Item 6BCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
May 14, 2014
CASE NO: ZA14-033
PROJECT: Zoning Change and Concept Plan for 1715 Our Lane
EXECUTIVE
SUMMARY: Imad Yamout is requesting approval of a Zoning Change and Concept Plan for 1715
Our Lane on property described as Tracts 2B and 2133, William H. Martin Survey,
Abstract No. 1068, City of Southlake, Tarrant County, Texas, and located at 1715 and
1741 Our Lane, Southlake, Texas. Current zoning: "AG" Agricultural District. Proposed
zoning:"SF-1K Single Family Residential District. SPIN Neighborhood # 5.
REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan from "AG
Agricultural District to "SF-1A" Single Family Residential District to allow construction of
a new home on the property. An application for a one -lot plat showing, which can be
administratively approved, has also been submitted.
1VIANFe1kIs] ;I
REQUESTED: A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a
public or private street, is requested. Our Lane is currently a private street that doesn't
meet the Subdivision Ordinance requirements in Section 5.04 and 5.05 regarding
private streets. The applicant is requesting a variance to allow the lot to front on Our
Lane as it currently exists and has submitted a letter agreeing to the conditions that
have been placed on other lots that have been approved on Our Lane, which are as
follows:
a. An 8" water line will be installed to City standards from Randol Mill to the
northwest corner of the property by the property owner or builder prior to
issuance of a building permit. The Concept Plan also shows the required 30'
roadway and utility easements on the subject property and on the property to
the south that abuts Randol Mill Ave. that are to be dedicated to the City prior
to acceptance of the water line.
b. The applicant acknowledges that the City will not maintain Our Lane and that it
is the responsibility of the property owners to maintain Our Lane to a level that
will allow emergency vehicles to respond to emergencies.
The applicant also agrees to the additional stipulations that the Planning and Zoning
Commission included in their motion to recommend approval of the item, which are as
follows:
The applicant will repair the roadway to City standards after installation of the
8" water line such that emergency vehicles can access it.
Case No.
ZA14-033
2. The applicant will not disrupt or damage the existing 2" water line and agrees
to repair it if damage does occur.
Due to recorded opposition from the adjacent property owners to the north, a
supermajority vote will be required at 2nd reading unless those property owners remove
their opposition prior to the vote at that meeting.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd reading approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint
(D) Revised Concept Plan Review Summary No. 3 dated April 25, 2014
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-665
(G) Half Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA14-033
BACKGROUND INFORMATION
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LEGAL DESCRIPTION: Tracts 2B and 2133, William H. Martin Survey, Abstract No. 1068
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural Zoning District
REQUESTED ZONING: "SF-1A" Single -Family Residential District
HISTORY: - The property was annexed into the City in 1987 and given the "AG"
Agricultural zoning designation.
-An existing mobile home was removed from the property between 2007 and
2009 according to aerial photography.
SOUTHLAKE 2030
PLAN: The underlying land use designation is Low Density Residential. The request
to change the zoning to "SF-1A" Single Family Residential District is consistent
with this land use designation.
PATHWAYS
MASTER PLAN: The subject property is exempt from the sidewalk requirement because
sidewalks do not exist on both sides of the lot and the lot is not located within
1500' of a public or private school on the same side of the street.
WATER & SEWER: This site is currently serviced by a 2" water line along Our Lane. An 8" water
line meeting City standards from Randol Mill Ave. to the northwest corner of
the property will be installed by the property owner or builder prior to issuance
of a building permit. City sewer is not available, so the site will be served by a
private septic system.
DRAINAGE COMMENTS: Drainage is generally to the north and east. A grading plan will be required prior
to issuance of a building permit.
TREE PRESERVATION: Approximately 79.52% of the existing tree canopy is shown to be preserved,
which meets the requirements of the Tree Preservation Ordinance.
CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case.
PLANNING AND ZONING
COMMISSION ACTION: April 17, 2014; Approved (4-0) subject to the Concept Plan Review
Summary No. 3, dated April 11, 2014, further subject to the staff report
dated April 11, 2014, and granting the variance requested subject to the
applicant's willingness to install the 8" water line meeting City standards
from Randol Mill Ave. to the northwest corner of the property, further subject
to the applicant's willingness to dedicate a 30' roadway and utility easement,
further subject to the applicant's willingness to repair and maintain Our
Lane, first to repair the roadway to City standards after installation of the 8"
Case No. Attachment A
ZA14-033 Page 1
water line such that emergency vehicles can access it and also noting the
applicant's acknowledgement that the City will not be maintaining Our Lane,
and further noting that if the 2" water line is on the east side of the road as
opposed to the west side of the road, the applicant's willingness to not
disrupt that line and to prevent damage to that line and to repair it if damage
does occur.
CITY COUNCIL ACTION: May 6, 2014; Approved at 1st reading (6-0) pursuant to concept plan review
summary No. 3, dated April 25, 2014; including the staff report therein are
certain recommendations regarding what the applicant has acknowledged that
he will do which is consistent with the Planning and Zoning Commission's
approval that are included in the staff report on page 3, Attachment D; and also
noting the variance for the Subdivision Ordinance regarding all lots front a
public street.
STAFF COMMENTS: Revised Concept Plan Review Summary No. 3 dated April 25, 2014 is
attached. A plat showing must be processed and recorded prior to issuance of
any building permits. A one lot plat showing can be approved administratively.
Case No. Attachment A
ZA14-033 Page 1
Vicinity Map
1715 and 1741 Our Ln.
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ZA 14-033
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Zoning Change
Nand Concept Plan
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Case No. Attachment B
ZA14-033 Page 1
Letter requesting a Variance to Subdivision Ordinance No. 483 Section 8.01 A
Case No.: ZA14-033
APPLICANT: ]mad Yamout
PROJECT SITE: 1715 Our Lane.
2200 Long Shadow Ct., Colleyville, TX 75034. Phone:(817) 732-3455.
Email:imady@hotmail.com
To City of Southlake,
I, Imad Yamout, am requesting a Variance to Subdivision Ordinance No. 483, Section
8.01(A), as amended, and agreeing to the conditions that have been piaced on other lots
that have been approved on Our Lane, which are as follows:
a. An 8" water line meeting City standards from Randoi Mill to the Northwest
corner of the property will be installed by the property owner or builder
prior to issuance of a building permit.
b. I acknowledge that the City will not maintain Our Lane and that it is the
responsibility of the property owners to maintain Our Lane to a level that
will allow fire trucks to respond to emergencies.
Thank you,
Imad Ya out
Case No. Attachment C
ZA14-033 Page 1
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Case No. Attachment C
ZA14-033 Page 2
Tree Conservation Plan
trees to remain
:ro o so so so
Tree Conservation Plan •trees to be removed
1715 Our lane, scale I" — 30'
Southlake, Texas trees to remain if possible ZA 14-033
Case No. Attachment C
ZA14-033 Page 3
Case No.: ZA14-033
REVISED CONCEPT PLAN REVIEW SUMMARY
Review No.: Three
Project Name: Concept Plan — 1715 Our Ln.
APPLICANT: Imad Yamout
2200 Long Shadow Ct.
Colleyville, TX 76034
Phone: (817) 732-3455
E-mail: imady@hotmail.com
Date of Review: 04/25/14
ARCHITECT: Skip Blake
Blake Architects
1202 S. White Chapel Blvd.
Southlake, TX 76092
Phone: (817) 488-9397
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
03/24/14 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) 748-8072.
As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch
water line meeting City standards must be constructed to the northwest corner of the property.
Construction of the water line shall be required prior to issuing building permits and the water line must
be in a dedicated easement. Dedication of a 30' Roadway and Utility Easement by separate instrument
from the property owner of 1730 Randol Mill will be required prior to acceptance of the 8" water line
across that property and a 30' Roadway and Utility Easement is to be dedicated on the plat for 1715
Our Ln.
2. Approval of a variance is required to allow the lot to not front on a public street. A letter has been
submitted requesting a Variance to Subdivision Ordinance No. 483, Section 8.01(A), as amended,
agreeing to the conditions that have been placed on other lots that have been approved on Our Lane,
which are as follows:
a. An 8" water line will be installed to City standards from Randol Mill to the northwest corner of
the property by the property owner or builder prior to issuance of a building permit. The
Concept Plan also shows the required 30' roadway and utility easements on the subject
property and on the property to the south that abuts Randol Mill Ave. that are to be dedicated
to the City prior to acceptance of the water line.
a. The applicant acknowledges that the City will not maintain Our Lane and that it is the
responsibility of the property owners to maintain Our Lane to a level that will allow fire
trucks to respond to emergencies.
The applicant has also agrees to the additional stipulations that the Planning and Zoning Commission
included in their motion to recommend approval of the item, which are as follows:
The applicant will repair the roadway to City standards after installation of the 8" water line
such that emergency vehicles can access it.
2. The applicant will not disrupt or damage the existing 2" water line and agrees to repair it if
damage does occur.
Case No. Attachment D
ZA14-033 Page 1
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
1. Please provide on the Tree Conservation Plan) the existing percentage of tree coverage in addition to
the percent of existing tree cover to be preserved. The minimum tree cover to be preserved is listed in
the table below:
Table 2.0 —Existing Tree Cover Preser ition Reouii'emetits
Pernenlage of exislirrg tree, cover on i#e, entire
site
,lAlhihnum percenlgge' of lhtr ewis ing Iree
fTr0ver to be lreseY7,ed *
/f�
20.1 — 40%
60%
40.1 ° o - 60%
50° a
60.1 ° u - 80%
40° o
8 0. 1 % - 100°10
30%
*The rrrunwaarrrr Percentage of existing tree cover to he preserved shall erclarr/e ❑rn area in parbIic
rights-of-wav as cipproved by C.'it► Council.
Public Works Review
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS
Our Lane is a private street that does not meet the requirements of a public local street and
acknowledgement that the City will not maintain the street shall be required. (A letter has been
provided).
City sewer service is not available in this area. A septic sewer system will be required to serve this
property.
Use the City of Southlake GPS monuments whenever possible. Information can be found in
the City of Southlake website:
http://www.citvofsouthlake.com/index.aspx?NID=266
EASEMENTS
Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15-
foot minimum and located on one lot — not centered on the property line. A 20-foot easement is
required if both storm sewer and sanitary sewer will be located within the easement.
Water and sewer lines shall not cross property lines without being in a public easement or in the
right-of-way. All water and sewer lines in easements or right-of-way must be constructed to city
standards.
WATER COMMENTS
Case No. Attachment D
ZA14-033 Page 2
As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch
water line meeting City standards must be constructed to the northwest corner of the property.
Construction of the water line shall be required prior to issuing building permits and the water line
must be in a dedicated easement. Dedication of a 30' Roadway and Utility Easement by separate
instrument from the property owner of 1730 Randol Mill will be required prior to acceptance of the 8"
water line across that property and a 30' Roadway and Utility Easement is to be dedicated on the plat
for 1715 Our Ln. The required easements to be dedicated are shown on the Concept Plan.
2) The waterline shall be constructed to City Standards. Refer to Standard Construction Details Sheet
SD-8 for embedment details for waterlines constructed under pavement. Waterlines under
pavement require cement treated sand (CTS) as shown on the detail.
3) A fire hydrant will be required at the end of the 8-inch line to allow for a blow off at the end of the
dead end line until it can be extended in the future.
4) The existing 2" waterline located on the east side of Our Lane shall remain in place. Any damage to
the waterline shall be the responsibility of the Developer to repair.
Water services shall not cross lot lines.
Water meters shall be located in an easement or in the right-of-way.
Water lines shall not cross property lines without being in an easement or right-of-way.
GRADING AND DRAINAGE COMMENTS
Provide a grading plan which includes drainage arrows and 2' or 5' contours. Contours may be
obtained from the City of Southlake.
The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
Driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. An
18-inch minimum concrete culvert is required.
INFORMATIONAL COMMENTS:
Submit 4 copies of the civil construction plans, 22" X 34" scalable 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.citvofsouthlake.com/PublicWorks/engineeringdesign.asp
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 Residential Developer Agreement (RDA) shall be required for this development. The RDA may
require approved by the City Council prior to any construction of public infrastructure. Construction
plans for these improvements will require review and shall be released for construction by Public
Works prior to placing the RDA on the City Council agenda for consideration.
Any hazardous waste being discharged must be pretreated Ordinance No. 836.
For projects containing diversion or impoundment the following note should be placed in the final
Case No. Attachment D
ZA14-033 Page 3
plat: Compliance with the provisions of the City's Storm Drainage Policy does not relieve a person of
the responsibility of complying with all other applicable laws, including, but not limited to, Section
11.086, Texas Water Code.
Denotes informational comment.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
(817) 748-8671
E-mail: kclementsa-ci.southlake.tx.us
GENERAL 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 LANE COMMENTS:
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.
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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.
Informational Comments:
The SPIN representative did not recommend a SPIN meeting for this project
A plat must be filed with the County prior to issuance of a building permit. Approval of the zoning
change and concept plan is subject to approval of a one -lot plat showing that creates a lot meeting
the minimum one acre minimum lot size in the SF-1A zoning district.
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.
Case No. Attachment D
ZA14-033 Page 4
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 concept 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
ZA14-033 Page 5
Surrounding Property Owners
1715 Our Lane
REEK
1870 1860
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1608 1610
1880
1850
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1607 1609
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208 Randol Mill
1801
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SPO #
Owner
Zoning
Address
Acreage
Response
1.
Seals, James Etux Nelda
AG
1812 RANDOL MILL AVE
1.00
NR
2.
Johnson, Scott A
AG
1851 OUR LN
0.60
F
3.
Johnson, Scott A
AG
1847 OUR LN
0.54
F
4.
Johnson, Scott A
AG
1833 OUR LN
0.57
F
5.
Quinn, Andrew Preston
AG
1810 RANDOL MILL AVE
0.91
NR
6.
Shatley, Josh Lou
AG
1846 Our Ln
0.55
O
7.
Burger, Gene
AG
1828 OUR LN
0.08
NR
8.
Shatley, Josh
AG
1734 OUR LN
0.61
O
9.
Shatley, Josh Lou
AG
1846 Our Ln
0.48
O
10.
Ankerson, Lee Etux Adrianne
AG
814 OUR LN
11.
Burgess, Derrell & Martha Jo
AG
1790 RANDOL MILL AVE
0.80
NR
12.
Yamout, Imiad Etux Basma
AG
1741 OUR LN
0.48
NR
13.
Yamout, Imiad Etux Basma
AG
1715 OUR LN
0.83
NR
14.
Breisch, Bruce C
AG
1724 OUR LN
0.11
NR
15.
Williams, Lonnie C Etux Glenda
AG
1760 RANDOL MILL AVE
1.04
NR
16.
Schimmel, Gary Etux Lori
SF30
1740 RANDOL MILL AVE
0.81
NR
Colen, Cory & Jami Nolen
SF20A
1730 RANDOL MILL AVE
F
18.
Burger, Gene
AG
1830 OUR LN
0.03
NR
19.
Breisch, Bruce C
AG
1728 OUR LN
0.22
NR
20.
Spencer, Kathleen E
SF1-A
1742 OUR LN
0.95
NR
21.
Chidiac, Michael & Karen
SF1-A
1829 OUR LN
1.46
NR
22.
London, Ronnal
SF1-A
2000 MORGAN RD
1.63
NR
23.
McGovern, Michael T Etux Lisa
SF1-A
1701 RANDOL MILL AVE
1.11
F
Case No. Attachment E
ZA14-033 Page 1
24.
Henderson, Berwyn Etux Gloria
AG
1720 RANDOL MILL AVE
0.75
NR
25.
Shatley, Josh Lou
AG
1846 OUR LN
0.47
O
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-five (25)
Responses Received: Four (4) — attached plus one comment card in favor submitted at the April 17,
2014 P&Z meeting.
Case No. Attachment E
ZA14-033 Page 2
Notification Response Form
ZA14-033
Meeting Date: April 17, 2014 at 6:30 PM
Shatley, Josh
8900 Davis Blvd
Keller Tx 76248
Direct questions and mail responses to:
City of Southlake
Planning & Development Services
Notification Response
1400 Main st; Ste 310
Southlake, TX 76092
Phone: (817)748-6621
Fax: (817)748-807'7
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 �_opposeundecided about
unJeSS tkiE: iSSVeS
(circle or underline one) 5-ra.tc:_-,d, eciociADZe.
the proposed Zoning Change and Concept Plan referenced above. Aa9rnS5C4.
Space for comments regarding your position: Z%�_
or
Signature:
Additional Signature:
Printed Name(s): (Jan -
Must be property owner(s) whose names) are printed at top.
noise bontact the
Phone Number (optional):
WE
I 1i1. M-.A
Date:
Date: 0 �4 if
One fofm per property.
Case No. Attachment E
ZA14-033 Page 3
Notification Response Form
ZA14-033
Meeting Date: April 17, 2014 at 6:30 PM
Colen, Cory & Jami Nolen
1730 Randol Mill Ave
Southlake Tx 76092
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the-e 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:
Additional Signature:
Date:
Date:
Printed Name(s):
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
ZA14-033 Page 4
Notification Response Form
ZA14-033
Meeting Date: April 17, 2014 at 6:30 PM
McGovern, Michael T Etux Lisa
1701 Randol Mill Ave
Southlake Tx 76092
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 p ed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature: / Date:
Additional Signature:
Date:
Printed Name(s): 411 * M6.6llge�
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
ZA14-033 Page 5
2Aty-o
PLEASE REGISTER WITH THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA
Please print and return to the P&Z Secretary.
Agenda Item #:
nn � K Date: �
Name: 1� ��� �� �� �C-n��7'�-
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I will speak IN SUPPORT of this item.
I will speak IN OPPOSITION to this item.
_ I do not wish to speak, but please record my:
SUPPORT OPPOSITION
Citizen Comments (for item on the agenda)
Case No. Attachment E
ZA14-033 Page 6
Scott Johnson
1401 Park Placee Southlake, TX 76092• Phone: 21-1,632-6423
1iMai7: saiflash@ ahoo.com
Date: May 5, 2014
The City of Southlake
Re: May 6 City Council meeting
To Whom It May Concern:
was
My name is Scott Johnson and I own the properties at 1833, 1847, and 1851 Our Lane, Southlake, TX 76092. I am out of
town and unable to attend the May 6, 2014 City Council meeting in person.
This letter is intended to communicate my support of Ordinance No. 480-665 (ZA14-033), Zoning Change and Concept
Plan for 1715 Our Lane on property described as Tracts 2B and 2B3, William H. Martin Survey, Abstract No. 1068, City
of Southlake, Tarrant County, Texas, and located at 1715 and 1741 Our Lane, Southlake, Texas.
I understand the current Zoning: "AG" Agricultural District, and requested Zoning: "SF -IA" Single Family Residential
District. I am in favor of this change.
I have personally met with Lmad Yamout and understand and support his plans for new construction and road repairs.
As a property owner and resident of Southlake, I support these changes as is represents forward progress of our city and
serves to improve an area in need of upgrade. Furthermore, new homes built on Our Lane will increase the tax basis for
Southlake.
Sincerely,
ScottJohnson
Case No. Attachment E
ZA14-033 Page 7
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-665
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
2B AND 2133, WILLIAM H. MARTIN SURVEY, ABSTRACT NO.1068,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.366 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-1A" 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
ZA14-033 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
ZA14-033 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 2B and 2B3, William H. Martin Survey, Abstract No. 1068,
City of Southlake, Tarrant County, Texas, being approximately 1.366 acres, and
more fully and completely described in Exhibit "A" from "AG" Agricultural District to
"SF-1A" Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit "B", and subject to the
Case No. Attachment F
ZA14-033 Page 3
following conditions:
1. Planning and Zoning Commission Motion April 7, 2014:
Approved (4-0) subject to the Concept Plan Review Summary No. 3, dated
April 11, 2014, further subject to the staff report dated April 11, 2014, and
granting the variance requested subject to the applicant's willingness to install
the 8" water line meeting City standards from Randol Mill Ave. to the
northwest corner of the property, further subject to the applicant's willingness
to dedicate a 30' roadway and utility easement, further subject to the
applicant's willingness to repair and maintain Our Lane, first to repair the
roadway to City standards after installation of the 8" water line such that
emergency vehicles can access it and also noting the applicant's
acknowledgement that the City will not be maintaining Our Lane, and further
noting that if the 2" water line is on the east side of the road as opposed to the
west side of the road, the applicant's willingness to not disrupt that line and to
prevent damage to that line and to repair it if damage does occur.
2. City Council Motion at 1s' reading May 6, 2014;
Approved at 1st reading (6-0) pursuant to concept plan review summary No. 3, dated
April 25, 2014; including the staff report therein are certain recommendations regarding
what the applicant has acknowledged that he will do which is consistent with the
Planning and Zoning Commission's approval that are included in the staff report on
page 3, Attachment D; and also noting the variance for the Subdivision Ordinance
regarding all lots front a public street.
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
Case No. Attachment F
ZA14-033 Page 4
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
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
Case No. Attachment F
ZA14-033 Page 5
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 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 61" day of May, 2014.
MAYOR
ATTEST:
Case No. Attachment F
ZA14-033 Page 6
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2014.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA14-033 Page 7
EXHIBIT "A"
Being described as Tracts 2B and 2133, William H. Martin Survey, Abstract No. 1068, City of
Southlake, Tarrant County, Texas, being approximately 1.366 acres, and more fully and
completely described below:
Reserved for metes and bounds description
Case No. Attachment F
ZA14-033 Page 8
EXHIBIT "B"
Reserved for approved concept plan
Case No. Attachment F
ZA14-033 Page 9