Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
September 10, 2008
ZA08-072
CASE NO:
Zoning Change and Development Plan for Cotswold (fka Estancia)
PROJECT:
REQUEST: 579 Kimball LLC is requesting approval of a zoning change and development plan for
Cotswold Valley Estates which is a residential development zoned “R-PUD” residential
planned unit development and is currently under construction. The purpose of this
request is to change the perimeter wall and entry feature plans. The original
subdivision name and marketing was proposed under the name of Estancia. The wall
and entry feature plans proposed plaster, ceramic and terracotta tile as the primary
masonry materials to follow the Spanish theme inspired by the name. The name was
changed to Cotswold Valley shortly after construction began which follows an English
influence. The proposed plan changes the plaster and tile Spanish style architecture
to an old English type stacked stone. No other changes are proposed. This
development shall remain subject to the current R-PUD zoning uses and regulations
unless otherwise specifically approved by the City Council. Due to the limited scope of
this request, there is no review summary. Exhibits showing the location and new
design are included from the link to plans and support information below.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and development plan
approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Link to Plans and Support Information
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance 480-509a
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA08-072
BACKGROUND INFORMATION
OWNER/APPLICANT: 579 Kimball LLC
PROPERTY SITUATION: 579 N. Kimball Avenue
LEGAL DESCRIPTION: Tract 5A4, Samuel Freeman Survey, Abstract No. 525
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: R-PUD Residential Planned Unit Development District
REQUESTED ZONING: R-PUD Residential Planned Unit Development District limited to changing the
wall and entry design.
HISTORY: -The Zoning and Development Plan was approved by City Council on January
16, 2007;
-The Preliminary Plat was approved by City Council on March 20, 2007;
-The Final Plat was approved on April 3, 2008.
P&Z ACTION: August 21, 2008; Approved (7-0) subject to the staff report as presented.
COUNCIL ACTION: September 2, 2008; Approved first reading on Consent (7-0)
STAFF COMMENTS: The proposed plan changes the plaster and tile Spanish architectural theme to
a stacked stone English architectural theme. No other changes are proposed.
This development shall remain subject to the current R-PUD zoning uses and
regulations unless otherwise specifically approved by the City Council. Due to
the limited scope of this request, there is no review summary. Exhibits
showing the location and new design are included from the link to plans and
support information below.
N:\Community Development\MEMO\2008cases\072 - ZDP - Cotswald Valley (F.K.A. Estancia)\Staff Report\ZA08-072 ZDP CC 09-16-08.doc
Case No. Attachment A
ZA08-072 Page 1
Case No. Attachment B
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Link to Plans and Support Information
Case No. Attachment C
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Surrounding Property Owners
Cotswold Valley (F.K.A. Estancia)
SPO # Owner Zoning Land Use Acreage
1.
Kimball Road Lp I1 Public/Semi-Public, Mixed Use 1.61
Mixed Use, Public/Semi-Public, Mixed Use,
2.
Txu Electric Delivery Co CS 2.55
Mixed Use
Low Density Residential, Medium Density
3.
St Laurence Episcopal Church CS Residential, Public/Semi-Public, Office 5.35
Commercial
Low Density Residential, Medium Density
4.
Babaria, Amit & Gordhanbhai H SF1-A 1.03
Residential
Low Density Residential, Medium Density
5.
James, David B SF1-A 0.96
Residential
100-Year Flood Plain, Low Density
6.
Hillman, Luther L AG 3.94
Residential, Medium Density Residential
Low Density Residential, Medium Density
7.
579 Kimball Llc RPUD 8.11
Residential, Public/Semi-Public
Medium Density Residential, Public/Semi-
8.
Episcopal Diocese Of Ft Worth AG 1.03
Public
9.
Peterson, Robbie Joan SF1-A Low Density Residential, Public/Semi-Public 0.52
10.
Williams, Cleda SF1-A Low Density Residential 0.92
11.
Germany, Karen & Brent SF1-A Low Density Residential 0.91
Low Density Residential, Medium Density
12.
Scheibel, Tracy E SF1-A 1.04
Residential, Public/Semi-Public
Case No. Attachment D
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13.
Scheibel, Tracy E SF1-A Low Density Residential 0.50
100-Year Flood Plain, Low Density
14.
Azamar, Peter SF1-A 0.67
Residential
100-Year Flood Plain, Low Density
15.
Oates, Richard K Etux Cindy SF1-A 1.40
Residential
100-Year Flood Plain, Low Density
16.
Azamar, Peter SF1-A 0.38
Residential
17.
Azamar, Peter SF1-A Low Density Residential 0.34
18.
Gateway Church NRPUD Mixed Use 6.61
19.
Vision Southlake Dev Llc SP2 Mixed Use, Public/Semi-Public, Mixed Use 14.82
Case No. Attachment D
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Surrounding Property Owner Responses
Cotswold Valley (F.K.A. Estancia)
Notices Sent:
Nineteen (19)
Responses Received:
None (0)
Case No. Attachment E
ZA08-072 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-509a
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 5A4, SITUATED IN THE SAMUEL
FREEMAN SURVEY, ABSTRACT NO. 525, BEING APPROXIMATELY 7.97
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT
“A” FROM “R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT TO “R-
PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, 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
WHEREAS,
the hereinafter described property is currently zoned as “R-PUD” Residential Planned
Unit Development 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
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corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
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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 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being
approximately 7.97 acres, and more fully and completely described in exhibit “A” from “R-
PUD” Residential Planned Unit Development District to “R-PUD” Residential Planned Unit
Development District as depicted on the approved Development Plan, including “R-PUD”
development standards, 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,
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Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
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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.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
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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
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tract 5A4, situated in the Samuel Freeman Survey, Abstract No. 525, being approximately 7.97 acres.
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EXHIBIT “B”
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PROPOSED “R-PUD” USES & REGULATIONS
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