480-665 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 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 ", 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,
Ordinance No. 480 -665 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 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
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
Ordinance No. 480 -665 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 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 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
Ordinance No. 480 -665 Page 3
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 1 reading May 6, 2014;
Approved at 1 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.
3. City Council Motion at 2 reading May 20, 2014;
4. Approved at 2 reading (6 -0) pursuant to the Revised Concept Plan Review
Summary No. 3 dated April 25, 2014, including comments in staff report dated
May 14, 2014, and approving the variance that the subject lot does not face a
public street.
Revised Concept Plan Review Summary No. 3 dated April 25, 2014:
1. 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'
Ordinance No. 480 -665 Page 4
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:
1. 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.
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 Preservation Requirements
Percentage of existing tree cover on the entire Minimum percentage of the existing tree
site cover to be preserved*
0% — 20% 70%
20.1 — 40% 60%
40.1% - 60% 50%
60.1 % - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights -of -way as approved by City 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
Ordinance No. 480 -665 Page 5
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:
htto://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
1. 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.
Ordinance No. 480 -665 Page 6
* Water lines shall not cross property lines without being in an easement or
right -of -way.
GRADING AND DRAINAGE COMMENTS
1. Provide a grading plan which includes drainage arrows and 2' or 5' contours.
Contours may be obtained from the City of Southlake.
2. 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.
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
Ordinance No. 480 -665 Page 7
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
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
Ordinance No. 480 -665 Page 8
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 1 reading the 6 day of May, 2014.
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PASSED AND APPROVED on the 2" reading the 20 day of May, 2014.
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Ordinance No. 480 -665 Page 9
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: O D S )
ADOPTED: 05' O-O f i y
EFFECTIVE: 0 �3 j 23 I 1 y
Ordinance No. 480 -665 Page 10
EXHIBIT "A"
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 below:
BEGINNING AT A PK NAIL FOUND IN THE CENTERLINE OF A 60' ROAD AND UTILITY EASEMENT FOR THE
SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED IN THE EAST LINE OF A
TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5251, PAGE 712, DEED RECORDS, TARRANT
COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF LOT 4, WILLIAM MARTIN NO. 1068 ADDITION,
AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN
CABINET A, SLIDE 9208, PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 00 DEGREES 07 MINUTES 54 SECONDS EAST 159.62 FEET ALONG SAID CENTERLINE
AND THE EAST LINE OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 5251, PAGE
712 TO A 5/8" IRON PIN FOUND FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID
POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN
VOLUME 11812, PAGE 1313, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 07 MINUTES 52 SECONDS EAST 371.23 FEET ALONG THE SOUTH LINE
OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 11812, PAGE 1313 AND A TRACT
OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 12057, PAGE 2147, DEED RECORDS, TARRANT
COUNTY, TEXAS, TO A CAPPED IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED,
SAID POINT BEING THE NORTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN
VOLUME 15133, PAGE 591, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 00 DEGREES 34 MINUTES 00 SECONDS EAST 160.08 FEET ALONG THE WEST LINE OF
SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 15133, PAGE 591 TO A CAPPED IRON
PIN SET FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST
CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 15133, PAGE 591 AND
FOR THE NORTHEAST CORNER OF LOT 1, WILLIAM MARTIN NO. 1068 ADDITION, AN ADDITION TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 1708,
PLAT RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 12 MINUTES 17 SECONDS WEST 373.17 FEET ALONG THE NORTH LINE OF
SAID LOTS 1 AND 4, WILLIAM MARTIN NO. 1068 ADDITION TO THE POINT OF BEGINNING AND CONTAINING
1.366 ACRES OF LAND, MORE OR LESS
Ordinance No. 480 -665 Page 11
EXHIBIT `B"
Concept Plan
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Ordinance No. 480 -665 Page 12
Tree Conservation Plan
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Ordinance No. 480 -665 Page 13
Letter requesting a Variance to Subdivision Ordinance No. 483, Section 8.01(A)
Case No.: ZA14 -033
APPLICANT: Imad Yamout
PROJECT SITE: 1715 Our Lane.
2200 Long Shadow Ct.. Colleyville. TX 76034. Phone:(817) 732 -3455.
Email:imady @hotmaII.com
To City of Southlake,
1 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 placed on other lots
that have been approved on Our Lane. which are as follows:
a. An 8' water line meeting City standards from Randol 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
Ordinance No. 480 -665 Page 14