480-452OFFICIAL RECORD
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-452
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 1A2, SITUATED IN THE LARKIN H.
CHIVERS SURVEY, ABSTRACT NO. 300, BEING
APPROXIMATELY 8.681 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-30" SINGLE FAMILY
RESIDENTIAL DISTRICT, 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
Case No. Ordinance No. 480-452
ZA04-103 Page 1
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
Case No. Ordinance No. 480-452
ZA04-103 Page 2
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 Tract 1A2, situated in the Larkin H. Chivers Survey, Abstract No. 300, being
approximately 8.681 acres, and more fully and completely described in Exhibit "A",
attached hereto, from "AG" Agricultural District to "SF-30" Single Family Residential
District and in accordance with the Concept Plan, attached hereto as 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.
Case No. Ordinance No. 480-452
ZA04-103 Page 3
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
Case No. Ordinance No. 480-452
ZA04-103 Page 4
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
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. 480-452
ZA04-103 Page 5
PASSED AND APPROVED on the 1st reading the 15th day of IThich92005.
MAYOR
ATTEST: •11191411118",
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I G •y
CITY SECRETARY ° ® • .
PASSED AND APPROVED on the 2nd reading the 6 1 day of _, 2005.
MAYOR
ATTEST:
J�&A- 6k -
CITY SECRETAR
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY`"
DATE: t o - q- t) s
ADOPTED:
EFFECTIVE: q — Qj —0!:
Case No. Ordinance No. 480-452
ZA04-103 Page 6
EXHIBIT "A"
Being Tract IA2, situated in the Larkin H. Chivers Survey, Abstract No. 300, being approximately 8.681
acres.
All that certaiu tract or pwwJ of 1wW lying and being situated in the Cq of Sot Wad, Ta tram
County, Texas and being a part of the LIMN H. CHPJERS SURVEY, ABSMCT
Nt1hSER 30D and also b g tirc smw tract of had conve* to W libum George Davis by deed
recorded in Volume. 6059 Pam 633, Deed R ords, Tu rant County, Texas,
REGROM0 at a point to the Sm& line of Lot 1, Larkin H- Chirps Additton No. 30D, found
Cabrnet A, Slime 4921, Fiat Rocords, Tarrant County, Texas and being South 89 degrees 46
minutes 40 ids 129.07 faa from tit Southeast corner of said Addition."
T14ENCE Sou& OD &W= 01 minutes 36 seocmds "Vest. 467.E feet to a paint for corner,
'THENCE North 89 degrm 51 n-Anutes 53 seoonds Wea 361.95 feet to an ag& point,
TBENCE South 89 degrees: 44 minutes 56 seconds West 444.93 feet to a polm for corner,
THENCE North OD degreas 01 aninutm 29 seconds East 471.49 fret to a point for corner,
THENCE South. 89 doggies 46 nninut,es 40 wxonds East 806.79 fou to the POINT OF
BBGRWNG and containing 8.681 acres of land, mom or less.
Case No. Ordinance No. 480-452
ZA04-103 Page 7
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Case No. Ordinance No. 480-452
ZA04-103 Page 8
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Exhibit `B' Continued
Conditions of Concept Plan Approval
No street stub to be required into the east boundary;
2. Subject to a maximum of nine (9) lots.
Accepting the applicant's willingness to use wrought iron fencing with stone columns along the
north, east, and south boundaries;
4. Noting that this proposal deviates slightly from the Land Use Plan but specifically noting the low
density nature of the proposal;
5. Requiring the entrance wall on the west side to be made of stone and either be 6 feet in height or
with a 3 feet berm and a 4 Meet fence of stone and may have some breaks with wrought iron
fencing;
6. Requiring the fencing on the north, south and east sides be a minimum 6 feet high, made of cedar,
board on board with capped construction similar to the exhibit provided at tonight's meeting (see
attached) and have stone columns that match the west wall at a minimum spacing of 32 feet on
center;
7. Requiring the CCRs address maintenance of the fencing;
8. Requiring the fencing that is located between the lots and is approximately perpendicular to the
street to have a minimum requirement of 6' dog-eared wood fencing;
9. Requiring any fencing between the houses that is visible from and approximately parallel to the
street be wrought iron.
Case No. Ordinance No. 480-452
ZA04-103 Page 9
Exhibit `B' Continued
Case No. Ordinance No. 480-452
ZA04-103 Page 10
CASE NO
PROJECT
City of Southlake
Department of Planning
STAFF REPORT
September 27, 2005
ZA04-103
Zoning Change and Concept Plan for Proposed Lots 1-9, Brentwood
Addition
REQUEST: On behalf of Wilburn G. Davis, Four Peaks Development is requesting approval a
zoning change and concept plan from "AG" Agricultural District to "SF-30" Single
Family Residential District. The plan proposes the development of 9 residential lots
on 8.681 acres.
Staff recommends a street stub into the east boundary. The applicant is requesting
that the street stub not be required.
ACTION NEEDED: Final MEMO
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 5, dated March 30, 2005
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-452
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (481-2036)
Dennis Killough (481-2073)
Case No.
ZA04-103
OWNER:
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY:
CURRENT ZONING:
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA04-103
BACKGROUND INFORMATION
Wilburn G. Davis
Four Peaks Development
2055 N. White Chapel Boulevard
Tract 1A2, Larkin H. Chivers Survey, Abstract No. 300
Low Density Residential
"AG" Agricultural District
"SF-30" Single Family Residential District
There is no development history on this property. No structures exist on the
property.
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends N. White Chapel Boulevard
adjacent to the proposed subdivision to be an undivided, 5-lane arterial
roadway with 94 feet of right-of-way with a continuous, two-way, center left -
turn lane. Right-of-way is being dedicated accordingly.
Existing Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with N. White
Chapel Boulevard.
Currently, N. White Chapel Boulevard is a 2-lane, undivided roadway. The
capacity of the existing roadway is approximately 8,400 vehicle trips per day.
Under this condition, the roadway would be considered to operate under a
level of service `D'. Completion of this development will add approximately
86 vehicle trips per day to this section of N. White Chapel Boulevard,
bringing it to 3,566 vehicle trips per day. There are no plans for
improvement in the near future.
May, 2004 traffic counts on N. White Chapel Blvd (between Dove St
and SH 114
24hr
North Bound (NB) (1,603)
South Bound SB (1,877)
NB
Peak A.M. (140) 8 — 9 a.m.
Peak P.M. (168) 5 — 6 p.m.
SB
Peak A.M. (175) 8 — 9 a.m.
Peak P.M. (143) 5 — 6 p.m.
Attachment A
Page 1
Traffic Impact
Use
# Lots
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM
OUT
Single -Family Residential
9
86
2
5
6
3
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel
times on N. White Chapel Boulevard.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not recommend any trail or
sidewalk improvements adjacent to this site. The plan recommends an eight
(8) foot paved multi -use trail on the west side of N. White Chapel Boulevard.
The subdivision ordinance requires minimum 4-foot wide sidewalks on both
sides of the street within the subdivision and must provide safe connections
to City trails and sidewalks. The sidewalks are shown on the concept plan.
WATER & SEWER: The applicant proposes to extend a 12-inch water line on the east side of N.
White Chapel Boulevard from an existing 12-inch water line along Dove
Street. The applicant is proposing to extend sanitary sewer from the northeast
to the subdivision.
TREE PRESERVATION: An aerial photograph was submitted with the Preliminary Plat submittal. The
dominant existing trees on the site are Post Oak. It shows that some trees
could be preserved in the right-of-way turnabout median and on the lots.
There are no trees existing in the off -site retention pond area or in the Storm
Sewer Easement on site leading off the site.
P&Z ACTION: February 17, 2005; Approved to table (5-0) until March 3, 2005.
March 3, 2005; Approved (6-0) subject to Concept Plan Review Summary
No. 4, dated February 25, 2005; eliminating the street stub and subject to a
maximum of nine (9) lots.
COUNCIL ACTION: March 15, 2005; Approved first reading on Consent (6-0) subject to the
Planning and Zoning Commission's recommendation and accepting the
applicant's willingness to use wrought iron fencing with stone columns along
the north, east, and south boundaries and noting that this proposal deviates
slightly from the Land Use Plan but specifically nothing the low density
nature of the proposal.
Case No.
ZA04-103
April 5, 2005, Approved second reading (6-0) subject to Concept Plan
Review Summary No. 5, March 30, 2005 with the following amendments:
requiring the entrance wall on the west side to be made of stone and either
be 6 feet in height or with a 3 feet berm and a 4 1/2 feet fence of stone and
can have some breaks with wrought iron fencing; requiring the fencing on
the north, south and east sides be a minimum 6 feet high, made of cedar,
Attachment A
Page 2
board on board with capped construction similar to the exhibit provided at
tonight's meeting and have stone columns that match the west wall at a
minimum spacing of 32 feet on center; requiring the CCRs address
maintenance of the fencing; requiring fencing between the lots and
approximately perpendicular to the street have a minimum requirement of
6' dog-eared wood fencing; requiring any fencing between the houses that
is visible from and approximately parallel to the street be wrought iron;
and eliminating the street stub.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 5, dated March 30, 2005.
The City's Land Use Plan designates this area for "Low Density Residential"
development which is defined as follows:
The Low Density Residential category is for detached single-family
residential development at a net density of one or fewer dwelling
units per acre. Other suitable activities are those permitted in the
Public Parks / Open Space and Public / Semi -Public categories
described previously. The Low Density Residential category
encourages the openness and rural character of the City of Southlake.
"Net density" according to the City's Subdivision Ordinance No. 483, as
amended, is defined as follows:
DENSITY, NET: The number of dwelling units per net acre.
ACREAGE, NET: The acreage included within the boundary line of
a particular subdivision, tract, parcel, lot, etc., but excluding all public
rights -of -way.
It is staff s opinion that in order for this development to fully comply with the
City's Land Use Plan, it must have a net density no greater than 1 dwelling
unit per net acre of the development. The net acreage is the amount of gross
area of the development less any existing or proposed public rights -of -way.
The net density for this development is 1.24 du/ac.
A justification letter from the applicant is included as part of Attachment `C'.
Any motion for approval of this item should include justification for non-
compliance with the Land Use Plan.
N:\Community Development\MEMO\2004cases\04-103Z.doc
Case No. Attachment A
ZA04-103 Page 3
Vicinity Map
Lots 1 - 9, Brentwood Addition
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1000 0 1000 2000 3000 Feet
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Case No. Attachment B
ZA04-103 Page 1
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Case No. Attachment C
ZA04-103 Page 1
Case No.
ZA04-103
Attachment C
Page 2
Four Peaks Development, Inc.
Planning and Zoning Department
Attn: Ben Bryner
City of Southlake
1400 Main St., Suite 310
Southlake, Texas 76092
Re: ZA04-103 & -4-104
Dear Ben,
In response to item 1. of the Plat Review Summary dated January 24, 2005 please accept
this as our written justification for requesting a zoning that is not in compliance with the
City's Land Use Plan for the subject property.
We are requesting SF-3 0 zoning which is described in the City Zoning Ordinance as
being "moderately low density". Whereas we realize that the Land Use Plan's definition
of low density is for full one acre lots we would suggest that the SF-30 category is in
reality a very low density residential utilization.
The subject property fronts on N. White Chapel Rd_ which is slated to become a 94' wide
Arterial in the future. In addition, the property abuts the north side of the Aventerra
property which currently is planned as a commercial use development. Moreover,
directly across N. White Chapel is more Aventerra property slated for commercial
development. The property abutting the north side of the subject property is currently
zoned RE and the City Subdivision Ordinance in Article VIII section 8.01 G requires that
a 30,000 sq.ft. minimum lot size when abutting RE zoned property. This would suggest
that the proposed SF-30 zoning is appropriate in this area. Moreover, less than mile to
the east a new development has been constructed with lot sizes much smaller than what is
being requested for the subject property. The lots in Estes Park are as small as 15,000 s.f
Estes Park was also in an area of the Land Use Plan that called for Low Density.
726 Commerce St., Ste. 109 • Southlake, TX 76092 • (817) 329-6996 - Fax (817) 481-4074
Case No. Attachment C
ZA04-103 Page 3
Like Estes Park the subject property is impacted somewhat by aircraft noise due to the
nearby approach pattern for DFW. It is also impacted by road noise from Hwy. 114.
We feel that the SF-30 zoning would provide an excellent buffer use between the
commercial properties to the south and west while maintaining a low density look and
feel and yet allow the development to be a viable endeavor.
Sincerely,
X�fo�e
David McMahan
Principal
Case No. Attachment C
ZA04-103 Page 4
PLAT REVIEW SUMMARY
Case No.: ZA04-103 Review No.: Five
Project Name: Zoning Change/Concept Plan — Brentwood Addition
APPLICANT: Four Peaks Development, Inc.
David McMahan
726 Commerce St, Suite 109
Southlake, TX 76092
Phone: (817) 329-6996
Fax: (817) 481-4074
Date of Review: 03/30/05
ENGINEER: Huitt-Zollars, Inc.
Ocie Vest
3131 McKinney Ave, Suite 600
Dallas, TX 75204
Phone: (214) 871-3311
Fax: (214) 871-0757
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/09/05 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481-2086.
1. Correct the existing zoning on the Westerra Southlake property across N. White Chapel Blvd to
`Detailed Site Plan (S-P-ly.
2. Provide sufficient street stubs into adjacent property. Staff recommends a street stub to the east.
INFORMATIONAL COMMENTS
* The subject property must comply with the City of Southlake Drainage Ordinance No. 605, as
amended.
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the
intent of this requirement.
* It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No.
479. Additionally, the "Avigation Easement and Release" shown in Appendix 3 of the Subdivision
Ordinance No. 483 should be executed on subsequent Plats to be filed in the County Plat Records.
* A Developers Agreement is required prior to construction of any public infrastructure. The
Developer's Agreement for this addition should consider streets, drainage, park dedication
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact
fees.
Case No. Attachment D
ZA04-103 Page 1
TREE PRESERVATION ANALYSIS
(Residential Subdivision Development)
Case: 04-104 Date of Review: January 20, 2005 Number of Pages: 1
Project Name: Proposed Lots 1-10 White Chapel Addition (Preliminaa Plat)
THIS ANALYSIS IS PREPARED AT THE TIME OF REVIEW OF THE ABOVE REFERENCED
PROJECT AND IS TO PROVIDE AN ANALYSIS OF THE PLAN OR SURVEY AND THE IMPACT OF
CONSTRUCTION ON ANY PROTECTED TREES ON THE SITE. FOR ANY QUESTIONS OR
CLARIFICATION CONTACT KEITH MARTIN, LANDSCAPE ADMINISTRATOR AT (817) 481-5640
TREE PRESERVATION COMMENTS:
1. An aerial photograph was submitted with the Preliminary Plat submittal. The dominant existing trees
on the site are Post Oak. It shows that some trees could be preserved in the right-of-way turnabout
median and on the lots. There are no trees existing in the off -site retention pond area or in the Storm
Sewer Easement on site leading off the site.
Residential Subdivision Development: In a residential subdivision, all protected trees that the
Landscape Administrator determines must be altered in order to install utility lines within public
R.O.W. or utility easements or drainage easements as shown on an approved Final Plat, or to achieve
the cut/fill drainage as designated on the master drainage construction plan, shall be exempt from the
tree replacement and tree protection requirements listed in Sections 7 and 8 of the Tree Preservation
Ordinance. Any protected trees within these areas that the Landscape Administrator determines do
not have to be altered shall be subject to the tree protection requirements listed in Section 8 of the
Tree Preservation Ordinance, but not to the tree replacement requirements listed in Section 7 of the
Tree Preservation Ordinance. All other areas of the subdivision shall be subject to both the tree
replacement and the tree protection requirements, and all other provisions of the Tree Preservation
Ordinance.
Case No. Attachment D
ZA04-103 Page 2
City of Southlake
Parks and Recreation Department
Development Review Committee (DRC) Comments
Contact: Chris Carpenter, AICP
817-481-1585
ccarpenterk ci. southlake.tx.us
Project: ZA 04-103, Zoning Change for Woodmont Addition
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/10/05 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PROJECT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT CHRIS CARPENTER AT (817) 481-1585.
Pathway Comments:
1. No off -road trail required in east N. White Chapel right-of-way.
Park Dedication Comments:
This property has not previously been platted and is therefore required to meet park land dedication
requirements of Article VII in the City of Southlake's Subdivision Ordinance No. 483, as amended.
This development is noted as being in or near a service area for "existing" park resources in the Park
Master Plan and otherwise has a land dedication equivalent of only 0.25 acres. Therefore, staff
recommends a fee payment alternative, which for a 10 dwelling unit residential development at
$1,500 per dwelling unit amounts to $15,000. This fee will be required to be paid upon approval of
the Developer's Agreement at the time of a pre -construction meeting and with the transfer of other
development fees.
Case No.
ZA04-103
Attachment D
Page 3
Surrounding Property Owners
1801 White Chapel Road
S
Owner
Zoning
Land Use
Acrea ,
1. Westerra Southlake Lp.
"S-P-2"
Mixed Use
56.580
2. Morre, Trigg & Traci
"RE"
Low Density Resid.
9.500
3. Morre, Trigg & Traci
"AG"
Low Density Resid.
11.330
4. Westerra Southlake Lp.
"NR-PUD"
Mixed Use
35.000
5. Leach, Chere
"AG"
Mixed Use
1.820
6. Thrasher, Wesley & Terri
"AG"
Mixed Use
1.788
7. Thrasher, Imogene
"AG"
Mixed Use
1.082
8. Shivers Family Ptnrship Ltd.
"AG"
Mixed Use
38.376
9. Davis, Wilburn George
"AG"
Low Density Resid.
8.645
Case No. Attachment E
ZA04-103 Page 1
Surrounding Property Owner Responses
Lots 1-10, Brentwood Addition
Notices Sent: Seven (7)
Responses: One (1) from outside the 200' notification area.
• Bob Bonchak, 1820 Hunters Creek Drive, Southlake, TX 76092; opposed. See attached email
received 2-28-05.
Case No.
ZA04-103
Attachment F
Page 1
Subject: ZA04-103 (Brentwood Addition)
Please record my opposition to the Commission's approval of the subject application, which application requests a
zoning change from Agricultural District to SF-30.
The property in question is designated as Low Density ("... a net density of one or fewer dwelling units per acre.")
in the current Land Use Plan. Over 80% of the subject property is contiguous with land designated as Low
Density. Almost 44% of the contiguous land is zoned Agricultural (maximum residential density, 0,10), and 39%
is zoned Residential Estate (maximum residential density: 0.20). Approving zoning with a density greater than
1.0 (SF -IA) is contrary to City policy, as expressed in the adopted Land Use Plan, and inconsistent with the vast
majority of contiguous land zoning. To approve SF-30 zoning for the subject property, based upon the argument
that (less than one -fifth of the) contiguous; undeveloped, property is designated Mixed Use pushes the bounds of
rationality and credibility,
Contrast and compare the Commission's approach to ZA04-103 with it's approach to case ZA04-097. The latter
application (ZA04-97) contemplated dividing an approximate two acre parcel into one lot approximating 314 acre
and another lot of over one acre. The smaller tract required approval of SF-30A zoning. The existing Land Use
designation for the property (Low Density) and zoning (SF -IA) was identical to all surrounding tracts. The
applicant sought the higher density zoning, not to increase a developmental profit but to accommodate the
construction of the owner's "dream" house. The net density of the existing tract would remain at 1.0. The
Commission made it clear to the applicant that the request would be denied if a vote were taken, One
Commissioner stated that approval would place the City on a "slippery slope" with respect to maintaining
conformance with the Land Use Plan, Another, expressing an inclination to deny the request, stated that the
"integrity" of the Land Use Plan must be maintained, The phrase "one acre, one house" was used. The applicant
withdrew the request, obviously influenced by the Commissioner's comments,
In case ZA04-103 the Commission persuaded the applicant to Table the request, indicating that a request with the
proposed number of lots reduced from ten to nine would receive favorable consideration, despite the Staff
conclusion that only a maximum of seven lots would comply with the Land Use Plan. The nine lot proposal was
advanced by the Commission as a "compromise". No mention was made of any need to maintain the "integrity"
of the Plan in this case. A statement that "nine lots gets us a lot closer to one acre" was made. The
"compromise" results in a proposed net density of 1.24. This density represents less than a 10% reduction from
the original proposal. It contemplates a density still significantly in excess of the majority of surrounding zoning
requirements, and Plan designations.
The Commission's inconsistent approach to these two zoning applications raises questions with this casual
observer as to what factors the Commission's decisions are based upon. For example, I wonder which of the two
2/28/2005
Case No. Attachment F
ZA 04-103 Page 2
referenced applications had/has a greater negative impact on street congestion, land overcrowding, and
population concentration. I cannot find anything that specifies that an applicant's profit potential should be a
factor in the Commission's zoning decision process. Nor can I find anything that specifies that contemplated
"niceness" or "development quality" should be a consideration (see Triple C Ranch and Carroll Meadows).
I request that you acknowledge receipt of this communication, and that you provide a copy of it to all remaining
members of the Commission. I also thank you in advance for your sincere consideration of the above comments.
Bob Bonchak
1820 Hunters Creek Drive
Case No. Attachment F
ZA 04-103 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO.480-452
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
1A2, SITUATED IN THE LARKIN H. CHIVERS SURVEY, ABSTRACT
NO. 300, BEING APPROXIMATELY 8.681 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM
"AG" AGRICULTURAL DISTRICT TO 6'SF-30" SINGLE FAMILY
RESIDENTIAL DISTRICT, 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
Case No. Attachment G
ZA04-103 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
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, fiirther 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,
Case No. Attachment G
ZA04-103 Page 2
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over -crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety
and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,
passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tract 1A2, situated in the Larkin H. Chivers Survey, Abstract No. 300, being
approximately 8.681 acres, and more fully and completely described in Exhibit "A", attached
hereto, from "AG" Agricultural District to "SF-30" Single Family Residential District and in
accordance with the Concept Plan, attached hereto as Exhibit `B'.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Case No. Attachment G
ZA04-103 Page 3
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.
Case No. Attachment G
ZA04-103 Page 4
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 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.
Case No.
ZA04-103
Attachment G
Page 5
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 day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA04-103
Attachment G
Page 6
EXHIBIT "A"
Being Tract IA2, situated in the Larkin H. Chivers Survey, Abstract No. 300, being approximately 8.681
acres.
All that certain trwt or pawel of }and lying and bekg situated in die Cq of Soan%L*e. "T`ar=
County, Texas and being a pact of the 1ARMN I. CHTVERS SURVEY, ABMIRACT
NCMER 30D and also gang the saw trot of lad cord to Wilibum GeoW Dares by abed
recorded in Volume 6059 Palp 633, D=4 gets, Tan= County, Tom,
BE{ MWO at a point fit the Soudk line of Lot 1, La in R- Chiv= Addition No. 30D. found
Cabinet A. SU& 4921. Pfau Reeords, Tarram County, Te xei and being Swift 89 degrees 46
minutes 40 seconds 129.07 f 6--t from the, Soatheast Winer of said A+ddit m
THENCE So+& OD degrees Ol nfmutes 36 seconds West 467.26 f6a to a point for comer,
THENCE NoA 89 degrees 51 minutes 53 seconds Vest 36 M feet to an aide Ao►o4
TCE South 89 degrees 44 minutes 56 seconds West 444.93 feet to a parrot for comer.
THENCE North OD degrees 01 minates 29 seconds East. 471 A9 fret to a point for comer,
THENCE South. 89 &Vm 46 rairnntes 40 secarnals East 806.79 feet to the POINT OF
BEGTNNWO and cointshfing 8.681 acres of hand, mom or less,
Case No.
ZA04-103
Attachment G
Page 7
EXHIBIT "B"
9-N_-W;�
Case No. Attachment G
ZA04-103 Page 8
Exhibit `13' Continued
Conditions of Concept Plan Approval
No street stub to be required into the east boundary;
2. Subject to a maximum of nine (9) lots.
3. Accepting the applicant's willingness to use wrought iron fencing with stone columns along the north,
east, and south boundaries;
4. Noting that this proposal deviates slightly from the Land Use Plan but specifically noting the low
density nature of the proposal;
5. Requiring the entrance wall on the west side to be made of stone and either be 6 feet in height or
with a 3 feet berm and a 4 %2 feet fence of stone and may have some breaks with wrought iron
fencing;
6. Requiring the fencing on the north, south and east sides be a minimum 6 feet high, made of cedar,
board on board with capped construction similar to the exhibit provided at tonight's meeting (see
attached) and have stone columns that match the west wall at a minimum spacing of 32 feet on
center;
Requiring the CCRs address maintenance of the fencing;
8. Requiring the fencing that is located between the lots and is approximately perpendicular to the
street to have a minimum requirement of 6' dog-eared wood fencing;
9. Requiring any fencing between the houses that is visible from and approximately parallel to the
street be wrought iron.
Case No. Attachment G
ZA04-103 Page 9
Exhibit `B' Continued
Case No. Attachment G
ZA04-103 Page 10
INVOICE
Star -Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
CITY OF SOUTHLAKE Notice is he
CITY OF SOUTH -
LAKE
Notice is hereby given
by the City Council of
the City of Southlake,
Texas, that a public
hearing will be held
on April 5, 2005, at
6:00 o.m. or immedi-
THE ST
County
Before rr
for the S
that the ;
(817) 3
SUBSCR
Thank
Remit
13580
Customer ID:
CIT57
Invoice Number:
253209041
Invoice Date:
3/18/05
Terms:
Net due in 21 days
Due Date:
3/31/05
PO Number:
NO PO
Order Number:
25320904
Sales Rep:
073
Description:
CITY OF SOUTHLA
Publication Date:
3/18/05
1 122 122 LINE $0.81 $98.82
Net Amount: $98.82
---------------
,Yr`4 4 CHRISTY L,?C�LLAND
MY COMMISSIQN EXPIRES
July 31,2008
A for said County and State, this day personally appeared Lisa Wesselman, Bid and Legal Coordinator
I by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
advertisement was published in the above/lamed paper on the listed dates: BIDS 8E LEGAL DEPT. STAR TLEGRAM
II , n
Signed V
J BEFORE ME, THIS Tuesday, March 29, 00 ,
Notary Public
I
?ayment
----------------------------------
1051
TH, TX 76101-2051
Customer ID:
Customer Name:
Invoice Number:
Invoice Amount:
PO Number:
Amount Enclosed
CIT57
CITY OF SOUTHLAKE
253209041
$98.82
NO PO
INVOICE
Previv
Star -Telegram
400 W. 7th Street
FORT WORTH, TX 76102
(817)390-7761
Federal Tax ID 22-3148254
�ip_�L�'�Od�n
APR 2 9 U
Bill To:
CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
CITY OF SOUTHLAKE ORDINANCE NO 13580
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Publ
for the Star -Telegram, pul
that the attached clipping
(817) 390-7320
SUBSCRIBED AND SWOR1
Customer ID: CIT57
Invoice Number: 254128281
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
109 109 LINE
Net Amount:
r'ti, , CHRISTY L. HOLLAND
MY COMMISSION EXPIRES
=; July 31, 2008
4/13/05
Net due in 21 days
4/30/05
NO PO
25412828
073
CITY OF SOUTHLA
4/ 13/05
$0.81 $88.29
$88.29
sonally appeared Lisa Wesselman, Bid and Legal Coordinator
i, in Tarrant County, Texas; and who after being duly sworn, did depose and say
name papA op the listed dates: BOS a LEGAL DEPT. STAR TLEGRAM
Thank You For Your Payment
__ -----._....,_-----------------------_.----------_—
Remit To: Star -Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 254128281
Invoice Amount: $88.29
PO Number: NO PO
Amount Enclosed: $