480-463CITY OF SOUTHLAKE, TEXAS
OFFICIAL RECORD
ORDINANCE NO.480-463
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 LOT 1, LARKIN H. CHIVERS NO. 300
ADDITION, LOTS 1 & 2, BLOCK 1, CALLICOTT/RHODES FARMS, AND
TRACTS 1A3, 1113A, & 113313, SITUATED IN THE A. CHIVERS SURVEY,
ABSTRACT NO. 300, BEING APPROXIMATELY 37.0 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE"
SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT, "SF -IA" SINGLE
FAMILY RESIDENTIAL DISTRICT, AND "AG" AGRICULTURAL
DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT
DISTRICT WITH "SF-20A" SINGLE FAMILY RESIDENTIAL DISTRICT
USES AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING "PUD" DEVELOPMENT STANDARDS, 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
Case No. Ordinance No.480-463
ZA05-063 Page 1
WHEREAS, the hereinafter described property is currently zoned "RE" Single Family
Residential Estate District, "SF-lA" Single Family Residential District, and "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
Case No. Ordinance No.480-463
ZA05-063 Page 2
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 Lot 1, Larkin H. Chivers No. 300 Addition, an addition to the City of Southlake,
Case No. Ordinance No.480-463
ZA05-063 Page 3
according to the plat recorded in Cabinet `A', Slide 4921, Plat Records, Tarrant County,
Texas, Lots 1 & 2, Block 1, Callicott/Rhodes Farms, an addition to the City of Southlake,
according to the plat recorded in Cabinet `A', Slide 3539, Plat Records, Tarrant County,
Texas, and Tracts 1A3, 1B3A, & 1B3B, situated in the A. Chivers Survey, Abstract No.
300, being approximately 37.0 acres, and more fully and completely described in Exhibit
"A" from "RE" Single Family Residential Estate District, "SF -IA" Single Family
Residential District, and "AG" Agricultural District to "R-PUD" Residential Planned Unit
Development District with "SF-20A" Single Family Residential District uses as depicted
on the approved Development Plan, including "PUD" development standards, attached
hereto and incorporated herein as Exhibit "B", and subject to the following specific
conditions:
1. Approving the development regulation that the minimum area of a lot shall not be less than
fifteen thousand (15,000) square feet.
2. Approving the development regulation that the minimum front yard of a lot shall not be
less than thirty (30) feet.
3. Approving the development regulation that the minimum side yard shall not be less than
ten (10) feet.
4. Approving the development regulation that the minimum side yard abutting a street shall
not be less than twenty-five (20) feet unless otherwise noted.
5. Approving the development regulation that each lot shall have a minimum width of eighty
(80) feet.
6. Approving the development regulation that each lot shall have a minimum rear yard of
thirty (30) feet.
7. Approving the development regulation that Section 8.01E of the Subdivision Ordinance
No. 483, as amended, regarding lot width along the rear property line of certain lots shall
not apply to property within this Residential Planned Unit Development.
8. Approving the development regulation that Section 8.01 G of the Subdivision Ordinance
No. 483, as amended, regarding buffer lots adjacent to certain lots shall not apply to
property within this Residential Planned Unit Development.
9. Approving the development regulation that streets DI and D2 are one-way streets with a
right-of-way of thirty-two (32) feet and street pavement width of twenty-two (22) feet.
10. Approving the development regulation that the maximum street centerline radius for
curvilinear street design requirements shall be 1600 feet.
11. Noting the developer has agreed to make street adjustments, particularly the north street
coming out onto E. Dove Street and the south stub heading into the Aventerra property, in
order to maximize tree preservation.
Case No. Ordinance No.480-463
ZA05-063 Page 4
12. Requiring the developer to provide a minimum 10 feet wide landscape easement over the
required bufferyard along E. Dove Street to be dedicated to the Home Owner's
Association.
13. Noting the developer stated the entry features would be similar to the current entries into
Estes Park.
14. Noting there would be a trail that connects to the trail planned in front of the Brentwood
property to the south along White Chapel Blvd..
15. Noting there would be a trail provided along the frontage of E. Dove Street and N. White
Chapel Boulevard.
16. Subject to the following comments from Development Plan Review Summary No. 3, dated
July 27, 2005:
a. Provide a Pedestrian Access Easement along the frontage of Lots 2 through 7 and Lots
12 through 19, Block 2, for the proposed trail. A Pedestrian Access Easement is
required for any sidewalks that encroach onto private property.
b. Where adjacent property is un-platted or platted showing a 5' U.E., provide a 5' U.E.
along the property line. If adjacent property is platted and shows no easement, provide
a 10' U.E. along the interior of the property line. However, Staff recommends that
easements be placed only where needed to provide necessary utility services and,
where possible, be placed in a manner that minimized impacts on existing quality trees.
c. Label the width of all sidewalks. The subdivision will require 4' sidewalks on both
sides of the streets.
d. Road D should be placed to maximize tree preservation. The applicant has provided a
note stating that the entrance pavement and R.O.W. may be adjusted with final plans to
protect more trees.
e. Relocate the street stub into adjacent south property either to the east or west to
maximize tree preservation.
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
Case No. Ordinance No.480-463
ZA05-063 Page 5
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.
Case No.
ZA05-063
Ordinance No.480-463
Page 6
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
or its caption and penalty together with a notice setting out the time and place for a public hearing thereon
at least fifteen (15) days before the second reading of this ordinance, and if 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.
Case No. Ordinance No.480-463
ZA05-063 Page 7
PASSED AND APPROVED on the 1st reading the 19tb day of July, 2005.
MAYOR
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CITY SECRETA Y
PASSED AND APPROVED on the 2nd reading the 2nd day of August, 2005.
MAYOR
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CITY SECRETARY
AP/P'ROVED AS O FORM AND LEGALITY:
CITY ATTORNEY
DATE: ��- -
ADOPTED: '�- 2-
EFFECTIVE: �3'457'0<
Case No. Ordinance No.480-463
ZA05-063 Page 8
EXHIBIT "A"
Being Lot 1, Larkin H. Chivers No. 300 Addition, an addition to the City of Southlake, according to the
plat recorded in Cabinet `A', Slide 4921, Plat Records, Tarrant County, Texas, Lots 1 & 2, Block 1,
Callicott/Rhodes Farms, an addition to the City of Southlake, according to the plat recorded in Cabinet
`A', Slide 3539, Plat Records, Tarrant County, Texas, and Tracts 1A3, 1B3A, & 1B3B, situated in the A.
Chivers Survey, Abstract No. 300, being approximately 3 7. 0 acres:
PROPERTY DESCRIPTION
BEING a tract of land out of the Larkin H. Chivers Survey, Abstract No. 300 located in the City of Southlake, Tarrant County, Texas, being all
of that called 11.511 we tract described in Deed to Trigg Moore and wife Traci Moore as recorded In Volume 14311, Page 307, Tarrant
County Deed Records, also being all of that called 9.9% acres described in Deed to Trigg C. Moore & wile Traci D. Moore as recorded in
Volume 13447, Page 206, Tanza Courfy Deed Records, also bang of of that tract of land described in Deed to Joanne Pokiadrtik recorded
in Volume 12408, Page I T7, Tarrant County Deed Records, also being all of that called 7.172 we tract described in Deed to Cari Rhodes
and husband Kevin Rhodes as recorded in Volume 12541, Page 1325, Tarrant County Deed Records, also being all of that called 1.00 acre
tract described in Deed to Carl CaOcott Rhodes and Kevin Rhodes as recorded in Volume 12703, Page 817, Tarrant County Deed Records,
also being the all of the called 4.89 acre remainder of a 5.884 acre tract described in Deed to Sonja Calfioott as recorded in Volume 9345,
Page 680, Tarrant County Deed Records, and being more fully described as follows;
BEGINNING at the northwest comer of Lot 1, Larkin H. Chivers Addition No. 300, an Addition to the City of Southlake as recorded in Cabinet
A, Slide 4921, Tarrant County Plat Records, said point being in the east right-of-way One e4 White Chapel Boulevard (47 feet from centerline),
said pant being in the north kne of said 9.998 acre Moore tract.
THENCE North 89 degrees 28 minutes 39 seconds East 979.11 feet to a point for caner, said point being in the northwest line of said
11.511 acre Moore tract, said point also being the southeast comer of Lot 4R2, Block 1, Amaya Adcition to the City of Southlake as recorded
in Volume 38&-148, Page 57, Tarrant County Plat Records.;
THENCE North 00 degrees 15 minutes 25 seconds East, 433.75 feet along the northwest One of said 11.511 acre Moore tract and the east
line of said Lot 4112 to a point for caner, said point being in the approximate car dedine of existing Dove Road (variable width R.O.W.):
THENCE North 89 degrees 39 rninxirtes 50 seconds East: 276.60 feet along the approurate centerline of Dove Road to a point for comer,
being the northeast comer of said 11,511 acre tract
THENCE South 0 degrees 17 minutes 13 seconds East, 29.60 feet along tie east Erie of said 11.511 acre tract to a point for comer, being
the northwest comer of said Pokladnik tract:
THENCE North 89 degrees 31 minutes 45 seconds East, 203.74 feet along the north line of said Pokfadnik to a point for comer,
THENCE South 00 degrees 17 minutes 21 seconds West, 12.74 feet along the east tine of said Pokladnik tract to a point for comer; said
point being the northwest comer of Lot 1, Block 1, CallicotttRhodes Fames, an AcIdtion to the City of Southlake as recorded in Cabinet A
Page 3539, Tarrant County Plat Records, said point also being in the south right-of-way One of East Dove Road as shown on said plat
THENCE South 89 degrees 58 mine 22 seconds East, 263.60 feet along the north line of said Lot 1 and the south righl:4-way One of
East Dove Road to a pant for comer, being the northeast comer of said Lot 1
THENCE along the west line of said Callico tfRhodes Farm Addition as follows:
South 01 degrees 08 minutes 47 seconds West 836A9 feet to a point for comer,
South 89 degrees 39 minutes 04 seconds East 206.92 feet to a point for cornier;
South DO degrees 13 minutes 07 seconds West, 483.29 feet to a pant for comer, being lire southeast correr:r of said
CalkcottiRhodes Farm Addition, being in the north line of a tract of land described in Deed to Westerra Southlake, L.P. as recorded in
Volts 12615, Page 339, Tarrant County Deed Records:
THENCE North 89 degrees 59 minutes 19 seconds West, 1,126.93 feet akM the north line of said Westerra South lake L.P. tract to a point
for comer,
THENCE North 00 degrees 17 minutes 13 seconds West, 467,20 feet to a point for carper in the south line of the aforementioned 9.996 acre
Moore tact
THENCE North 89 degrees 59 minutes 13 seconds West, 779A3 feet to a point for corner„ being in the east right-of-way litre of White
Chapel Boulevard (47 feet from centerline), sad point being the southwest comer of the artoremetrrtioned 9.996 acre Moore tract;
THENCE North 00 degrees 03 minutes 05 seconds West, 447.07 feet along the east right-of-way tine of White Chapel Boulevard to the
POIIHT OF SEGINNIQ and containing 37.0 acres of land, more or less.
Case No. Ordinance No.480-463
ZA05-063 Page P461
EXHIBIT "B"
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Case No. Ordinance No.480-463
ZA05-063 Page X 10
Residential Planned Unite Development District
for
Estes Park TV
T his 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, with the follolAring exceptions:
Lot Area: The minimum area of a lot shall not be less than fifteen thousand (15,000)
square feet.
Front Yard: The minimum front yard of a lot shall not be less than thirty (30) feet.
Side Yard: The minimum side yard shall not be less than ten (10) feet
Side Yard
Adjacent to
a Street: The minimum side yard abutting a street shall not be less than twenty (20)
feet, unless othenvise noted,
Lot Width- Each lot shall have a minmumwidth of eighty (80) feet.
bearYard: Fach lot shall have a minimum rear yard of thirty (30) feet,
Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width
along the rear property line of certain lots shall not apply to property within this
Residential Planned Unit Development,*
Section 8.010 of the Subdivision Ordinance No. 483, as amended, regarding buffer lots
adjacent to certain lots shall not apply to property within this Residential Planned Unit
Development.
Right of Way: Streets, a North and a South, DI and D2, are one,vay streets with Right
of 'Way of thirty-two (32) feet and street pavernent uridth of twenty-two (22) feet,
*The proposed maxinium street centerline radius for curvilinear street design
requirements shall be MOW,
Case No. Ordinance No.480-463
ZA05-063 Page 19 11
TERRAIESTES PARK II, LP
June 30, 2005
RE: Proposed Zoning for Estes Park IV. Dove Road, Soutlrlake, TX
The owners of 4 tracts of land at the southeast corner of Dove Road and White Chapel contracted with
Terra Land Management and Hat Creek Development to sell their property. This totals approximately 37
acres. Our proposed land use is for single-family custom homes.
Currently the land use plan calls for low density residential on all the land soutlr of Dove Road. The
same site influences effect Phase IV as did Phase I. Noise from the airport, proximity to Adventerra
zoned commercial property are influences that point us to a more planned project then the straight one
acre lots. As we started our planning and visiting with neighbors on Estes Park I, we discovered more
important to them were open space, trails, reducing traffic on Dove Road. The neighborhood, Planning
and Zoning Commission, and City Council members jointly came up with a plan that best served the
neighborhood_ The plan being submitted continues that same concept.
Contracting the 4 tracts as a single project has been the hardest part of this process, but we feel gives the
city a superior neighborhood. Our plan calls for an extension to the Estes Park concept of many small
parks connected to the neighborhoods by trails. The entry off Dove Road starts out with a 3-acre park
(50% larger then the Town Square Park) as the focal entry to the site, As with Estes Park, we plan for
required street trees, wrought iron fencing and the quality that has started in Estes Park phase I. In
addition we also commit to planning around and saving as many of the existing trees as possible.
During the zoning of Phase I the residents along Dove Road were concerned about the traffic. This phase
of Estes park is crucial in that it will complete the plan and allow interior traffic to access White Chapel
without going on Dove. Interior lots will now have the option of going east to Carroll and west to White
Chapel through their neighborhood rather then using Dove Road. In the future we have stubbed out roads
south so that there will also be additional connectivity through the Adventerra project to Adventerra
Boulevard and Hwy 114.
Our plan has large lots adjacent to the existing homes on one acre. There is also typically less then one
tot backing up to each existing home. These larger lots also face the entry park making these very
attractive lots.
Terra Land Management and Hat Creek Development are requesting approval of this RPUD so that there
is a continuity buffer between the one -acre lots facing Dove Road and north of Dove Road and the future
development of Adventerra.
Sincerely,
JP
at(ai
Case No.
ZA05-063
Terra/Estes Park II, LP
** 2379 N. Carroll, Suite 200 * Southlake, Texas 76092 * Pb 817-329-3111 * Fax 817-329-3854 **
Ordinance No.480-463
Page 1A ( Z
INVOICE
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Customer ID:
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Invoice Number:
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Federal Tax ID 22-3148254
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Order Number:
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SOUTHLAKE, TX 76092-7604
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Publication Date:
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THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and
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that the attached clipping of an advertisement was pub
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