.Wall Street,Grapevine,Texas 76051
Metro(817)424-1392 Fax(817)421-6910