Item 8ACity of Southlake
Department of Planning
S T A F F R E P O R T
May 10, 2006
ZA05-142
CASE NO:
Zoning Change and Development Plan for proposed Continental Greens
PROJECT:
REQUEST: On behalf of Timothy Livingston, James Arca, Larry Overby, and David Boles, Cary
Clarke Homes, Inc. is requesting approval of a zoning change and development plan
from “AG” Agricultural District, “SF-30” Single-Family Residential District, and “SP-
1” Detailed Site Plan District to a “TZD” Transition Zoning District. The property is
a 9.41 acre tract located at 2020 - 2300 West Continental Boulevard, approximately
200 feet east of its intersection with Davis Blvd. The proposed development consists
of 30 residential lots, 4 office pads on 2 lots, and 1.81 acres of open space.
The proposed development is intended to meet the purpose, intent, and development
standards of the newly created Transition Zoning District. To this end, the
development proposes two of the three TZD components – the Neighborhood Edge
(office uses) and the Neighborhood (residential uses). The Neighborhood Edge is to
be located along Continental Blvd. immediately adjacent to the existing shopping
center to the west of the property and the remainder of the property is designated as
the Neighborhood. The Neighborhood component proposed includes 30 Cottage
residential units that are between 2500 and 3800 square feet and a total of 1.81 acres
(20% net; 19% gross) in open space.
1. Conduct public hearing
ACTION NEEDED:
2. Consider zoning change and development plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Review Summary No. 4, dated April 7, 2006
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-487
(H) Full Size Plans/Design Book (To be forwarded to City Council members
prior to the scheduled meeting)
STAFF CONTACT: Ken Baker (748-8067)
Jay Narayana (748-8070)
Case No.
ZA05-142
BACKGROUND INFORMATION
OWNERS: Timothy Livingston, James Arca, Larry Overby, and David Boles
APPLICANT: Cary Clarke Homes, Inc.
PROPERTY SITUATION: The property is located at 2020 through 2300 W. Continental Blvd.
LEGAL DESCRIPTION: Tracts 1B01A, 1B01A1, & 1B01B, T.J. Thompson Survey No. 1502 and Lot
1, T.J. Thompson No. 1502 Addition
LAND USE CATEGORY: Medium Density Residential with a Transition 2 overlay option.
CURRENT ZONING: “AG” Agricultural District, “SF-30” Single Family Residential District, and
“S-P-1” Detailed Site Plan District
REQUESTED ZONING: “TZD” Transition Zoning District
HISTORY: Zoning:
A portion of the subject property (approximately 3 acres) located at
2030 W. Continental Blvd. was zoned ‘SP-1” Detailed Site Plan
District (480-37) for a kennel on January 2, 1991.
A portion of the subject property (approximately 1 acre) located at
2100 W. Continental Blvd. (Lot 1, T.J. Thompson Survey) was zoned
“SF-30” Single-Family Residential District on February 7, 1995.
The remaining two parcels (totaling approximately 5.8 acres) have
“AG” Agricultural District zoning designation.
Platting:
A plat showing for Lot 1, T.J. Thompson Survey Abstract #1502 was
approved on March 7, 1995.
TRANSPORTATION
Mobility &Master Thoroughfare Plan
ASSESSMENT:
The functional street classification of West Continental Boulevard is a 2-lane
Collector with an 84’ R-O-W. The required twenty (20) feet of additional
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.
Usually lacking in curb-gutter.
Case No. Attachment A
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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 three access points from West
Continental Blvd. and will have an indirect access to Davis Boulevard through
a common access easement with the strip shopping center to the west (Davis
Boulevard Center).
Continental Boulevard is currently a 2-lane cross-section without curb and
gutter and with a left turn lane from the western edge of the site to Davis
Boulevard. The capacity for a two-lane roadway is based on the ultimate
desired level of service along the roadway. The capacities at levels of service
“D”, “E”, and “F” are 8,400, 11,600, and 14,500 vehicles per day
respectively. The acceptable level of service (as established by the Master
Thoroughfare Plan) for Continental Boulevard is “E” with possible future
addition of turn lanes at key intersections. The table below shows the traffic
on this segment of Continental Boulevard from 2001 – 2005.
2001 2002 2003 2004 2005
Year 2005 2005
24-Hour Totals
AM Peak PM Peak
196 597
West
2,017 3,080 3,557 3,882 3,775
Bound
11:15 - 12:15 5:15 - 6:15
417 260
East
2,186 3,552 3,240 3,531 3,439
Bound
7:30 - 8:30 5:30 - 6:30
Source: City of Southlake 2005 Traffic Report
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The traffic impact of the proposed development is as follows:
Use No. of VTPD* AM AM PM PM
Lots IN OUT IN OUT
Residential 30 344 8 23 23 13
General Office (19,450 sq.ft.) 2 378 45 6 17 83
Total 722 53 29 40 96
*VTPD = Vehicle Trips Per Day
In addition, the applicant has provided the city with a preliminary traffic
analysis of the project in Attachment C.
DRAINAGE ANALYSIS: Runoff from this development will sheet flow in the streets in two directions
to two separate detention ponds along West Continental Blvd. Some off-site
improvements are being proposed to the swales along Continental Boulevard
to improve drainage flow in the vicinity of the site.
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 a 10-inch sanitary sewer line located at the intersection of
Continental and Village Green Drive.
Consolidated Land Use Plan
SOUTHLAKE 2025 PLAN:
1
T-2
-
T
Continental Blvd.
Continental Blvd.
Blvd.
Davis
Blvd.
T-2
Davis
Underlying Land Use Designation: Optional Land Use Designation:
Medium Density Residential Transition 2 (T-2)
The underlying land use designation is Medium Density Residential and the
optional land use designation is T-2. The proposed development is
consistent with the recommended land use mix for the T-2 land use
designation:
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Land Use Mix Table
Use Required Proposed (Net) Proposed (Gross)*
Office 10% ± 25% 14.62% 13.92%
Residential 65% + 25% 65.18% 62.06%
(includes
streets/alleys)
Open Space 15% + 15% 20.2% 19.23%
*Percentages do not add up to 100% because the area being dedicated for
Continental R.O.W. is not included
The proposed development is consistent with the scale and context criteria
provided for the T-2 land use category. Selected T-2 criteria from the
Consolidated Land Use Plan are outlined below:
Office uses are to be located along a major arterial, collector, or
o
immediately adjacent to existing retail uses. The office uses are along a
connector and adjacent to existing retail uses to the west.
Office uses are encouraged to be limited to professional offices that are 1-
o
2 stories with footprints between 3,000 – 6,000 s.f. The office uses are
limited to professional offices. The applicant has not indicated the
maximum building footprint.
Residential uses are to be located adjacent to proposed office and existing
o
residential neighborhoods. The residential uses are adjacent to the office
uses and existing residential to the east.
Emphasis shall be placed on preservation of existing wooded areas and
o
stream corridors. Open spaces shall be integrated with the development
and occupy a prominent place in the development. The proposed common
green preserves many of the trees on the property and serves as a center
piece of the development.
The proposed development is encouraged to establish an overall concept
o
and theme. The development application includes a statement of intent
and purpose.
The scale of development should encourage 1-2 story buildings which are
o
oriented toward the street, limiting the impact of surface parking lots.
Buildings are oriented to the street. Inset/parallel parking stalls are
provided in front of some of the cottages and the common green.
Mobility Plan & Trail Plan Recommendations
Enhance mobility by providing pedestrian, bicycle, and automotive
o
connectivity to within the development and to adjoining developments.
The proposed development includes sidewalks throughout and
provides pedestrian and automotive connectivity to the retail site to
the west. Bicycle parking is provided at the office buildings.
Case No. Attachment A
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Environmental Resource Protection Recommendations (Tree Preservation)
Protect and enhance critical environmental and natural features, with
o
particular emphasis on trees and floodplains. Specifically, the
Environmental Resource Protection Map below identifies priority
areas for protection.
The proposed development plan preserves the majority of the trees
on the site and incorporates the centrally located trees into the
common green.
Encourage the use of native and adapted plants in landscaping.
o
Consider the use of native and adapted plants to reduce runoff, reduce
water consumption, and reduce maintenance costs.
The applicant has proposed a palette of native and adapted
landscaping materials for canopy trees, accent trees, and shrubs
in conjunction with the development plan.
P&Z ACTION: January 5, 2006; Approved to Table until January 19, 2006.
January 19, 2006; Approved to Table until February 23, 2006.
February 23, 2006; Approved to Table until March 9, 2006.
March 9, 2006; Approved to Table until March 23, 2006.
March 23, 2006; Approved to Table until April 20, 2006.
April 20, 2006; Approved (4-0) subject to Development Review Summary
No. 4, dated April 10, 2006, granting variances allowing paring in front of
office buildings on the northwest corner; block size; front loaded garages on
Case No. Attachment A
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lots less than 60’ wide on the east; and, front loaded garages taking up more
than 30% of the front façade width; Noting the applicant agreed not to allow
banks, medical offices, or retail; Noting the applicant’s willingness to come up
with a landscape concept plan for the primary entry median with both canopy
and ornamental trees; and, noting the applicant’s willingness to design an
appropriate masonry and landscaping fence along Continental Boulevard.
COUNCIL ACTION: May 2, 2006; Approved to Table until May, 16, 2006.
STAFF COMMENTS: Due to the unique and comprehensive informational requirements for all
developments proposed within the Transition Zoning District (TZD), the
applicant has provided a complete project report. This project report includes
all the information as specifically required by Section 47. The information in
the following sections is a summary of the critical elements of the submittal
and please refer to the attached report for all details. Please note that the
accompanying report is a part of the zoning application and will become a part
of the ordinance upon project approval.
PARK BOARD
ACTION: Development in the Transition Zoning District is eligible for up to 100%
credit on the required park dedication fees with Park Board recommendation
and City Council approval (Section 47.6) based on the open space design
criteria listed under Section 47.7(h).
At their regular meeting on December 12, 2005, the Parks and Recreation
Board recommended (8-0-1) granting the proposed development 100% credit
of the required park dedication fees for the 1.61 acres of open space provided
within the development with the following conditions:
Developer provides some features such as walkways and pedestrian
amenities.
Any significant changes to use and/or design of the open space areas
after the neighborhood is constructed and occupied shall come back to
the Park Board for approval
All landscaping materials should be complimentary to existing vegetation
and a native palette of vegetation is recommended.
N:\Community Development\MEMO\2005cases\05-142ZDP2.doc
Case No. Attachment A
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Case No. Attachment B
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Purpose & Intent
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Proposed Transition District Development Standards
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Originally Submitted Development Plan
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Proposed Transition District Components
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Proposed Open Space and Pedestrian Plan
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Development Concepts
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Proposed Development Plan
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Main entry from Continental
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Concepts addressing adjacency to Continental Boulevard and neighborhood entry features
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Neighborhood Edge – Development Plan for Office Uses
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Neighborhood Edge – Office Elevations
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Neighborhood – Cottage Elevations
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Letter of apology / clarification / invitation from Cary Clarke Homes to neighboring homeowners
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA05-142Four04/07/06
Case No.: Review No.: Date of Review:
Project Name: Continental Greens
APPLICANT/DEVELOPER:
Cary Clarke Homes, Inc.
Contact: Cary Clarke
204 N. Dooley St.
Grapevine 76051
(817) 410-8400
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/03/06 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 Jay Narayana AT (817) 748-8070.
Comments:
1.Indicate the square footage for the individual office buildings.
2.Verify with Trinity that garbage pickup will work from alleys.
3.Remove the tree buffer on the northwestern side of the property and the open space area in the
parking lot from the open space calculation because these areas are not contiguous to the rest of
the open space (see attachment).
4.The Development Standards table lists a minimum lot width and depth for the neighborhood edge
of 100 feet by 80 feet. However, the table also states that the minimum lot area for the
neighborhood edge is 4000 square feet. Please verify that these standards are correct.
Summary of aspects that are not consistent with the ordinance and for which variances have not
been requested:
1.Parking is provided in front of the office buildings on the northwest corner of the site rather than
to the rear or side of the buildings.
Summary of aspects that are not consistent with the ordinance and for which variances have been
requested:
1.Block size.
2.The cottages on the eastern section of the site, which are less than 60 feet in width, have front
loaded garages.
3.Proposed development does not meet the parking garage location and performance standards
(garage is > 30% of façade width)
Case No. Attachment D
ZA05-142Page 1
Case No Review No.Dated: Number of Pages:
. 05-142 Four April 12, 2006 2
Project Name:
Continental Estates (Zoning & Concept Plan)
Comments due to the Planning Department:
April 12, 2006
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on December 21, 2005 .
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.
===========================================================================
LANDSCAPE COMMENTS:
Are the bufferyards correctly shown and labeled?
1. The applicant proposes to provide bufferyards in the form of Streetscapes along the right-of-way and
Linear Greens adjacent to the north Cottages and throughout the development and the use of existing
trees along the east property boundary line as a buffer between the developing property and
Southlake Woods subdivision. Because the plan has changed from separated buildings with landscape
area between them to continuous building structures that cover whole areas the buffer and interior
landscape areas are more concentrated.
Does the plan meet the interior landscape requirements?
1. Although development in the Transition Zoning District (TZD) is not subject to the provisions of the
Landscaping Ordinance, the applicant has proposed interior and exterior landscaping which includes
the Streetscapes, Linear Greens and Common Green is similar to the City’s existing interior landscape
regulations with all Open Space areas being managed by the Continental Greens Property Owners
Association.
Does the plan meet the parking lot landscaping requirements?
1. The parking for the proposed office buildings has been concentrated into two mass parking lots. The
area of proposed parking lot landscaping compared to the previous Development Plan submittal has
been reduced.
There is also now an access drive or alleyway proposed adjacent to the right-of-way of West
Continental Blvd. that consumes interior landscape and buffer landscape area that was proposed in the
previous submitted Development Plan.
Where do the residents that live and visit the east Cottages park there vehicles?
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ZA05-142Page 2
Is a tree survey required?
1. No, an alternative to a tree survey may fulfill the requirements of a tree survey. Aerial photographs
and a Tree Conservation Plan of the property were submitted.
TREE PRESERVATION COMMENTS:
1. The majority of existing “Quality” trees are located within the proposed Common Green of the
development where the stand of trees is proposed to be preserved. The stand is made up of even-aged
Post Oaks and is not affected by the proposed grading or drainage. Some of the trees will need to be
removed to construct the five (10) Villas which face the Common Green and a portion of the right-of-
way. The existing trees that line the east property line are now proposed in small backyards of the
proposed east Cottages and the existing trees in the northwest corner of the development are
proposed to be removed because there is not sufficient space between the proposed office buildings
and the existing car wash property to the north.
Other trees on the site include American Elm, Cottonwood, Sweetgum and Red Maple which are
located around existing structures. These trees would be removed to construct the Villas, alleys,
access drives and right-of-way. Existing trees and shrubs along Continental Boulevard are going to
be preserved within proposed bufferyards and R-O-W dedication for Continental Blvd.
Case No. Attachment D
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Case ZA 05-142 Review No. 3 Dated: 12/27/05 Number of 1
No. Pages:
Project Name: Continental Greens – Zoning Change & 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 12/27/05. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
DRAINAGE COMMENTS:
* All storm sewers collecting runoff from the public street shall be RCP.
* This property drains into Critical Drainage Structures (#18 & #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 to Public Works Administration. Ensure that plans conform to the most
recent construction plan checklist, standard details and general notes which are located on the City’s website
under Public Works~Engineering Design Standards.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
* A Developer’s Agreement will be required for this development and must 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
Continental Greens
Owner Zoning Land Use Acreage
1.Earley, Melvin & Latricia SF-20A Medium Density Residential 0.813
2.Robinson, David & Pamela SF-20A Medium Density Residential 0.464
3.Barksdale, David H & Sandra SF-20A Medium Density Residential 0.48
4.Haston, Wayne & Rita SF-20A Medium Density Residential 0.469
Pettit, Shaun & Lisa Ann
5.Country Walk Ltd Prtnshp SF-20A Medium Density Residential 0.273
6.Gwwc Investments I-1 Industrial 0.615
7.Pjt Properties, LP I-1 Industrial 0.582
Doskocil, Christopher
8.Doskocil, Christopher I-1 Industrial 0.582
Dowis Park Ventures LLC
9.David, Don I-1 Industrial 0.838
10.D Fontana Holdings Lp I-1 Industrial 2.839
11.Williams, Fred L & Wendy S SF-20A Medium Density Residential 0.464
Southlake Woods Lp
12.Robbins, Randy L & Jennifer SF-20A Medium Density Residential 0.46
Case No. Attachment E
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Owner Zoning Land Use Acreage
13.Southlake Woods, Lp SF-20A Medium Density Residential 0.459
Miller, John Troy
14.Southlake Woods Homeowners SF-20A Medium Density Residential 0.842
15.Southlake Woods Homeowners SF-20A Medium Density Residential 0.028
16.Southlake Woods Homeowners SF-20A Medium Density Residential 0.082
17.Wells, Vernon & Charlene SF-20A Medium Density Residential 0.983
18.Overby, Larry J & Denise G SF-30 Medium Density Residential 0.944
19.Mirage Carwash Ltd C-3 Industrial 2.0
20.City of Southlake CS Retail Commercial 0.065
21.Woods, Ronnie M S-P-1 Retail Commercial 1.261
22.Tristan Chung Inc C-2 Retail Commercial 0.551
Segal Enterprises, Inc
23.Jjb Enterprises Inc AG Retail Commercial 1.26
24.Livingston, Timothy & Lori AG Medium Density Residential 2.73
25.Kane, Linda Louise S-P-1 Medium Density Residential 3.0
Arca, James B
26.Harlan, Kathy AG Medium Density Residential 2.7
Boles, David C & Teisha
27.City of Southlake SF-20A Public Parks / Open Space 5.295
28.Jjb Enterprises Inc AG Office Commercial 11.27
Case No. Attachment E
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Surrounding Property Owner Responses
Continental Greens
Notices Sent: Twenty-Nine (29)
Responses Received as of 5:00 PM, April 13, 2006: Over Two Hundred (>200)
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& April 11, 2006
Hargrove, Randy 114 Wilmington Ct. March 2, 2006
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-487
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 1B1A, 1B1A1, & 1B1B, SITUATED IN
THE T.J. THOMPSON SURVEY, ABSTRACT NO. 1502 AND LOT 1, T.J.
THOMPSON NO. 1502 ADDITION, BEING APPROXIMATELY 9.41 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT, “SF-30” SINGLE FAMILY
RESIDENTIAL DISTRICT, AND “S-P-1” DETAILED SITE PLAN DISTRICT TO
“TZD” TRANSITION ZONING DISTRICT AS DEPICTED ON THE APPROVED
DEVELOPMENT PLAN, INCLUDING 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 “AG” Agricultural District, “SF-30”
Case No. Attachment G
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Single Family Residential 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 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
Case No. Attachment G
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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 1B1A, 1B1A1, & 1B1B, situated in the T.J. Thompson Survey, Abstract No.
1502 and Lot 1, T.J. Thompson No. 1502 Addition, an addition to the City of Southlake,
according to the plat recorded in Cabinet ‘B’, Slide 1185, of the Plat Records, Tarrant County,
Texas, being approximately 9.41 acres, and more fully and completely described in Exhibit “A”
from “AG” Agricultural District, “SF-30” Single Family Residential District, and “S-P-1”
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Detailed Site Plan District to “TZD” Transition Zoning District as depicted on the approved
Development Plan, including development standards, attached hereto and incorporated herein as
Exhibit “B”, and subject to the following specific conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
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SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or 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
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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 ___________, 2006.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 1B1A, 1B1A1, & 1B1B, situated in the T.J. Thompson Survey, Abstract No. 1502 and Lot 1,
T.J. Thompson No. 1502 Addition, an addition to the City of Southlake, according to the plat recorded in
Cabinet ‘B’, Slide 1185, of the Plat Records, Tarrant County, Texas, being approximately 9.41 acres.
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EXHIBIT “B”
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