Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
September 15, 2010
CASE NO: ZA10-048
PROJECT: Winfield Estates
EXECUTIVE
SUMMARY:
Toll Brothers Inc. is requesting approval of a Zoning Change and Development Plan
for Winfield Estates. The purpose of the zoning change is to modify the fencing
requirement on the south boundary and change the garage orientation regulations
for the existing “R-PUD” Residential Planned Unit Development Zoning District.
There are no other changes proposed for 9.14 acre twelve (12) residential lot
single-family residential development located at the southwest corner of E. Dove
Road and N. Carroll Avenue. The property addresses are 2210 N. Carroll Avenue
and 1107 & 1155 E. Dove Road.
DETAILS:
Toll Brothers Inc. is requesting approval of a Zoning Change and Development Plan
for the purpose of modifying the regulations of garage orientation and the
requirement for wooden fencing along the southern boundary of the development.
This development was originally approved by City Council on November 20, 2007
Planning Case ZA07-063
under and was subject to the conditions listed under
Attachment “C” of this staff report. The applicant is proposing to remove the
condition prohibiting street facing front entry garages in order to allow a 2/1 split
garage where a 2-car garage faces to the side yard and a 1-car garage faces the
street as demonstrated by the exhibit under Attachment “C”. The applicant is also
requesting to change the fencing requirement along the entire length of the
southern boundary of the development to wrought iron rather than wood.
No other changes are proposed to the originally approved development. The
following is site data information regarding the development:
SITE DATA SUMMARY
Existing Zoning R-PUD
Proposed Zoning R-PUD
Medium Density Residential
Land Use Designation
Low Density Residential
Gross Acreage 9.14 Ac.
Net Acreage 8.37 Ac.
Area of Open Space 1.40 Ac. (15%)
Number of Res. Lots 12
Gross Density 1.31 du/ac
Net Density 1.43 du/ac
Minimum Lot Size 20,000 sq. ft.
Maximum Lot Size 25,445 sq. ft.
Average Res. Lot Size 21,625 sq. ft.
Case No.
ZA10-048
The R-PUD zoning will follow the uses and regulations of the “SF-20A” Single
Family Residential District and the City of Southlake Subdivision regulations with
the following modifications listed in Attachment ‘C’ of this report.
st
At the 1 Reading of the City Council meeting on September 7, 2010 the City
Council requested the applicant modify their request to include additional
landscaping adjacent to Lots 9 & 10, require wooden garage doors and not permit
any additional material such as wood on the approved wrought iron fencing. The
applicant has addressed these requests and has provided documentation under
Attachment ‘C’ of this staff report.
ACTION NEEDED: 1) Conduct Public Hearing
nd
2) Consider 2 Reading Zoning Change and Development Plan Request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 1, dated August 12, 2010
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-534a
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA10-048
BACKGROUND INFORMATION
OWNER:
Toll Brothers Inc.
APPLICANT:
Toll Brothers Inc.
PROPERTY SITUATION:
1107 & 1155 E Dove St. and 2210 N Carroll Ave.
LEGAL DESCRIPTION:
Tracts 1, 1C, & 1C1, A.H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Medium Density Residential and Low Density Residential
CURRENT ZONING:
“R-PUD” Residential Planned Unit Development Zoning District
REQUESTED ZONING:
“R-PUD” Residential Planned Unit Development Zoning District
HISTORY:
- There is no recent development history on these unplatted properties.
- The building at the corner of Dove and Carroll (previously a day-care)
was built in 1967 (Source: TAD) with Light Commercial zoning approved
March 16, 1971 (ZA71-001) and later “C-2” zoning with adoption or the
current Zoning Ordinance No. 480 and Map on September 19, 1989.
The building was removed with the construction of this development.
- The residence at 1107 E Dove Rd was built in 1984 (Source: TAD and
removed with the construction of this development.
- A Zoning Change & Development Plan was approved by City Council on
Planning Case ZA07-063
November 20, 2007 under which established
Winfield Estates.
- A Preliminary Plat was approved on May 6, 2008 by City Council under
Planning Case ZA08-014
.
- A Final Plat (ZA08-033) for Winfield Estates was approved by the
Planning & Zoning Commission (5-0) on May 8, 2008 and an extension
was approved until May 8, 2010. An additional extension has been
requested.
SOUTHLAKE 2025:
The underlying land use designation
is Medium Density Residential on
the eastern portion of the property
and Low Density Residential on the
western portion. There is also a
Rural Conservation optional
designation on the entire site. Since
the property is less than 20 acres in
size, it is too small to be developed
as a rural conservation subdivision.
The proposed development is
consistent with the Medium Density
Residential designation. A Comprehensive Plan Amendment application
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was submitted originally in 2007 to change the entire site’s underlying
designation to Medium Density Residential, however staff at that time had
determined this change is not required to proceed with the zoning change
and concept plan request.
TRANSPORTATION
ASSESSMENT:
Mobility & Master Thoroughfare Plan
The functional street classification of North Carroll Avenue is a 2-lane
Arterial with an 88-foot Right-of-Way. The appropriate amount of right-of-
way is being dedicated on both Carroll Avenue and Dove Street with this
proposal.
Existing Area Roadway Network
Winfield Estates will have one access point on North Carroll Avenue.
Although adjacent, no access to Dove Street is provided. North Carroll
Avenue is currently a 2-lane undivided roadway without curb and gutter.
April - May, 2009 traffic counts on N. Carroll Avenue
(between E. Highland St. and E. Dove Rd.)
North Bound South Bound
24hr 2,518 2,444
Peak A.M. 7:30 – 8:30 (234) 7:30 – 8:30 (322)
Peak P.M. 5:15 – 6:15 (283) 5:00 – 6:00 (205)
Traffic Impact
The traffic impact of the proposed development is as follows:
Use # Lots Vtpd* AM-IN AM-OUT PM-IN PM-OUT
Single-Family
12 115 2 7 8 4
Residential Lots
Vehicle Trips Per Day
*
PATHWAYS
MASTER PLAN:
The Subdivision Ordinance requires 4 foot sidewalks (minimum) along both
sides of all streets. The required sidewalks are shown on both sides of the
proposed street and along the south side of Dove Street and the west side
of Carroll Avenue.
WATER & SEWER:
Water: The development will tie into an existing 6-inch water line in N.
Carroll Avenue and E. Dove Street.
Sewer: The development will tie into an existing 6-inch sanitary sewer line in
N. Carroll Avenue.
DRAINAGE ANALYSIS:
The developer proposed to drain the majority of this site to the provided wet
retention pond in the northeast corner of the development which is currently
built.
PLANNING & ZONING
COMMISSION:
August 19, 2010; Approved (5-2) granting the applicants request to change
the fencing requirement along the entire southern boundary of the
development to wrought iron rather than wood; granting the applicants
Case No. Attachment A
ZA10-048 Page 2
request to allow a 2:1 split garage door option noting that the 2-car garage
must face the side and be at least 19-feet behind the 1-car garage and that
the 1-car garage only may face towards the front requiring staff to research
Council’s previous motion for this development regarding garages; subject
to Staff’s Report dated August 13, 2010; and subject to Development Plan
Review Summary No. 1, dated August 12, 2010.
CITY COUNCIL:
September 7, 2010; Approved (6-1) granting the applicants request for
wrought iron fence along the southern boundary rather than wood and the
2:1 split garages as presented adding that none of the approved wrought
iron fencing shall be permitted to have additional material added to it and
noting the applicants willingness to add this requirement to the HOA’s
nd
covenants; noting that the applicant will provide by 2 Reading additional
landscape buffering in the common area next to Lots 9 and 10 to screen the
2-car garages from Dove Road; adding the requirement to have wooden
garage doors as in Estes Park subject to Staff Report dated August 13,
2010 and Development Plan Review Summary No. 1, dated August 12,
2010.
STAFF COMMENTS:
Attached is Development Plan Review Summary No. 1, dated August 12,
2010.
N:\Community Development\MEMO\2010 Cases\048 - ZDP - Winfield Estates\Staff Report
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Plans and Support Information
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FENCING MODIFICATION
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N. CARROLL AVENUE ENTRANCE
FOUNTAIN POND FEATURE
COLOR DEVELOPMENT PLAN
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TREE PRESERVATION PLAN
Preserved -
Marginal -
Remove -
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA10-048One08/12/2010
Case No.: Review No.: Date of Review:
Zoning Change & Development Plan – Winfield Estates
Project Name:
APPLICANT: CONTACT:
Toll Brothers Inc. Toll Brothers Inc.
2557 Southwest Grapevine Pkwy. Greg Powell, Sr. Project Manager
Grapevine, TX 76051 2557 Southwest Grapevine Pkwy.
Phone: (817) 329-8770 Grapevine, TX 76051
Fax: (817) 251-2197 Phone: (817) 481-7600
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY 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
DANIEL CORTEZ AT (817) 748-8070.
PLANNING
1. Either provide an HOA Wall Easement on Lot 11 or shift the development’s perimeter fence/wall
entirely within the HOA/Open Space Lot(s) / Bufferyards.
2. Correct the Zoning Request Letter to show what is indicated on the Plans provided to staff regarding
fencing along the south boundary as to type.
3. One revised copy incorporating all conditions of zoning approval is required to be submitted if
approved by City Council.
TREE CONSERVATION COMMENTS
* The Tree Conservation Plan breaks down the existing trees as trees to be saved, trees to be
removed, and trees to be mitigated or try to be saved. The trees that are proposed to be removed
are within house pads and the right-of-way. Trees that are shown to be mitigated are outside of the
house pads and right-of-way but topography grade changes within areas where the trees exist
would most likely require that they be removed. Retention walls and tree wells can be utilized to
attempt to preserve some of the trees but there would need to be additional underground drainage
or storm drains provided on lots where trees are placed in tree wells.
If trees are required to be mitigated the developer or builder shall follow the regulations for tree
replacement outlined in Ordinance 585-C. It is at the discretion of the City as which form of tree
mitigation will be required, either payment into the reforestation fund, planting trees back on site, or
a combination of both. If mitigation trees are required to be planted on a site then at the time a Tree
Permit is applied for to remove a tree/s, a tree mitigation plan shown where the trees will be
planted and must be submitted as a part of the permit application. Payment into the Reforestation
Fund is set by ordinance at $200 per diameter inch of tree removed, not to exceed $2,000 per
incident.
* 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 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
Case No. Attachment D
ZA10-048 Page 1
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.
LANDSCAPING COMMENTS
* The applicant provided a Landscape Plan for the bufferyard areas along Dove Street and North
Carroll Avenue. A wrought iron fence with stone columns is proposed to be constructed within a
portion of the north and east buffereyards and along the north and east property lines. Some of the
plant material is shown to be provided in front of the fence and some is shown to be behind the
fence but can be seen through the wrought iron sections of the fence. This is allowable.
* Should a property owner choose to place a fence/wall on the perimeter of a property adjacent to the
right-of-way (R.O.W.), the wall must be 10’ off the R.O.W. or may vary back and forth within the 10’
offset. If wall offset varies, some of the required landscape canopy trees may be behind the wall
while the remainder of the plantings must be in front of the wall or visible from the street (i.e.
wrought iron fence).
DRAINAGE COMMENTS
* The difference between pre and post development runoff shall be captured in the detention pond.
The proposed detention pond outlet shall control the outfall for the 5, 10 and 100 year storm
events.
* Note: Any changes to the size, shape, and/or location of the proposed pond(s) may require a
revision to the concept/site/development plan and may need to be approved by the Planning and
Zoning Commission and the City Council.
* Driveway culverts shall be sized by an engineer and submitted for approval to the City Engineer.
* There is no Critical Drainage Structure fee associates with this development.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
ENGINEERING 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.
* 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 will 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.
Informational Comments
* 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
Case No. Attachment D
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be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap
Fees, and related Permit Fees.
* 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 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
* Denotes Informational Comment
.
Case No. Attachment D
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Surrounding Property Owners
Winfield Estates
SPO # Owner Zoning Land Use Acreage Response
Low Density Residential,
Carroll ISD CS 28.22
1. NR
Public/Semi-Public
Anderson, Steven Etux Cheryl SF1-A Low Density Residential 1.99
2. NR
Miller, Michael Etux Cynthia SF1-A Low Density Residential 2.35
3. NR
Low Density Residential,
Gist, Greg L O1 1.01
4. NR
Medium Density Residential
Low Density Residential,
Kearns, Jeff Etux Andrea RPUD 0.63
5. NR
Medium Density Residential
Low Density Residential,
Kraemer, Jay Etux Kimberly RPUD 0.82
6. NR
Medium Density Residential
Wood, Steve Neil RPUD Medium Density Residential 0.77
7. NR
Low Density Residential,
Carney, Max Etux Nicole RPUD 0.74
8. NR
Medium Density Residential
Low Density Residential,
Garcia, Anthony Etux Donna RPUD 0.62
9. NR
Medium Density Residential
Depperman, Chris Edwin RPUD Medium Density Residential 0.63
10. NR
Estes Park Hoa RPUD Medium Density Residential 1.54
11. NR
Martinez, Keith A Etux Low Density Residential,
SF1-A 1.33
12. NR
Deborah Medium Density Residential
Mills Custom Homes Lp SF20B Low Density Residential 0.44
13. NR
Low Density Residential,
Carroll Ave/Dove Road Dev Llc RPUD 4.30
14. NR
Medium Density Residential
Barnes, David C & Cynthia R AG Low Density Residential, 0.97
15. NR
Case No. Attachment E
ZA10-048 Page 1
Medium Density Residential
Low Density Residential,
Carroll Ave/Dove Road Dev Llc RPUD 2.90
16. NR
Medium Density Residential
Low Density Residential,
Carroll Ave/Dove Road Dev Llc RPUD 1.94
17. NR
Medium Density Residential
Southlake, City Of CS Public/Semi-Public 0.10
18. NR
Hall, Harvey E Etux Sarah D AG Low Density Residential 1.47
19. NR
Alan Kay Custom Homes Llc AG Low Density Residential 5.08
20. NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Twenty (20)
Responses Received:
None
Case No. Attachment E
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Surrounding Property Owner Responses
NONE
Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-534a
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 1, 1C, & 1C1, SITUATED IN THE A.H.
CHIVERS SURVEY, ABSTRACT NO. 299, BEING APPROXIMATELY 9.14
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 WITH
“SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT USES, 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 Zoning District under the City’s Comprehensive Zoning Ordinance;
Case No. Attachment G
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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 requires the amendments, and that the zoning changes do not unreasonably invade the
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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 Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299,
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being approximately 9.14 acres, and more fully and completely described in
exhibit “A” from “R-PUD” Residential Planned Unit Development Zoning District to
“R-PUD” Residential Planned Unit Development Zoning 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:
Noting there will be no front entry garages
1. ;
2. Provide minimum 4” caliper canopy trees;
3. Subject to the handouts provided this evening;
4. Subject to applicant’s presentation this evening;
5. Requiring the garages on the first two building lots at the entrance of Street ‘B’ off
of North Carroll Avenue to be on the west side of those houses;
6. Requiring the applicant to make sewer available on the northwest corner of the
site subject to city staff approval and engineering review;
Requiring the fence on the south side of the subdivision
7. to wrap around at
to be wrought iron
Carroll Avenue extending 45 feet and then being a cedar
fence capped on both sides;
8. Requiring the applicant to remain in control of the Homeowners Association until
85% of the homes are occupied; and
9. Subject to Development Plan Review Summary No. 6 (Planning Case ZA07-063),
dated November 14, 2007:
a. As the Development Plan shows all lots to have a 35-foot front yard setback,
remove the statement in the R-PUD district regulations that allow for 30-foot
front yard setbacks on cul-de-sacs and corner lots.
b. As the Development Plan shows all lots to have a 125-foot rear property line
width adjacent to the "SF-1A" property to the west, remove the regulation in the
R-PUD district regulations that asks for a waiver of this requirement.
c. Correct the lot numbering (skips from Lot 9 to Lot 11)
d. Either provide an HOA Wall Easement on Lot 11 or shift the development’s
perimeter fence/wall entirely within the HOA/Open Space Lot(s) / Bufferyards.
e. Show and label the sidewalk and width of sidewalk connection from the interior
sidewalk network to the sidewalk along E. Dove St.
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,
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subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to provide adequate light and air; to prevent over-crowding
of land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of
Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the 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.
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SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and
if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of
any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
th
PASSED AND APPROVED on the 1st reading the 7 day of September, 2010.
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________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
st
PASSED AND APPROVED on the 2nd reading the 21 day of September, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
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EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 1, 1C, & 1C1, situated in the A.H. Chivers Survey, Abstract No. 299, being
approximately 9.14 acres:
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EXHIBIT “B”
DEVELOPMENT PLAN
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TREE CONSERVATION PLAN
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TREE PLANTING PLAN
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LANDSCAPE PLAN
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DEVELOPMENT PLAN RENDERING
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CONCEPTUAL RENDERING OF
RETENTION POND / OPEN SPACE LOT
CONCEPTUAL RENDERING OF WINFIELD
ESTATES ENTRY OFF CARROLL AVENUE
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