Item 6DCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
October 10, 2007
ZA07-070
CASE NO:
Zoning Change and Concept Plan for Woodbury Addition
PROJECT:
REQUEST: On behalf of Timothy Livingston and James Arca, Four Peaks Development Company
is requesting approval of a Zoning Change and Concept Plan from “AG” Agricultural
District and “S-P-1” Detailed Site Plan District to "SF-20A" Single Family Residential
District. The plan proposes the development of 9 single-family residential lots on
approximately 5.735 acres.
The applicant had previously proposed a development of 11 residential lots and 1 open
space lot on 6.68 acres and a gross density of 1.68 du/acre. That proposal was heard
and recommended by the Planning & Zoning Commission on August 9, 2007 (5-1
approval) with the conditions listed in Attachment A. The applicant amended their
request to 9 residential lots on 5.735 acres since P&Z approval. This staff report refers
to both the “original” and “amended” plans.
It is the determination of the Director of Planning & Development Services that this
amended plan is not a material change and thus does not require re-notification of
surrounding property owners or reconsideration by the Planning & Zoning
Commission.
The following table compares the original request with the amended request:
Item Original Request Amended Request
Gross Acreage 6.68 Ac. 5.735 Ac.
Net Acreage 5.58 Ac. 4.788 Ac
Area of Open Space 0.17 Ac (2.5%) 0.0 Ac (0%)
Number of Residential Lots/Units 11 9
Gross Density 1.68 du/ac 1.56 du/ac
Net Density 1.97 du/ac 1.88 du/ac
The following variances are being requested:
Street R.O.W. - The minimum R.O.W. width for local residential streets is 50 feet.
The applicant is requesting a R.O.W. width of 40 feet.
A landscape exhibit is included as part of Attachment ‘C’ and ‘I’ of this report. The
applicant will be presenting additional exhibits of the perimeter wall at the City Council
meeting.
Case No.
ZA07-070
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 6, dated October 10, 2007
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Report
(H) Ordinance No. 480-529
(I) Full Size Plans (for Commission and Council Members Only)
P&Z ACTION: August 9, 2007; Approved (5-1) subject to Concept Plan Review Summary No. 3,
dated August 3, 2007; denying the requested variance to the sidewalk requirement
along W. Continental Blvd; approving the requested variance to 50’ street width
requirement with the exception to the cul-de-sac; and noting the applicant will obtain a
letter of approval from the Fire Marshall regarding the undersized cul-de-sac.
COUNCIL ACTION: August 21, 2007; Approved first reading (7-0); noting the pond will be a detention
pond internal to the subdivision fenced with masonry fencing similar to what is required
along the balance of the subdivision; requiring masonry fencing along the front of the
subdivision; allowing the developer to bring other options for the fencing at 2nd
reading; granting the variance request to reduce the right-of-way width from fifty to
forty feet; subject to recommendation from the Planning and Zoning Commission; and
subject to Concept Plan Review Summary No. 4, dated August 15, 2007.
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA07-070
BACKGROUND INFORMATION
OWNERS:
Timothy Livingston and James Arca
APPLICANT:
Four Peaks Development Inc.
PROPERTY SITUATION:
2020 and 2030 W. Continental Blvd.
ORIGINAL LEGAL
DESCRIPTION:
Lot 1, T.J. Thompson, No. 1502 Addition; Tracts 1B1A1 & 1B1A, T.J.
Thompson Survey, Abstract No. 1502.
AMENDED LEGAL
DESCRIPTION:
Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502.
LAND USE CATEGORY
: Medium Density Residential with a T-2 Transition optional land use
designation.
CURRENT ZONING:
(Amended Plan) “AG” Agricultural District, “S-P-1” Detailed Site Plan District.
REQUESTED ZONING:
“SF-20A” Single Family Residential District
HISTORY:
January 2, 1991: 2030 W. Continental Blvd. was zoned “S-P-1” Detailed Site
Plan District (480-37) for a kennel;
February 7, 1995: 2100 W. Continental Blvd. (Lot 1, T.J. Thompson Survey)
was zoned “SF-30” Single-Family Residential District;
A plat showing for Lot 1, T.J. Thompson Survey Abstract #1502 was approved
on March 7, 1995;
TRANSPORTATION
ASSESSMENT:Mobility &Master Thoroughfare Plan
The functional street classification of West Continental Boulevard is a 2-lane
Collector with an 84’ R-O-W. The appropriate amount of right-of-way is being
dedicated with this proposal.
Street Typology Recommendation: The street typology designation for this
section of West Continental Blvd. is an ‘Avenue.’ The design priorities
outlined in the plan for Avenues are:
Medium to low pedestrian orientation with multi-use trails on one or
both sides of the street providing connectivity between neighborhoods
and to non-residential uses.
Case No. Attachment A
ZA07-070 Page 1
Usually lacking in curb-gutter.
High level of resource protection with an emphasis on leaving the road
as natural as possible by retaining any mature street trees along the
roadway.
Limit intersection improvements to turn lanes and roundabouts where
appropriate.
Narrow lane-widths conducive to lower-speed traffic.
Low access control due to existing nature of development along these
corridors.
Recommended Cross-Section for Continental Boulevard.
Existing Area Roadway Network
The proposed development will have one access point from West Continental
Blvd.
Continental Boulevard is currently a 2-lane undivided roadway without curb
and gutter. The capacity for a roadway is based on its ultimate desired level of
service. The acceptable level of service (as established by the Master
Thoroughfare Plan) for Continental Boulevard is “E,” or 11,600 vehicle trips
per day, with possible future addition of turn lanes at key intersections. The
table below shows the traffic on this segment of W. Continental Boulevard
between FM 1938 and S. Peytonville Avenue from 2001 – 2006.
2005
2001 2002 2003 2004 2006
Year 2006 2006
24-Hour Totals
AM Peak PM Peak
304 587
West
2,017 3,080 3,557 3,882 3,775 4,002
Bound
7:30 – 8:30 4:15 – 5:15
838 370
East
2,186 3,552 3,240 3,531 3,439 4,343
Bound
7:15 – 8:15 5:30 - 6:30
Source: City of Southlake 2006 Traffic Count Report
Case No. Attachment A
ZA07-070 Page 2
Traffic Impact
The traffic impact of the proposed development is as follows:
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 9 86 2 5 6 3
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on W. Continental Blvd
Completion of this development will add approximately 86 vehicle trips per day
to this section of W. Continental Blvd, bringing it to an estimated 8,431 vehicle
trips per day.
WATER & SEWER:
Water: A 12” water line exists along Continental Boulevard and the proposed
development will connect to it.
Sewer: The applicant is proposing to provide sewer to serve this development
and tie into an existing sanitary sewer line to the east of the development.
DRAINAGE ANALYSIS:
Drainage will generally flow into to the proposed detention area in the
southeast corner of the development.
SOUTHLAKE 2025:
The underlying land use designation is Medium Density Residential and the
optional designation is T-2. The proposed development is consistent with the
underlying designation.
TREE PRESERVATION:
See Landscape Administrator’s Comments in Attachment D
The site has 28% tree coverage which requires a minimum of 60% of the tree
coverage outside of the proposed ROW (as approved by City Council) to be
preserved. This plan shows 68% of the tree coverage to be preserved outside
of the proposed ROW.
Although not required by ordinance, the Environmental Resource Protection
(ERP) Plan recommends preserving trees whenever feasible. Specifically, the
ERP map identifies a portion of this property as a priority area for preservation:
SPIN:
The developer held a SPIN meeting on June 25, 2007. Meeting notes are
included as Attachment G of this report.
P&Z ACTION:
August 9, 2007; Approved (5-1) subject to Concept Plan Review Summary No.
3, dated August 3, 2007; denying the requested variance to the sidewalk
Case No. Attachment A
ZA07-070 Page 3
requirement along W. Continental Blvd; approving the requested variance to
50’ street width requirement with the exception of the cul-de-sac; and noting
the applicant will obtain a letter of approval from the Fire Marshall regarding
the undersized cul-de-sac.
COUNCIL ACTION:
August 21, 2007; Approved first reading (7-0) noting the pond will be
detention, internal to the subdivision, with masonry fencing, requiring masonry
fencing along the rest of the subdivision, allow developer to bring in other
options, granting variance, subject to Concept Plan Review Summary No. 4,
dated August 15, 2007.
STAFF COMMENTS:
Attached is Concept Plan Review Summary No. 6, dated October 10, 2007.
The applicant has revised the concept plan since action by the Planning and
Zoning Commission and as a result is no longer requesting the variances to the
sidewalk requirement and cul-de-sac radius.
N:\Community Development\MEMO\2007cases\07-070ZCP.doc
Case No. Attachment A
ZA07-070 Page 4
Amended Plan
Included in Original Plan
Case No. Attachment B
ZA07-070 Page 1
Case No. Attachment C
ZA07-070 Page 1
CONCEPT PLAN (10/03/07)
Case No. Attachment C
ZA07-070 Page 2
TREE CONSERVATION PLAN (10/03/07)
Case No. Attachment C
ZA07-070 Page 3
LANDSCAPE PLAN (8/28/07)
Case No. Attachment C
ZA07-070 Page 4
CONCEPT PLAN REVIEW SUMMARY
ZA07-070 Six10/10/07
Case No.: Review No.: Date of Review:
Zoning Change Concept Plan – Woodbury Addition
Project Name:
APPLICANT: ARCHITECT/ENGINEER:
Four Peaks Development Co. – David McMahan Kellie Engineering
726 Commerce St.; Ste 109 200 Rufe Snow Dr.; Ste 120
Southlake, TX 76092 Keller, TX 76248
P: 817/329-6996 P: 817/349-1225
F: 817/481-4074 F: 817/379-1244
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/03/07 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 CLAYTON COMSTOCK (817) 748-8269.
1.The following comments are in regard to development design & lot configuration:
A variance
a.Subdivision Ordinance requires 50-foot R.O.W. dedication for local streets (
has been requested)
2.Include a label and note identifying Lot 7 as an open space/storm water detention lot and who will
maintain the lot. If it is to be dedicated to and maintained by the HOA note such. Please provide
the same for the Landscape/Wall Easement.
3. Label the type and height of any screening, walls and/or fences to be provided.
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent
of this requirement.
* The City of Southlake will not be responsible for the maintenance of the cobblestone pavers in
Woodbury Court. Applicant should clarify if the maintenance of those pavers will be the
responsibility of the HOA and written into Deed Restrictions for Woodbury.
* The developer held a SPIN meeting on June 25, 2007.
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.
Case No. Attachment D
ZA07-070 Page 1
Any variance requests have to be documented in writing and fully justified.
*
* 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.
* Denotes Informational Comment
Case No. Attachment D
ZA07-070 Page 2
ENGINEERING REVIEW
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
1.Cobblestone Pavement within the ROW will be the maintenance responsibility of the HOA and should be included
in the deed restrictions for this subdivision.
* Use the City of Southlake GPS monuments whenever possible.
DRAINAGE COMMENTS:
* Consider grading Lots 9-12 to Woodbury Court to reduce the amount of developed runoff directly to Continental
Blvd.
* The proposed storm sewer line under Continental shall be bored.
* The difference between pre and post development runoff shall be captured in the detention pond. The proposed
detention pond shall control the discharge for the 5, 10 and 100 year storms.
* Verify that the size, shape, and/or location of the detention pond, as depicted on the concept 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 a revision to the concept plan and may need to be approved by the Planning and Zoning Commission and
the City Council.
* This property drains into Critical Drainage Structure #19 and requires a fee to be paid prior to beginning
construction.
* The discharge of post development runoff must have no adverse impact on downstream properties and meet the
provisions of Ordinance # 605.
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.
Case No. Attachment D
ZA07-070 Page 3
LANDSCPAE & TREE PRESERVATION REVIEW
===========================================================================
TREE CONSERVATION COMMENTS:
* A Tree Conservation Plan was submitted with the Concept Plan submittal. The trees proposed to be
removed are colored in Red, trees that are intended to be preserved are colored Green, and trees that
may possibly need to be removed because of their proximity to future house pads, grading and utilities
are colored Yellow. All of the trees within the R.O.W. are colored red and proposed to be removed.
The trees that are in the immediate vicinity of the R.O.W. and adjoining easements are colored Yellow
and depending on the amount of grading outside of the R.O.W. that needs to be done, some of the
trees may be able to be preserved. Existing trees that are further back on the lots are shown to be
preserved although the majority of them are within locations of future house pads. Because the existing
trees are clustered in the middle to west portion of the development, once the subdivision is built –out
very few existing trees will remain.
* The site has 28% tree coverage which requires a minimum of 60% of the tree coverage outside of the
proposed ROW (as approved by City Council) to be preserved. This plan shows 68% of the tree
coverage to be preserved outside of the proposed ROW.
* 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 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.
SIDEWALKS:
* Although it is not required by ordinance, it is recommended that the sidewalks along the R.O.W. be
repositioned at a minimum of 8’ from back of curb from the R.O.W. to allow sufficient space for
planting street trees on each lot.
Case No. Attachment D
ZA07-070 Page 4
Case No Review No. Dated: Number of Pages:
. ZA 07-070 5 08-29-07 1 ___
Project Name:
Woodbury Addition________________
ContactPhone: Fax:
: David C. Barnes, Fire Marshal (817) 748-8233 (817) 748-8181
===========================================================================
The following comments are based on the review of plans received on 08/28/07 . 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.
===========================================================================
GENERAL COMMENTS:
* No general problems noted based on submitted information. See specific comments below.
FIRE LANE COMMENTS:
1 Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (minimum of 65,000 lbs GVW). Pavement width must be 24 feet of driving surface
unobstructed.
2. 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.
3.. Streets that are to be dead-end until the next phase of construction need to be provided with an
approved turn-around for fire apparatus if the dead-end is more than 150 feet long. Cul de sac
radius must be a minimum of 50 foot.
FIRE HYDRANT COMMENTS:
Hydrants to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper outlet
for five-inch diameter hose.
1Hydrants required at maximum spacing R-3 and U Occupancies 400 feet Unsprinklered 600
feet 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.
# = Denotes comment that may be included in formal review by P&Z and City Council.
* = Denotes informational comment.
Case No. Attachment D
ZA07-070 Page 5
Surrounding Property Owners
Woodbury Addition
Original boundary
Amended boundary
SPO #
Owner Zoning Land Use Acreage
1.
Davis, Don I1 Industrial 0.884
2.
D Fontana Holdings Lp I1 Industrial 3.059
3.
Williams, Fred L Etux Wendy S SF20A Medium Density Residential0.523
4.
Robbins, Randy L Etux Jennifer SF20A Medium Density Residential0.479
5.
Miller, John Troy SF20A Medium Density Residential0.471
6.
Southlake Woods Homeowners SF20A Medium Density Residential0.862
7.
Southlake Woods Homewoners SF20A Medium Density Residential0.028
8.
Southlake Woods Homeowners SF20A Medium Density Residential0.087
9.
Wells, Vernon III Etux Charle SF20A Medium Density Residential1.001
10.
Overby, Larry J Etux Denise G SF30 Medium Density Residential 0.967
11.
Mirage Carwash Ltd C3 Industrial 2.01
12.
Earley, Melvin A Etux Latricia SF20A Medium Density Residential0.885
13.
Robinson, David Etux Pamela SF20A Medium Density Residential0.539
14.
Kim, Tae Etux Ronnie SF20A Medium Density Residential0.536
15.
Pettit, Shaun Etux Lisa Ann SF20A Medium Density Residential0.551
16.
Country Walk Ltd Prtnshp SF20A Medium Density Residential0.268
17. Livingston, Timothy Etux Lori AG Medium Density Residential 2.809
18. Arca, James B SP1 Medium Density Residential 3.059
19.
Boles, David C Etux Teisha AG Medium Density Residential 3.004
20.
Southlake, City Of SF20A Public Park/Open Space 5.856
21.
Jjb Enterprises Inc AG Office Commercial 11.8
Case No. Attachment E
ZA07-070 Page 1
Surrounding Property Owner Responses
Woodbury Addition
Notices Sent: Twenty-one (21).
Within 200 Feet
Responses Receive: – Five (5).
Outside 200 Feet
– Two (2).
Within 200 Feet
David & Teisha Boles (SPO #19),
2300 W Continental Blvd, submitted a Notification Response
Undecided
Form stating on July 30, 2007 (see attached).
David & Pamela Robinson (SPO #13),
1904 Amesbury Ct., submitted a Notification Response
Undecided
Form stating on August 1, 2007 (see attached).
Melvin & Latricia Earley (SPO #12),
1906 Amesbury Court, submitted an E-Mail stating
Concerns
on August 6, 2007 (see attached).
Southlake Woods Homeowners (SPO #6,7,8),
1100 Deer Hollow Blvd., submitted a Notification
Undecided
Response Form stating on August 6, 2007 (see attached).
Timothy & Lori Livingston (SPO #17),
2020 W Continental Blvd., submitted a Notification
Favor
Response Form in on August 7, 2007 (see attached).
Outside 200 Feet
Heribert & Heidi Muensterer, Concerns
1317 Village Green, submitted an E-Mail stating on
August 6, 2007 (see attached).
Bill & Patty Gleim, Concerns
1905 Amesbury Court, submitted an E-Mail stating on August 6,
2007 (see attached).
Case No. Attachment F
ZA07-070 Page 1
Within 200 Feet
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Outside 200 Feet
Case No. Attachment F
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SPIN MEETING REPORT
CASE NO.
ZA07-070
PROJECT NAME:
Woodbury
SPIN DISTRICT:
16
MEETING DATE:
Monday, June 25, 2007 at 6:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3C & 3D
TOTAL ATTENDANCE:
Approximately Ten (10)
SPIN REPRESENTATIVE(S) PRESENT:
Vic Awtry
APPLICANT(S) PRESENTING:
David McMahan
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
History of Four Peaks Development
David McMahan has been developing properties in Southlake since 1979 and his
partner, Tom Matthews, has been developing in Southlake since 1989. As Four
Peaks Development, they have developed over 1400 lots in Southlake.
Property Situation
6.68 acres on the north side of W. Continental Blvd. approximately 250 yards east
of Davis Boulevard.
Bordered by Southlake Woods (east), Country Walk (south) and North Davis Business Park
(north) and is most recently known for the proposed Continental Greens development
Currently three different properties, zoned SF-30, AG, and S-P-1
Development Details
Proposing SF-20A zoning (20,000+ sq. ft. single-family residential lots), which is
consistent with the City’s Land Use Designation of “Medium Density Residential”
for this property
Eleven (11) lots proposed
Dry detention pond in the southeast corner;
Kellie Engineering currently evaluating whether it can be a retention pond
o
(always water)
In addition to the required interior sidewalks, an unpaved path through the
detention pond lot to W. Continental Blvd will provide a second pedestrian access
to the subdivision
Developer proposes to install an off-site sidewalk in the R.O.W. of W.
o
Continental Blvd between his property and Deer Hollow Blvd
QUESTIONS & DISCUSSION
Case No. Attachment G
ZA07-070 Page 1
HOA Restrictions & Amenities; Fences
Will there be a fountain in the pond area?
QUESTION:
RESPONSE: No decision has been made about whether it will be detention or retention.
Will the pond area be maintained by the HOA? Will it be landscaped? What will
QUESTION:
it look like?
RESPONSE: The HOA will be responsible for maintaining the detention area, which will be mostly
grassed with little landscaping. The detention pond will likely need to be deeper, so
walls may be required along the perimeter of the pond.
Can you explain the trail you’re proposing? What will it be made out of?
QUESTION:
RESPONSE: Decomposed granite.
Are there an initial set of CC&R’s? Can you give any specific examples of
QUESTION:
regulations in the CC&R’s?
RESPONSE:There will be an initial set of CC&R’s, but they are not yet written, so we can’t site
any specific details.
Will there be garage doors in front?
QUESTION:
Will the entrance be completed before the houses are built?
QUESTION:
RESPONSE: Yes. The street, entrance, and detention pond will be completed before houses are
built.
What will the HOA be responsible for maintaining?
QUESTION:
RESPONSE: The HOA will be responsible for the maintenance of the pond, the walls along
continental, and the subdivision entry.
What will happen to the wall between Southlake Woods and this proposed
QUESTION:
development? Will there be a wall between the industrial park and this proposed
development?
RESPONSE:The wall on the east side is the property of Southlake Woods and will not be removed.
Although the developer will not install screening along the north, it is very likely that
the owners will install fencing.
Will the covenants regulate fence types?
QUESTION:
RESPONSE: Yes.
Development
Will the large cluster of trees remain on the property?
QUESTION:
RESPONSE: Yes, Triple Crown Custom Homes will be responsible for both phases of development.
One lot is already sold and two more parties are very interested.
Is the detention pond the low point of the property? Does the water naturally
QUESTION:
drain to that point?
Do you have control over the builders? Are the builders motivated to keep as
QUESTION:
many trees as possible?
Case No. Attachment G
ZA07-070 Page 2
What are the lot sizes?
QUESTION:
RESPONSE:They are all greater than 20,000 square feet.
Why request SF-20A zoning and not an R-PUD?
QUESTION:
What is the expected starting price of the houses?
QUESTION:
RESPONSE: Approximately $800,000.
With concern for traffic on Continental Blvd, will there be a turn lane into this
QUESTION:
development?
RESPONSE: No.
What is the width of the narrowest part of the driveway (entryway)?
QUESTION:
SPIN REPRESENTATIVE NOTES
1.The large cluster of trees….will it remain or be cut down?
2.In the pond area will there be a fountain?
3.Where is the low end of the circle and where will the drainage go?
4.What is to the west of this development?
5.The walkway….what type of material will be used?
6.What will be the length of this walkway and will it tie in to existing sidewalks?
7.What motivation do you or any developers have to keep the trees. Why should we believe what
you say?
8.What are the lot sizes?
9.What will be the deed restrictions? Who writes these? Does the city have any control?
10.What will control the fencing? What covenants are in place to keep it looking good?
11.Plating…does it happen at P and Z?
12.The entrance….will it be landscaped and how much landscaping will the developer do?
13.Will there be a turning lane into the subdivision?
14.What is the width of the narrowest entryway. Will firetrucks be able to get in?
15.The HOA….what will they have to maintain?
16.What kind of fencing will there be around Continental?
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is
neither verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the
public of the issues and questions raised by residents and the general responses made. Responses as summarized in this
report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case
through the Planning and Zoning Commission and final action by City Council.
Case No. Attachment G
ZA07-070 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-529
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 1B1A1 & 1B1A, T.J. THOMPSON SURVEY,
ABSTRACT NO. 1502, BEING APPROXIMATELY 5.735
ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT AND “S-P-1” DETAILED
SITE PLAN DISTRICT TO “SF-20A” SINGLE FAMILY
RESIDENTIAL DISTRICT, AS DEPICTED ON THE
APPROVED CONCEPT 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
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general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
District and “S-P-1” Detailed Site Plan District under the City’s Comprehensive Zoning
Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called
by the City Council did consider the following factors in making a determination as to whether
these changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
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throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health 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
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amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502, being
approximately 5.735 acres, and more fully and completely described in Exhibit
“A” from “AG” Agricultural District and “S-P-1” Detailed Site Plan District, to
“SF-20A” Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit “B.”
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
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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.
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
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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.
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.
________________________________
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MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 1B1A1 & 1B1A, T.J. Thompson Survey, Abstract No. 1502, and being
approximately 5.735 acres, and being fully described as follows:
BEING a 5.735 acre tract of land in the T. J. Thompson Survey, Abstract No.
1502 situated in the City of Southlake, Tarrant County, Texas and being a
portion of those certain tracts of land as described in deed to Timothy W.
Livingston and wife, Lori B. Livingston as recorded in Volume 14460, Page
393 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and to James
B. Arca as recorded in Instrument No. D204344283 D.R.T.C.T. and being more
particularly described as follows:
BEGINNING at a 1/2" iron rod found with a cap being by plat call the
southeast corner of Lot 5R1, Block C North Davis Business Park Addition an
addition to the City of Southlake, Tarrant County, Texas as recorded in
Cabinet A, Slide 2474 P.R.T.C.T. and said point being by deed call the
northeast corner of said Livingston tract and being by plat call a point in
the west line of Lot 43,
Block 1 Southlake Woods Phase 1, an addition to the City of Southlake,
Tarrant County, Texas as recorded in Cabinet A, Slide 5940 P.R.T.C.T.;
THENCE S 00º14' 09 W along the west line of said Southlake Woods Addition a
distance of 404.97 feet to a 5/8" iron rod found in the north right-of-way
line of West Continental Boulevard (right-of-way varies);
THENCE S 88º 27' 57" W along said right-of-way a distance of 288.09 feet to
a 3/4" iron rod found at the southwest corner of said Livingston tract and
the southeast corner of said Arca tract;
THENCE S 88º 33' 11" W along said right-of-way a distance of 324.09 feet to
a 5/8" iron rod found iron rod found at the southwest corner of said Arca
tract;
THENCE N 01º 30' 43" W along the west line of said Arca tract a distance of
403.26 feet to a 5/8" iron rod found the northwest corner of said Arca
tract;
THENCE N 88º 24’ 53" E along the south line of said Lot 5R1 a distance of
324.28 feet to a 5/8" iron rod found and said point being the northeast
corner of said Arca tract and being the northwest corner of said Livingston
tract;
THENCE N 88º 19’ 32" E along the south line of said Lot 5R1 a distance of
300.25 feet to the Point of Beginning and containing in all 249,820 square
feet or 5.735 acres of land.
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EXHIBIT “B”
CONCEPT PLAN
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TREE CONSERVATION PLAN (10/03/07)
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LANDSCAPE PLAN (8/28/07)
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