Item 7CCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
May 9, 2007
ZA07-018
CASE NO:
Zoning Change and Development Plan for Tealwood
PROJECT:
REQUEST: On behalf of Robert Lemke, Four Peaks Development Company is requesting approval
of a zoning change and development plan from "I-1" Light Industrial District to "TZD"
Transition Zoning District. The plan proposes the development of 15 single-family
residential lots and 3 open space lots on approximately 5.15 acres.
The plan proposes the following:
Proposed Required/Recommended
Gross Acreage 5.15 Ac. 4 to 20 acres (Recommended)
Net Acreage 4.18 Ac -
Area of Open Space 0.62 Ac -
Percentage of Open Space 12.04% 15% (Required Gross)
(Gross)
Number of Residential 15 -
Lots/Units
Gross Density 2.91 du/ac 2.0 du/ac
Net Density 3.59 du/ac -
Although the proposed development is intended to meet the goals of the Transition
Zoning District, several elements do not meet the standards outlined in the district
regulations. The development proposes only one of the three TZD components – the
Neighborhood (residential uses). The development includes 15 residential lots with a
minimum lot size of 10,000 sq.ft. and a total of 0.62 acres (14.83% net; 12.04% gross)
in open space while the requirement is for a minimum of 15% gross open space area.
The following variances are being requested:
Density - The maximum residential density in the Transitional Zoning District is two
(2) units per acre. The applicant is proposing a gross density of 2.91 units per acre.
Open Space - Overall open space allocations in the TZD shall be a minimum of
15% of the gross area of the entire site included in the TZD development plan.
TZD District Components - A Transition Zoning District consists of a minimum of
two of the following three district components: a Retail Area, a Retail
Edge/Neighborhood Edge, and a Neighborhood. The applicant is proposing only
the Neighborhood component.
Case No.
ZA07-018
Dead-End Streets - Dead-end streets shall be permitted only where a future
extension or connection is to be made. The applicant is proposing a dead-end street
that will connect to E. Continental Boulevard through an emergency access
easement and access gate.
Street Layout - Intersections are required to be offset a minimum distance of 125
feet. The applicant is proposing an emergency access drive offset approximately 51
feet from the street across E. Continental Boulevard.
Street Stubs - Proposed streets for a subdivision shall be effectively related to the
present and future street system. The applicant is requesting relief from providing
street stubs to the undeveloped east and west properties.
Street R.O.W. & Pavement Width - The minimum R.O.W. width for local
residential streets is 50 feet with a minimum pavement width of 31 feet. The
applicant is requesting a R.O.W. width of 40 feet and a pavement width of 31 feet .
Tree Conservation Plan - The applicant is requesting a waiver from the Tree
Conservation Plan requirement. The applicant is proposing to defer the requirement
until the preliminary plat submittal.
At the April 19, 2007 P&Z Commission meeting, the item was tabled with the
following information requested to be addressed at the next meeting:
Consider first reading for a zoning change and development plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Plan Review Summary No. 4, dated May 9, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Summary Report
(H) Ordinance No. 480-523
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602) and Jennifer Crosby (748-8195)
Case No.
ZA07-018
BACKGROUND INFORMATION
OWNER: Robert Lemke
APPLICANT: Four Peaks Development Company
PROPERTY SITUATION: 1589 E. Continental Boulevard
LEGAL DESCRIPTION: Tract 2F01, J.N. Gibson Survey, Abstract No. 591
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: “I-1” Light Industrial District
REQUESTED ZONING: “TZD” Transition Zoning District
HISTORY: There is no development history on the property. The "I-1" Light Industrial
Zoning was placed on the property with approval of Comprehensive Zoning
Ordinance No. 480 on September 19, 1989.
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. The plan also shows a gated, emergency access drive
that will access directly onto 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 west is
serviced by a roundabout.
May, 2006 traffic counts on E. Continental Blvd (between Carroll Ave
and Crooked Ln)
24hr 4,4903,770
West Bound (WB) () East Bound (EB) ()
WB 336517
Peak A.M. () Peak P.M. () 5 – 6 p.m.
7:45 – 8:45 a.m.
EB 830326
Peak A.M. () Peak P.M. ()
7:30 – 8:30 a.m.
3:30 – 4:30 p.m.
Traffic Impact
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Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family 15 144 3 8 10 5
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: The Pathways Master Plan does not make any recommendations for sidewalks
or trails along the south side of E. Continental Boulevard. A 6-foot sidewalk is
proposed along the south side of E. Continental Boulevard and a 5-foot sidewalk
is proposed along both sides of the proposed street.
WATER & SEWER: A 12-inch water line currently exists along the north side of E. Continental
Boulevard. An 8-inch sanitary sewer line currently exists along the east side of
the development and along a small portion of the south boundary.
DRAINAGE ANALYSIS: This site will drain to the proposed detention pond at the southeast corner of
the development.
TREE PRESERVATION: The best quality trees are located around the perimeter of the site. The
proposed grading that is shown on the Development Plan shows the sloping of
the proposed grade along the east and south property lines. This will cause
grade changes within the critical-root-zone area of the existing trees. Staff
recommends evaluating the grading of the property to minimize conflict with
existing trees.
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The underlying land use designation is Mixed Use and the property currently
does not have an optional land use designation. TZD is an appropriate zoning
district in areas designated Mixed Use and a land use amendment is not
required.
However, the proposed Transition Zoning District is not consistent with the
recommended land use mix for the Mixed Use land use category in that the
district does not have a retail or office component and the residential
component is more than recommended.
Mixed Use Recommended Land Use Mix*
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ZA07-018 Page 2
Land Use Percentage Proposed
of Acreage
Retail 30% ± 20% 0%
Office 35% ± 30% 0%
Residential 15% ± 15% 85.17%
Open Space 15% ± 15% 14.83% (all open space)
9.33% (excluding detention pond)
Civic Uses 5% ± 5% 0%
*These percentages are not regulatory and should only be used as a guide.
The proposed Transition Zoning District is not consistent with the purpose,
definition, scale and context criteria, and land use mix guidelines for the T-2
land use category.
Specifically, the purpose and definition of the T-2 land use category are as
follows:
“Purpose:
The purpose of the Transition 2 (T-2) land use category is to
provide an alternative tool to allow flexibility in the development of smaller
“transition” sites. The T-2 district is intended to consist of primarily single-
family residential uses; however, non-residential development may be
appropriate in some cases, particularly near an arterial roadway. The
standards and criteria established under this land use category constitute
general guidelines for the staff, Planning & Zoning Commission, and City
Council to evaluate comprehensive development proposals for specific
properties as identified in the City’s Land Use Plan. The T-2 transition land
use may be utilized by the developer in lieu of the underlying land use
category in cases where master planned developments are proposed.”
“Definition
: This land use category is applied to smaller transition
properties that are adjacent to both lower intensity commercial land uses
and lower intensity residential uses. These properties share unique
characteristics in that they have limited commercial potential due to
adjacency to existing commercial development but need to address
compatibility issues with adjacent established neighborhoods. T-2
properties also have significant environmental limitations such as location in
the floodplain or significant grade issues. This land use category is intended
to provide creative infill and flexible transition opportunities with a mix of
single-family residential and limited commercial land uses only on properties
that clearly demonstrate the above listed limitations. Each individual area
designated for Transition 2 land use category shall generally range from 4
to 20 acres.”
The scale and context criteria as outlined in the T-2 land use category describe
intensity, location and compatibility criteria for the mix of land uses proposed.
Case No. Attachment A
ZA07-018 Page 3
The following criteria are outlined in the T-2 land use category for residential
and open space uses:
Residential uses:
Residential uses are to be located adjacent to proposed office and
o
existing residential neighborhoods. These uses are intended to
provide a lower intensity transition between existing neighborhoods
and non-residential uses.
Residential uses should be well integrated with proposed open space
o
and other civic uses to create a sense of place.
They should also be integrated with proposed commercial uses in a
o
manner that provides internal automobile and pedestrian access to
convenience commercial uses.
Single-family residential uses are recommended to be to the density
o
and scale that is appropriate based on the context and character of the
proposed overall development. As a general rule, density may be off-
set by pedestrian oriented design, streetscape treatments, open space
allocation, and other amenities.
Open space:
Well designed and integrated open spaces are critical to the creation
o
of successful mixed-use neighborhoods.
Emphasis shall be placed on preservation of existing wooded areas
o
and stream corridors.
Avoid channeling or piping of streams.
o
Streams or creeks should become a focal point rather than the rear of
o
the development.
Provide natural walking paths along stream and creek corridors.
o
Open spaces should be designed to add value to proposed
o
development and not as an “after-thought”. To that end, open spaces
should maximize frontage along residential and office uses. Open
spaces shall occupy a prominent place in the development of a
neighborhood and form the center pieces of a community.
Open spaces are intended to be the “front-yards” and invite passive
o
recreational activities. Open spaces may be in the form of pocket
parks, children’s play areas, squares, linear greens, and conservation
areas. Active sports fields and activities are not recommended in the
T-2 land use category.
To the extent possible, open spaces shall be designed to be
o
contiguous with existing open spaces or provide pedestrian
connections to existing trail or greenway networks.
Use the topography as an advantage, do not flatten the site.
o
Preserve views.
o
With respect to land use mix, the district does not include retail, office, or civic
components and the open space component is less than recommended.
Case No. Attachment A
ZA07-018 Page 4
T-2 Recommended Land Use Mix*
Land Use Percentage Proposed
of Acreage
Retail 5% ± 5% 0%
Office 10% ± 25% 0%
Single Family 65% + 25% 85.17%
Residential
Open Space 15% + 15% 14.83% (all open space)
9.33% (excluding detention pond)
Civic Uses 5% + 10% 0%
*These percentages are not regulatory and should only be used as a
guide.
P&Z ACTION: April 19, 2007; Approved to table (6-0) until May 3, 2007.
May 3, 2007; Approved (3-1) subject to Development Plan Review Summary
No. 3, dated April 13, 2007; granting requested variances except the variance
for 40’ ROW; and noting the developer’s willingness to add two (2) additional
canopy trees in the E. Continental Blvd. common area, totaling 13 trees.
STAFF COMMENTS: Attached is Development Plan Review Summary No. 4, dated May 9, 2007.
N:\Community Development\MEMO\2007cases\07-018ZDP.doc
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Development Plan
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Pedestrian Access Plan
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Subdivision Entrance
Entrance Sign
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Landscape Plan
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Color Elevation Drawings
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Representative Residential Images
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DEVELOPMENT PLAN/COMPREHENSIVE PLAN REVIEW SUMMARY
ZA07-018Four5/09/07
Case No.: Review No.: Date of Review:
Project Name: Tealwood
APPLICANT/DEVELOPER: ENGINEER:
Four Peaks Development Kellie Engineering
Contact: David McMahan 200 Rufe Snow Drive North, Suite 120
726 Commerce Street, Suite 109 Keller, TX 76248
Southlake 76092 Ph: (817) 379-1225
Ph: (817) 329-6996 Fax: (817) 379-1244
Fax: (817) 481-4074
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/12/07 and 4/30/07
AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT Ben Bryner AT (817) 748-8602 OR Jenny Crosby AT (817) 748-8195.
Consolidated Land Use Plan Review
The underlying land use designation is Mixed Use and the property currently does not have an optional
land use designation. A Comprehensive Plan Amendment application has been received to add the
Transition 2 optional designation to this property. However, TZD is an appropriate zoning district in areas
designated Mixed Use and a land use amendment is not required.
Development Plan Review
The following submittal requirements have not been fulfilled. These items must be submitted in
order for the application to continue to the Planning & Zoning Commission and City Council.
1.Provide a landscape concept plan for all proposed retention/detention areas including the general
schematics for all proposed landscaping, aesthetic treatments, and pedestrian amenities.
2.Label all the building materials shown in the submitted drawings and photographs.
3.The open space as proposed does not appear to meet the open space criteria as outlined Section 47.7.h.
Provide a narrative explaining how the proposed open space meets the open space standards.
The following aspects are inconsistent with the requested Transition Zoning District. The plan
must be revised to meet the TZD standards or modifications must be requested.
4.The maximum density for the Transition Zoning District is 2 dwelling units per gross acre. A variance
has been requested.
Case No. Attachment D
ZA07-018 Page 1
5.A Transition Zoning District shall consist of a minimum of two of the following three district
components: a Retail Area, a Retail Edge/Neighborhood Edge, and a Neighborhood together with
open space. A variance has been requested.
6.Dead-end streets are prohibited unless natural features such as topography or stream corridors prevent
a street connection. The proposed layout appears inconsistent with the performance and design
standards outlined in Section 47.7.a. Explain how the proposed layout meets these standards. A
variance has been requested.
Case No. Attachment D
ZA07-018 Page 2
DEVELOPMENT PLAN REVIEW SUMMARY
ZA07-018Four05/09/07
Case No.: Review No.: Date of Review:
Development Plan
Project Name: - Tealwood
APPLICANT: Four Peaks Development ENGINEER:
Kellie Engineering
David McMahan
726 Commerce Street, Suite 109 200 Rufe Snow Drive North, Suite 120
Southlake 76092 Keller, TX 76248
Ph: (817) 329-6996 Ph: (817) 379-1225
Fax: (817) 481-4074 Fax: (817) 379-1244
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 3/12/07 and 04/30/07
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 BEN BRYNER AT (817) 748-8602 OR JENNY CROSBY AT (817)
748-8195.
1)Label the owner's name on all adjacent properties to include those across E. Continental Blvd.
2)The following changes are needed with regard to rights-of-way and ingress/egress:
a)Revise the proposed street layout for the subdivision. Staff has several concerns to include the
following:
i)The proposed east connection should be R.O.W. rather than an access easement
situation. An appropriate turn-around is required at the end of Tealwood Court with
this configuration.
ii)The proposed east connection into the subdivision is too close to the street across E.
Continental Blvd (South Hollow Drive). Intersections are required to be offset a
minimum of 125'.
(A variance has been requested.)
(A variance has been
b)Provide street stubs into the adjacent east and west properties.
requested.)
* Staff recommends a single point of access aligned with the street across E. Continental Blvd
with street stubs provided to the east and west.
c)Provide a minimum 50' R.O.W. width for the proposed street and a minimum pavement width
(A variance has been requested. The applicant is proposing a reduced
of 31' b-b of curb.
R.O.W. width of 40' and a reduced pavement with of 27'.)
3)Provide easements for water, sewer and/or drainage in compliance with approved construction plans.
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ZA07-018 Page 3
4)Update the development regulations to match the new plan set.
5)A sheet labeled “Preliminary Plat” has been included with the plan set. This sheet does not meet the
minimum submittal requirements for a Preliminary Plat. A separate application, fee and approval is
required for a preliminary plat.
INFORMATIONAL COMMENTS
* 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.
* No review of proposed signs is intended with this development plan. A separate building permit is
required prior to construction of any signs.
* 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
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Case No. 07-018 Review No. Four Dated: May 9, 2007 Number of Pages: 2
Project Name:
Tealwood (Zoning / Development Plan)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on April 5, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
TREE CONSERVATION COMMENTS:
1. The applicant is asking to submit a Tree Conservation Plan with the Preliminary Plat submittal instead
of with the current Zoning and Development Plan submittal. This would not be acceptable because the
proposed Grading Plans submitted with the Zoning and Development Plan submittal is approved as a
part of the Zoning and Development Plan approval. Trees that exist on the property are approved to be
removed and/or preserved as a part of the Zoning and Development Plan approval.
Please provide a Tree Conservation Plan for the development. An aerial photograph of the property
may be submitted in conjunction with a Tree Conservation Plan but is no longer acceptable for plan
submittal and review. Please submit the required Tree Conservation Plan which shows the information
outlined in Section 7.3b of Ordinance 585-C.
Information required for Tree Conservation Plan:
i.Identification of Critical Environmental Features of the site:
A.All individually protected trees
B.Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii.Tree Survey or alternative to a tree survey
iii.2-foot contour map of the site
iv.Protected trees within the tree preservation area including tree size and type
v.Critical Root Zones of groups of trees
vi.Critical Root Zones for individual trees required for site plans only
vii.Boundaries of any tree preservation areas as identified in the ERP Map
viii.Identification of areas of environmental constraints not suitable for development
ix.Identification of areas of minimal environmental constraints that are suitable for
development
x.Areas of encroachment into Critical Environmental Features identified on the site
xi.Clear delineation, for each protected tree, of whether the tree will be preserved after
the proposed development is constructed, altered due to proposed improvements, or
could potentially be saved based upon site specific conditions
xii.Stream/Creek buffers, if any
xiii.Detailed site plan of all proposed improvements. (All proposed improvements shall
be required to be shown only at the site plan stage for all development. Preliminary
Case No. Attachment D
ZA07-018 Page 5
plats shall, however, show building setbacks and general location of buildings and
infrastructure.)
xiv.Setbacks, building lines, and buffer yards
xv.The names, addresses and telephone numbers of those persons or entities who own
the property and those persons or entities filing the application
xvi.Such additional information as the Administrative Official may reasonably require
given the particular characteristics of the property.
2. The best quality trees are located around the perimeter of the site. The proposed grading that is
shown on the Development Plan shows the sloping of the proposed grade along the east and south
property lines. This will cause grade changes within the critical-root-zone area of the existing trees.
Please evaluate the grading of the property to cause the least amount of conflict with existing trees.
Case No. Attachment D
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Case No. ZA07-018 Review No. 4 Dated: 5/09/07 Number of Pages: 2
Project Name: Tealwood -- Zoning Change and Development Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 4/5/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* The typical right-of-way for a local residential street is 50’ with a curb and gutter section equal to 31’b-
b.
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
1. The sanitary sewer shall be extended to the southwest property line for future connection. A 15’
minimum sanitary sewer easement will be required on one lot, not centered on the property line.
DRAINAGE COMMENTS:
1. All storm sewers collecting runoff from the public street shall be RCP. The proposed flume will not be
allowed.
* Verify that the size, shape, and/or location of the detention area, as depicted on the development plan,
will be adequate to meet the detention requirements. Any changes to the size, shape, and/or location of
the proposed pond(s) may require re-approved by the Planning and Zoning Commission and the City
Council.
* Proposed driveway culverts shall be sized by an engineer and submitted for approval to the City
Engineer.
* There is no Critical Drainage Structure for 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:
* (22” X 34” full size sheets)
Submit civil construction plans 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.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* 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.
*=Denotes informational comment.
Case No. Attachment D
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Surrounding Property Owners
Tealwood
SPO MAP
SPO # Owner Zoning Land Use Acreage
1. Mixed Use
Schwob Investments Ltd I1 0.68
2. Mixed Use
Van Til, Robert Etux Bonnie I1 0.943
3. Industrial Mixed
Herzog/Lease Partners Ltd I1 Use 1.361
4. Industrial
Boyle, Gerald A Etux Barbara A I1 0.988
5. Industrial
Boyle, Gerald A & Barbara A I1 1.579
6. Mixed Use
Whelan, Timothy G I1 0.651
7. Mixed Use
Whelan, Timothy G I1 0.334
8. Medium Density Residential
Kugler, Albert H Etux Lynn P SF20A 0.665
9. Medium Density Residential
Barber, Brian G Etux Samantha SF20A 0.48
10.Medium Density Residential
Shephard, Robert Etux Carolyn SF20A 0.478
11.Medium Density Residential
Feragne, Terry E Etux Rita SF20A 0.469
12.Medium Density Residential
South Hollow Homeowners Assn SF20A 0.134
13.Medium Density Residential
South Hollow Ho Assn SF20A 0.152
14.Medium Density Residential
South Hollow Ho Assn SF20A 0.043
15.Medium Density Residential
Howell, Thomas Edward Etux T SF20A 0.47
16.Medium Density Residential
O'Keefe, Xiao Etvir Thomas SF20A 0.461
17.Medium Density Residential
Ahonen, Kari & Jaana Ahonen SF20A 0.496
18.Medium Density Residential
Pollock, Janet Etvir David SF20A 0.537
19.Medium Density Residential
Brown, Herbert Julius SF20A 0.503
20.Industrial Mixed
Wright, Joe L AG Use 31.116
21.Mixed Use
Wright, Joe L AG 0.228
22.Mixed Use
Metroplex Acoustical Inc AG 0.445
23.Mixed Use
Wright, Joe L I1 0.243
24.Mixed Use
Metroplex Acoustical, Inc I1 0.999
25.Mixed Use
Lemke, Robert H Etal I1 5.334
Case No. Attachment E
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Surrounding Property Owner Responses
Tealwood
Notices Sent: Twenty-five (25).
Responses Receive: Six (6).
Metroplex Acoustical Inc,
2020 E. Continental Blvd., submitted a Notification Response Form in
Opposition
on April 11, 2007 (see attached).
Whelan, Timothy G.,
1211 Brumlow Ave., submitted a Notification Response Form stating
Undecided
on April 16, 2007 (see attached).
Kugler, Albert & Lynn, Opposition
1508 Spruce Ct., submitted a Notification Response Form in
on April 19, 2007 (see attached).
Bentley, Jerry & Dodi, Opposition
1016 S. Hollow Dr., submitted an E-Mail in on April 19,
2007 (see attached).
Taricani, Joseph, Opposition
908 Westminster Way, submitted an E-Mail in on April 30, 2007
(see attached).
Boyle, Gerald & Barbara,
3301 Westover Ct, Grapevine, submitted a Notification Response
Opposition
Form in on May 9, 2007 (see attached).
Herzog, Grady, Opposition
1594 Hart Street, submitted a Letter in on May 3, 2007 (see
attached).
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SPIN MEETING REPORT
CASE NO.
ZA07-018
PROJECT NAME:
Tealwood
PROJECT LOCATION:
1589 E. Continental Blvd; near the southeast corner of E. Continental Blvd
and S. Kimball Avenue
SPIN DISTRICT:
7
MEETING DATE:
6:30PM, April 9, 2007
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately Eight (8)
SPIN REPRESENTATIVE(S) PRESENT:
Dennis Minder (filling in for wife Pattie Minder,
SPIN 8) Ray Tremain (9e)
APPLICANT(S) PRESENTING:
David MacMahan, Four Peaks Development
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
Applicant has over 35 years of development experience in Southlake
1400 lots created in Southlake, Keller, Westlake, and Grapevine
o
Southlake developments include Fox Hollow, Cross Timber Hills, Westwyck Hills, etc.
Development Specifics
Southlake 2025 Future Land Use Plan has the property identified for Mixed Use
o
More suitable for residential uses
Buffer neighborhoods to the north from industrial to the south
Requesting zoning change from I-1 Light Industrial to TZD Transition Zoning District
o
TZD calls for retail & office uses; but a variance is being requested from that requirement
because it is not an appropriate location
15-lot residential subdivision
o
Average 10,000 square foot lots
One access onto Continental Blvd with an additional emergency access gate with grasscrete
paving
Detention pond in the southeast corner of the development will detain drainage runoff
Front yards to be maintained via an HOA contractor, like some villages in Timarron
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QUESTIONS & DISCUSSION
What is adjacent east of this site?
QUESTION:
RESPONSE: To the east is a vacant lot with access to Brumlow, State Highway 26, and Continental Boulevard.
What size homes are expected?
QUESTION:
RESPONSE:3,500+ square foot homes are expected on these 15 10,000 square foot lots. Tuscan Ridge has
smaller lots than this proposal (approx. 8,000).
Lot size comparisons to Tuscan Ridge, Crescent Royale, etc.
DISCUSSION:
Will two street lights in the development be enough?
QUESTION:
RESPONSE: Hadn’t thought too much about it but will be amenable to changing the number of lights.
Having one contractor construct the development’s fence to have consistency.
DISCUSSION:
Lot sizes are too small. Too many lots are planned on too small of space.
CONCERN:
The amount of traffic generated from the site.
CONCERN:
What is the economic feasibility if you drop a lot?
QUESTION:
What is the schedule from here?
QUESTION:
RESPONSE: Will go to Planning & Zoning Commission on April 19, 2007 at 6:30PM and pending a
recommendation from them, two additional public hearings at City Council.
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.
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-523
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT
2F01, J.N. GIBSON SURVEY, ABSTRACT NO. 591, AND BEING
APPROXIMATELY 5.15 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “I-1” LIGHT
INDUSTRIAL DISTRICT TO “TZD” TRANSITION ZONING
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
WHEREAS,
the hereinafter described property is currently zoned as “I-1” Light Industrial District
under the City’s Comprehensive Zoning Ordinance; and
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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 H
ZA07-018 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:
Being Tract 2F01, J.N. Gibson Survey, Abstract No. 591, as described in Volume 12395, Page
144, Deed Records of Tarrant County, Texas, and being approximately 5.15 acres, and more
fully and completely described in Exhibit “A” from “I-1” Light Industrial 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 specific conditions:
1.
SECTION 2.
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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 where provisions
Case No. Attachment H
ZA07-018 Page 4
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 ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
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Exhibit “B”
Development Plan
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Pedestrian Access Plan
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Subdivision Entrance
Entrance Sign
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Landscape Plan
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Color Elevation Drawings
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Representative Residential Images
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