Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
January 11, 2012
CASE NO:ZA11-061
PROJECT:Zoning Change and Development Plan for Winding Creek
EXECUTIVE
SUMMARY:
Terra Land Management is requesting approval of a zoning change and development
plan on property described as Tracts 4, 4D01, 4E, 4E01, 4F and portions of Tracts 4D
and 4G, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant
County, Texas and currently addressed as 400, 430, 450, 480, 500 and 540, S. Carroll
Ave. and 1001 E. Southlake Blvd., Southlake, Texas. Current Zoning: AG – Agricultural
District. Requested Zoning: R-PUD – Residential Planned Unit Development District.
SPIN Neighborhood # 7.
REQUEST:
Terra Land Management is requesting approval of a zoning change and development
plan from “AG” Agricultural District to “R-PUD” Residential Planned Unit Development
District to develop 74 residential lots on approximately 46.65 acres.
The applicant’s responses to the City Council conditions of approval at first reading on
January 3, 2012 are as follows:
st
Council Condition of Approval at 1 Applicant’s Response
Reading
Funds for the Zena Rucker portion of the The applicant has agreed to this condition.
property that abuts the north side will be
placed in escrow by month 36 for its
portion of the right-of-way acquisition for
completion of that roadway.
There will be appropriate roundabout The development plan has been revised to
dedication for the Zena Rucker show the roundabout dedication and the
roundabout located at the northwest plat will be revised accordingly.
corner of the property.
Fencing on the northwest corner will be The development plan has been revised to
comprised of wrought iron with cedar show the fencing as requested.
slats along the western boundary for Lots
1, 2 and 3; as indicated in the site plan
summary there is a stone fence that is
along Zena Rucker Road and then
beginning along the two-acre “notch out”
in the northeast corner of the parkway
continuing with the same cedar and
wrought iron fencing (Lots 5-12).
Applicant is to keep the existing stone The applicant has agreed to this condition.
Case No.
ZA11-061
walls and hardscaping in place and also
inspect the same for safety to determine
any needed repairs going forward in the
development.
The trail at the southwest corner of the The applicant has agreed to this condition.
property that is shown to connect into the
adjacent property to the west is proposed
to stop at the existing street and funds
are to be escrowed for the remaining
portion in the event it is developed in the
future.
The applicant will come forward at the Details of the primary entrances will be
nd
public hearing with more detail on the presented at 2 reading.
primary entrances.
Show more landscaping detail for the Details of the landscaping buffer will be
nd
buffer along the southeastern portion of presented at 2 reading.
the property between Carroll and the
proposed street.
The applicant’s representation for Details of the garage locations will be
nd
garages facing the street would be presented at 2 reading.
behind the primary building line and
applicant will provide clarification and
location of such garages at the next
meeting.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd reading approval of a zoning change and development plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) SPIN Report dated October 17, 2011
(E) Development Plan Review Summary No. 4, dated January 11, 2012
(F) Surrounding Property Owners Map and Responses
(G) Ordinance No. 480-614
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (748-8067)
Richard Schell (748-8602)
Case No.
ZA11-061
BACKGROUND INFORMATION
OWNER/
APPLICANT:
Terra Land Management, Inc.
PROPERTY SITUATION:
Generally located south of E. Southlake Blvd. and west of S. Carroll Ave. at
400, 430, 450, 480, 500 and 540, S. Carroll Ave. and 1001 E. Southlake Blvd.
LEGAL DESCRIPTION:
Tracts 4, 4D01, 4E, 4E01, 4F and portions of Tracts 4D and 4G, Obediah W.
Knight Survey, Abstract No. 899
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“AG Agricultural District
REQUESTED ZONING:
“R-PUD” Residential Planned Unit Development District
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends S. Carroll Ave. to be a four lane
divided arterial with eighty-eight (88) feet of right-of-way and the future Zena
Rucker Rd. to be a two lane collector with sixty (60) feet of right of way.
Adequate right of way is shown to be dedicated on the plan for S. Carroll Ave.
The southern right of way line for the future Zena Rucker Rd. is the northern
property line for this development. The applicant has agreed to construct the
portion of Zena Rucker Rd. adjacent to the Winding Creek development when
the internal road within the development is extended to Zena Rucker with
Phase II of the development if that portion of Zena Rucker has not already
been constructed as part of the development of the properties to the north.
Construction of the proposed eight (8) foot multi-use trail will be required with
construction of Zena Rucker Rd.
Existing Area Road Network and Conditions
The approved concept plan proposes that the site will have two (2) accesses
directly onto S. Carroll Ave. and one access onto the future Zena Rucker Rd.
The Zena Rucker connection will not be constructed until Phase II of the
development is underway.
PATHWAYS
MASTER PLAN:
The Pathways Master Plan shows a planned eight (8) foot plus, multi-use trail
along the west side of S. Carroll Ave. and a proposed eight (8) foot, multi-use
trail along the future extension of Zena Rucker Rd. from Byron Nelson Parkway
to S. Carroll Ave. The eight (8) foot multi-use trail along the west side of S.
Carroll Ave. is shown on the proposed development plan. The proposed eight
(8) foot trail along the future Zena Rucker Rd. will be provided at the time that
portion of the road is constructed. An eight (8) foot plus , multi-use trail is also
proposed from S. Carroll Ave. through the property to connect with the Zena
Rucker property to the west. An on-street bikeway is planned on S. Carroll Ave.
WATER & SEWER:
A 12-inch water line and a 10-inch sewer line exist in S. Carroll Ave. to serve
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the property.
DRAINAGE:
The drainage from this development is generally to the south and southwest.
TREE PRESERVATION:
The proposed Tree Conservation Analysis is attached. The Development Plan
Review Summary includes a comment to provide additional information on the
analysis to include, at a minimum, the approximate area of the trees to be
preserved and the percentage of existing tree cover to be preserved.
SOUTHLAKE 2030
PLAN: Carroll/1709 Small Area Plan Recommendations
The Carroll/1709 Small Area Plan was approved by City Council on September 20, 2011. The
following recommendations are relevant to the medium density cluster residential area designated
on the Illustrative Recommendations Map (below chart).
Ref. Issue Recommendation
No.
LU3 1. Land use designation Medium Retain the Medium Density Residential
Density Residential designation for the area south of Zena
Rucker Road
2. Considerable amount of area
dedicated to floodplain and other Encourage “cluster” residential
water featuresdevelopment
Preserve heavily wooded areas, especially
within drainage areas and floodplain
E2 1. Environmental stewardship and Encourage water reuse for irrigation
innovation in green building
Encourage green building design practices
2. Reserved open space/landscape
areas require heavy irrigation Preserve and enhance existing ponds
3. On‐site drainage detention facilities Reflect the desired preservation on the
Carroll/1709 Small Area Illustrative Map
on the Environmental Resource
Protection map
M1 1. Desire to decrease dependence on Development should be pedestrian
the automobile for everyday needs oriented, emphasizing pedestrian
connectivity in any residential areas.
Two schools, shopping and offices
2.
all within close proximity of the site Provide passive trails through preserved
natural areas which also provide
connectivity to the sidewalk system
M2 1. Round‐a‐bout approved at Consider a roundabout at the
intersection of “Plaza Drive” and intersection of Rucker and the
Zena Rucker Road north‐south connector
M3 1. Create a vibrant and appealing Provide curvilinear streets
streetscape along the area’s local
streets Provide street trees between the
sidewalk and the street curb
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Ref. Issue Recommendation
No.
M4 1. A landscaped parkway concept with Consider the creation of a new 60’ ROW
minimal pavement is desired for 2‐ lane divided collector (C2D) with
Zena Rucker Road medians and left‐turn/stacking lanes at
intersections in the Mobility Plan to apply
2. Landscaped medians preferred to Zena Rucker Road
3. No on‐street, parallel parking is “Urban” cross section which includes
desired curb, gutters, medians, street trees and
sidewalks.
Speed limit not to exceed 30 m.p.h.
Design as a local slow movement
roadway.
U2 1. Appropriately buffer and screen Recommend a parkway buffer and street
residential south of Zena Rucker trees adjacent to Rucker Road.
Road from any non‐residential uses
to the north side of Zena Rucker
Road
Carroll/1709 Small Area Plan Illustrative Recommendations Map
Case No. Attachment A
ZA11-061 Page 1
PLANNING AND ZONING
COMMISSION ACTION:
December 8, 2011;Approved (5-0), noting the applicant’s willingness to put up
an eight (8) foot board on board fence along the west property boundary at the
onset of the development of the project and subject to Development Plan
Review Summary No. 2 dated December 1, 2011.
CITY COUNCIL ACTION:
January 3, 2012;Approved (7-0), subject to the following stipulations: funds for
the Zena Rucker portion of the property that abuts the north side will be placed
in escrow by month 36 for its portion of the right-of-way acquisition for
completion of that roadway; there will be appropriate roundabout dedication for
the Zena Rucker roundabout located at the northwest corner of the property;
fencing on the northwest corner will be comprised of wrought iron with cedar
slats along the western boundary for Lots 1, 2 and 3; as indicated in the site
plan summary there is a stone fence that is along Zena Rucker Road and then
beginning along the two-acre “notch out” in the northeast corner of the parkway
continuing with the same cedar and wrought iron fencing (Lots 5-12); applicant
to keep the existing stone walls and hardscaping in place and also inspect the
same for safety to determine any needed repairs going forward in the
development; the southwest corner of the property for the indicated trail plan
into the adjacent property located to the west is proposed to stop at the
existing street and funds to be escrowed for the remaining portion to the
property located to the southwest in the event it is developed in the future;
applicant will come forward at the public hearing with more detail on the
primary entrances—along the north side of the property at Zena Rucker,
primary entrance along Carroll and secondary entrance along the south portion
of Carroll; show more landscaping detail for the buffer along the southeastern
portion of the property between Carroll and the proposed street; applicant’s
representation for garages facing the street would be behind the primary
building line and applicant will provide clarification and location of such garages
at the next meeting; and subject to the development plan review summary No.
3, dated December 27, 2011.
STAFF COMMENTS:
Development Plan Review Summary No. 4, dated January 11, 2012 is
attached.
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Case No. Attachment B
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Case No. Attachment C
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ST
DEVELOPMENT PLAN PRESENTED AT 1 READING JAN. 3, 2012
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ND
DEVELOPMENT PLAN PRESENTED AT 2 READING JAN. 17, 2012
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Case No. Attachment D
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Case No. Attachment D
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA11-061Four01/11/12
Case No.: Review No.: Date of Review:
Development Plan
Project Name: – Winding Creek
APPLICANT: Paul Spain PLANNER: Curtis Young
Terra land Management, Inc. Sage Group, Inc.
395 W. Northwest Parkway, Ste. 300 1130 N. Carroll Ave. Ste. 200
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 410-9201 Phone: (817) 424-2626
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
01/10/12 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 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Show the right of way dedication for the roundabout planned for the future intersection of Zena
Rucker Rd. and Plaza Dr. on all plans.
2. In the L.U.D./Zoning section, change the existing zoning from “S-P-2” and “AG” to “AG” only.
* The applicant has agreed to construct the portion of Zena Rucker Rd. adjacent to the Winding
Creek development when the internal road within the development is extended to Zena Rucker
with Phase II of the development if that portion of Zena Rucker has not already been constructed
as part of the development of the properties to the north. Construction of the proposed eight (8)
foot multi-use trail will be required with the construction of Zena Rucker Rd.
* Pedestrian access easements will be required in the locations of the trails and sidewalks where
they cross private property. The four (4) foot sidewalks are required to be located at least two feet
from the back of curb and only five (5) feet is shown between the curb and right of way on the
“Typical Section 40’ R.O.W.” Exhibit shown on the preliminary plat. Pedestrian access easements
for the trails should be wider than the proposed trail width to allow flexibility in the placement of the
trails.
Case No. Attachment E
ZA11-061 Page 1
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1.
The criteria for Council approval of a Tree Conservation Analysis in Tree Preservation Ordinance 585-
D, Section 7.2(b) is as follows:
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the approved
Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved
by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities,
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
Case No. Attachment E
ZA11-061 Page 2
Public Works/Engineering Review
Steve Anderson, P.E. CFM
Civil Engineer
(817) 748-8101
sanderson@ci.southlake.tx.us
GENERAL COMMENTS:
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.
* Use the City of Southlake GPS monuments whenever possible.
PLAT COMMENTS:
* Water meters and fire hydrants shall be located in an easement or in the ROW.
* All sewer lines in easements or ROW must be constructed to City standards
WATER AND SANITARY SEWER COMMENTS:
* Water meters and fire hydrants shall be located in an easement or in the ROW.
* The fire line shall be separate from the service lines.
* One meter per service line.
* All sewer lines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. Please review the drainage patterns in Block 4 of the Plat. There could be future lot-to-lot drainage
issues. A detailed grading plan submitted with the engineering plans needs to show how the drainage
is going to work without negative impacts from lot to lot.
2. Drainage Date Tables need a row for B-4.16
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to
beginning construction. (Structure 18)
* The drainage from this development is generally to the south and southwest.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit 4 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.
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082
to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement will be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
Case No. Attachment E
ZA11-061 Page 3
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.
Fire Marshal Review
David Barnes
FireMarshal
(817) 748-8233
dbarnes@ci.southlake.tx.us
GENERAL COMMENTS:
* Subdivision street names to be approved by city prior to final plat. Submit proposed names and
alternate names as soon as possible.
FIRE LANE COMMENTS:
1. Fire apparatus access needs to be provided to within 150 feet of all exterior portions of the
perimeter of buildings on a “hose-lay” basis. Fire apparatus access, if necessary, needs to be all
weather surface (asphalt or concrete) 24 feet wide and able to support fire apparatus.
2. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire
apparatus (minimum of 75,000 lbs GVW).
3. Fire lanes require minimum 30 ft. inside turn radius and minimum 54 ft. outside turn radius. (per
2006 I.F.C. Sec. 503.2.4 as amended and policy dated 05-27-93 and updated 07-18-97)
Dimension turn radii on site plan.
4. Streets that are to be dead-end until the next phase of construction need to be provided with an
approved turn-around for fire apparatus if the dead-end is more than 150 feet long.
5. Fire Apparatus Access Roads: Developments of one-or two family dwellings where the number of
dwelling units exceeds 30 shall be provided with separate and approved fire apparatus access
roads and shall met the requirement of Section D104.3.
6. D104.3 Remoteness Where two access roads are required they shall be placed a distance apart
equal to not less than one half of the length of the maximum overall diagonal dimension of the
property or area to be served, measured in a straight line between accesses.
FIRE HYDRANT COMMENTS:
Hydrants are to have Hydra-Storz connections with butterfly vanes (or equivalent) on pumper
outlet for five-inch diameter hose.
1. Hydrants are required at maximum spacing R-3 and U Occupancies 400 feet unsprinklered 600
feet sprinklered. All others 300 feet unsprinklered and 600 feet sprinklered. Hydrants are required
at intersecting streets and at intermediate locations between as prescribed above, measured as
the hose would be laid.
INFORMATIONAL COMMENTS:
Case No. Attachment E
ZA11-061 Page 4
* All construction plans to be submitted for a building permit must conform to the edition of the
International Fire Code currently amended and adopted.
* All commercial buildings are required to have Knox rapid entry system boxes installed. (per 2006
I.F.C. Sec. 506.1 as adopted) Boxes can be ordered at www.knoxbox.com or contact the Fire
Marshal’s Office. FDC connections must have a Knox Locking Cap.
* Denotes informational comment.
General Informational Comments:
* No review of proposed signs is intended with this site plan. A separate building permit is required
prior to construction of any signs.
* 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.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
* 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 development 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 E
ZA11-061 Page 5
SURROUNDING PROPERTY OWNERS
WINDING CREEK
SPO # Owner Zoning Land Use AcreagResponse
e
Zimmer, Michael R SF20A Medium Density Residential 1.37
1. NR
Stone, Jerri H Etvir Ted SF20A Medium Density Residential 0.54
2. NR
Carlisle, Caroline Etvir James SF20A Medium Density Residential 0.56
3. NR
Tsay, Bing Etux Nancy SF20A Medium Density Residential 0.53
4. NR
Hollingsworth, Gary Etux Judy SF20A Medium Density Residential 0.62
5. NR
Parks, Kyle C SF20A Medium Density Residential 0.53
6. NR
Po-Yu Chuang & Wei Lu Chuang SF20A Medium Density Residential 0.58
7. NR
Lakes La Paloma Res Assoc Inc SF20A Medium Density Residential 0.92
8. NR
Sl Oak Tree Est Homeownr Assn SF20B Medium Density Residential 3.26
9. U
Ali, Zulfiqar Etux Samreen Ali SF20B Medium Density Residential 0.57
10. NR
Hickman, Mark Etux Christine SF20B Medium Density Residential 0.48
11. NR
Keeter, Neil P Etux Denise N SF20B Medium Density Residential 0.46
12. NR
Duyka, Samuel L Etux Sherri L SF20B Medium Density Residential 0.46
13. NR
Kotter, Mark A Etux Mary J SF20B Medium Density Residential 0.69
14. O
Regalado, Delmy A Etvir Ronald SF20B Medium Density Residential 0.60
15. NR
Versailles Homeowner's Assoc RPUD Medium Density Residential 0.42
16. NR
Keeter, Charles Etux Patricia RPUD Medium Density Residential 0.35
17. NR
Bush, John R Jr RPUD Medium Density Residential 0.45
18. NR
Wyman, Lee Grey Etux Kirsten W RPUD Medium Density Residential 0.52
19. NR
Case No. Attachment F
ZA11-061 Page 1
Versailles Homeowners Assoc SF20B Medium Density Residential 0.80
20. NR
Osterberg, Randall Etux Tobin SF20B Medium Density Residential 0.58
21. NR
Romero, Richard Daniel SF20B Medium Density Residential 0.54
22. NR
Thorn, Gregory M Etux Carol A SF20B Medium Density Residential 0.47
23. NR
Smith, Jeffrey S Etux Sammie M SF20B Medium Density Residential 0.47
24. NR
Jameson, David Etux Sandra SF20B Medium Density Residential 0.54
25. NR
Winter, Robert H & Jennifer W SF20B Medium Density Residential 0.49
26. NR
Medium Density Residential, 100-Year
27. O
Rucker, Zena Sullivan Tr AG Flood Plain 50.45
Office Commercial, Medium Density
28. NR
Vision SW Silverlake Llc SP1 Residential 4.22
Office Commercial, Medium Density
29. O
Rucker, Zena Sullivan Tr AG Residential 4.24
Rucker, Zena Sullivan AG Medium Density Residential 1.51
30. O
Prade, C A Jr Est Etal AG Medium Density Residential 0.16
31. NR
Office Commercial, Medium Density
32. F
Prade, C A Jr Est & Anita Est AG Residential 15.42
Rcp Southlake Blvd #2, Ltd AG Medium Density Residential 4.81
33. F
Prade, C A Jr Est & Anita Est AG Medium Density Residential 17.41
34. F
Rcp Southlake Blvd #2, Ltd AG Medium Density Residential 1.74
35. F
Prade, C A Jr Est Etal AG Medium Density Residential 13.00
36. NR
Office Commercial, Medium Density
37. F
Rcp Southlake Blvd #2, Ltd SP2 Residential 16.34
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment F
ZA11-061 Page 2
SURROUNDING PROPERTY OWNER RESPONSES
Winding Creek
Notices Sent:
Thirty-seven (37)
Responses Received:
Five (5)
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-614
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 4,
4D01, 4E, 4E01, 4F AND PORTIONS OF TRACTS 4D AND 4G,
OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 46.65 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE
APPROVED DEVELOPMENT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
Case No. Attachment G
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WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
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
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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:
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Being described as Tracts 4, 4D01, 4E, 4E01, 4F and portions of Tracts 4D and 4G,
Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County,
Texas, being approximately 46.65 acres, and more fully and completely described in
Exhibit “A” from “AG” Agricultural District to “R-PUD” Residential Planned Unit
Development District as depicted on the approved Development Plan attached
hereto and incorporated herein as Exhibit “B”, and subject to the following 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
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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
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
Case No. Attachment G
ZA11-061 Page 5
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.
st
PASSED AND APPROVED on the 1 reading the 3rd day of January, 2012.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the _____ day of _______, 2012.
________________________________
MAYOR
ATTEST:
Case No. Attachment G
ZA11-061 Page 6
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Reserved for metes and bounds description
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EXHIBIT “B”
Reserved for approved Development Plan
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