Item 7A13 CITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
May 29, 2013
CASE NO: ZA13-038
PROJECT: Zoning Change and Development Plan for 1700 Shady Oaks Drive
EXECUTIVE
SUMMARY: On behalf of Lois Melbourne, Venetian homes is requesting approval of a zoning
change and development plan from "AG" Agricultural District to an approximately
4.8 acre single lot "R-PUD" Residential Planned Unit Development District on
property described as Tract 2D, T.M. Hood Survey, Abstract No. 706, Southlake,
Tarrant County, Texas and located at 1700 Shady Oaks Drive, Southlake, Texas.
SPIN Neighborhood # 5.
REQUEST: The applicant is requesting approval of a zoning change and development plan
from "AG" Agricultural District to an approximately 4.8 acre single lot "R-PUD"
Residential Planned Unit Development District zoning following the "SF-2" Single
Family Residential District uses and regulations with the following exceptions:
1) Allow the accessory structures shown to remain to be forward of the
principle residence as noted in the zoning document and exhibits in
Attachment `C';
2) Allow accessory building `C' noted in the zoning document and exhibits in
Attachment `C' to be used as an accessory Family Servants Living
Quarters.
The purpose of the proposed "R-PUD" request rather than a "SF-2" single family
residential district, is to allow 3 of the 5 existing accessory buildings to remain in
the current locations and continue their current use on the property. With
placement of the new home, these structures will be forward of the principal
residence which is not permitted in a standard residential zoning district.
Additionally, one the structures is an original frame cottage that the owners wish to
fully restore and use as a family/servants quarters. The R-PUD zoning allows both
issues to be addressed as part of the zoning request rather than by multiple
applications. The existing principal residence on the property is to be removed
upon completion of the new residence. There is an existing residence on the
property which is intended to be removed upon completion of the new residence.
ACTION NEEDED: Consider 1st reading approval of a zoning change and development plan
Case No.
ZA13-038
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Development Plan Review Summary No. 2, dated May 16, 2013
(E) Surrounding Property Owners Map and Responses
(F) Ordinance 480-639
STAFF CONTACT: Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No.
ZA13-038
BACKGROUND INFORMATION
OWNER: Lois Melbourne
APPLICANT: Venetian homes
PROPERTY SITUATION: 1700 Shady Oaks Drive
LEGAL DESCRIPTION: Tract 2D, T.M. Hood Survey, Abstract No. 706
LAND USE CATEGORY: Low Density Residential and 100-Year Flood Plane
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District
CITIZEN INPUT: The SPIN #5 representative determined a SPIN meeting would not be
necessary.
CONSOLIDATED FUTURE
LAND USE PLAN: The underlying land use designation for this property is "Low Density
Residential." The proposed change is consistent with the requirements of
the "Low Density Residential" designation.
PATHWAYS MASTER
PLAN& SIDEWALK PLAN: The Master Pathways Plan shows an 8' multi -use trail planned along the
east side of Shady Oaks Drive and a proposed on -street bikeway on Shady
Oaks Drive. The property is exempt from providing a sidewalk along Shady
Oaks Dr. since it meets the exemption criteria for lots being platted as a
single lot of record. Lots platted as a single lot of record must only provide
sidewalks if sidewalks exist on both sides of the lot or if the lot is within
1,500 feet of a public or private school on the same side of the street. It is
required that this lot will be platted prior to issuance of building permits. A
plat showing application is currently in process.
TREE PRESERVATION: The Tree Preservation Ordinance requires that 60% of the existing tree
coverage be preserved. The Tree Preservation Plan (combined with the
Development Plan) shows one (1) tree to be removed, which meets the
requirements of the Tree Preservation Ordinance.
PLANNNIG AND ZONING
COMMISSION ACTION: May 23, 2013; Approved (4-0) subject to Development Review Summary
No. 2, dated May 16, 2013 and Staff Report dated May 17, 2013.
STAFF COMMENTS: Development Plan Review Summary No. 2, dated May 16, 2013 is
attached.
Case No. Attachment A
ZA13-038 Page 1
Vicinity Map
700 Shady Oaks Dr.
ZA13-038
Zoning Development Plan
N
P E
s 0
485
Shady Oaks.
970
1,940
� feet
Case No. Attachment B
ZA13-038 Page 1
1
PLANS & SUPPORT INFORMATION
ZONING REQUEST
Venetian Homes is requesting to re -zone this property from Agriculture to R-PUD with
SF-2 uses and regulations. The proposed property will be used for a single family
residence.
USE OFACCESSORY BUILDINGS
(see attached site plan for labeled buildings)
All accessory buildings shown to remain shall be permitted as shown on attached
development plan.
1. Accessory Building A: Existing one story metal building to be removed prior to
construction
2. Accessory Building B: Existing frame shed to be removed prior to construction
3. Accessory Building C: Existing one story frame to remain on the property for historical
reference. Updates will be done to uphold an appealing aesthetic and shall be
permitted as accessory family/servant quarters.
4. Accessory Building D: Existing one story frame to remain on the property and shall be
permitted as accessory storage.
5. Accessory Building E: Existing one story brick and frame to remain on the property
and shall be permitted as accessory garage space/storage.
Case No. Attachment C
ZA13-038 Page 1
Building Identification
324.7a
NO'60"U)
$3'E�&16"E
1-100 SNADY OAKS DRiVF
Case No. Attachment C
ZA13-038 Page 2
Tree Protection Plan
+ +
Ak
EXISTNG ONE STORY t'EUL
BALL NG TO BE REMOVED
PORt
. EXISTING SHED -ILT FLNGL
{ TOBEREMOVEP
GO -4 .
EXISTING 014E aTORYBRIGK
S AND FRAME TO BE REMOVED
LiF'ON COtIIPLETtON OF NEW `
vTRUC;TURE
+
rl'+
SILT FENCE +
-
++ ++ +
GATED TEMPORLRY
GONSTR{1GTION ENTRANCE
CONSTRUCTION SITE PLAN
Tree To Be Removed
Tree Protection Fence
Case No. Attachment C
ZA13-038 Page 3
Open Space Easement
32
\C, 6o L,
eonu (worst
R€e�PE�'GE
1
N
R "
ex15nNG
® POND
orl:� sracl:
�-.OPGiS SPAC73
EASEMENTT - Cpat located for tree
70,
.
Space AilOtated fur;. reset: ption and further
tree pia 4Py9Lton and y—AMdscapmg
ferthet landscaping
TIMM Square Footage of Property — 221,276.55
10 % of total square footage — 22,I27,655
Total Square Footage of Proposed Easement= 22,729
Peremtage = 10.27%
Fuwre Entry Gate and
5 3' 5,v 16E Wall Feature Fm Ease
1-100 5HADY OAKS DRIP of Entry
i SRE PLAM OPEN SPACE EASEMENT- TO HAVE. LANDSCAPF,AND TREE
��i3'-� PRESERVATION ONLY
NOiE:
LANDSCAPE PLAN TO 511PE115EDE
ALL NOTES REGARDING GRADING
Case No. Attachment C
ZA13-038 Page 4
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA13-038 Review No.: Two
Project Name: Zoning Development Plan — 1700 Shady Oaks Dr.
APPLICANT:
Venetian Homes
640 N. Carroll Ave. #120
Southlake, TX 76092
Phone: (817) 992-0504
Fax:
OWNER:
Lois Melbourne
1700 Shady Oaks Dr.
Southlake, TX 76092
Phone: (972) 880-5143
Fax:
Date of Review: 05/16/13
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/16/13 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 LORRIE FLETCHER AT (817) 748-8069 OR DENNIS KILLOUGH AT (817) 748-8072.
Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name,
existing zoning, and land use map designation ("L.U.D.= ")
2. Show and dimension the width of the R.O.W. (Shady Oaks Dr.) adjacent to the site.
3. Label the existing residence and note in the zoning document when it is to be removed.
4. Please confirm that building 'B' is to be removed. This appears to be a well pump house and
tank.
5. Show any significant easements or drainage ways on the development plan. There appears to
be a sanitary sewer easement along the north boundary and a floodplain are clipping the
northeast corner of the property. Please show and label both.
Informational Comments:
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.
Denotes Informational Comment
Case No. Attachment D
ZA13-038 Page 1
Case No. ZA13-038 Review No. 1 Dated: 04-10-2013 Number of Pages: 1
Project Name: Shady Oaks -Melbourne Residence
Contact: Kelly Clements, Assistant Fire Marshal Phone: 817-748-8233 Fax: 817-748-8181
The following comments are based on the review ofplans received on 04-05-2013. Comments maybe incorporated into the
formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMN VENTS:
Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per 2009
I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road,
Suite G260, Addison, Texas 75001. Phone 214-638-7599.
All residential fire sprinkler systems shall have an audible notification device on the inside and
outside of the structure, with the exterior device capable of being audible to a neighbor or from the
public street fronting the property.
FIRE LANE COMN VENTS:
Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter
of the residence on a "hose -lay" basis if un-sprinkled, and within 250 feet of all exterior portions
of sprinkled residences. Fire apparatus access needs to be an all-weather surface, asphalt or
concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A
minimum of 80,000 pounds GVW)
If fire apparatus access is required further than 150 feet from the public street, and approved turn-
around must be provided for fire apparatus. This approved turn -around must be placed at a point
where the apparatus will not be required to back-up more than 150 feet to turn around and exit the
property.
FIRE HYDRANT COMN VENTS:
The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be
laid, or an additional hydrant will be required.
Case No. Attachment D
ZA13-038 Page 2
Tree Conservation/Landscape Review
Case No. ZA13-038 Review No. One Dated: April 10, 2013 Number of Pages: 1
Project Name: Shady Oaks — 1700 Shad. Oaks Zoning Concept Plan)
Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713
The following comments are based on the review ofplans received on April 1, 2013 . Comments designated with a number
may be incorporated into the formal review to be considered by either the Planning and Zoning Commission or City Council.
Other items will not be addressed by either the P&Z or City Council. It is the applicant's responsibility to contact the
department representative shown above and make modifications as required by the comment.
TREE CONSERVATION COMMENTS:
1. It looks like there will be minimal tree removal for the proposed new construction but please
clearly delineate on the submitted Tree Conservation Plan which trees will be removed or altered
in order to construct the new house.
* 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.
* Indicates informational comment.
9 Indicates required items comment
Case No. Attachment D
ZA13-038 Page 3
Case No. ZA13-039 Review No. 1
Project Name: 1700 Shady Oaks
Contact: Traci Nielsen, Plans Examiner
Dated: 4/10/13 Number of Pages: 1
Phone:817-748-8218 Fax:817-748-8241
The following comments are based on the review ofplans received on. Comments maybe incorporated into the formal review
to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's responsibility to contact
the department representative shown above and make modifications as required by the comment.
Building code:
See below, possible lot coverage issues
Accessibility:
Must meet Texas Accessibility Standards
Lighting;
Must meet City Lighting Ordinance
Airport Overlay Zone:
Must meet Airport Overlay Zone
Comments:
Applied for building permit 2/22/13. Permit review comments were sent to applicant on 3/4/13. See
attached.
Case No. Attachment D
ZA13-038 Page 4
)3 CITY OF
UTH LA K
T EXAS
Building Permit Plan Review Summary Review No.: One Date: 3/4/13
Applicant: Lacey Whiting Phone: 817-768-2333 E-mail: lacey@vhdfw.com
Project:_ 1700 Shady Oaks Dr.
Contact: Traci Nielsen, Plans Examiner Phone: 817-748-8218 Fax: 817-748-8241 tnielsenCa�ci.south lake.tx.us
------------------------------------------------------------------------
------------------------------------------------------------------------
The following comments are based on the review of plans received on 02122113. Your application for a
permit is pending compliance with all city code requirements. Please acknowledge by letter or by
submitting corrected drawings where appropriate.
------------------------------------------------------------------------
------------------------------------------------------------------------
REVIEW COMMENTS:
Building Review Comments:
• Lot is not platted, no construction can be permitted or commence until lot is re -platted
(see Planning comments below).
• Please provide a total area (square footage) for all remaining accessory buildings after lot is
platted.
• This project is reviewed under the 2009 International Residential Code Plumbing Code,
Mechanical Code, Fire, Energy Conservation Code, and the 2008 National Electrical Code.
• Pool and associated cabana structure to both be permitted separately.
• Future Elevator: Elevator must comply with 2009 International Building Code standards as well
as State of Texas regulations.
attached). If elevator is not
permit is required.
Homeowner is required to fill out "Elevator Installers Affidavit" (see
to be installed during construction of new residence, a separate
• Form Board Survey is required to be submitted prior to inspection.
• Please refer to attached memo note #26 regarding carbon monoxide detectors.
• See also the attached memo titled Residential plan review.
• Contact me regarding any questions on the review or permitting procedures.
2. Planning Review Comments:
• In order to receive a building permit for a new residence, the property must be platted and
changed to a residential zoning district that will accommodate the lot size.
• Location of accessory buildings may require approval from Zoning Board of Adjustment.
Case No. Attachment D
ZA13-038 Page 5
• Please contact Matt Jones, Planner I, 817-748-8269 or Dennis Killough, Deputy Director of
Planning and Development, 817-748-8072 in regards to the platting and zoning process.
3. Fire Review Comments:
• An automatic fire sprinkler system will be required for residences over 6,000 square feet. (per
2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135
Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599.
• All residential fire sprinkler systems shall have an audible notification device on the inside
and outside of the structure, with the exterior device capable of being audible to a neighbor
or from the public street fronting the property.
• Fire apparatus access needs to be provided within 250 feet of all exterior portions of the
perimeter of the residence, measured as the hose would be laid. Fire apparatus access
needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able
to support the imposed loads of fire apparatus. (Minimum of 80,000 pounds GVW)
• Since fire apparatus access is required further than 150 feet from the public street, and
approved turn -around must be provided for fire apparatus. This approved turn -around must
be placed at a point where the apparatus will not be required to back-up more than 150 feet
to turn around and exit the property.
• The residence must be located within 1000 feet of a fire hydrant, measured as the hose
would be laid, or an additional hydrant will be required.
Case No. Attachment D
ZA13-038 Page 6
SURROUNDING PROPERTY OWNERS
11 N
9
27
14
13
12
11
10
17
15
4
6
18
$
3
T
2 19
1 20
SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Morris, Sandra J & Joseph J Jr
RPUD
Low Density Residential
1.03
NR
2.
Shafipour, Foad Etux Maneli
RPUD
Low Density Residential
1.02
NR
3.
Peddicord, M J
RPUD
Low Density Residential
0.98
NR
4.
Blomstrom, Brooke Etvir Robert
RPUD
Low Density Residential
0.92
NR
5.
Dehaven, Bruce L Etux Kathleen
RPUD
Low Density Residential
0.81
NR
6.
Miller, Delano M Etux Wendy R
SF20A
Medium Density Residential
0.64
NR
7.
Low Density Residential,
Boeck, Claudine Etvir Burton B
0.98
NR
SF20A
Medium Density Residential
8.
Wagner, John Etux Nancy
SF20A
Medium Density Residential
0.93
NR
9.
100-Year Flood Plain, Low
Allen, Benjamin T Etux Cynthia
1.01
NR
SF1-A
Density Residential
10.
Gonsalves, Anthony Etux Astrid
100-Year Flood Plain, Low
1.22
O
SF1-A
Density Residential
11.
100-Year Flood Plain, Low
Summy, Lloyd & Bobbye Records
0.98
NR
SF1-A
Density Residential
12.
Kraus, Gregory Etux Rhonda
SF1-A
Low Density Residential
1.06
F
13.
Rush, Brian Etux Erin E
SF1-A
Low Density Residential
1.08
NR
14.
Moyers, Dwayne
SF1-A
Low Density Residential
0.94
NR
15.
Griggs, John R Etux Sally
SF1-A
Low Density Residential
0.86
NR
16.
Low Density Residential,
Foster, Wayne Etux Elizabeth
1.07
NR
SF1-A
Medium Density Residential
17.
Office Commercial, Medium
Utley, J Michael Est & Rebecca
1.09
NR
AG
Density Residential
18.
100-Year Flood Plain, Low
Melbourne, Ross &Lois
4.84
NR
AG
Density Residential
19.
Davis, Joseph A Etux Judy
AG
Low Density Residential
3.23
NR
20.
Stairs, Benjamin H Etux Nan
AG
Low Density Residential
2.71
O
21.
Office Commercial, Medium
Shivers Family Partnership
21.53
NR
AG
Density Residential
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment E
ZA13-038 Page 1
Notices Sent: Twenty-one (21)
Responses Received: Three (3) - Attached
Notification Response Form
ZA7 3-038
Meeting Date: May 23, 2013 at 6:30 PM
Gonsalves, Anthony Etux Astrid
1740 Shady Oaks Dr
Southfake Tx, 76092
15040H 6R
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 Q=9
undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
PLC- ASC igCC A l T AC-4+C- 1 L-E— T Cam.
Signature: Date:
Additional Signature: LDate: A�� t�,aO13
Printed Name(s): _ANTiAoNI`( G0NSAf_\1CS -- /,,sTKi-D LoISo _
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One
Phone Number (optional):
1114y 16 2013
Case No. Attachment E
ZA13-038 Page 2
ANTHONY S. GONSALVES
ASTRiD i . LOBO
1740 Shadq Oaks Drive
Routhlake, TX 7609
May 16, 2013
City of Southlake
Planning & Development Services
Notification Response
1400 Main Street, Suite 310
Southlake, TX 76092
Re: Zoning Development Plan - ZA13-038
1700 Shady Oaks Drive. Southlake. TX
The requested R-PUD rezoning for the above address is at odds with Zoning for pre-
existing adjacent properties (zoned SF, AG, RE).(httc:/.www.cityofsouthlake.com/
index. aspx?NID-455 - Interactive City Maps)
Also, per the City of Southlake/Code of Ordinances/Zoning/Section 30 - Planned Unit
Development/30.3 {a, b, c, d), R-PUD zoning may accommodate townhouses,
apartments (or both); shopping or employment centers. (htto://library.municode.com/
index. as x&lientlD=12906&statelD=43&statenarne=Texas%29)
Such development would adversely alter the characteristics of the neighborhood, and
have obvious negative implications for the adjacent properties.
Because of the "worst case," in terms of the land uses permitted, we OPPOSE the
requested R-PUD rezoning for 1700 Shady Oaks Drive.
Sincerely,
4
IQ(6 2013
j D yl
Case No. Attachment E
ZA13-038 Page 3
Notification Response Form
ZA13-038
Meeting Date: May 23, 2013 at 6:30 PM
Stairs, Benjamin H Etux Nan
1600 Shady Oaks Dr
Southlake Tx, 76092
A 706 2J
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 to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
ME
5
� �cs OLD
V,0
Signature: s s Date: , 3
Additional Signature:. Date: S 13
Printed Name(s):
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the
ffPlanning Department. One form per property.
Phone Number (optional): ?j l ,l r L "l C) — �i
Case No. Attachment E
ZA13-038 Page 5
Notification Response Form
ZA13-038
Meeting Date: May 23, 2013 at 6:30 PM
Kraus, Gregory Etux Rhonda
596 Garden Ct
Southlake Tx, 76092
15040H 8
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 to undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
l G- J .
Signature: Date:
Additional Signature:
Printed Name(s): Cy, --4
Must be property owner(s) whose name(s) are
Phone Number (optional):
Date:
at top. Otherwise contact the Planning Department. One form per property.
Case No. Attachment E
ZA13-038 Page 6
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-639
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 TRACT 2D, T.M. HOOD SURVEY, ABSTRACT
NO. 706, SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 4.8 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,
WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural
District under the City's Comprehensive Zoning Ordinance; and,
Case No. Attachment F
ZA13-038 Page 1
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 and the general welfare; effect on light and air; effect on the
over -crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and,
Case No. Attachment F
ZA13-038 Page 2
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 Tract 2D, T.M. Hood Survey, Abstract No. 706, Southlake,
Tarrant County, Texas, being approximately 4.8 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:
Case No. Attachment F
ZA13-038 Page 3
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.
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
Case No. Attachment F
ZA13-038 Page 4
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 in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
Case No. Attachment F
ZA13-038 Page 5
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 , 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2►,d reading the day of , 2013.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
Case No. Attachment F
ZA13-038 Page 6
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA13-038 Page 7
EXHIBIT "A"
Being described as Tract 2D, T.M. Hood Survey, Abstract No. 706, Southlake, Tarrant County,
Texas, being approximately 4.8 acres.
Case No. Attachment F
ZA13-038 Page 8
EXHIBIT "B"
Reserved for approved development plan
Case No. Attachment F
ZA13-038 Page 1