Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
April 30, 2008
ZA08-018
CASE NO:
Zoning Change and Development Plan for Housmans/Harbor Oaks Addition
PROJECT:
REQUEST: Four Peaks Development is requesting approval of a Zoning Change and Development
Plan for Housmans/Harbor Oaks Addition, a residential development of just one (1) lot
on 1.3 acres located at 2970 Burney Lane.
This Zoning Change and Development Plan request is in response to concerns
expressed by City Council and area residents at and before the February 5 City Council
meeting for Lake Forest, a proposed 7-lot residential development (ZA07-133). The
placement of the access road to Lake Forest was previously located on the southern
property line of this subject lot (Lot 10, Block 2, Harbor Oaks Addition). This
development proposes to move that single point of ingress / egress and utility access
to the northern property line of Lot 10, Block 2, Harbor Oaks Addition. This road would
service the twelve (12) lots to the west and northwest of this lot.
Because of the existing nature of this lot and the proposed installation of a public
access easement, specific zoning regulations are required to address setbacks, lot
dimensions, lot size, and lot coverage. The R-PUD Zoning District regulations for this
Housmans/Harbor Oaks Addition are provided in Attachment C of this report.
Consider first reading for a zoning change and development plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Revised Development Plan Review Summary No. 1, dated April 17, 2008
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-560
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Dennis Killough (817)748-8072
Case No.
ZA08-018
BACKGROUND INFORMATION
OWNER: Errol Housmans
APPLICANT: Four Peaks Development
PROPERTY SITUATION: 2970 Burney Lane
LEGAL DESCRIPTION: Lot 10, Block 2, Harbor Oaks
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: SF-1A Single Family Residential District
REQUESTED ZONING: R-PUD Residential Planned Unit Development District
PATHWAYS
MASTER PLAN: The R-PUD regulations propose no sidewalks for this development.
WATER & SEWER: The R-PUD regulations propose the use of on-site septic systems for the
existing lot. The site is currently serviced by an 8-inch water line in Burney
Lane.
P&Z ACTION: April 3, 2008; Approved to table until April 17, 2008.
April 17, 2008; Approved (5-1) subject to Revised Development Plan Review
Summary No. 1, dated April 17, 2008.
STAFF COMMENTS: Revised Development Plan Review Summary No. 1, dated April 17, 2008.
N:\Community Development\MEMO\2008cases\018 -Z - Lot 10, Block 2, Harbor Oaks\Staff Report\08-018ZDP.P&Z 4-3.doc
Case No. Attachment A
ZA08-018 Page 1
Vicinity Map
Housmans/Harbor Oaks Addition
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Case No. Attachment B
ZA08-018 Page 1
DEVELOPMENT PLAN
Case No. Attachment C
ZA08-018 Page 1
Z ONING PROPOSAL FOR
Housmans/Harbor Oaks Addition
“R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
Housmans/Harbor Oaks Addition (“HHO”) is a proposed 1 lot single family residential development to be
constructed on the 1.3 acre lot currently platted as Lot 10, Block 2, Harbor Oaks Addition in the City of
Southlake.
The development entity proposing the rezoning is Four Peaks Development, Inc. Four Peaks will not own this
lot but is making this application on behalf of the owner who will dedicate a common access easement along
the north and west side of the lot on which will be constructed a public road to provide access to the lots being
planned within the Lake Forest Addition, the Statham/George Addition and the lots north of the
Statham/George Addition.
The common access easement shall be thirty feet (30’) in width and the paving width shall be twenty-four feet
(24’).
Additionally, as part of this PUD application, we are requesting a variance to the sidewalk ordinance so as to
not require any sidewalks be constructed as part of this development, recognizing there are no sidewalks in this
part of Southlake.
This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake
Comprehensive Zoning Ordinance for “SF 1-A”single-family residential zoning district and as amended, with the
following exceptions:
Open Space: The open space for this lot shall be the east 10% of the lot, save and except that area or areas
called for as the public road and/or driveways. Architectural features are permitted within this
open area. Also, signage for the Lake Forest Addition and a “gang” mail box to service the lots
accessed via the road and right of way easement to be dedicated as contemplated by this R-
PUD zoning is permitted to be constructed on the lot within the open space.
Garage Setback: Recognizing the existing garage will setback less than twenty feet (20’) from the future public
access easement and public road, a variance shall be given so that the actual distance the
garage sits from the easement and road shall be acceptable and shall not cause a non-
complying situation at any time.
Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of the
requirement to install a dry pipe system is requested. Also, the self contained sanitary sewer
facility currently employed by the house located on this lot is permitted by this PUD. Any future
self contained waste water treatment facilities shall comply with all of the requirements for such
systems as called for by the Tarrant County Health Department which shall be the ultimate
approval needed for said lot, regardless of any additional restrictions put forth by the City of
Southlake.
We respectfully ask for approval of this R-PUD application for the Housmans/Harbor Oaks Addition. Having a
single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance the
overall area and will put forth a cooperative effort to resolve the alternative location for an access road into the
Lake Forest Addition.
Case No. Attachment C
ZA08-018 Page 2
DEVELOPMENT PLAN REVIEW SUMMARY
ZA08-018One04/17/08
Case No.: Revised Review No.: Date of Review:
Development Plan
Project Name: – Housmans / Harbor Oaks Addition
APPLICANT: ENGINEER:
Four Peaks Development – Tom Matthews Hamilton Duffy PC – Keith Hamilton
726 Commerce St.; Ste. 109 8241 Mid-Cities Blvd; Ste 100
Southlake, TX 76092 North Richland Hills, TX 76180
P: (817)329-6996 P: (817)268-0408
F: (817)481-4074 F: (817)284-8408
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/28/08 AND WE OFFER
THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8069.
1. Graphically represent the proposed open space by means of a conservation or tree preservation
easement on the development plan and plat.
a. Clearly define what types of uses and structures will be permitted in the open
space/conservation easement. The permitted uses and structures are subject to City
Council approval. It is recommended that storage or habitable structures not be permitted
and if allowed, be limited in any proposed open space.
b. The area occupied by any proposed structures or driveways encroaching the designated
open space area should not be counted as open space. The area of open space calculated
should be net of any encroachments.
2. The following comments are in regard to outstanding submittal requirements:
a. Provide a Tree Conservation Plan (TCP) showing all trees on the site as to their caliper
and type. The TCP should show what trees will be saved (green), removed (red), and are
marginal (blue or yellow). Tree canopy cover calculations and preservation requirement
must also be provided. See Tree Preservation Ordinance No. 585-D.
b. Provide Preliminary utility and drainage plans unless waived by City Engineer.
3. The following comments are in regard to the proposed R-PUD Regulations:
a. No variance to sidewalks is required if the regulation is written into the R-PUD district.
Revise the R-PUD regulations to remove the variance request.
b. Clarify that the open space dedication will be in the form of a Conservation Easement to be
dedicated by separate instrument.
c. Provide a regulation that allows for double- or triple-frontage on a roadway or roadways.
d. Clarify the intended front-yard orientation of the lot
4. The following comments are in regard to labeling:
Case No. Attachment D
ZA08-018 Page 1
a. Place the city case number (ZA08-018) in the lower right corner of the plan.
b. Show the boundaries of the PUD in a solid, bold line. This will help in distinguishing
between property lines and easements.
c. Provide name and address of all property owners.
d. Verify and/or correct land area in site graphic, site data summary, and R-PUD regulations.
e. Correct the acreage provided in the title block to reflect actual lot size of Lot 10, Block 2,
Harbor Oaks Addition
f. Address and correct the discrepancies between the plan graphic and the SF-1A / R-PUD
comparison chart with respect to proposed setbacks. For instance, rear-yard setback
proposed as 30’, but 25’ shown on graphic; and 20’ front yard setback proposed but 40’
setback shown on graphic. NOTE: Deed restrictions for the Harbor Oaks subdivision
specify front-yard setback to be as shown on the current plat, which is 40-feet.
5. The public access road / easement must comply with the city’s structural construction standards
for a public street and is subject to City Engineer and Fire Marshal approval. Curb return radii
must be minimum 30-feet, inside curve must be minimum 30-feet, and exterior curve must be 54-
feet radius.
6. Public roadway easement must be designated as drainage, utility, public access, and emergency
access easement.
* A fully corrected plan that includes all associated support plans/documents and
conditions of approval is required before any ordinance or zoning verification letter
publication or before acceptance of any other associated plans for review. Plans and
documents must be reviewed and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain
all post development run-off.
* The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape
plan, irrigation plan, and building plans, must be submitted for approval and all required
fees must be paid. This may include but not be limited to the following fees: Park Fee,
Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment D
ZA08-018 Page 2
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SPO Owner Zoning Land Use Acreage
#
1.
Statham, Jerry RPUD Corps of Engineers Property 1.98
2.
Statham, Jerry RPUD Corps of Engineers Property 2.13
3.
Moore, Michael H Etux Deborah SF1-A Low Density Residential 1.77
4.
Cook, Billy C Etux Jimmie N SF1-A Low Density Residential 1.95
5.
Galis, James P Etux Jamie P SF1-A Low Density Residential 1.70
6.
Littlefield, Hayden Etux Tina SF1-A Low Density Residential 1.90
7.
Chancellor, Raymond L & Dinah SF1-A Low Density Residential 1.75
8.
Warren, Georgia L Etvir Mikel SF1-A Low Density Residential 1.92
9.
Land, Kenneth W & Gloria R SF1-A Low Density Residential 2.35
10.
Hakert, Amy SF1-A Low Density Residential 2.10
11.
Stewart, John D Etux Lynda A SF1-A Low Density Residential 1.83
12.
Wilson, John N Etux Thelma SF1-A Low Density Residential 2.03
13.
Fischbach, Bernard V Etux Barb SF1-A Low Density Residential 2.10
14.
Winn, Darin Etux Michele SF1-A Low Density Residential 1.95
15.
Fredricks, Jack M Etux Rose E SF1-A Low Density Residential 1.95
16.
Housmans, Errol V Etux Leslie SF1-A Low Density Residential 1.86
17.
Petersen, Jerry Etux Carlotta SF1-A Low Density Residential 1.68
18.
McGaffigan, Marc J & Joan M SF1-A Low Density Residential 1.85
Case No. Attachment E
ZA08-018 Page 1
19.
Schroen, Hans H Etux Alethea SF1-A Low Density Residential 1.45
20.
Monrad, John M Etux Barbara L SF1-A Low Density Residential 1.54
21.
Wambsganss, Leon Etux Mary SF1-A Low Density Residential 1.54
22.
Czarnecki, P J And T G Elliott SF1-A Low Density Residential 1.73
23.
Fox, Jimmy G SF1-A Low Density Residential 1.76
24.
Hultin, Allan C SF1-A Low Density Residential 1.93
25.
Leedy, Brett Etux Heidi SF1-A Low Density Residential 1.39
26.
Valdez, David & Cynthia R SF1-A Low Density Residential 1.49
27.
Jessen, Larry & Randa Jessen SF1-A Low Density Residential 1.44
28.
Capps, William T Jr & Deb SF1-A Low Density Residential 1.73
29.
Stanyer, A B Jr Etux Garnetta SF1-A Low Density Residential 1.47
30.
Zielke, Rodney Etux Marjorie SF1-A Low Density Residential 1.47
31.
Zielke, Rodney Etux Marjorie SF1-A Low Density Residential 1.56
32.
McArthur, Nancy Taylor SF1-A Low Density Residential 2.62
33.
Gillespi, Kenneth Etux Terri SF1-A Low Density Residential 2.16
34.
Stevenson, Rodney R SF1-A Low Density Residential 2.29
35.
Johnson, Robert A Etux Tina M SF1-A Low Density Residential 4.19
36.
Seiter, Christopher Etux Susan SF1-A Low Density Residential 2.89
37.
Ali, Barkat SF1-A Low Density Residential 4.83
38.
Mitchell, Michael O Etux Kathy SF1-A Low Density Residential 3.77
39.
Michelis, Steven P SF1-A Low Density Residential 4.26
40.
Hammer, John G Etux Mariana SF1-A Low Density Residential 3.33
41.
Walsh, Dennis M Etux Janet SF1-A Low Density Residential 4.23
42.
Hakemy, Shair B SF1-A Low Density Residential 7.95
43.
Hitchcock, Gilbert L Jr Etux C SF1-A Low Density Residential 3.14
44.
Herrmann, David R Etux Debra M SF1-A Low Density Residential 3.21
45.
Sauder, Terry L & Judith Y SF1-A Low Density Residential 2.63
46.
Staples, Randy G Etux Mary SF1-A Low Density Residential 2.57
47.
Chitwood, John S SF1-A Low Density Residential 2.53
48.
Farhat, Mohamed H Etux Yasmine SF1-A Low Density Residential 3.03
49.
O'Connor, Martin V Etux Mary SF1-A Low Density Residential 5.93
50.
Hoffman-Hill, Barbara K SF1-A Low Density Residential 4.83
51.
Schmidt, James J Etux Paula E SF1-A Low Density Residential 7.22
52.
Burnett, Patricia H SF1-A Low Density Residential 2.05
53.
George, David W SF1-A Low Density Residential 1.10
54.
Curtis, Mary Kathryn SF1-A Low Density Residential 1.07
55.
Miles, Marylyn E & Etal AG Low Density Residential 9.73
56.
Shackleford Holdings SF1-A Low Density Residential 1.10
57.
George, David SF1-A Low Density Residential 0.81
Case No. Attachment E
ZA08-018 Page 2
Surrounding Property Owner Responses
Housman/Harbor Oaks Addition
Notices Sent: Fifty-Seven (57)
Responses Received: Eighteen (18)
1) Nancy McArthur,
Notification Response Form
1095 Harbor Retreat Street, submitted a in
Opposed To .
on March 27, 2008 (attached)
2) Mary Kathryn Curtis,
Notification Response Form
3580 Burney Lane, Submitted a stating
Opposed To
on March 31, 2008 (attached).
3) Billy C. & Jimmie N. Cook,
Notification Response Form
895 Harbor Court, Submitted a stating
Opposed To
on April 1, 2008 (attached).
4) Jack M. & Rose E. Fredricks,
Notification Response Form
2960 Burney Lane, Submitted a stating
Opposed To
on April 3, 2008 (attached).
5) Terry L. & Judith Y. Sauder,
Notification Response Form
1090 Harbor Haven Street, Submitted a
Opposed To
stating on April 3, 2008 (attached).
6) Larry & Randa Jessen,
Notification Response Form
290 Harbor Refuge Street, Submitted a
In Favor Of
stating on April 3, 2008 (attached).
7) Hans H. & Alethea Schroen
Notification Response Form
, 2895 Burney Lane, Submitted a stating
Opposed To
on April 3, 2008 (attached).
8) Kenneth W. & Gloria R. Land,
Notification Response Form
2900 Burney Lane. Submitted a
Opposed To
stating on April 3, 2008 (attached).
9) Kenneth & Terri Gillespi.
Notification Response Form
1105 Harbor Retreat Street, Submitted a
Opposed To
stating on April 3, 2008 (attached).
10) Raymond L. & Dinah Chancellor,
Notification Response Form
890 Harbor Court, Submitted a
Opposed To
stating on April 3, 2008 (attached).
11) Darin & Michele Winn,
Notification Response Form
2950 Burney Lane, Submitted a stating
Opposed To
on April 3, 2008 (attached).
12) John D. & Lynda A. Stewart,
Notification Response Form
2920 Burney Lane, Submitted a stating
Opposed To
on April 3, 2008 (attached).
13) Martin V. & Mary O’Connor, In
Notification Response Form
P.O. Box 92879, Submitted a stating
Favor Of
on April 3, 2008 (attached).
14) John M. and Barbara L. Monrad,
Notification Response Form
2905 Burney Lane, Submitted a
Opposed To
stating on April 3, 2008 (attached).
15) John N. & Thelma Wilson,
Notification Response Form
2930 Burney Lane, Submitted a stating
Opposed To
on April 3, 2008 (attached).
Case No. Attachment F
ZA08-018 Page 1
16) Patricia A. Burnett, Opposed
Notification Response Form
3510 Burney Lane, Submitted a stating
To
on April 3, 2008 (attached).
17) Barbara K. Hoffman-Hill,
Notification Response Form
1085 Burney Lane, Submitted a stating
Opposed To
on April 4, 2008 (attached).
18) William and Debi Capps,
Notification Response Form
2890 Harbor Refuge, Submitted a stating
Opposed To
on April 17, 2008 (attached)
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-560
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 10,
BLOCK 2, HARBOR OAKS, AND BEING APPROXIMATELY 1.86
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “SF-1A” SINGLE FAMILY RESIDENTIAL
DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT, AS DEPICTED ON THE
DEVELOPMENT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN
MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “SF-1A” Single Family
Case No. Attachment F
ZA08-018 Page 19
Residential 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
Case No. Attachment F
ZA08-018 Page 29
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 10, Block 2, Harbor Oaks according to the plat filed in Volume 388-187,
Pages 85 and 86, Plat Records of Tarrant County Texas, and being approximately
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1.86 acres, and more fully and completely described in Exhibit “A” from “SF-1A”
Single Family Residential District to “R-PUD” Residential Planned Unit Development
District as depicted on the approved Site Plan attached hereto and incorporated
herein as Exhibit “B”, and subject to the following specific conditions:
1.
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
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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.
Case No. Attachment F
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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.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2008.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
________________________________
MAYOR
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ZA08-018 Page 69
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
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EXHIBIT “A”
Being Lot 10, Block 2, Harbor Oaks according to the plat filed in Volume 388-187, Pages 85 and
86, Plat Records of Tarrant County Texas, and being approximately 1.86 acres, and more fully
described below as:
*** This space reserved for metes & bounds description ***
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EXHIBIT “B”
DEVELOPMENT PLAN
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Z ONING PROPOSAL FOR
Housmans/Harbor Oaks Addition
“R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
Housmans/Harbor Oaks Addition (“HHO”) is a proposed 1 lot single family residential development to be
constructed on the 1.3 acre lot currently platted as Lot 10, Block 2, Harbor Oaks Addition in the City of
Southlake.
The development entity proposing the rezoning is Four Peaks Development, Inc. Four Peaks will not own this
lot but is making this application on behalf of the owner who will dedicate a common access easement along
the north and west side of the lot on which will be constructed a public road to provide access to the lots being
planned within the Lake Forest Addition, the Statham/George Addition and the lots north of the
Statham/George Addition.
The common access easement shall be thirty feet (30’) in width and the paving width shall be twenty-four feet
(24’).
Additionally, as part of this PUD application, we are requesting a variance to the sidewalk ordinance so as to
not require any sidewalks be constructed as part of this development, recognizing there are no sidewalks in this
part of Southlake.
This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake
Comprehensive Zoning Ordinance for “SF 1-A”single-family residential zoning district and as amended, with the
following exceptions:
Open Space: The open space for this lot shall be the east 10% of the lot, save and except that area or areas
called for as the public road and/or driveways. Architectural features are permitted within this
open area. Also, signage for the Lake Forest Addition and a “gang” mail box to service the lots
accessed via the road and right of way easement to be dedicated as contemplated by this R-
PUD zoning is permitted to be constructed on the lot within the open space.
Garage Setback: Recognizing the existing garage will setback less than twenty feet (20’) from the future public
access easement and public road, a variance shall be given so that the actual distance the
garage sits from the easement and road shall be acceptable and shall not cause a non-
complying situation at any time.
Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of the
requirement to install a dry pipe system is requested. Also, the self contained sanitary sewer
facility currently employed by the house located on this lot is permitted by this PUD. Any future
self contained waste water treatment facilities shall comply with all of the requirements for such
systems as called for by the Tarrant County Health Department which shall be the ultimate
approval needed for said lot, regardless of any additional restrictions put forth by the City of
Southlake.
We respectfully ask for approval of this R-PUD application for the Housmans/Harbor Oaks Addition. Having a
single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance the
overall area and will put forth a cooperative effort to resolve the alternative location for an access road into the
Lake Forest Addition.
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