Item 6E
Department of Planning & Development Services
S T A F F R E P O R T
December 31, 2008
CASE NO:ZA08-075
PROJECT:Zoning Change and Development Plan for
Ridgeview at Southlake
REQUEST:
On behalf of Venus Partners VI LP, Mary Cosgrove, et al, Community Site Planners is
Ridgeview at
requesting approval of a Zoning Change and Development Plan for
Southlake
, a Transition Zoning District development of 24 single-family residential lots
and 3 office buildings on approximately 13.22 acres.
The plan proposes the following:
Gross Acreage 13.22 Ac.
Net Acreage 11.14 Ac
Area of Open Space 2.04 Ac
Percentage of Open Space 15.43% (Gross)
Number of Residential Lots/Units 24
Number of Office Lots/Units 3
Office Square Footage 25,807 sq ft
Gross Residential Density 1.82 du/ac
Net Residential Density 2.18 du/ac
No changes have been made to the Development Plan since first reading.
As part of the request, the applicant is proposing four (4) modifications to the
Transition Zoning District for Ridgeview at Southlake. Justification for these
modifications is provided on page 42 of the “Zoning Booklet” provided by the applicant.
Cul-de-sac Prohibition:
1. Cul-de-sacs are not permitted in a Transition Zoning
District.
Raised First Floor Elevations:
2. The finished-floor elevation of a single-family
residence in the Transition Zoning District is required to be raised 2-feet above
the finished level of the sidewalk in front of the residence.
Davis Blvd Sidewalk Width:
3. The Transition Zoning District requires 6’
sidewalks in the Neighborhood Edge component. The applicant is requesting a
5’ sidewalk along Davis Blvd to meet the minimum requirement of the
Subdivision Ordinance
Office Building Orientation:
4. The applicant is proposing to orient the buildings
toward the proposed internal street, however primary facades are required to
be “oriented to the primary street,” which would be Davis Blvd.
Case No.
ZA08-075
The following variances are being requested:
Driveway Spacing:
1. The northern driveway into the office parking is located 82’
from the ROW of Davis Blvd; 100’ is required.
Driveway Stacking:
2. The southern driveway into the office parking has a
stacking distance of 44’; 50’ is required.
Commercial Driveways on Local Streets:
3. Access to the office component of
the development is requested to be from the local streets instead of Davis Blvd
At this item’s first reading on December 2, 2008, City Council requested the applicant
produce a preliminary CC&R (Covenants, Conditions, and Restrictions) document that
the property owners of Ridgeview at Southlake will adhere to. That 13-page document
has been provided by the applicant for review by the City Council. Hard copies have
been distributed with Council packets and a digital link is provided on Page 1,
Attachment C of this Staff Report.
ACTION NEEDED:1. Conduct public hearing
2. Consider zoning change and development plan approval
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Development Review Summary No. 3, dated October 31, 2008
(E) SPIN Report – August 25, 2008
(F) Surrounding Property Owners Map
(G) Surrounding Property Owners Responses
(H) Ordinance No. 480-578
for Commission and Council Members Only
(I) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-075
BACKGROUND INFORMATION
OWNERS:
Venus Partners VI LP, Mary S. Cosgrove, Michael P. Cosgrove, and JP
Sheehey, Jr.
APPLICANT:
Community Site Planners
PROPERTY SITUATION:
505, 507, 511, 515 and 519 Davis Boulevard
LEGAL DESCRIPTION:
Tracts 2A, 2A1, 2A5C, and 2A6 in the W.R. Eaves Survey, Abstract No. 500
and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502
LAND USE CATEGORY:
Mixed Use w/ “T-1” Transition Land Use Optional
CURRENT ZONING:
AG – Agricultural District, S-P-1 – Detailed Site Plan District, and SF-20A –
Single Family Residential District
REQUESTED ZONING:
TZD – Transition Zoning District
HISTORY:
Tarrant Appraisal District shows the homes at 515 and 519 Davis Blvd were
built in 1960 and 1972 respectively.
October 1, 1996; City Council approved “SF-20A” zoning (Ord. 480-207) for the
Southlake Woods residential subdivision, including a 0.4-acre access strip to
Davis Blvd which was never officially platted as part of Southlake Woods
April 7, 1998; City Council approved “S-P-1” zoning (Ord. 480-272) on the
northernmost 3.7 acres of this request for an urgent care medical facility.
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan & Median Plan
Master Thoroughfare Plan
Southlake’s calls for Davis Boulevard (FM 1938) to
be a multi-lane TXDOT roadway requiring 130 feet of right-of-way. No
additional right-of-way is required to be dedicated by these properties at this
time.
Median Plan Urban Design Plan
The componentof Southlake’s recommends a
landscaped median in Davis Blvd with a full median break/opening at this
development’s northernmost entry. However, it is not anticipated that medians
will be constructed on Davis Blvd. in the near future.
Existing Area Road Network and Conditions
The development has approximately 1375-feet of frontage along Davis
Boulevard (FM 1938), a five-lane TXDOT roadway with paved shoulders. The
development is proposing two new streets that will intersect with Davis Blvd
and serve the development. A street stub is also proposed to allow for a future
connection to undeveloped properties to the south.
The developer’s Traffic Impact Analysis (TIA), conducted by C&P Engineering,
was reviewed by Lee Engineering at the request of City staff. That review is
included in Attachment C of this report
Case No. Attachment A
ZA08-075 Page 1
May 2008 traffic counts on Davis Blvd between Continental Blvd and W.
Southlake Blvd (FM1709)
North Bound South Bound
24hr 14,69514060
AM Peak 1,514883
(7:00AM – 8:00AM) (7:30AM – 8:30AM)
PM Peak 1,0891,332
(4:30PM – 5:30PM) (5:00PM – 6:00PM)
Traffic Impact: Calculated Trip Ends
AM PEAK PM PEAK
HOUR HOUR
Use Units Vtpd*
IN OUT IN OUT
Single-Family 24 Lots 269 7 19 18 11
Residential (210)
Medical-Dental 22,620 sq ft 710 44 12 21 58
Office (720)
Total 979 51 31 39 69
th
*Vehicle Trips Per Day based on ITE’s Trip Generation Manual, 6 Edition.
**The AM/PM times represent the estimated number of vehicle trips generated during the peak
travel times on Davis Blvd.
ENVIRONMENTAL
RESOURCE PROTECTION:
The Southlake 2025
Environmental Resource Protection
Map identifies portions of this
property as “Tree Cover/Open Space
to be Preserved where Appropriate.”
As such, the majority of the
applicant’s tree preservation is in
these locations by way of open
space and a neighborhood park.
TREE PRESERVATION:
The applicant is proposing to preserve a majority of the existing trees on the
southern half of the property in area specifically identified for tree preservation
on the Environmental Resource Protection Map (above). Overall, the
development proposes to preserve 46% of existing tree canopy cover.
WATER & SEWER:
Water: A looped 8” water line installed at this site will tie into an existing 12”
water main along the east side of Davis Blvd.
Sewer: A 8” sewer line installed at this site will tie into existing 6” and 10”
sewer lines to the north.
DRAINAGE ANALYSIS:
The eastern portion of the development will generally drain to proposed swales
that will direct runoff to existing storm water inlets that were constructed with
Southlake Woods Phase 3. The western portion will drain towards the existing
inlets and storm sewer in Davis Blvd. It appears that the drainage systems in
Davis Blvd and Southlake Woods Phase 3 have adequate capacity to accept
the proposed storm water runoff.
PATHWAYS/
SIDEWALKPLAN:
Neither the Pathways Master Plan nor the Sidewalk Plan make any
recommendations for sidewalks or trails along the east side of Davis Blvd in
this location. A 5-foot sidewalk is proposed along Davis Blvd and on both
sides of internal streets, however, to meet the Subdivision Ordinance and TZD
zoning requirements.
Case No. Attachment A
ZA08-075 Page 2
SOUTHLAKE 2025:
This development is 13 acres within the
Area A-9Southlake
25-acre of the
2025 Plan
. Specific recommendations
for this site include:
-
limiting retail uses to areas which
are at-grade with Davis Blvd;
-
encourage service-oriented retail
and office uses that cater to
commuter traffic;
-
preserve wooded areas and
significant natural features;
-
coordinate development of the site
in conjunction with adjoining property; and
-
encourage internal connectivity.
Given the property’s situation between a major arterial corridor and existing
residential uses, the Southlake 2025 Area A Plan recommends transitioning
from higher-intensity uses such as retail and office along Davis Blvd, to lower-
intensity uses such as residential.
A “Mixed Use” land use category and a “T-1 Transition” Optional Land Use
category was given to this particular site. The “T-1” land use is intended to
consist of a mix of primarily non-residential uses; however, single-family
residential development may be appropriate in some cases.
As the diagram below indicates, Ridgeview at Southlake is more consistent
with the T-2 Transition land use designation, which is meant for a lower-
intensity mix of uses. The applicant has provided the minimum required 15%
usable open space. 15.1% usable open space accessible to both residential
and office uses is provided. Approximately 0.3% is also being provided in
landscaped median features.
Recommended Land Use Mix*
Proposed
Land Use T-1 T-2
Ridgeview
Retail 30% ± 10% 5% ± 5% 0%
Office 35% ± 20% 10% ± 25% 19%
Single Family Residential 15% ± 15% 65% ± 25% 49%
Open Space 15% ± 15% 15% + 15% 15%
Civic Uses 5% ± 10% 5% + 10% 0%
*These percentages are not regulatory and should only be used as a guide.
SPIN:
SPIN 16 held a public forum on this development on August 25, 2008. A
summary of that meeting is provided as Attachment E of this report.
PARKS BOARD:
This item is scheduled for the December 8 Parks Board meeting.
P&Z ACTION:
November 6, 2008; Approved (7-0) granting the modifications to the “TZD” –
Transitional Zoning District regulations for cul-de-sac prohibition, raised first
floor elevations, Davis Boulevard sidewalk width, and the office building
orientation; and granting the variances for driveway spacing, driveway
stacking, and for commercial driveways on local streets; and subject to Review
Summary No. 3, dated October 31, 2008.
Case No. Attachment A
ZA08-075 Page 3
CITY COUNCIL ACTION:
November 18, 2008; tabled administratively to the December 2, 2008 City
Council meeting
subject to Development
December 2, 2008; Approved first reading (7-0),
Plan Review Summary No. 3, dated October 3, 2008 and granting the
requested variances, requiring a six-foot (instead of the proposed five-foot)
sidewalk on Davis Boulevard; and including submittal of the CCR’s by
consideration on 2nd Reading.
December 16, 2008; tabled upon applicant’s request to the January 6, 2008
City Council meeting.
STAFF COMMENTS
: Attached is Development Plan Review Summary No. 3, dated October 31,
2008.
N:\Community Development\MEMO\2008cases\075 - ZDP - Ridgeview at Southlake\Staff Report\08-075ZDP.P&Z 11-6.doc
Case No. Attachment A
ZA08-075 Page 4
Case No. Attachment B
ZA08-075 Page 1
LINK TO POWERPOINT PRESENTATION
LINK TO PRELIMINARY CC&R DOCUMENT
DEVELOPMENT MASTER PLAN
Case No. Attachment C
ZA08-075 Page 1
Case No. Attachment C
ZA08-075 Page 2
Case No. Attachment C
ZA08-075 Page 3
SITE PLAN REVIEW SUMMARY
ZA08-075THREE10/31/08
Case No.: Review No.: Date of Review:
Zoning Change Development Plan
Project Name: – Ridgeview at Southlake
APPLICANT: PLANNER:
Community Site Planners – Harry Bowden Sage Group, Inc. – Curtis Young
4360 Western Center; Ste 218 1130 N. Carroll Ave; Ste 200
Fort Worth, TX 76137 Southlake, TX 76092
P: (512)659-0777 P: (817)424-2626
E: hbowden@communitysiteplanners.com E: cyoung@sage-dfw.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/09/08 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817) 748-8269.
1. Development of land in the TZD includes two steps and plat approval. The first step is the
rezoning and development plan review and approval phase. The second step is site plan review
and approval required by City Council for all non-residential and mixed use development.
A City Council approved site plan shall be required before building permits can be issued for all
Applications for site plans shall be
individual, non-residential and mixed use buildings.
submitted only after the City Council has approved a development plan for that area
incorporated by the site plan.
2. All mechanical equipment supporting the office buildings must be screened from visibility from
adjacent ROWs and residents
LANDSCAPE ADMINISTRATOR REVIEW
CONTACT: KEITH MARTIN – (817)748-8229
TREE CONSERVATION COMMENTS:
1. The applicant is proposing to preserve a majority of the existing trees along Davis Boulevard and
within a park area within the west portion of the Ridgeview Terrace right-of-way. Trees that are
proposed to be removed are within the right-of-way, access drives, building pads, and some areas
close to building pad areas because of grading issues to construct building pads and install
utilities.
* The existing tree cover conservation regulations do not apply to Transition Zoning Districts. The City
Council shall consider the application for a Conservation Analysis or Plan in conjunction with the
corresponding development application. The City Council shall approve the Plan or Analysis if the
Council finds that the Plan or Analysis provides for the:
i. placement of building pads, parking areas, driveways, streets, and utility easements so as to
maximize the preservation of environmental features of the property including mature tree
stands, natural creeks and ponds, and significant grades;
ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental
Resource Protection Map;
Case No. Attachment D
ZA08-075 Page 1
iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas
from the noise, glare, and visual effects of nonresidential uses;
iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage
creek;
v. maximizes the preservation of existing protected trees along rural roadways and other streets
as identified and prioritized in the Street Typology designation; and
vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this
Ordinance.
ENGINEERING REVIEW
CONTACT: MICHELLE MCCULLOUGH – (817)748-8274
GENERAL COMMENTS:
* Construction within Davis Blvd (FM 1938) will require a permit from TXDOT.
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
1. A 20’ easement minimum is required if both storm sewer and sanitary sewer will be located within the
easement.The easement between lots 4 and 5 will need to be shown on all sheets. The
development plan sheet shows a 20 foot easement, however the preliminary utility plan show a
proposed 15 foot drainage and utility easement.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to city standards.
WATER COMMENTS:
1. The engineer should consider terminating the water line at the end of the cul de sac in front of lot 7
and then extending the services in order to prevent the multiple bends shown on the existing
preliminary utility plan.
* There is an existing 12 inch water line along the east side of Davis Blvd to serve this development.
* Minimum easement width for utilities along the rear is 30”.
SANITARY SEWER COMMENTS:
* Sanitary sewer services may not cross lot lines without being in an easement.
DRAINAGE COMMENTS:
1. Calculations will be required to verify that the existing storm sewer system will be able to handle the
volume of storm water at proposed conditions.
2. Although the engineer revised the grading for lots 11, 12, 13, and 14, a private storm drain system
should be considered with bee hive type inlets near the rear property lines. Future home owners most
likely will install fencing around the perimeter of their property and may block the flow of the water.
Lot to lot drainage is also not allowed unless an easement is provided. This easement should be a
privately maintained owned easement and stated on the plat.
* Provide a construction entrance with 3-4” size rock.
* Provide a grading plan which includes drainage arrows and 2’ or 5’ contours. Contours may be
obtained from the City of Southlake.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning
construction.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
Case No. Attachment D
ZA08-075 Page 2
INFORMATIONAL COMMENTS:
* Submit 4 copies of the civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City’s website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* An access permit from TxDOT is required prior to construction of a driveway on FM 1709, FM
1938 or SH 114. Submit application and plans directly to TxDOT for review.
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082
to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be approved by Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* A separate bond will be required for the Maintenance Bond and bound only unto the City
of Southlake for a period of two years for all development projects. The Maintenance
Bond cannot be tied to the Performance and Payment Bond in any way.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
COMMUNITY SERVICES (PARKS) REVIEW
CONTACT: PETER KAO – (817)748-8607
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee
credits. Please contact the Community Services Department at (817) 748-8607 for further details.
Land/park dedication requirements:
Requires residential park dedication fees in the amount of $3000 per lot or dwelling unit x 24 lots= $72,000.00
Requires non-residential park dedication fees in the amount of $2400 per gross acre x 2.76 acres= $6,624.00
Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* 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.
Case No. Attachment D
ZA08-075 Page 3
* A letter of permission from the adjacent property owner(s) on the west must be obtained prior to
issuance of a building permit for the construction of the off-site pavement and a permit from
TxDOT must be obtained prior to any curb cut along F.M. 1938.
* Denotes Informational Comment
Case No. Attachment D
ZA08-075 Page 4
SPIN MEETING REPORT
CASE NO.
ZA08-075
PROJECT NAME:
Ridgeview at Southlake
SPIN DISTRICT:
SPIN # 16
MEETING DATE:
August 25, 2008
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Seventeen (17)
SPIN REPRESENTATIVE(S) PRESENT:
Ray Tremain #9e and Mike Terry #13
APPLICANT(S) PRESENTING:
Harry Bowden, Community Site Planners; Curtis Young, Sage
Group, Inc.; et al
STAFF PRESENT:
Richard Schell, Planner II and Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located on the east side of Davis Boulevard just south of the Southlake Crossing
[Albertson’s / Blockbuster] shopping center.
Development Details
Property is approximately 13.22 acres and is zoned SP-1 Detailed Site Plan District, SF-20A Single
Family Residential District, and AG Agricultural District.
Applicant is proposing a T-1 Transition Zoning District to include a neighborhood edge along Davis
Boulevard with single story office buildings (3 proposed) and a residential neighborhood element
adjacent to Southlake Woods subdivision (24 proposed lots). The Plan also proposes
approximately three (3) acres of open space.
QUESTIONS & DISCUSSION
Are there any other T-1 districts approved in Southlake?
QUESTION:
Yes, Tealwood.
RESPONSE:
Where does this density exist in Southlake?
QUESTION:
Within the parameters of T-1 zoning; also Timarron and Tuscan Ridge.
RESPONSE:
Where will drainage run?
QUESTION:
Four different directions (showed on diagram)
RESPONSE:
.
What will the houses cost per square foot?
QUESTION:
The houses will cost between $600,000 and $800,000 and will measure from 3,000 square
RESPONSE:
feet to 4,000 square feet.
It looks like there is a potential entry point on the south side of this development. Will
QUESTION:
this lead to future expansion?
Case No. Attachment E
ZA08-075 Page 1
The stub out you see is a city requirement for connectivity.
RESPONSE:
So that property would need zoning?
QUESTION:
Yes.
RESPONSE:
What are the back of the buildings going to look like?
QUESTION:
Both sides of the buildings will have front elevations.
RESPONSE:
Will there be a buffer at the residential adjacency line?
QUESTION:
There is an existing eight (8) foot fence that will stay; we will also plant trees.
RESPONSE:
How deep are the back yards?
QUESTION:
The measurements will vary. All lots will have to abide by 25 foot set back requirements.
RESPONSE:
How big are the lots?
QUESTION:
About a quarter acre.
RESPONSE:
I am concerned about drainage. Does the pipe leading into Southlake Woods dump
QUESTION:
into the Southlake Wood’s lake?
Not sure.
RESPONSE:
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is
neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the
public of the issues and questions raised by residents and the general responses made. Responses as summarized in
this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the
case through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment E
ZA08-075 Page 2
Surrounding Property Owners
Ridgeview at Southlake
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential
Kuelbs, Gregory G RE 3.06
2. Low Density Residential
Kuelbs, Gregory G RE 2.03
3. Low Density Residential
Kuelbs, Gregory G RE 5.50
4. Low Density Residential
Key, Dorothy RE 6.09
5. Low Density Residential
Mantheiy, Joseph Etux Peggy RE 5.08
6. Retail Commercial
Encore Retail Dev Co Lp SP2 1.56
7. Retail Commercial
Drews Realty Group SP2 1.35
8. Retail Commercial
Stanley Crossing Lp C2 1.34
9. Retail Commercial
Southlake Dunhill Holdings I C3 2.59
10. Retail Commercial
Abs Tx Investor Lp C3 5.84
11. Medium Density Residential
Harvey, Thomas R Etux Donna SF20A 0.45
12. Medium Density Residential
Dzierba, Steven H SF20A 0.44
13. Medium Density Residential
Patel, Jaynish Etux Sapna SF20A 0.62
14. Medium Density Residential
Birmingham, James Etux Betsy A SF20A 0.67
15. Medium Density Residential
Casonhua, Darren Etux Renee SF20A 0.58
16. Medium Density Residential
Davis, Scott Etux Mary SF20A 0.49
17. Medium Density Residential
Perugini, Michael J Etux Karyn SF20A 0.46
18. Medium Density Residential
Mikolasik, Ryan Etux Aimee SF20A 0.45
19. Medium Density Residential
Stewart, David A Etux Nicole D SF20A 0.56
20. Medium Density Residential
Kim, Jin Tae SF20A 0.52
21. Medium Density Residential
Shurtz, Todd R Etux Elizabeth SF20A 0.51
22. Medium Density Residential
Vetter, Bradley G Etux Cynthia SF20A 0.81
23. Medium Density Residential
Kim, Dean H Etux Margaret SF20A 0.49
24. Medium Density Residential
Hu, Gang Etux Zi Yin SF20A 0.46
25. Retail Commercial
Drews Realty Group Inc C2 0.24
26. Mixed Use
Mantheity, Joseph Etux Peggy AG 0.72
Case No. Attachment F
ZA08-075 Page 1
SPO # Owner Zoning Land Use Acreage
27. Mixed Use
Cosgrove, Mary & J P Sheehey J AG 1.55
28. Mixed Use
Cosgrove, Mary & J P Sheehey J AG 1.61
29. Mixed Use
Venus Partners Vi Lp SP1 3.97
30. Mixed Use
Sheehey, Pat SF20A 0.47
31. Mixed Use
Cosgrove, Michael P AG 1.38
32. Mixed Use
Chester Assets Ltd AG 12.75
33. Mixed Use
Chester Assets Ltd AG 0.95
34. Mixed Use
Chester Assets Ltd AG 0.29
35. Mixed Use
Chester Assets Ltd AG 3.02
36. Mixed Use
Chester Assets Ltd AG 0.47
37. Mixed Use
Cosgrove, Mary S AG 5.25
Case No. Attachment F
ZA08-075 Page 2
Surrounding Property Owner Responses
Ridgeview at Southlake
Notices Sent:
Thirty (30)
Responses Received:
Five (5), see attached.
Case No. Attachment G
ZA08-075 Page 1
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Case No. Attachment G
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Case No. Attachment G
ZA08-075 Page 6
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-578
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 DESCRIBED AS TRACTS 2A, 2A1,
2A5C, AND 2A6 IN THE W.R. EAVES SURVEY, ABSTRACT NO. 500
AND TRACTS 1 AND 1C, THOMAS J. THOMPSON SURVEY,
ABSTRACT NO. 1502,., SOUTHLAKE, TARRANT COUNTY, TEXAS,
BEING APPROXIMATELY 13.22 ACRES AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
“
AGRICULTURAL DISTRICT, “S-P-1” DETAILED SITE PLAN
DISTRICT, AND “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT
TO “S-P-1” DETAILED SITE PLAN DISTRICT, AS DEPICTED ON
THE APPROVED 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,
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WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
District, “S-P-1” Detailed Site Plan District, and “SF-20A” Single Family 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
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necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Tracts 2A, 2A1, 2A5C, and 2A6 in the W.R. Eaves
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Survey, Abstract No. 500 and Tracts 1 and 1C, Thomas J. Thompson Survey,
Abstract No. 1502, Southlake, Tarrant County, Texas, being approximately 13.22
acres, and more fully and completely described in Exhibit “A” from “S-P-1” Detailed
Site Plan District, “AG” Agricultural District, and “SF-20A” Single Family Residential
District to “TZD” Transition Zoning District as depicted on the approved Development
Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the
following conditions:
1. Reserved for City Council conditions
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
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consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
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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.
PASSED AND APPROVED on the 1st reading the ____ day of _________, 2008.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being legally described as Tracts 2A, 2A1, 2A5C, and 2A6 in the W.R. Eaves Survey, Abstract No.
500 and Tracts 1 and 1C, Thomas J. Thompson Survey, Abstract No. 1502, being approximately
13.22 acres, and more fully and completely described as follows:
Reserved for Legal Description
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EXHIBIT “B”
Reserved for Approved Development Plan and TZD Development Regulations
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