Item 6H13 SOUTHLAI<,,E
CITY OF
Department of Planning & Development Services
STAFF REPORT
May 14, 2008
CASE NO: ZA08 -017
PROJECT: Zoning Change and Development Plan for Statham /George Addition
REQUEST: On behalf of property owners Jerry Statham and David George, Four Peaks
Development is requesting approval of a Zoning Change and Development Plan for
Statham /George Addition, a residential development of 3 lots on approximately 3 acres
located at 2980 Burney Lane. Lots for this development plan are based on existing
tract boundaries of three tracts; therefore no additional lots are being created by this
proposal.
This Zoning Change and Development Plan request is in response to concerns
expressed by City Council and area residents at and before the February 5 City Council
meeting for Lake Forest, a proposed 5 -lot residential development (ZA07 -133). The
placement of the access road to Lake Forest was previously located on the southern
property line of Lot 10, Block 2, Harbor Oaks Addition. This development proposes to
move that single point of ingress / egress and utility access to the northern property
line of Lot 10, Block 2, Harbor Oaks Addition. This road would service the five (5) Lake
Forest lots, these three (3) lots, and two (2) existing lots to the north, totaling ten (10)
lots.
Because of the existing nature of the three (3) subject lots and the proposed
installation of a public access easement, specific zoning regulations are required to
address setbacks, lot dimensions, lot size, and lot coverage. The R -PUD Zoning
District regulations for this 3 -lot Statham /George Addition are provided in Attachment C
of this report.
A variance to Right -Of -Way dedication is being requested.
Surrounding property owner opposition to this case is in excess of 20 %. Opposition
currently stands at ±36 %. As such, a super- majority vote of City Council (3/4 members
of City Council) is required in order to approve this case.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for a zoning change and
development plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Development Plan Review Summary No. 2, dated May 14, 2008
(E) Surrounding Property Owners Map
Case No.
ZA08 -017
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480 -559
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (817)748 -8067
Dennis Killough (817)748 -8072
Case No.
ZA08 -017
BACKGROUND INFORMATION
OWNERS: Jerry Statham and David George
APPLICANT: Four Peaks Development
PROPERTY SITUATION: 2980 Burney Lane
LEGAL DESCRIPTION: Tracts 7 and 7A, RD Price Survey, Abstract No. 1207 and Tract 2F2, J.
Childress Survey, Abstract No. 254
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: SF -1A Single Family Residential District
REQUESTED ZONING: R -PUD Residential Planned Unit Development District
PATHWAYS
MASTER PLAN: The R -PUD regulations propose no sidewalks for this development.
WATER & SEWER: The R -PUD regulations propose the use of on -site septic systems for the three
existing lots. The 8 -inch water line in Burney Lane will be available to all lots
via a proposed utility easement.
P &Z ACTION: April 3, 2008; Approved to table until April 17, 2008.
April 17, 2008; Approved (5 -1) subject to Revised Development Plan Review
Summary No. 1, dated April 17, 2008.
COUNCIL ACTION: May 6, 2008; Approved first reading (4 -2) subject to Revised Development Plan
Review Summary No. 1, dated April 17, 2008; and requiring minimum 1 acre
lot size. Also, this item will be considered in conjunction with associated case
ZA07 -133 and the clear resolution on location of access for all properties and
lot boundaries.
STAFF COMMENTS: Surrounding property owner opposition to this case is in excess of 20 %.
Opposition currently stands at ±36 %. As such, a super- majority vote of City
Council (3/4 members of City Council) is required in order to approve this case.
Attached is Development Plan Review Summary No. 2, dated May 14, 2008
N:ICommunity DevelopmentlMEMO12008cases1017 -Z - Tr 7 & 7A. RD Price; Tr 2F2. C ChildresslStaff Reporh08- 017ZDP. doc
Case No. Attachment A
ZA08 -017 Page 1
Vicinity Map
Statham /George Addition
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Case No. Attachment B
ZA08 -017 Page 1
LINK TO POWERPOINT PRESENTATION
Case No. Attachment C
ZA08 -017 Page 1
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ZONING PROPOSAL FOR
Statham /George Addition
"R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
Statham/George Addition ( "SGA ") is a proposed 3 single family residential lot development to be
constructed on 3.004 acres of land located on the north side of the City of Southlake, a density of lunit per
gross acreage. The property is currently made up of three tracts that, though zoned SF 1 -A, have never
been platted. The purpose of this rezoning and platting is to allow these three tracts to work in
conjunction and cooperation with the two zoned and platted lots located north of SGA and the proposed
Lake Forest Addition located south of SGA to have a single, shared point of ingress and egress and a
single location for utilities to service the various lots. The three lots are configured with a front lot (Lot 1)
having frontage on Burney Lane with a front dimension of approximately 155 feet wide and a depth of
284.5 feet. Immediately west of the front lot is a lot (Lot 2) with a width of approximately 131 feet and a
depth of approximately 300 feet. The west side of this lot and the third lot abuts the Corps of Engineers
Land on Grapevine Lake. The third lot (Lot 3) is located immediately north of the second lot and has
varying lengths of depth, being approximately 354 feet on the south and 410 feet on the north.
The development entity proposing the project is Four Peaks Development, Inc. Four Peaks will not own
any of the SGA lots but will coordinate the development of the primary entry road and utilities as part of
its Lake Forest development. As part of the agreement between the parties who own the SGA lots, David
George and Jerry Statham, and the Lake Forest Development, SGA has agreed that its lots will utilize the
shared, common drive with Lake Forest, once constructed and provided the Lake Forest Development is
approved by the City of Southlake.
The PUD application calls for a public road to be constructed on a common access easement to be
dedicated across the length of the west property line of lot 1, bending to clip the northeast corner of lot 2
and then running the length of the east property line of lot 3 then on into the public road to be constructed
as part of the development of Lots 1 & 2, R.D. Price No. 1207 Subdivision. The common access easement
and paving width shall be sixteen feet (16') which width was approved for the development of the
previously reference R.D. Price No. 1207 Subdivision. Additionally, as part of this PUD application, we
are requesting a variance to the sidewalk ordinance so as to not require any sidewalks be constructed as
part of this development, recognizing there are no sidewalks in this part of Southlake. In lieu of right of
way dedication on Burney Rd., Lot 1 shall dedicate approximately 350 square feet of land as a public
access, drainage and utility easement.
This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake
Comprehensive Zoning Ordinance for "SF 1 -A "single- family residential zoning district and as amended,
with the following exceptions:
Sidewalks: There shall be no sidewalks within the addition.
Open Space: The open space for each lot shall be the east 10% of each lot, save and except that area or
areas called for as the public road and /or driveways. Architectural, recreational and non -
habitable structures are permitted to be constructed within this open space.
Case No. Attachment C
ZA08 -017 Page 3
Front Yard Setback: The front yard setback shall be a minimum of twenty -five feet (25')
Side Yard Setback: The minimum side yard shall not be less than ten percent (10 %) of the width of the
lot, measured at the mid point of the lot, but not less than twelve and a half feet (12 1 /z')
Rear Yard Setback: The primary residence on each lot shall have a minimum rear yard of thirty feet (30')
House Orientation for Lot 1: Recognizing that a public road will be constructed adjacent to the south and
west property lines of Lot 1, there is no restriction as to the orientation of the house (i.e.
locating the front door) to be built on this lot. The other sides of the lot will be "side" or
"rear" yard accordingly.
Maximum Lot Coverage: Thirty percent (30 %)
Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of
the requirement to install a dry pipe system is requested. Also, except for the self contained
sanitary sewer facility currently employed by the house located on Lot 2 which is permitted
by this PUD, Lots 1 and 2 agree to install and utilize aerobic waste water systems and shall
comply with all of the requirements for such systems as called for by the Tarrant County
Health Department which shall be the ultimate approval needed for said lots, regardless of
any additional restrictions put forth by the City of Southlake.
Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear line
of certain lots shall not apply to property within this Residential Planned Unit Development.
We respectfully ask for approval of this R -PUD application for the Statham/George Addition. Having a
single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance
the overall area and will put forth a cooperative effort to resolve the alternative location for an access road
into the Lake Forest Addition.
DEVELOPMENT PLAN REVIEW SUMMARY
Case No. Attachment C
ZA08 -017 Page 4
Case No.: ZA08 -017 Review No.: Two Date of Review: 05/14/08
Project Name: Development Plan — George /Statham Addition
APPLICANT:
Four Peaks Development — Tom Matthews
726 Commerce St.; Ste. 109
Southlake, TX 76092
P: (817)329 -6996
F: (817)481 -4074
ENGINEER:
Hamilton Duffv PC — Keith Hamilton
8241 Mid - Cities Blvd; Ste 100
North Richland Hills, TX 76180
P: (817)268 -0408
F: (817)284 -8408
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/18/08 AND 05/12/08 AND
WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF DEVELOPMENT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748 -8069.
Anything lying in a public ROW (either
prescriptive or dedicated) can only be reclaimed by City Council approval of a quit -claim /
abandonment ordinance.
2. Graphically represent the proposed open space by means of a conservation or tree preservation
easement on the development plan and plat.
a. Clearly define what types of uses and structures will be permitted in the open
space /conservation easement. The permitted uses and structures are subject to City
Council approval. It is recommended that storage or habitable structures not be permitted
and if allowed, be limited in any proposed open space.
b. The area occupied by any proposed structures or driveways encroaching the designated
open space area should not be counted as open space. The area of open space calculated
should be net of any encroachments.
3. The following comments are in regard to outstanding submittal requirements:
a. Provide a Tree Conservation Plan (TCP) showing all trees on the site as to their caliper
and type. The TCP should show what trees will be saved (green), removed (red), and are
marginal (blue or yellow). Tree canopy cover calculations and preservation requirement
must also be provided. See Tree Preservation Ordinance No. 585 -D.
4. The following comments are in regard to the proposed R -PUD Regulations:
a. Subdivision Ordinance requires that all lots front onto a public street. Provide a regulation
that allows for these lots to front on the common access easement as proposed on the
Development Plan.
5. The following comments are in regard to labeling:
a. Show all setback lines per the proposed R -PUD regulations
b. Place the city case number (ZA08 -017) in the lower right corner of the plan.
c. Label plan as "Development Plan" in the title block
d. Remove "proposed" from lot numbers
Case No. Attachment D
ZA08 -017 Page 2
e. Show the location of the 572' contour elevation. It is recommended that this area be
designated as a Conservation Easement and /or "No Disturbance Area"
6. The public access road / easement must comply with the city's structural construction standards
for a public street and is subject to City Engineer and Fire Marshal approval. Curb return radii
must be minimum 30 -feet, inside curve must be minimum 30 -feet, and exterior curve must be 54-
feet radius.
7. It appears that additional row dedication is required in the southeast corner of the proposed Lot 1
in order to maintain a minimum 60' row for Burney Lane. Applicant proposes a public access
drainage & utility easement in place of ROW dedication (Variance Requested),
8. Public roadway easement must be designated as drainage, utility, public access, and emergency
access easement.
A fully corrected plan that includes all associated support plans /documents and
conditions of approval is required before any ordinance or zoning verification letter
publication or before acceptance of any other associated plans for review. Plans and
documents must be reviewed and stamped "approved" by the Planning Department.
All development must comply with the City's Drainage Ordinance No. 605 and detain
all post development run -off.
The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, 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.
Denotes Informational Comment
Case No. Attachment D
ZA08 -017 Page 3
Surrounding Property Owners
Statham /George Addition
10
W13
12
11
SPO #
Owner
Zoning
Land Use
Acreage
1.
Statham, Jerry
RPUD
Low Density Residential
2.0
2.
Statham, Jerry
RPUD
Low Density Residential
2.1
3.
Housmans, Errol V Etux Leslie
SF1 -A
Low Density Residential
1.9
4.
O'Connor, Martin V Etux Mary
SF1 -A
Low Density Residential
5.9
5.
6.
7.
Burnett, Patricia H
George, David W
Curtis, Mary Kathryn
SF1 -A
SF1-A
SF1 -A
Low Density Residential
Low Density Residential
Low Density Residential
2.0
1.1
1.1
8.
Ault, David Etux Gloria
SF1 -A
Low Density Residential
1.0
9.
Hartman, Jay
SF1 -A
Low Density Residential
0.8
10.
U S A
AG
Corps of Engineers
495.1
11.
Miles, Marylyn E & Etal
AG
Low Density Residential
9.7
12.
U S A
Shackleford Holdings
George, David
AG
SF1-A
SF1-A
Corps of Engineers
Low Density Residential
Low Density Residential
47.2
Case No. Attachment E
ZA08 -017 Page 1
Surrounding Property Owner Responses
Statham /George Addition
Notices Sent: Fourteen (14)
Responses Received: Four (4)
1) Mary Kathryn Curtis, 3580 Burney Lane, Submitted a Notification Response Form stating
Opposed To on March 31, 2008 (attached).
2) Martin V. & Mary O'Connor, P.O. Box 92879, Submitted a Notification Response Form stating
Opposed To on March 31, 2008 (attached).
3) David & Gloria Ault, 3570 Burney Lane, Submitted a Notification Response Form stating
Opposed To on April 3, 2008 (attached).
4) Patricia H. Burnett, 3510 Burney Lane, Submitted a Notification Response Form stating Opposed
To on April 3, 2008 (attached).
Responses Received Outside 200 Feet: One (1)
1) William T. and Debi Capps Jr., 2890 Harbor Refuge, Submitted a Notification Response Form
stating Opposed To on April 17, 2008 (attached)
Case No. Attachment F
ZA08 -017 Page 1
Mar 18 08 09:14a Cathy (lagers 817 -329 -0661 p.l
Notification Response Form
ZA08 -017
8
Curtis, Mary Kathryn
3580 Burney Ln
Southlake Tx, 76092
A 254 2G 91
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF TIME SCHEDULED PUBLIC HEARI
Being the owner(s) of the property so noted alcove, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
M
Additional Signature:
Printed Name(s): . z
Must be property owner(s) whose
Phone Number (optional):
printed at top. Otherwise contact the
Date:
Department. One form per property.
Case No. Attachment F
ZA08 -017 Page 2
Notification Response Form
ZA08 -017
April 3, 2008
O'Connor, Martin V Etux Mary
PO Box 92879
Southlake Tx, 76092
17084 4 21 9
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
LCA-
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Signature: �ww� — Date:
Additional Signatur
Printed Name(s): I
Must be property owner(s) whose
Phone Number (optional):
Case No. Attachment F
ZA08 -017 Page 3
Apr 03 06 06:00p p 1
Notification Response Form
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARI.NG,,
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above..
Space for comments regarding your position:
Signature:
Additional SignatUre:
Printed Name(s). .. 0- (a- ° 'r -
Must be property owner(s) whose narne(s) are printed at top. 0
Phone Number (optional):
Case No.
ZA08 -017
Date:
Date Z5 c
contact the Planning Department One orm per
Received
APR 0 3 2008
Planning Dept
Attachment F
Page 4
Dii ect'yuestinns ani lzmail responses for
ZADO -017
City of Southlake
April 3, 2008
Planning &_Development Services:;
:.lUlaticafeon Response -
Aurt, David Etux Gloria
440(1 Main Bt 3'1 ..
3570 Burney Ln
Southlalse' :T 76092 2 ,
Southlake Tx, 76092
: Pl oni : (817)7 8069 -
A 254 2GO1
_
Fax. ijB'LTi748 $977:
1Wmail: planriit3 al?ci.southlake taus =
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARI.NG,,
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above..
Space for comments regarding your position:
Signature:
Additional SignatUre:
Printed Name(s). .. 0- (a- ° 'r -
Must be property owner(s) whose narne(s) are printed at top. 0
Phone Number (optional):
Case No.
ZA08 -017
Date:
Date Z5 c
contact the Planning Department One orm per
Received
APR 0 3 2008
Planning Dept
Attachment F
Page 4
Notification Response Form
ZA08 -017
April 3, 2008
Burnett, Patricia H
3510 Burney Ln
Southlake Tx, 76092
A 254 2C 90
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX, EMAIL, OR HAND
DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
Signature:
Date: 0
Additional Signatures Date:
Recowed
Printed Name(s): -APR 0 2 2000
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department, form per property.
Planning Dept
Phone Number (optional):
Case No. Attachment F
ZA08 -017 Page 5
Propej•ty Own& Respo " :se Forts
Reference: ZA 0
1, f rl � �- ��
0
-I- ' .�Lo c� -P--
7'x. - 'G IL) fL.
Being the Ow of thts property so noted, do hereby favor 4a ose circle or
underline one) the proposed rezoning of the above referenced property,
Signature
Retam or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
NXommunity bevelopmentlWP- PILES1FQRMStaffic§al petitiao doc
Oa- 1'i - )S . 1_ ;4i 1.!
.,-/ -7 — 0 5!
Date
Case No. Attachment F
ZA08 -017 Page 6
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -559
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 7
AND 7A, SITUATED IN THE RD PRICE SURVEY, ABSTRACT NO.
1207 AND TRACT 2F2 SITUATED IN THE J. CHILDRESS SURVEY,
ABSTRACT NO. 254, AND BEING APPROXIMATELY 3 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-
PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT,
AS DEPICTED ON THE 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
Case No. Attachment G
ZA07 -133 Page 1
WHEREAS, the hereinafter described property is currently zoned as "SF -1 A" Single Family
Residential 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
Case No. Attachment G
ZA07 -133 Page 2
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
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Case No. Attachment G
ZA07 -133 Page 3
Being Tracts 7 and 7A, situated in the RD Price Survey, Abstract No. 1207 and Tract
2F2 situated in the J. Childress Survey, Abstract No. 254, and being approximately 3
acres, and more fully and completely described in Exhibit "A" from "SF -1A" Single
Family Residential District to "R -PUD" Residential Planned Unit Development District
as depicted on the approved Site Plan 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
Case No. Attachment G
ZA07 -133 Page 4
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
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
Case No. Attachment G
ZA07 -133 Page 5
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 , 2008.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
Case No.
ZA07 -133
day of , 2008.
Attachment G
Page 6
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA07 -133
Attachment G
Page 7
*AV II1:311MAN
Being Tracts 7 and 7A, situated in the RD Price Survey, Abstract No. 1207 and Tract 21F2 situated
in the J. Childress Survey, Abstract No. 254, and being approximately 3 acres, and more fully
described below as:
* ** This space reserved for metes & bounds description * **
Case No. Attachment G
ZA07 -133 Page 8
EXHIBIT `B"
Case No.
ZA07 -133
Attachment G
Page 9
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ZONING PROPOSAL FOR
Statham /George Addition
"R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT
Statham/George Addition ( "SGA ") is a proposed 3 single family residential lot development to be
constructed on 3.004 acres of land located on the north side of the City of Southlake, a density of lunit per
gross acreage. The property is currently made up of three tracts that, though zoned SF 1 -A, have never
been platted. The purpose of this rezoning and platting is to allow these three tracts to work in
conjunction and cooperation with the two zoned and platted lots located north of SGA and the proposed
Lake Forest Addition located south of SGA to have a single, shared point of ingress and egress and a
single location for utilities to service the various lots. The three lots are configured with a front lot (Lot 1)
having frontage on Burney Lane with a front dimension of approximately 155 feet wide and a depth of
284.5 feet. Immediately west of the front lot is a lot (Lot 2) with a width of approximately 131 feet and a
depth of approximately 300 feet. The west side of this lot and the third lot abuts the Corps of Engineers
Land on Grapevine Lake. The third lot (Lot 3) is located immediately north of the second lot and has
varying lengths of depth, being approximately 354 feet on the south and 410 feet on the north.
The development entity proposing the project is Four Peaks Development, Inc. Four Peaks will not own
any of the SGA lots but will coordinate the development of the primary entry road and utilities as part of
its Lake Forest development. As part of the agreement between the parties who own the SGA lots, David
George and Jerry Statham, and the Lake Forest Development, SGA has agreed that its lots will utilize the
shared, common drive with Lake Forest, once constructed and provided the Lake Forest Development is
approved by the City of Southlake.
The PUD application calls for a public road to be constructed on a common access easement to be
dedicated across the length of the west property line of lot 1, bending to clip the northeast corner of lot 2
and then running the length of the east property line of lot 3 then on into the public road to be constructed
as part of the development of Lots 1 & 2, R.D. Price No. 1207 Subdivision. The common access easement
and paving width shall be sixteen feet (16') which width was approved for the development of the
previously reference R.D. Price No. 1207 Subdivision. Additionally, as part of this PUD application, we
are requesting a variance to the sidewalk ordinance so as to not require any sidewalks be constructed as
part of this development, recognizing there are no sidewalks in this part of Southlake. In lieu of right of
way dedication on Burney Rd., Lot 1 shall dedicate approximately 350 square feet of land as a public
access, drainage and utility easement.
This Residential Planned Unit Development shall abide by all the conditions of the City of Southlake
Comprehensive Zoning Ordinance for "SF 1 -A "single- family residential zoning district and as amended,
with the following exceptions:
Sidewalks: There shall be no sidewalks within the addition.
Open Space: The open space for each lot shall be the east 10% of each lot, save and except that area or
Case No. Attachment G
ZA07 -133 Page 11
areas called for as the public road and /or driveways. Architectural, recreational and non -
habitable structures are permitted to be constructed within this open space.
Front Yard Setback: The front yard setback shall be a minimum of twenty -five feet (25')
Side Yard Setback: The minimum side yard shall not be less than ten percent (10 %) of the width of the
lot, measured at the mid point of the lot, but not less than twelve and a half feet (12 1 /z')
Rear Yard Setback: The primary residence on each lot shall have a minimum rear yard of thirty feet (30')
House Orientation for Lot 1: Recognizing that a public road will be constructed adjacent to the south and
west property lines of Lot 1, there is no restriction as to the orientation of the house (i.e.
locating the front door) to be built on this lot. The other sides of the lot will be "side" or
"rear" yard accordingly.
Maximum Lot Coverage: Thirty percent (30 %)
Sanitary Sewer: Recognizing there is no City sanitary sewer service to this part of Southlake, a waiver of
the requirement to install a dry pipe system is requested. Also, except for the self contained
sanitary sewer facility currently employed by the house located on Lot 2 which is permitted
by this PUD, Lots 1 and 2 agree to install and utilize aerobic waste water systems and shall
comply with all of the requirements for such systems as called for by the Tarrant County
Health Department which shall be the ultimate approval needed for said lots, regardless of
any additional restrictions put forth by the City of Southlake.
Section 8.01E of the Subdivision Ordinance No. 483, as amended, regarding lot width along the rear line
of certain lots shall not apply to property within this Residential Planned Unit Development.
We respectfully ask for approval of this R -PUD application for the Statham/George Addition. Having a
single point of ingress and egress for all of the lots located in this small corner of Southlake will enhance
the overall area and will put forth a cooperative effort to resolve the alternative location for an access road
into the Lake Forest Addition.
Case No. Attachment G
ZA07 -133 Page 12