13-032 RESOLUTION NO. 13 -032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS, GRANTING A SPECIFIC USE PERMIT FOR SINGLE FAMILY
RESIDENTIAL IN THE "DT" DOWNTOWN DISTRICT FOR SOUTHLAKE
TOWN SQUARE BROWNSTONES PHASE C ON PROPERTY WITHIN THE
CITY OF SOUTHLAKE, TEXAS, BEING DESCRIBED LOT 24R, LOTS 25 -34
AND A PORTION OF LOT 35, BLOCK 24, LOTS 1 -16 AND LOT 38, BLOCK
25, LOT 1, BLOCK 28, SOUTHLAKE TOWN SQUARE, BROWNSTONES AT
TOWN SQUARE, PHASE B, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS AND A PORTION OF TRACT 2A5E, RICHARD
EADS SURVEY, ABSTRACT NO. 481, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, AND GENERALLY LOCATED ALONG PARK RIDGE
BLVD. AND EAST OF CENTRAL AVE., SOUTHLAKE, TEXAS, MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A ", AND AS
DEPICTED ON THE APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B" AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, a Specific Use Permit for residential lofts in the Southlake Town Square "DT"
Downtown District has been requested by a person or corporation having a proprietary interest in the
property zoned as "DT" Downtown District; and,
WHEREAS, in accordance with the requirements of Section 37 and Section 45 of the City's
Comprehensive Zoning Ordinance, the Planning and Zoning Commission and the City Council have
given the requisite notices by publication and otherwise, and have afforded the persons interested and
situated in the affected area and in the vicinity thereof; and,
WHEREAS, the City Council does hereby find and determine that the granting of such Specific
Use Permit is in the best interest of the public health, safety, morals and general welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
A Specific Use Permit is hereby granted for single family residential in the "DT" Downtown District for
Southlake Town Square Brownstones Phase C on property described as Lot 24R, Lots 25 -34 and a
portion of Lot 35, Block 24, Lots 1 -16 and Lot 38, Block 25, Lot 1, Block 28, Southlake Town Square,
Brownstones at Town Square, Phase B, an addition to the City of Southlake, Tarrant County, Texas and
a portion of Tract 2A5E, Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County,
Texas, and generally located along Park Ridge Blvd. and east of Central Ave., Southlake, Texas, more
fully and completely described in Exhibit "A ", and as depicted on the approved Site Plan attached hereto
and incorporated herein as Exhibit "B" and providing an effective date, subject to the provisions
contained in the comprehensive zoning ordinance and the restrictions set forth herein. The following
specific requirements and special conditions shall be applicable to the granting of this Specific Use
Permit:
Resolution 13 -032 Page 1
1
Planning and Zoning recommending approval of the item (5-0) on August 8, 2013;
1. Subject to Revised Site Plan Review Summary No. 3 and Staff Report dated August 8, 2013,
2. Noting the applicant's willingness to work with Staff to have a traffic calming devise included
along Summit Avenue
3. Noting the applicant's willingness to landscape and irrigate the property north of Main if
construction does not begin within 12 months.
City Council approved the item (6 -1) on November 19, 2013;
1. Noting recommendation to include Option B, which is the lot combination plan pursuant to
tonight's presentation,
2. Recommending approval of Option A and Option B as included in the presentation for the Central
Avenue road alignment,
3. Approving the permitting process to be extended from six months to one year.
4. pursuant to Site Plan Review Summary No. 4, dated November 12, 2013:
a. Revise the open space area and percentage in the Site Data Summary Chart to match
the Open Space Exhibit (1.05 acres).
b. Correct the required visitor parking in the Site Data Summary Chart to 33 spaces (one
space per unit).
c. Revise the language in the narrative and on the concept plan to state that the Property
Owners Association will be responsible for maintenance of landscaping, irrigation and
open space areas.
d. Please note the following sections from Southlake Ordinance 880 -B moving forward with
platting and permitting of this project:
Sec. 9.5 -298. Subdivision of property burdened by pipeline.
(a) When one or more residential lots in a proposed subdivision are crossed or come
by or come within 100 feet of any existing oil or gas pipeline or pipeline easement, the
subdivider shall, prior to and as a condition of city approval of the subdivision, execute the
following waiver and hold harmless agreement, which shall be duly acknowledged in the
manner provided by law, and which shall thereafter be recorded in the appropriate deed or
other permanent county records:
"[Subdivider Name], by and through its duly undersigned and authorized officer, does
hereby state that it fully realizes that it is applying for a permit from the City of Southlake
to build within 100 feet of an existing oil or gas pipeline or pipeline easement, and that the
City of Southlake considers building near such pipeline or pipeline easement to have
certain inherent dangers, including but not limited to explosion and release of noxious,
toxic and flammable substances. For the aforementioned reasons [Subdivider Name]
hereby RELEASES and agrees to forever HOLD HARMLESS the City of Southlake,
Texas, its officers, officials, employees, successors and assigns from all liability in any
way arising from the building, use or habitation of [structure described in the said permit]."
Resolution 13 -032 Page 2
(b) In all cases in which one or more residential lots in a proposed subdivision are
crossed or come by or come within 100 feet of any existing oil or gas pipeline or pipeline
easement, the subdivider shall provide a note on the face of the development plan and
record plat stating that the subdivision is crossed or is located within 100 feet of an
existing oil or gas pipeline, and indicate the location of such pipeline on the face of the
development plan and record plat.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Sec. 9.5 -299. Waiver /hold harmless agreement required for issuance of building
permit.
(a) Any person, firm or corporation wishing to obtain a building permit for the erection,
construction, reconstruction or expansion of any structure, of which any portion of such
erection, construction, reconstruction or expansion would occur within 100 feet of an
existing oil or gas pipeline or pipeline easement shall, prior to and as a condition of the
issuance of such building permit, execute the following waiver and hold harmless
agreement, which shall be duly acknowledged in the manner provided by law and which
shall thereafter be notarized and recorded in the appropriate deed or other permanent
county records:
"I, [Applicant's Name], do hereby state, on my oath, that I fully realize I am applying for a
permit from the City of Southlake to build within 100 feet of an existing oil or gas pipeline
easement; that I am fully aware of the dangers inherent in building near such pipeline or
easement, including but not limited to explosion and release of noxious, toxic and
flammable substances; and, further, that I do hereby RELEASE and agree to forever
HOLD HARMLESS the City of Southlake, Texas, its officers, officials, employees,
successors and assigns from all liability in any way arising from the building, use or
habitation of the structure described in the said permit."
(b) Prior to beginning any excavation, trenching or digging using powered equipment
or hand tools that may damage a pipeline, any person within the city shall be required to
contact the one call system and any other appropriate underground utility coordinating
systems and determine if there are any pipelines or public utilities in the vicinity of the
proposed activities.
(c) If physical contact is made with a pipeline during any excavation, trenching or
digging, the pipeline operator must be notified by the person or agency making the
physical contact with the pipeline for any necessary pipeline inspection or repair.
(Ord. No. 880 -A, § 2, 5- 20 -08)
Resolution 13 -032 Page 3
SECTION 2.
This resolution shall become effective on the date of approval by the City Council.
PASSED AND APPROVED THIS 19 DAY OF NOVEMBER, 2013.
CITY OF SOUTHLAKE
By:
Mayor
A Zie
OVTH -"
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City Secretary • •
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Resolution 13-032 Page 4
EXHIBIT "A"
PHASE 1 DESCRIPTION
BEING a 5.100 acre tract of land situated in the Richard Eads Survey, Abstract No. 481, and being all of
Lots 25 -35, Block 24, Lots 1 -16 & 38, Block 25 and Lot 1, Block 28, of Southlake Town Square,
Brownstones at Town Square, Phase B (herein called Southlake Town Square B plat), an addition to the
City of Southlake, according to the plat thereof recorded in Cabinet A, Slide 11833, Plat Records, Tarrant
County, Texas (P.R.D.C.T.), being all of Lot 24R, Block 24, of Southlake Town Square, Brownstones at
Town Square, Phase B (herein called amended Southlake Town Square B plat), an addition to the City of
Southlake, according to the amended plat thereof recorded in Cabinet A, Slide 13060, P.R.D.C.T., also
being part of those remainder tracts of land conveyed to Market Center Land, L.P. by CORRECTION
SPECIAL WARRANTY DEED recorded in Volume 2003138, Page 15079 and SPECIAL WARRANTY DEED
recorded in Volume 2005149, Page 4050, Deed Records, Dallas County, Texas (D.R.D.C.T.), and also
being part of Park Ridge Boulevard as shown on said Southlake Town Square B plat, said 5.100 acre tract
of land being more particularly described as follows:
BEGINNING at an "X" cut in concrete found for the northwest corner of said Lot 34, Block 24 and a
southwest corner of said Lot 35, Block 24 of the Southlake Town Square B plat;
THENCE along the outline of said Lot 35, the following three (3) courses and distances:
North, a distance of 25.46 feet to a point for corner;
East, a distance of 121.85 feet to a point for corner;
S00 °01'16 "E, a distance of 375.65 feet to a point for corner on the extended common south line
of said Lot 24R, Block 24 and north line of Lot 23R, Bock 24 of said amended Southlake Town
Square B plat;
THENCE along said extended common line, West, at a distance of 21.99 feet passing the southeast
corner of said Lot 24R, Block 24 and northeast corner of said Lot 23R, Block 24, at a distance of 121.99
feet passing the southwest corner of said Lot 24R and northwest corner of said Lot 23R and continuing
across said Park Ridge Boulevard, for a total distance of 173.99 feet to a point for corner in the west
right -of -way line of said Park Ridge Boulevard and east line of said Lot 16, Block 25;
THENCE along said west right -of -way line of Park Ridge Boulevard and said east line of Lot 16, South, a
distance of 0.31 feet to a 5/8 inch iron rod with cap found for the southeast corner of said Lot 16, Block
25 and northeast corner of Lot 17, Block 25 of said Southlake Town Square B plat;
THENCE along the common line between said Lots 16 and 17, West, a distance of 129.74 feet to a 5/8
inch iron rod with cap found for the southwest corner of said Lot 16, Block 25 and northwest corner of
Lot 17, Block 25;
THENCE along the west line of said Block 25, North, a distance of 75.00 feet to a point for corner;
THENCE continuing along said west line of Block 25, N01 °30'41 "W, a distance of 18.96 feet to an "X" cut
in concrete found for the southeast corner of said Lot 38, Block 25;
Resolution 13 -032 Page 5
THENCE along the south line of said Lot 38, West, at a distance of 31.00 feet passing the southwest
corner of said Lot 38 and continuing along the south line of said Market Center Land, L.P. tract, for a
total distance of 612.58 feet to a point for corner at the beginning of a tangent curve to the right having
a radius of 10.00 feet, a central angle of 29 °56'16" and a chord which bears N74 °59'11 "W, a distance of
5.17 feet;
THENCE continuing along the south line of said Market Center Land, L.P. tract and along said curve to
the right, an arc distance of 5.23 feet to an "X" cut in concrete found for the northwest corner of Lot 31,
Block 21, of Southlake Town Square, Brownstones at Town Square, Phase A, an addition to the City of
Southlake, according to the plat thereof recorded in Cabinet A, Slide 10873, P.R.D.C.T., said corner also
lying in the southeast right -of -way line of Central Avenue, an 82 foot wide right -of -way;
THENCE along the northwest line of said Market Center Land, L.P. tract and said southeast right -of -way
line of Central Avenue, N30'00'00 "E, a distance of 273.65 feet to a point for corner;
THENCE leaving said northwest line of said Market Center Land, L.P. tract and said southeast right -of-
way line of Central Avenue, East, a distance of 403.22 feet to a point for corner;
THENCE South, a distance of 66.94 feet to a point for corner;
THENCE East, at a distance of 61.53 feet passing the common east line said Market Center Land, L.P.
tract and west line of said Block 25, at a distance of 182.77 feet passing the common east line of said
Block 25 and west right -of -way line of said Park Ridge Boulevard and continuing for a total distance of
232.77 feet to a point for corner in said Park Ridge Boulevard;
THENCE running through said Park Ridge Boulevard, the following three (3) courses and distances:
North, a distance of 85.74 feet to a point for corner;
560`00'00 "E, a distance of 1.17 feet to a point for corner;
East, a distance of 25.99 feet to the POINT OF BEGINNING and containing 5.100 acres of and as
computed.
Resolution 13 -032 Page 6
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EXHIBIT "B"
APPROVED SITE PLAN
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SITE DATA SUMMARY
EXISTING ZONING DT BROWNSTONE LOTS 33
LAND USE DESIGNATION GARDEN DISTRICT BROWNSTONE UNITS (RESIDENTIAL UNITS) 33
GROSS ACREAGE (PH I ONLY) 5.10 AC TOTAL BUILDING AREA 71,488 GSF
NET ACREAGE OF R.O.W. (MEETING /SUMMIT /'ARK RIDGE) 1.35 AC TOTAL FLOOR AREA 164,555 GSF
AREA OF OPEN SPACE * 2.11 AC REQUIRED RESIDENT PARKING (1) 66
PERCENTAGE OF OPEN SPACE 38.9% PROVIDED RESIDENT PARKING (2) 77
AREA OF IMPERVIOUS COVER 160,845 SF REQUIRED VISITOR PARKING (3) 33
PERCENTAGE OF IMPERVIOUS COVER 72.4% PROVIDED VISITOR PARKING (4) 40 Q
MAXIMUM NUMBER OF STORIES (ALLOWED) 3 REQUIRED LOADING SPACES N/A
MAXIMUM BUILDING HEIGHT (ALLOWED) 52'
MAXIMUM NUMBER OF STORIES (PROVIDED) 3
MAXIMUM BUILDING HEIGHT (PROVIDED) 52'
*INCLUDES LOT 1, BLOCK 19 - OPEN SPACE AREA WILL BE REDUCED WHEN PHASE II IS CONSTRUCTED
Resolution 13 -032 Page 7
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Resolution 13-032 Page 8
CONCEPTUAL RENDERINGS OF GARDEN DISTRICT BROWNSTONES
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• MBR on 2" Floor - Living Space Above Garage Attached to 2nd Floor Living Area
Resolution 13 -032 Page 9
CONCEPTUAL RENDERINGS OF PARK RIDGE BROWNSTONES
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• Three Stories with Front Attic Options • 2 "d Floor Terrace
Resolution 13 -032 Page 10
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Resolution 13 -032 Page 13
LOT CONFIGURATION OPTION B PER COUNCIL MOTION
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Resolution 13 -032 Page 14
INVOICE
Star- Telegram Customer ID: CIT57
808,Throckmorton St. Invoice Number: 326570801
FORT WORTH, TX 76102
(817) 390 -7761 RECEIVEL Invoice Date: 7/31/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
AUG 0 8 2013 Due Date: 7/31/2013
Bill To: CITY OF SOUTHLAKE PO Number: NO PO
CITY OF SOUTHLAKE FINANCE DEPARTMENT
1400 MAIN ST Order Number: 32657080
STE 440 Sales Rep: 043
SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING
Attn: Attn: ACC OUNTS PAYABLE Publication Date: 7/31/2013
PUBLIC HEARING NOTICE CITY OF I3580 1 90 90 LINE $1.20 $108.00
Net Amount: $108.00
RECEIVED
AUG -9 2013
OFFICE OF CITY SECRETARY
Ae ":p °os.,, CHRISTY LYNNE HOLLAND
1 ;�= Notary Public, State of Texas
;., r My Commission Expires
s %'EeF +�o• July 31, 2016
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THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for said County and $tate, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say
that the attached clipping of an advertisement was publishe he above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323 I3 `�
Signed i %%
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, ' Ig st 11, 2013. /
Notary Public d .•l�� or e
A„ /
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 326570801
Invoice Amount: $108.00
PO Number: NO PO
Amount Enclosed: $
Legal Notices
Notice is hereby given to all inter-
ested persons that the City of
PU3LIC HEARING NOTICE Southlake, Texas, will consider the
CITY OF SOUTHLAKE, TEXAS following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for
Zoning - Board of Adjustment on
Thursday, August 15, 2013, at 6:30
- - -- - -- - p.m. will hold a public hearing and
consider:
• ZBA -646, Variance to Ordinance
No. 480, Section 14.5(b), requiring
a front yard setback of 35', a
Variance to Ordinance No. 480,
Section 14.5(d), requiring a rear
yard setback of 40' and a Variance
to Ordinance No. 480, Section 33.14,
requiring a minimum lot size of one
acre for the use of an on -site
sewage facility (OSSF). The, request
is being made by the applicant,
Robert and Sarah Keepers, for
property described as Lot 2R, Block
4, Southlake Park Addition, an
addition to the City of Southlake,
Tarrant County, Texas and located
at 455 Southlake Park Rd. E.,
Southlake, Texas. The current
zoning is SF -20B - Single Family
Residential District.
City Council on Tuesday, August 20,
2013, at 5:30 p.m. will hold a public
hearing and consider:
• ZA13 -011, Concept Plan for
Southlake Town Square Garden
District and Brownstones Phase C
on property described as. Lot 24R
and Lots 25 -35, Block 24, Lots 1 -16
and Lot 38, Block 25, Lot 1, Block
28, Southlake Town Square,
Brownstones at Town Square,
Phase B, an addition to the City of
Southlake, Tarrant County, Texas
and Tracts 2A5 and 2A5E, Richard
Eads Survey, Abstract No. 481, City
of Southlake, Tarrant County,
Texas, and generally located along
Park Ridge Blvd. and east of Central
Ave., Southlake, Texas. The current
zoning is "DT" Downtown District.
SPIN Neighborhood 48.
• Resolution No. 13 -032 (ZA13 -053),
Specific Use Permit for single fami ly
residential in thet,DT "4D.6ntown
District for Southlake To)firn Square
Brownstones Phase C on property
described as Lot 24R, Lots. 25 -34
and a portion of Lot 35, Block 24,
Lots 1 -16 -and Lot 38, Block 25, Lot
1, Block 28, Southlake Town Square,
Brownstones at Town Square,
Phase B, an addition to the City of
Southlake, Tarrant County, Texas
and a portion of Tract 2A5E, Richard
Eads Survey, Abstract No. 481, City -
of Southlake, Tarrant County]
Texas, and generally located along',
Park Ridge Blvd. and east of Central
Ave., Southlake, Texas. The current
zoning is "DT" Downtown District.
SPIN Neighborhood 48.
• Resolution No. 13 -033 (ZA13 -054),
Specific Use Permit for residential
lofts in the Southlake Town Square
"DT" Downtown District for The
Residences on property described
as Lot 4, Block 4R1, Southlake Town
Square, Phase I, an addition to the
City of Southlake, Tarrant County,
Texas and located at 1471 Federal;.
Way, Southlake, Texas. The current
zoning is "DT" Downtown District.
SPIN Neighborhood 48.
All interested persons are urged to
attend.
City of Southlake
Alicia Richardson, TRMC
City Secretary