Item 7B13 SOUTHLAI<,,E
CITY OF
Department of Planning & Development Services
STAFF REPORT
October 24, 2011
CASE NO: ZA11 -052
PROJECT: Zoning Change and Concept Plan for Palazzo Residence
EXECUTIVE
SUMMARY: James and Carol Palazzo are requesting approval of a zoning change and concept
plan from "AG" Agricultural District to "SF -2" Single Family Residential District on
property described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas and currently addressed as 1931 Randol Mill
Ave, Southlake, Texas. SPIN # 4
REQUEST: The applicant is requesting approval of a zoning change and concept plan from "AG"
Agricultural District to "SF -2" Single Family Residential District in order to combine two
existing tracts totaling approximately 4.96 acres to construct a new residence.
The applicant is scheduled to go before the Zoning Board of Adjustment on October
27, 2011 to request a variance to allow the proposed barn to be located forward of the
principal residence as shown on the concept plan. The existing residence shown on
the plan must be removed prior to issuance of a certificate of occupancy for the new
residence. Staff will provide an updated report following ZBA action as well as a
revised tree conservation plan.
ACTION NEEDED: Consider 1 st reading approval of a zoning change and concept plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
Background Information
Vicinity Map
Plans and Support Information — Link to PowerPoint
Revised Concept Plan Review Summary No. 1 dated October 13, 2011
Surrounding Property Owners Map and Responses
Ordinance No. 480 -611
STAFF CONTACT: Dennis Killough (817) 748 -8072
Richard Schell (817) 748 -8602
Case No.
ZA11 -052
BACKGROUND INFORMATION
OWNER/
APPLICANT: James and Carol Palazzo
PROPERTY SITUATION: 1931 N. Carroll Ave.
LEGAL DESCRIPTION: Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Low Density Residential and 100 -Year Flood Plain
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -2" Single Family Residential District
CITIZEN INPUT: The applicant opted to not hold a SPIN meeting since the earliest available
date was November 7, 2011, which would have pushed the date that the case
would have gone to second reading at City Council to January 3, 2012. The
applicant agreed to work with the SPIN representative to contact adjacent
property owners who had concerns about the proposed plans.
SOUTHLAKE 2025
PLAN: The underlying land use designation is Low Density Residential and 100 -
Year Flood Plain. The requested zoning is in conformance with this land use
designation.
PATHWAYS PLAN: An eight (8) foot multi -use trail (natural) is shown on the Pathways Plan
along the western and northern property boundaries. A residential lot that is
platted as a single lot of record is exempt from this requirement unless:
i. ......... Sidewalks are existing on both sides of the lot; or
ii. ........ The lot is located within 1,500 feet of a public or private school.and
is on the same side of the street.
This property is proposed as a single lot. There is no existing trail to the
north or south of the property nor is there a school within 1,500 feet on the
same side of the street.
TREE PRESERVATION: 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.
PLANNING AND ZONING
COMMISSION ACTION: October 20, 2011; Approved (6 -0) subject to Revised Concept Plan Review
Summary No. 1 dated October 13, 2011.
STAFF COMMENTS: Revised Concept Plan Review Summary No. 1 dated October 13, 2011 is
attached.
Case No. Attachment A
ZA11 -052 Page 1
Vicinity Map
Palazzo Residence
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Case No. Attachment B
ZA11 -052 Page 1
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REVISED CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA11 -052 Review No.: One Date of Review: 10/13/11
Project Name: Site Plan — Palazzo Residence
APPLICANT: James and Carol Palazzo
416 Stockton Drive
Southlake. TX 76092
Phone: (817) 490 -6278
E -mail: c.palazzo @verizon.net
OWNER: James and Carol Palazzo
416 Stockton Drive
Southlake, TX 76092
Phone: (817) 490 -6278
E -mail: c.palazzo @verizon.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/13/11 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
RICHARD SCHELL AT (817) 748 -8602.
The accessory building labeled "New Proposed Barn" will require approval of a Variance from the
Zoning Board of Adjustment to be allowed in the front yard as shown on the concept plan. The
applicant is scheduled to go before the Zoning Board of Adjustment on October 27, 2011.
2. Show the approximate location of the 100 and 500 year flood plain crossing the eastern boundary
of the property. The 100 year storm water surface elevation boundary will need to be designated
as drainage easement on any subsequent plat. Additionally, a minimum finish floor elevation 2 feet
above the 100 year storm water surface elevation will be required established and shown on the
plat. Any construction proposed in the flood plan may require a flood plain permit.
3. Trees preservation must be provided in accordance with the following table:
Ordinance 585 -D, Section 7.2, Table 2.0
Table 2.0 — Existin Tree Cover Preservation Requirements Percentage (?/'
existing= tree corer on the entire site
m Minimu percentage of the existing tree
corer to be preserved
0%-20%
70%
20.1-40%
60%
1 40.1%-60%
50%
60.1 % - 80%
40%
80.1% - 100%
30%
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1. Provide preliminary water, sewer, drainage and grading plans for this development.
2. A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City's sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748 -8082.
3. Show the dimensions for the proposed driveway.
Use the City of Southlake GPS monuments whenever possible.
EASEMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15'
minimum and located on one lot — not centered on the property line. A 20' easement is required if
Case No. Attachment D
ZA11 -052 Page 1
both storm sewer and sanitary sewer will be located within the easement.
2. Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
MylellIA:Kole]LyiILyiIA0111 &3
The minimum size for water lines is 8 ".
The water meters must be located in an easement or right -of -way.
SANITARY SEWER COMMENTS:
1. The minimum size for sanitary sewer lines is 8 ". All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
2. The existing sanitary sewer located in the ROW may need to be extended to the east property line.
All sewer lines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. Submit a preliminary drainage plan.
2. Provide a grading plan which includes drainage arrows and 2' contours. Contours may be obtained
from the City of Southlake.
3. Show the limits of the floodplain if applicable.
The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
Submit 2 copies of the civil construction plans (22" x 34" full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City's website.
http:// www. cityofsouthlake. com/ PublicWorks /engineeringdesign.asp
A Developer's Agreement may 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 acceptable to Public Works prior to placing the Developer's Agreement on the
City Council agenda for consideration.
A separate bond will be required for the Maintenance Bond and bound only unto the City of Southlake
for a period of two years for all development projects. The Maintenance Bond cannot be tied to the
Performance and Payment Bond in any way.
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
Informational Comments:
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.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
The applicant should be aware that prior to issuance of a building permit a Plat must be processed
and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation plan,
and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
Case No. Attachment D
ZA11 -052 Page 2
SURROUNDING PROPERTY OWNERS
15
1
14
16
10 g
W
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0 17
12
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Z qs
DEN GAT T
8 O
18
13
11
7
3
6
2
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5
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SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Current Owner
SF1 -A
Low Density Residential
1.10
NR
2.
Low Density Residential,
NR
Luce, Stephen Etux George A
SF1 -A
100 -Year Flood Plain
1.04
3.
Phelps, Thomas Etux Carolyn
Low Density Residential,
O
S
SF1 -A
100 -Year Flood Plain
1.02
4.
Low Density Residential,
NR
Poole, Robert Etux Rebecca
SF1 -A
100 -Year Flood Plain
1.04
5.
100 -Year Flood Plain, Low
NR
Dang, Tom & Arlene Dang
SF1 -A
Density Residential
1.02
6.
100 -Year Flood Plain, Low
U
Patterson, James Etux Tracey
SF1 -A
Density Residential
1.03
7.
Sloane, Loren K Etux Marina
SF1 -A
Low Density Residential
1.02
U
8.
Means, Glenn Etux Laura
SF1 -A
Low Density Residential
0.96
O
9.
Kane, Nancy R
SF1 -A
Low Density Residential
1.00
NR
10.
Patel, Indravadan Etux Binita
SF1 -A
Low Density Residential
1.04
NR
Case No. Attachment E
ZA11 -052 Page 1
11.
James, George Etux Tesmol
SF1 -A
Low Density Residential
1.00
F
12.
Low Density Residential,
NR
Levrier,Fulgencio Jr Etux Rose
SF1 -A
100 -Year Flood Plain
2.85
13.
Low Density Residential,
NR
Levrier,Fulgencio Jr Etux Rose
SF1 -A
100 -Year Flood Plain
2.21
14.
Hoover, E C Etux Fran W
SF1 -A
Low Density Residential
2.01
NR
15.
Stiborek, B J
AG
Low Density Residential
0.97
NR
16.
100 -Year Flood Plain, Low
NR
Hillman, Luther L
AG
Density Residential
1.23
17.
100 -Year Flood Plain, Low
NR
White, J P
AG
Density Residential
2.65
18.
100 -Year Flood Plain, Low
NR
White, J P
AG
Density Residential
2.38
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent:
Responses Received
Eighteen (18)
Five (5) — Attached
NR: No Response
Case No. Attachment E
ZA11 -052 Page 2
Uct, 10. 1011 9:41ANI IK AKLAUIUIN
Notification Response Farm
ZA11 -082
MEETING DATE10 /20/2011 6:30 :00 PM
James, George Etux Teemol
1211 golden Gate Dr
Southlake Tx, 76092
43807 C 4
No. 4811 P. 1
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(a) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature: Date: -�o
Additional Signature: Date: lelz 'll
Printed Name(s): �J ,
Must be property owner(s) whose n e(s) are printed at top.
c`;
the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA11 -052 Page 3
Notification Response Form
ZA11082
MEETING DATE1b/20/2o11 9:30:00 PM
Patterson, James Etux Tracey
1409 Bay Meadows Dr
Southlake Tx, 76092
43807 B 17
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted aboyaare hereby
in favor of opposed.to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
z 4L
Signature: Date:
Additional Si na re: Date:
Printed Name(s): `��'C``'���'�
Must be property owner(s) whose names) are printed at top. Otherwise ntact the Planning Department. One forth per property.
Phone Number (optional)?
I - d
XU-1 13rN3SH dH Wd94r9 110d 91 quO
Case No. Attachment E
ZA11 -052 Page 4
Oct.16.2011 11:23 AM The Sloanes
817 251 8107 PAGE. 1/ 2
Notification Response Form
ZA11 -052
MEETING DATE10120/2011 6:30:00 PM
Sloane, Loren K Etux Marina
1417 Bay Meadows Dr
Southlake Tx, 76092
43807 B 18
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC NEARING.
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 Concept Plan referenced above.
Space for comments regarding your position:
Signature:
Date: /
Additional Signature: Date: Yo - Vj
Printed Name(s):
Must be property owner {s) whose names) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional): r -, J r gar, 7
Case No. Attachment E
ZA11 -052 Page 5
From:
Sent: Tuesday, October 18, 2011 11:32 AM
To: rschell @ci.southlake.tx.us
Subject: Property under construction as we discussed behind our home add: below
Glenn D. & Laura Means
(Homeowners) 1421 Bay Meadows Drive
Southlake, Texas 76092
Neighborhood - Triple C Ranch - Corner of Bay Meadows Drive & Golden Gate
in regard to hearing we discussed with Jim /James Palazzo & Carol Palazzo
(Newly puncoased under major construction property) current address to eventually be changed
now listed as: 1931 N. Carroll Avenue
Southlake, Texas 76092
RE: Outstanding Issues of Concern to Us
October 17, 2011
Dear Mr. Schell,
City of Southlake Planner 2,
City Coucil Members &
City Court Members:
thank Mr. Richard Schell for taking the time to speak with me last week on the phone and to further explain the current
situation(s) with the newly purchased acreage directly behind our home, the regulations in place, ordinances, agricultural
parcei(s), and our rights., as well as distributing this email to all parties in hearing and involved in the meetings to follow
regarding these items. I recognize how valuable your time is and hope you understand that with how quickly much of this
has moved ahead it has been a bit confusing.
As I mentioned, my husband and I did meet with both Mr. & Mrs. Palazzo who appear to be lovely people and we do want
to work with them so that they achieve their dream home.
That being said, we are happily established here and also must look ahead at the future of when we do choose to sell our
home, thus taking all pertinent items into consideration.
As l did also mention to you I did speak with Jim Palazzo about some of my concerns, however with what we have knew
and have since learned we must take a prudent stance to ensure our financial investment in our home, our current
lifestyle which is naturally altered by the large trucks moving through a small driveway on what is known as part as our
property as I understand it (and please do correct me if I am wrong) but the easement must be moved to the left and
should not have been in the place where it has been this past five (5 years).
More importantly:
We have two dogs who are obviously not at all accustomed to horses. Neither take well to change of that nature,
Additionally, The Palazzo's generously showed us sketches /blueprints of where the barn and house will stand and we
again later discussed our concerns. The barn I am told will be placed where the current structured house /adjacent metal
buildings stand, but will have an appealing look. The doors will open to the barn both North and South. Regardless, that
is only 81 ft. from our back fence which to my understanding (unless I am incorrect) is not in compliance., as it it to close
to my property. We adore horses as well, however with my dogs, the smell of the horses, etc.... I do not feel this is in our
best interest for our lifestyle nor for resale of our home. I understand they do have a lot of approximately five acres so
assume their is quite enough room to place the barn where it is not intrusive to what I have mentioned. Graciously again,
Mr. Palazzo did say, he would be willing to either tree, or shrub the back fence when I spoke of a stone wall, as dogs see
straight through shrubs and trees, but regardless I do believe 81 ft. is out of compliance which would therefore make it a
mute point and it would then need to be placed in another area of their property and I am sure look just as beautiful.
We want to be very good neighbors, however, their tree surgeons have often begun work on weekends at 7:30 am, and
the disturbance of the land is killing the trees in my lot and surround lot that was put in within the past two years which is
going to be quite costly. Their was not a permit posted of when this was beginning which did not give us any time to speak
with our tree and landscape personnel to see what could be done to preserve the many thousands of dollars we invested
in the past few years in this area.
Case No. Attachment E
ZA11 -052 Page 6
Again, I want to stress that the Palazzo's are lovely people and we want to work with them, however this endeavor has a
major effect on us as we are directly abutted to that property. If you feel a private pre- meeting is in order on Thursday
with the powers that be I am willing to attend, as my night vision is not always the best. I am reachable at 817 - 791 -5139,
but would need to be contacted by Wednesday at 3:45 to reschedule other appointments.
In closing I do wish to add that Jim did say that perhaps he would put up a 3 ft. stone fence and then shrubs or trees, but
none of this could be decided until everything was built out. Unfortunately, that does not work for us, as without an
architectural plan, along with the barn being within the proper distance of our property I do feel that it puts us in a deficit
position both for our lifestyle and from a resale perspective, or at the very least a very pleasing looking seven agreed upon
stone, concrete or other non see through fence that would also help (perhaps) with the smell from 2 -3 currently stated
horses directly behind our home., and as a disturbance to our dogs who will then be consistently barking which will lead to
another issue for us to deal with.
Please do let me know if a pre- meeting would be the best idea, I believe we are all reasonable people, and it is just a
question of working out the requirements and the regulations of Southlake.
Very truly yours,
nn Means
Case No. Attachment E
ZA11 -052 Page 7
Notification Response Form
ZA11 -052
MEETING DATE10 /20/2011 6:30:00 PM
Phelps, Thomas Etux Carolyn S
1860 Hunters Creek Dr
Southlake Tx, 76092
20785 1 11
Direct questions and mail responses to:
City of Southlake
Planning & Development Services
Notification Response
1400 Main St; Ste 310
Southlake, TX 76092
Phone: (817)748 -8621
Fax: (817)748 -8077
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX 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 undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
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Signature:
Date:
Additional Signature: o m %l'te� Date: j Q - /
Printed Name(s): foma' ounlwy] 2�1�- o
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA11 -052 Page 8
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -611
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
4D AND 4D1, FRANCIS THROOP SURVEY, ABSTRACT NO. 1511,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 4.96 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -2" 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
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
Case No. Attachment F
ZA11 -052 Page 1
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
Case No. Attachment F
ZA11 -052 Page 2
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over - crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511,
City of Southlake, Tarrant County, Texas, being approximately 4.96 acres, and more
fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -2"
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit "B ", and subject to the following
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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.
SECTION 5.
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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
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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 1 st reading the day of , 2011.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2 nd reading the day of , 2011.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
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EXHIBIT "A"
Being described as Tracts 4D and 4D1, Francis Throop Survey, Abstract No. 1511, City of
Southlake, Tarrant County, Texas and more fully and completely described below:
Pl{0pa7'l jx�sc�r j oar
Being a tract of land situated in the Frances Throop Survey. Aflatract Number 1511• City of
Southlake, Tarrant County, Texas and being all of that certain tract of land described to
Jackie Paul Wbal-e and wife, IA Fan White by instrument recorded in Volume 5179, f ege 254,
Deed Recorda of Tarrant County, Texas (DRTCT), and the remainder of Haut certain tract of
land described to Jaclae Paw White and ►rife, La Fon lfhite by Instrument recorded fn
Volume 5811, Page 859, DUCT and all of that certain tract of land described to Bradley Joel
11wminit and wife, Ciady Hay Hain.mit by instrument recorded in Volume 7640, Page 1940,
DRT'GT, said tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 -inch iron rod set with plastic cap stamped "Dowdy' at the conunon
eouttiwest corner of said While tract recorded in 5179/259 and an inner eii sorrier of Lot
lb, Block B. Triple C Ranch. Phase 1, an addition to the City of Southlake as recorded in
Cabinet A, Slide 7971, Plat Records of Tarrant County, Texas (PRTCT).
THENCE North 18'05'40" East, along the common westerly line of said White tract recorded
in 5/78/251) and the easterly line of said Triple C Ranch, at distance of 232.85 feet paaaiiig
a 1/2 -inch iron rod found for the common northwest corner of said White tract recorded
in 5178/259 and the southwest corner of said White tract recorded in 5811/859 and
continuing along the westerly line of acid White tract recorded in 5611/859 and said
easterly line of Triple C Ranch at a distance of 900.45 feet passing a 5/8 -inch iron rod
found for the southwest "Mer of said Hammit tract and cantruudng along the common
eesterly line of said Hamrnit tract, the westerly line of said White tract recorded in
5611/659 and said easterly line of Triple C Ranch a total dihtence of 951.45 feet to a
5/8 - inch iron rod found for the common northwest corner of said Hammit tract and the
northeast corner of Lot 20 in maid Block 13 of Triple C Ranch, from which ■ 1 /2 -ineb iron
rod found capped "PSI" bears Nortb 00'12'38" East, a distance of 0.34 feet;
THENCE South 841'55'30" East, along the common aurtlicrly line of said Hammit tract and
the northerly line of said White tract recorded in 5911/859, a distance of 21.23 feet to a
bola d' arc stake found at an angle point in the northerly line of said Hammit tract and
said White tract recorded in 5611/859;
THENCE south 55'48'00" East, continuing along said cotnmon northerly lime of the Ilarnmit
tract end the White tract recorded in 5811/858, a distance of 334,BB feet to a dead 28 - ench
post oak tree for the common northeast corner of said White tract recorded in 5611JB59
and an angle point in the westerly line of the certain tract of land described to Luther A.
Hillman by instrument recorded in lnstrument Number D206350935, 9RTCT;
THENCE South 02 West, along the common easterly lines of said White tracts recorded
in 5611/650 and 5179/259 and the westerly line of said Lutlrcr tract, at a distance of
198.57 feat passing a 1/2 -inch iron rod found and continuing a total distance of 431.46
feet t0 a 5/8 -Inch iron rod with plartir cap stamped "Dowdy" set At the camrgog anirthLUbt
corner of said White tract recorded in 5179/259 and the southwest corner of said Luther
tract, said iron rod act being in the northerly line of Lot 11, Block t, Hunter's Ridge, an
addition to the City of Southlake as recorded in Volume 388 -134, Page 18, PRTCT;
THENCE South 89'39'30" West, along the common southerly line of said White tract recorded
in 5178/259 and northerly line or eaid Hunter's Ridge. a distance of 283.35 feet (deed call
283.9 feet) to ■ concrete monument found for the common northwest corner of said
Hunter's Ridge and the easternmost northeast corner of the aforementioned loot 16, Block B,
Triple C Ranch;
THENCE South 09`55'20' West, a distance of 198.37 feet ( deed call 198.8 feet) to the POINT
OF BEGINNING and CONTAINING 216,060 square feet or 4.960 acres of land area of land, more
or leg&
NOTE; BASIS Or 6EAR1NG5 fOR ) "IS SuRVEr rROL
DATA PROVIDED BY 5179/758.
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EXHIBIT "B"
Reserved for approved Development Plan
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