Item 6B
Department of Planning & Development Services
S T A F F R E P O R T
June 11, 2008
ZA07-058
CASE NO:
Zoning Change and Development Plan for East Haven Addition
PROJECT:
REQUEST: On behalf of Bosworth Farms II, L.P., CIVILworks Engineering is requesting approval
of a zoning change and development plan for RPUD residential planned unit
development zoning. The property is located on the south side of the 1000 block of
East Continental Boulevard between South Carroll Avenue and Byron Nelson Parkway.
The plan proposes 6 residential lots consisting of two 1.5 acre lots fronting E.
Continental Boulevard and 4 lots averaging approximately 23,000 square feet each
which front the existing Haven Circle. The total area of the development is 5.54 acres
and has a residential density of 1.08 dwelling units per acre on land currently zoned
“AG” agricultural district and “I-1” light industrial district. 3.7% or 8,963 square feet
acres of open space is being provided and is proposed to be dedicated as public park
and added to the existing park land along the west side of Haven Circle. A variance to
the 10% open space is being requested in lieu of improvements being proposed to the
existing park property. The proposed regulations and plans are included in the
hyperlink of Attachment ‘C’.
The original plan presented to the Planning and Zoning Commission on April 17, 2008
proposed 10 residential lots averaging 18,415 square feet on 5.54 acres having a
residential density of 1.8 dwelling units per acre on land currently zoned “AG”
agricultural district and “I-1” light industrial district. 10.2% or 0.56 acres of the
development area is included as open space and tree preservation easement. The
plan also included a proposed private gated cul-de-sac street accessing to six lots on
the eastern portion of the site. The Planning and Zoning Commission denied the
request (6-0).
On May 6, 2008 the City Council approved a motion to remand this case back to the
Planning & Zoning Commission for reconsideration due to the significant change
described above following the original recommendation for denial by the Planning and
Zoning Commission.
The Planning and Zoning Commission reconsidered the new proposal on May 22, 2008
and recommended approval (6-0) subject to the
1) Park Board review and conditions set forth in Development Plan Review
Summary No. 5, dated April 30, 2008;
2) Provide one common driveway for Lots 1 and 2; to ensure that Lots 22A, 22,
23, 24, and 25 to be dedicated as open space/parkland as shown on the
development plan;
Case No.
ZA07-058
3) Recognizing the applicant’s willingness to explore and present connectivity
options for the sidewalk on the east boundary to include a connection with at
least a box culvert and a pedestrian bridge as well as any other options;
4) Granting requested variance to allow the reduction in open space to 3.7%;
5) Requiring the applicant to submit a detailed landscape plan for the open
space/parkland portion.
The applicant will present the detailed landscape plan at the City Council meeting.
Conduct a Public Hearing
ACTION NEEDED: 1)
Consider second reading for a zoning change and development plan
2)
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information (Link to PowerPoint presentation)
(D) Development Plan Review Summary No. 5 dated April 30, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-555
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Dennis Killough (817)748-8072
Case No.
ZA07-058
BACKGROUND INFORMATION
OWNER: Bosworth Farms II, L.P.
APPLICANT: Adams Engineering
PROPERTY SITUATION: 1032 E. Continental Blvd.
LEGAL DESCRIPTION: Tracts 1A, 2A, 2A2, 2A3, 2B1, Hollingsworth & Barnett Survey, Abstract No.
797 and Lots 7R, 8R, 20R and 21R East Haven Addition.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: AG Agricultural District and I-1 Light Industrial District
REQUESTED ZONING: R-PUD Residential Planned Unit Development District
HISTORY: A Portion of this property was platted as part of East Haven Addition in July of
1982
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends E. Continental Boulevard to be a
2-lane, undivided collector street with 84 feet of right-of-way. Right-of-way is
shown to be dedicated for this roadway.
Existing Area Road Network and Conditions
The development is proposing to have one (1) street intersect with E.
Continental Boulevard for the eastern six (6) lots. The remaining four (4)
residential lots will use Haven Circle to access E. Continental Boulevard.
E. Continental Boulevard is currently a 2-lane, undivided roadway. The
intersection of E. Continental Boulevard and S. Carroll Avenue to the east is
serviced by a roundabout.
April and May, 2007 traffic counts on E. Continental Blvd
(between Carroll Ave and Byron Nelson Pkwy.)
24hr 4,4684,945
West Bound (WB) () East Bound (EB) ()
A.M. Peak 216671
() ()
11:15 – 12:15 p.m.7:15 – 8:15 a.m.
P.M. Peak 658334
() ()
5:15 – 6:15 p.m.
6:00 – 7:00 p.m.
Case No. Attachment A
ZA07-058 Page 1
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family 10 96 2 6 7 4
Residential
*Vehicle Trips Per Day
**The AM/PM times represent the estimated number of vehicle trips generated during
the peak travel times on E. Continental Blvd.
PATHWAYS
MASTER PLAN: Minimum 4’ sidewalks are required along all street frontages of the proposed
lots. The plan show a 4’ walk along E. Continental Blvd. the proposed
subdivision streets and through the connecting open space lot.
WATER & SEWER: An 8-inch water line currently exists along the north side of E. Continental
Boulevard. An 8-inch water line is currently under construction along Haven
Circle that will service the four (4) southern lots. Water will need to be looped
through the site to serve the six (6) residential lots to the east. This
development will be serviced by an 8” sewer line currently under construction
in Haven Circle.
DRAINAGE ANALYSIS: Property generally drains south to the creek.
TREE PRESERVATION: Several trees are shown to be preserved in the proposed park dedication lot,
along the southern boundary of the site, along the common boundary of Lots 1
& 2 and along E. Continental Boulevard. The majority of trees shown to be
removed are in the building pads and street right-of-way.
P&Z ACTION: April 3, 2008; Denied (6-0)
May 22, 2008; Approved (6-0) subject to the Park Board review and conditions
set forth in Development Plan Review Summary No. 5, dated April 30, 2008;
provide one common driveway for Lots 1 and 2; to ensure that Lots 22A, 22,
23, 24, and 25 to be dedicated as open space/parkland as shown on the
development plan; also recognizing the applicant’s willingness to explore and
present connectivity options for the sidewalk on the east boundary to include a
connection with at least a box culvert and a pedestrian bridge as well as any
other options; granting requested variance; and, requiring the applicant to
submit a detailed landscape plan for the open space/parkland portion.
COUNCIL ACTION: May 6, 2008; Approved on the consent agenda (6-0-1) Jones abstained due to
interests in Item No. 4L, Case ZA08-015) a motion to remand the item back to
the Planning & Zoning Commission for reconsideration due to a significant
change in the proposal following the original recommendation for denial by the
Planning and Zoning Commission.
June 3, 2008; Approved first reading (6-0) subject to the recommendations of
the Planning and Zoning Commission; noting the applicant’s agreement to
enter into a developer’s agreement which will entail the installation of a
footbridge along Continental Boulevard within the city right-of-way subject to
reimbursement by the city within that developer’s agreement; subject to
Development Plan Review Summary No. 5, dated April 30, 2008; and requiring
developer to bring back a more detailed landscaping plan for the park by the
Case No. Attachment A
ZA07-058 Page 2
second reading.
STAFF COMMENTS: Development Plan Review Summary No. 5 dated April 30, 2008 is attached.
A SPIN meeting was held on February 25, 2008. No one attended. A SPIN
meeting was held February 12, 2007 for the redevelopment of Haven Circle
(formerly Perry Lane) and development of adjacent properties.
N:\Community Development\MEMO\2007cases\07-058ZDP.doc
Case No. Attachment A
ZA07-058 Page 3
Case No. Attachment B
ZA07-058 Page 1
Link to PowerPoint Presentation
Case No. Attachment C
ZA07-058 Page 1
Development Plan
Case No. Attachment C
ZA07-058 Page 2
Development Plan Presented to P & Z 4/17/08
Case No. Attachment C
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA07-058Five04/30/08
Case No.: Review No.: Date of Review:
Project Name: Zoning and Development Plan – East Haven Addition
APPLICANT: ENGINEER:
Bosworth Farms II LP CivilWorks
(817) 448-9595
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/21/08 AND WE OFFER THE
FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL
UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748-8072.
1. A RPUD zoning must provide a minimum of 10% of the land area in open space usable and of
benefit to the residents within the development. The applicant proposes 3.7% of open space.
The amount of said common open space may be varied downward by the City Council when a
lesser amount of such open space would be more appropriate to the density of development or
size of families or households proposed in a project, or where the availability and nature of
adjacent public open space is such that a lesser amount of common open space would
adequately protect the health, safety and welfare and promote the orderly development of the
residential uses. (All open space is subject to City Council approval)
2. Label the sidewalks
3. The following changes are needed to the RPUD uses and development regulations:
a. Include a regulation allowing Lots 7R, 8R, 20R and 21R to front on the 25’ Public Roadway,
Drainage and Utility Easement noting the type of street section to be allowed.
b. Label the net lot area (less the are lying in the roadway, D & UE) and set the minimum
permitted lot area based on that number.
c. Provide a minimum lot width (and depth if less than 125 feet) in accordance with the lot
widths measured at the front building line.
* All plats must comply with the underlying zoning regulations for the zoning district in which
this property lies.
* A preliminary plat application along with all supporting documents, plats, plans, information
and fee must be submitted and approved prior to any final plat being approved. A complete
preliminary plat application has not been received.
Case No. Attachment D
ZA07-058 Page 1
* Any trees shown to be preserved cannot be removed even after occupancy. Any
removal will require a tree removal permit and mitigation if approved. Ensure that all
building and accessory construction areas are being accounted for.
* A SPIN meeting was held on February 25, 2008.
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, and a 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.
Engineering Review Summary
Michael James, Civil Engineer
Dated: 2/7/08
Review No. 2
mjames@ci.southlake.tx.us
Phone: (817) 748-8100
GENERAL COMMENTS:
1. Show the curb return radius for the proposed drive. The curb return radius for driveways
must be 30’ minimum. All fire lane radii must be 30’ minimum. The turnaround radius must
conform to fire department standards of 50’ min.
* Note that private streets must be constructed to conform to City street standards.
* Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
* Public water and sanitary sewer lines cannot cross property lines without being in a public
easement or in the ROW. All water and sewer lines in easements or in the ROW must be
constructed to City standards.
* Minimum easement width for public utilities is 15 feet.
WATER AND SANITARY SEWER COMMENTS:
* Public water lines cannot cross property lines without being in an easement or in the ROW.
* The existing water line in Perry Circle does not meet the required 42” minimum cover. The
water line will need to be lowered prior to issuance of building permits of any lots being
served with this water line.
Case No. Attachment D
ZA07-058 Page 2
DRAINAGE COMMENTS:
1. The preliminary drainage plan does not indicate how you plan to address increased runoff
from this development. Provide existing and proposed condition calculations for this
development.
2. All storm sewers collecting runoff from the public street shall be RCP. The proposed flume
will not be allowed.
* There is no Critical Drainage Structure fee associated with this development.
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed
Construction Plan Checklist directly to the Public Works Administration Department
for review. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City’s website. 0u-
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* 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.
* 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.
Landscape-Tree Review Summary
Keith Martin
Dated: 2/29/08
Review No. 4
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
* On the submitted tree conservation Plan the trees shown to be removed are in house pads,
right-of-ways, utility easements or in low areas that will need to receive fill to construct a
home and to drain properly. The trees in the middle of the open space area are Chinaberry
trees and are an invasive plant species. The trees at the back of the property are better
quality.
* Please be aware that all existing trees shown to be preserved on the City Council approved
Tree Conservation Plan must be preserved and protected during all phases and
Case No. Attachment D
ZA07-058 Page 3
construction of the development. Alteration or removal of any of the existing trees shown to
be preserved on the approved Tree Conservation Plan is a violation of the Tree
Preservation Ordinance and the zoning as approved by the Southlake City Council. Please
ensure that the layout of all structures, easements, utilities, structures grading, and any
other structure proposed to be constructed do not conflict with existing trees intended to be
preserved.
BUFFERYARD:
Please provide a Landscape Plan along with bufferyard plant material calculations for the 10’-B
type bufferyard adjacent to E. Continental Blvd.
DPS-Fire Review Summary
David C. Barnes, Fire Marshal
Dated: 2/6/08
Review No. 1
Phone: (817) 748-8233
GENERAL COMMENTS:
Subdivision street name needs to be changed from Haven to something else.
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided to within 150 feet of all exterior portions of
the perimeter of buildings on a “hose-lay” basis. Fire apparatus access, if necessary,
needs to be all weather surface (asphalt or concrete) 24 feet wide and able to support
fire apparatus.
Fire apparatus access needs to be designed and maintained to support the imposed
loads of fire apparatus (minimum of 65,000 lbs GVW).
Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn
radius. (per 2003 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and
updated 07-18-97) Dimension turn radii on site plan.
FIRE HYDRANT COMMENTS:
* Hydrant may be required depending upon building construction type and square footage
and locations of existing hydrants. (per 2003 I.F.C. Section 508.1. as amended)
Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on
pumper outlet for five-inch diameter hose.
Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered
600 feet
Case No. Attachment D
ZA07-058 Page 4
Sprinklered. All others 300 feet Unsprinklered and 600 feet Sprinklered. Hydrants are
required at
intersecting streets and at intermediate locations between as prescribed above,
measured as the
hose would be laid.
INFORMATIONAL COMMENTS:
* All construction plans to be submitted for a building permit must conform to the edition of
the International Fire Code currently amended and adopted.
* All commercial buildings are required to have Knox rapid entry system boxes installed.
(per 2003 I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or
contact the Fire Marshal’s Office. FDC connections must have a Knox Locking Cap.
# = Denotes comment that may be included in formal review by P&Z and City Council.
* = Denotes informational comment.
Case No. Attachment D
ZA07-058 Page 5
Parks Review Summary:
Julie Dove
Dated: 1/9/08
Review No. 2
Phone: (817) 748-8026
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) 748-8026 for further details.
Park dedication request approved by park board at their meeting as follows:
Case No. Attachment D
ZA07-058 Page 6
Surrounding Property Owners
East Haven Addition
SPO Owner Zoning Land Use Acreage
#
1. Medium Density Residential
Bosworth Farms II Lp MH 0.20393767
2. Medium Density Residential
Bosworth Farms II Lp MH 0.26542662
3. Medium Density Residential
Bosworth Farms II Lp MH 0.25539764
4. Medium Density Residential
Bosworth Farms II Lp MH 0.21966198
5. Medium Density Residential
Bosworth Farms II Lp I1 0.17541102
100 Year Flood Plain
6. Medium Density Residential
Bosworth Farms II Lp MH 0.21296686
7. Medium Density Residential
Bosworth Farms II Lp AG 0.24652593
100 Year Flood Plain
8. Medium Density Residential
Bosworth Farms II Lp MH 0.25033815
9. Medium Density Residential
Bosworth Farms II Lp AG 0.16460845
10. Medium Density Residential
Bosworth Farms II Lp MH 0.21128854
11. Medium Density Residential
Bosworth Farms II Lp MH 0.25008204
12. Medium Density Residential
Bosworth Farms II Lp MH 0.25558426
13. Medium Density Residential
Bosworth Farms II Lp MH 0.25208842
14. Medium Density Residential
Bosworth Farms II Lp MH 0.18988305
15. Medium Density Residential
Bosworth Farms II Lp MH 0.26552832
16. Medium Density Residential
Bosworth Farms II Lp MH 0.22146927
17. Medium Density Residential
Bosworth Farms II Lp MH 0.27545640
18. Medium Density Residential
Bosworth Farms II Lp MH 0.17229786
19. Medium Density Residential
Southlake, City Of MH 0.20737598
20. Medium Density Residential
Southlake, City Of MH 0.22646267
Case No. Attachment E
ZA07-058 Page 1
21. Public Parks/Open Space
Southlake, City Of I1 0.22055101
100 Year Flood Plain
22. Public Parks/Open Space
Southlake, City Of I1 0.23794253
100 Year Flood Plain
23. Public Parks/Open Space
Bosworth, Marcel Edward I1 0.18642668
100 Year Flood Plain
24. Public Parks/Open Space
Timarron Owners Assn Inc I1 0.23668581
100 Year Flood Plain
25. Medium Density Residential
Timarron Golf Club Inc SF1-A 0.877
26. Medium Density Residential
Shlonsky, John S Etux Diane M RPUD 5.897
100 Year Flood Plain
27. Medium Density Residential
Buthman, Mark Etux Tammy RPUD 3.615
100 Year Flood Plain
28. Medium Density Residential
Wilson, Michael S Etux Trish RPUD 0.929
29. Medium Density Residential
Okland, Scott Etux Kimberley RPUD 0.88
30. Medium Density Residential
Anderson, Donald Etux Linda RPUD 0.613
31. Medium Density Residential
Herring, Mary L RPUD 1.517
32. Medium Density Residential
Broadway, Al E Etux Mary R RPUD 0.868
33. Medium Density Residential
Petroski, Julie E Etux Bruce E RPUD 0.647
34. Medium Density Residential
Shiminski, Kyle Etux Juliana M RPUD 0.386
35. Medium Density Residential
Kelly Revocable Trust RPUD 0.431
36. Medium Density Residential
Moser, Stephen B Etux Katie A RPUD 0.516
37. Medium Density Residential
Timmaron Owners Assoc Inc RPUD 0.444
38. Medium Density Residential
Bosworth Farms II Lp RPUD 0.529
39. Medium Density Residential
Bosworth Farms II Lp RPUD 0.397
40. Medium Density Residential
Bosworth Farms II Lp AG 1.856
41. Medium Density Residential
Bosworth Farms II Lp AG 1.019
42. Medium Density Residential
Bosworth Farms II Lp AG 0.435
43. Medium Density Residential
Bosworth Farms II Lp AG 1.00489575
100 Year Flood Plain
Case No. Attachment E
ZA07-058 Page 2
Surrounding Property Owner Responses
East Haven Addition
Notices Sent: Forty-three (43).
Responses Received: Two (2):
Michael Wilson, 1203 Kirkcaldy Ct., Southlake, TX – undecided (see attached)
Mary Herring, 905 Jenny Terrace, Southlake, TX – in favor (see attached)
Case No. Attachment F
ZA07-058 Page 1
Case No. Attachment F
ZA07-058 Page 2
Case No. Attachment F
ZA07-058 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-555
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 TRACTS 1A, 2A, 2A2, 2A3, 2B1, HOLLINGSWORTH
& BARNETT SURVEY, ABSTRACT NO. 797 AND LOTS 7R, 8R, 20R, 21R EAST
HAVEN ADDITION.BEING APPROXIMATELY 5.54 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT AND “I-1” LIGHT INDUSTRIAL DISTRICT TO
“R-PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT WITH
“SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, AS DEPICTED ON
THE APPROVED DEVELOPMENT PLAN, INCLUDING “RPUD”
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 “AG” Agricultural District and “I-
1” Light Industrial District under the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment G
ZA06-131 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, 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
Case No. Attachment G
ZA06-131 Page 2
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:
Tracts 1A, 2A, 2A2, 2A3, 2B1, Hollingsworth & Barnett Survey, Abstract No. 797 and
Lots 7R, 8R, 20R and 21R East Haven Addition, and more fully and completely
described in exhibit “A” from “AG” Agricultural District and “I-1” Light Industrial District to
“R-PUD” Residential Planned Unit Development District with “SF-20A” Single Family
Residential District uses as depicted on the approved Development Plan, including “R-
PUD” development standards, attached hereto and incorporated herein as Exhibit “B”,
and subject to the following specific conditions:
1.
Case No. Attachment G
ZA06-131 Page 3
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 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
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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.
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.
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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
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Tracts 1A, 2A, 2A2, 2A3, 2B1, Hollingsworth & Barnett Survey, Abstract No. 797 and Lots 7R, 8R,
20R and 21R East Haven Addition, more fully and completely described by metes and bounds as
follows:
Reserved for metes and bounds
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1
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EXHIBIT “B”
Reserved for Approved Development Plan and RPUD standards
Case No. Attachment G
2
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