Item 7H13 CITY OF
SOUTHLAI<,-E
Department of Planning & Development Services
STAFF REPORT
July 30, 2014
CASE NO: ZA14-047
PROJECT: Zoning Change and Development Plan for Fusella Property
EXECUTIVE
SUMMARY: Four Peaks-RM, Inc. is requesting approval of a Zoning Change and
DETAILS:
ATTACHMENTS
Development Plan from "AG" Agricultural and "SF-1A" Single Family
Residential District to "R-PUD" Residential Planned Unit Development for
Fusella Property for the development of 7 residential lots on 8.27 acres. SPIN
Neighborhood #4
Four Peaks-RM, Inc. is requesting approval of a Zoning Change and
Development Plan from "AG" Agricultural and "SF-1A" Single Family
Residential District to "R-PUD" Residential Planned Unit Development for the
Fusella Property. The site currently consists of two (2) tracts with one (1)
residence and other accessory structures which will be removed upon
development.
The development details are noted in Attachment `C' of this staff report.
Site Data Summary
Existing Zoning
for.. -
AG & SF-1A
Proposed Zoning
R-PUD
Gross Area
8.27 acres
Number of Residential Lots
7
Residential Density
.85 d/u per acre
Open Space
2.03acres (24.61 %)
Tree Cover to be Preserved
75.24%
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Development Plan Review Summary No. 2, revised July 30, 2014
(E) Surrounding Property Owners Responses
(F) Full Size Plans (for Commission and Council members only)
STAFF CONTACT: Ken Baker
Patty Moos
Case No.
ZA14-047
(817) 748-8067
(817) 748-8269
OWNERS:
APPLICANT:
PROPERTY SITUATION:
BACKGROUND INFORMATION
Robert and Michelle Fusella
Four Peaks- RM, Inc.
409 Shady Lane
LEGAL DESCRIPTION: Tracts 2A, 2A2A and 2A3, S. Freeman Survey, Abstract No. 525, an
addition to the City of Southlake, Tarrant County, Texas, located at 409
Shady Lane, Southlake, Texas.
EXISTING LAND USE:
PROPOSED LAND USE
CURRENT ZONING:
REQUESTED ZONING:
HISTORY:
CITIZEN INPUT
SOUTHLAKE 2030
TREE PRESERVATION
Low Density Residential
Low Density Residential
"AG" Agricultural District and "SF-1A" Single Family Residential District
"R-PUD" Residential Planned Unit Development District
The property is not platted and the residence was built in 1950.
September 19, 1989, SF-1A single family residential zoning and "AG"
agricultural zoning was approved with the approval of the Zoning
Ordinance No. 480 and the official zoning map.
A SPIN (SPIN #4) meeting was held on May 13, 2014 for this proposed
development. See Attachment `C' for the SPIN Report for the meeting.
Consolidated Land Use Plan
The Southlake 2030 Future Land
Use Plan designates this
property as Low Density
Residential. The property will
remain Low Density Residential.
Pathways Master Plan
Four (4) foot wide sidewalks
along the residential streets are
proposed with this development.
The applicant is proposing to preserve approximately seventy-five
percent (75.24 %) of the existing trees.
UTILITIES: Water
There are existing 8-inch water lines located south at the Morrison
Office Park and along Shady Lane.
Case No. Attachment A
ZA14-047 Page 1
Sewer
There is an existing 8-inch sewer line along an easement on the south
Morrison and Bonola properties.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The proposed development, with approximately 7 residential lots will
access onto Shady Lane through the proposed Remington Estates
development. Shady Lane is a local residential street with approximately
fifty (50) feet of right-of-way. The project did not warrant a Traffic Impact
Analysis.
Traffic Impact
* Vehicle Trips Per Day
• AM -In, AM -Out, PM -In and PM -Out are peak hour generators on a weekday
• Based on the ITE: Trip Generation Manual, 7t" Edition
PLANNING AND
ZONING COMMSSION: May 22, 2014: Approved (4-0-0) ZA14-047 subject to Staff Report dated
May 16, 2014 and Development Plan Review Summary No. 2 dated
May 16, 2014.
CITY COUNCIL: June 3, 2014; Approved (7-0) on the consent agenda to be tabled to the
August 5, 2014 City Council meeting at the request of the applicant.
STAFF COMMENTS: Attached is the Development Plan Review Summary No. 2, revised July
30, 2014.
WCommunity DevelopmentWEMO12014 Cases1047 - ZDP - Fusella
Case No.
ZA14-047
Attachment A
Page 2
Vicinity Map
Fusella Property
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ZA14-o47
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Case No. Attachment B
ZA14-047 Page 1
Plans and Support Information
VLISELLA PROPERTY
Zri1 C'�
Proiect P..--:)ose
The � are not currently interested in sellingtheir property and have no short or longterm plans
to do so_ The property continues to provide the � the facilities they need, in a convenient
location, to care for their horses and ride them either on their property or within a short trailer ride
away. Being a supporter of the Remington zoning, the g I�,'� recognize the positive impact they can
have for resolving the Remington zoning while also recognizing the benefit to them of avoiding a lengthy
zoning process when, in the future, it becomes time to sell their property.
The Fusella Property is also a zoning case being presented in an effort to resolve and answer questions
about the Fusella property that arose from the zoning of Remington Estates on property adjacent on the
south and to the west of the Fusella Property. When zoning and platting for Remington was proposed in
early 2014, the question of how the remaining undeveloped tract in this area, i.e. the Fusella Property,
would be zoned and platted continued to be raised. There was a question of precedent with the Fusella
Property_ would the Comprehensive Land Use Plan be changed to allow a densitygreater than one unit
per acre or would the property be zoned to fit the current land use plan and continue to make the
transition from commercial property to the south of Remington to the one acre lots located north of
Fusella assuggested bythe developer?
The j�l are in support of the zoning and platting application for the Remington project_ It is the
hope, intent and purpose of zoning the Fusella property now as an R-PUD, with the same covenants,
conditions and restrictions as the neighboring Remington project, that the future use and plan for the
Fusella property will be answered. The consistent style and integrity being created within Remington
Estates will be established and it is the additional intent and purpose of this zoning that the adjoining
Remington projectcan be zoned and platted in accordance with its current application.
Case No.
ZA14-047
Attachment C
Page 1
Residential Planned Unit Development District -
Land Use and Development Regulations
for the 8.25 acre development known as
Fusella Property
Southlake, Texas
Zoning Case # ZA14-047
14 MAY 2014
This Residential Planned Unit Development shall abide by the all conditions of the
City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it
pertains to the "SF-30" Single -Family Residential zoning district and the City of
Southlake Subdivision Ordinance No. 483, as amended, with the following
exceptions:
Lot Area: The minimum area of a lot shall not be less than thirty thousand
(30,000) square feet.
Front Yard: The minimum front yard of a lot shall not be less than thirty five
(35) feet.
Side Yard: The minimum side yard shall not be less than fifteen (15) feet.
Rear Yard: Each lot shall have a minimum rear yard of forty (40) feet.
Lot Width: The minimum lot width shall be one -hundred (100) feet. Lot
widths shall be measured at the Front Yard setback line for each
lot as indicated on the Zoning Development Plan. Lot 7 lot width
shall be as shown on the on the approved Zoning Development
Plan.
Lot Depth: The minimum lot depth shall be one hundred twenty-five (125)
feet.
Lot Coverage: All buildings or structures shall have a maximum lot coverage not
exceeding thirty percent (30""') of the lot area, except the sum
total of accessory buildings shall not exceed 750 square feet.
Minimum House Size: All houses shall be a minimum of 3,500 s.f. in floor area.
A minimum 4' wide concrete sidewalk shall be required along the internal street
frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots
shall be as shown on the Zoning Development Plan and Pedestrian Access Plan.
Case No. Attachment C
ZA14-047 Page 2
Streets: A 31' B-B pavement section vwith standard 6" curb & 40' R.O.W. with 5'
S/VV & U.E. on both sides shall be provided along the frontage of all residential
lots.
Buffer lots: No buffer lots shall be required.
Maximum number of Dwelling Units and Cul-de-sac length: Section 5.03 I of the
Subdivision Ordinance shall be modified to allow a maximum number of dwelling
units on a cul-de-sac to be 26, and maximum cul-de-sac length to be 1,750 feet
(as shown on the approved Zoning Development Plan), with no requirement for
fire sprinklers for residences under 6,000 s.f.
Open Space Management Plan:
All Common Open Space shall be owned and maintained by a Homeowners
Association (HOA). All other areas shall be the responsibility of the individual
property owners, including the front yards and required streetscape trees of the
residential lots. All property owners shall be required to be a member of the
HOA. Dues assessments, required for the maintenance of the common areas and
other HOA activities, shall be mandatory.
The HOA shall be responsible for the maintenance and operation of the protected
open space within the development. The expenses required to maintain the
common areas at a quality level shall be estimated annually by the HOA Board,
and dues shall be determined and assessed on each property owner in an
equitable fashion at such a rate as necessary to maintain such a level of quality.
Authority to enforce these requirements, and to place a lien on the property if
such dues are not paid, shall be in the form of vlritten Deed Restrictions and
Covenants, agreed to by all property owners at purchase, and shall run with the
land.
Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the
unlikely event the HOA fails to maintain all or a portion of the protected open
space in reasonable order and condition, the City of Southlake may, but is not
required to, assume responsibility for it's maintenance and take corrective action,
including the provision of extended maintenance. The costs of such maintenance
may be charged to the HOA or individual property owners that make up the
HOA, and may include administrative costs and penalties which shall become a
lien on all property in the development.
Case No. Attachment C
ZA14-047 Page 3
Development Plans
Case No. Attachment C
ZA14-047 Page 4
Landscape Plan
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Case No. Attachment C
ZA14-047 Page 5
Tree Conservation Plan
Tree sizes Trrrl.
Trees less than 10" • +� • * 'ro
Trees 10' - ID" • .,,. o 0
Trees 20" - 30, • ^"'e °�""'�° • ze
Ownw. Trees greater than 30" •
Legend
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Engineer ' CYushe7renT.11 Glte 7rall
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Case #ZA14-047
Tree Conservation Plan Fusella Property
Samuel Freeman Survey, Ab t.d No. 525 Southlake, Tarrant Coarty, T—
Wall and Fence Diagram
Enginae
Planner. Sacrf au, wG
Retain e�isting fe ce i
6' Orna mental Mel
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Case #ZA14-047
®� Wall /Fence Diagram Fusella Property
Samuel Freeman Survey, PDStreR N0525 Southlake, Tarrant Fnunty, T—
SPIN
Meeting
Case No. Attachment C
ZA14-047 Page 6
USOUTHLAKE
CASE NO.
PROJECT NAME:
SPIN DISTRICT:
MEETING DATE:
MEETING LOCATION
SPIN MEETING REPORT
ZA14-047
Fusella Property
SPIN # 4
May 13, 2014; 6:00 PM
1400 Main Street, Southlake, TX
City Council Chambers
TOTAL ATTENDANCE: Thirty-seven (37)
• SPIN REPRESENTATIVE(S) PRESENT: David Alexander and Monique Schill
• APPLICANT(S) PRESENTING: Tom Matthews (214) 676-3434
• STAFF PRESENT: Patty Moos, Planner I
STAFF CONTACT: Patty Moos, Planner I: (817)748-8269 or pmoos ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
• The property is located at 409 Shady Lane
• Fusella property is land locked
• 1 existing house on properties
• Approximately 8 acres
Development Details:
• Currently zoned AG and SF-1
• Rezoning for RPUD for 7 residential lots with 1 open space lot.
• Access through the proposed Remington Estates
• Lots are approx. 1 acre, south lots
• Development regulations will be tied to the zoning.
• It is a separate zoning request from the Remington Estates zoning request.
• Land Use is Low Density Residential
Presented at SPIN:
Case No. Attachment C
ZA14-047 Page 7
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Engineer:
case #ZA14-047
Development & Pedestrian Access Plan
7 7
Fusella Property
Samuel Freeman Survey, Ab5 -t No. 525
Southlake, Tarrant County, Texas
FT --Types _ ---
E11111g7ree ' - T
Proposed Canopy Tree
Case #ZA14-047
Conceptual Landscape Plan Misella PYopePty
Southlake, Tarrant County, Terns
QUESTIONS / CONCERNS:
• Will this project be platted?
o No. this is just for the zoning of the property. Zoning the property to address the future
development of the property related to the proposed Remington Estates development.
• When will this go to the Planning and Zoning Commission?
o May 22, 2014
Case No. Attachment C
ZA14-047 Page 8
Meeting ended: 7:50 pm
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither verbatim nor official meeting
minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues and questions raised by residents and the general
responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to
follow the case through the Planning and Zoning Commission and final action by City Council.
Case No.
ZA14-047
Attachment C
Page 9
DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA14-047
Project Name: Fusella Property
Review No.: Two Revised
APPLICANT: Four Peaks-RM, Inc. and JTS
Holdings, LLC
Tom Matthews
2600 E Southlake Blvd. #120-323
Southlake, TX 76092
Phone: 214-676-3434
Email:
PLANNER: Sage Group
Date of Review: 7/30/14
Curtis Young
1130 N. Carroll Avenue. Ste.200
Southlake, TX 76092
Phone: 817-424-2626
Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/16/14
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 THE
APPROPRIATE STAFF MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos ci.southlake.tx.us
Note all existing structures and whether they are to remain or be removed. If structures and
existing use of the property is to remain, staff recommends addressing the intent to allow the
existing structures and use of the property to continue until which time the property is
developed under the conditions of this RPUD zoning district in the narrative and development
regualtions.
2. Provide cost estimate for the open space maintenance per Section 33.20 of the Subdivision
Ordinance. See the requirements at the end of this review under General Informational
Comments.
3. This development is dependent on right-of-way and street extension through the adjoining
development to the south and west. Additionally, in the Subdivision Ordinance, Article V,
5.01 E; Street and Right -of -Way Requirements; Half -Streets: Half -streets shall be prohibited
except where essential to the reasonable development of the subdivision in conformance with
other requirements of this ordinance, and where the Council finds it will be practicable to
obtain dedication when the adjoining land is platted. Full dedication and street construction
meeting Fire Department and Public Works requirements extending from Shady Lane or other
appropriate thoroughfare is required.
Case No. Attachment E
ZA14-047 Page 1
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS:
Please submit a Tree Conservation Plan with the Fusella Development Plan.
Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if any)
ii. Tree Survey or alternative to a tree survey
iii. 2-foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
V. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental constraints that are suitable for
development
X. Areas of encroachment into Critical Environmental Features identified on the site
A. Clear delineation, for each protected tree, of whether the tree will be preserved after
the proposed development is constructed, altered due to proposed improvements, or
could potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be
required to be shown only at the site plan stage for all development. Preliminary
plats shall, however, show building setbacks and general location of buildings and
infrastructure.)
xiv. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entities who own
the property and those persons or entities filing the application
Such additional information as the Administrative Official may reasonably require given the
particular characteristics of the property.
Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Alejandra Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala ci.southlake.tx.us
Case No. Attachment E
ZA14-047 Page 2
GENERAL COMMENTS:
Street intersections must comply with TDLR/ADA accessibility standards.
Sidewalk widths along Shady Lane must conform to the Southlake Pathways Plan.
Sight distances will be required to conform to AASHTO guidelines on adjacent collectors and
arterials.
Use the City of Southlake GPS monuments whenever possible. Information can be found in
the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
Detention ponds shall be dedicated by plat as drainage easements. The following note shall
be added to the 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.
Provide necessary easements for water, sanitary sewer and drainage. Easements shall be
15' minimum and located on one lot — not centered on the property line. A 20' easement is
required if both storm sewer and sanitary sewer will be located within the easement.
Water and sewer lines cannot cross property lines without being in a public easement or in the
ROW. All waterlines in easements or ROW must be constructed to City standards.
WATER AND SEWER COMMENTS:
1. Further review will be required with the civil construction plans for the water and sewer
extensions to Remington Estates.
The minimum sizes for public water and sanitary sewer lines are 8-inch diameter.
The water meters must be located in an easement or right-of-way.
All sewer lines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
1. Civil construction plans shall include calculations for the detention ponds. Pre and post
development runoff shall be captured in the detention ponds. The proposed detention ponds
shall control the discharge of the 2, 10 and 100 year storm events.
2. Provide a preliminary grading plan with 2 ft. contours.
3. The Proposed Drainage Area Map did not show where the runoff from Lots 1-7 will drain. A
secondary detention pond shall be required if post development runoff is increased.
Verify that the size, shape and/or location of the detention ponds, as depicted on the
development plan, are adequate to meet the detention requirements. Any changes to the size,
shape, and/or location of the proposed ponds may require a revision to the development plan
and may need to be approved by the Planning and Zoning Commission and the City Council.
Case No. Attachment E
ZA14-047 Page 3
Lot -to -lot drainage will not be allowed and grading plan should clearly depict how runoff will
discharge onto street and away from neighboring properties.
Calculations will be required to verify that the street and the proposed curb inlets will be able to
handle the volume of storm water at proposed conditions.
All storm sewers collecting runoff from the public street shall be RCP.
The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
Submit 4 copies of the civil construction plans (22" x 34" full size sheets) and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan
checklist, standard details and general notes which are located on the City's website.
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
A ROW permit shall be obtained from the Public Works Operations Department for
connections with the City's sewer, water or storm drain inlets. Contact Public Works
Operations at (817) 748-8082.
A Residential Developer Agreement shall be required for this development and may need to
be approved by the City Council prior to any construction of public infrastructure.
Construction plans for these improvements must be acceptable to Public Works prior to
placing the Developer's Agreement on the City Council agenda for consideration.
Payment, Performance and a separate 2-year Maintenance Bond for public infrastructure shall
be required for this development. The 2-year Maintenance Bond shall be bound only unto the
City of Southlake. The Maintenance Bond cannot be tied to the Performance and Payment
Bond in any way as required per the Commercial Developer Agreement.
Provide a geotechnical report which includes pavement design for the proposed public
roadway. The report shall include lime series for subgrade stabilization. Submit geotechnical
report to Public Works for approval prior to beginning construction of the pavement.
Any hazardous waste being discharged must be pretreated, Ordinance No. 836.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
Case No. Attachment E
ZA14-047 Page 4
GENERAL COMMENTS:
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.
FIRE LANE COMMENTS:
Fire apparatus access needs to be designed and maintained to support the imposed loads of
fire apparatus (minimum of 80,000 Ibs GVW). Fire access roads must be at least 31 ft. back of
curb to back of curb. (Standard street width) Plans do not indicate approved dimensions.
Fire apparatus access that will be a dead-end until the next phase of construction needs to be
provided with an approved turn -around for fire apparatus if the dead-end is more than 150 feet
long.
FIRE HYDRANT COMMENTS:
Hydrants required at maximum spacing for R-3 Occupancies is 400 feet for subdivisions with
un-sprinkled homes. (Hydrants need to be located as close as possible to dead end area of
cul-de-sacs on both streets within subdivision)
Hydrants are required at intersecting streets and at intermediate locations between as
prescribed above, measured as the hose would be laid. (Hydrants not easily distinguishable
on plans)
Community Service/Parks Department Review
Peter Kao
Construction Manager
817-748-8607
pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if
requesting fee credits. Please contact the Community Services Department at (817) 748-8607 for
further details.
Land/park dedication requirements:
2. Residential park dedication fees may be required in the amount of $3000 per lot or dwelling unit.
Case No. Attachment E
ZA14-047 Page 5
General Informational Comments
The City of Southlake recommends meeting with the adjacent property owners regarding this
project prior to the Planning and Zoning Commission meeting.
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,;
Overlay Zones.
Demolition Permits will be required for all structures to be removed with this project.
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
Developer's Agreement:
33.20 OPEN SPACE MANAGEMENT PLANS — For all development proposing any private or
public open space, an open space management plan is required that:
1. Generally describes or illustrates intended uses of the open space, such as natural
vegetation preservation areas, gardens, trails, playgrounds, and/or other facilities;
2. Allocates responsibility and guidelines for the maintenance and operation of the open space
and any facilities located thereon, including provisions for ongoing maintenance and for long-
term capital improvements;
3. Provides an estimate of the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and an outline showing the means by which
such funding will be obtained or provided;
4. Provides that any changes to the plan be approved by the City Council;
5. Provides for enforcement of the plan; and
6. Provides that, in the event the party responsible for maintenance of the open space fails to
maintain all or any portion in reasonable order and condition, the City of Southlake may, but is
not required to, assume responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance. The costs of such
maintenance may be charged to the owner, Homeowner's Association, or to the individual
property owners that make up the Homeowner's Association, and may include administrative
costs and penalties. Such costs shall become a lien on all subdivision properties. (As
amended by Ordinance No. 480-FFFF)
Denotes Informational Comment
Case No. Attachment E
ZA14-047 Page 6
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Fusella Property
® 280 B,p
2610 sue
2426 2504
516 2508 26 0 2626 2832
504 LN 2503 2505
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2300 2354 2540 0
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Owner
Zoning
Address
Acreage
Response
1
Carpenter, April Renee
SF1-A
2711 Rolling Ln
1.10
0
2
Standifer, Edward G Etux Edith
SF1-A
2621 Rolling Ln
1.10
NR
3
Drescher, Jay M Etux Susan M
SF1-A
2505 Rolling Ln
1.06
NR
4
Miller, Timothy C Etux Donna
SF1-A
2509 Rolling Ln
1.12
NR
5
McCrummen, Ronald & Denise L
SF1-A
2613 Rolling Ln
1.04
NR
6
Frieling, John Etux Dana
SF1-A
445 Shady Ln
1.96
0
7.
Lance, Carol Ann
AG
413 Shady Ln
2.85
NR
8
Fusella, Robert A Etux Michel
AG
409 Shady Ln
3.70
F
9
Fusella, Robert A & Michel V
SF1-A
409 Shady Ln
4.07
F
10.
Barbaria, Dhirajlal Etux Jaya
SF1-A
435 Shady Ln
1.90
0
11.
Rogers, Janet E
SF1-A
425 Shady Ln
1.98
0
12
Clary, Richard E Etux Helen
SF1-A
415 Shady Ln
1.92
0
Case No. Attachment E
ZA14-047 Page 7
13.
Bradford, Tim D Etux Linda R
SF1-A
405 Shady Ln
2.13
F
14.
Mertz, James N Etux Karen E
AG
409 Shady Ln
8.66
F
15.
Aufricht, Cody R Etux Jennifer
SF1-A
2810 Rolling Ln
3.82
0
16.
Superintendent of Carroll ISD
2400 N Carroll Ave
NR
Superintendent of Grapevine
17.
Colleyville ISD
3051 Ira E Woods Ave
NR
18
Superintendent of Northwest ISD
PO Box 77070
NR
19
Superintendent of Keller ISD
350 Keller Pkwy
NR
20
City of Grapevine
P.O. Box 95104
NR
F: In Favor
Notices Sent:
O: Opposed To
Fifteen (15)
U: Undecided NR: No Response
Responses Received: In Favor: 3 Opposed: 6 Undecided: No Response: 5
Responses not included in Property Owners Map
Responses Received: In Favor: 0 No Response: 0 Opposed: 1
Responses outside 200 ft. radius
May 20, 2014 Planning and Zoning Commission meeting:
Opposed:
Maggi, Kristin
Maggi, Deno
Azamar, Peter
Buban, Antonia
Dowd, Carol
Dowd, David
Satcher, Paula
Satcher, Scott
Sheffield, Brent
Locklin, Paul
Apple, Jennifer
Apple, Karen Booth
Apple, Stephen Wade, III
Case No. Attachment E
ZA14-047 Page 8
Apple, Stephen W., Sr.
Urbanosky, AC
Gildenblatt, Tom
Bentley, Kathy
DePue, Jim
Cannilla, Reta
Lester, Tom
Lehmann, Jean
Vodraska, Angela
Stanhope, David
Johnson, Susan
Satterfield, Lloyd
Case No. Attachment E
ZA14-047 Page 9
May 16 14 08:07a MIDDI_ETONIROGERS
8173103625 p,1
(Notification Response Form
ZA 14-047
Meeting Date: May 22, 2014 at 6:30 PM
Rogers, Janet E
425 Shady Ln
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 noted above, are hereby
in favor of bppOsed undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above -
Space for comments regarding your position:
Ve V \_l (D D i ) US e r4 t--ri i`
Signature. Date: ; ..
Additional Signature:-�1�-,� Date:
Printed Names): �' i V
Must be property owners) whose narne(s) are pi rd d WpO erwise nlact the planning Department, one form per property.
Phone Number (optional):(-
-
Case No. Attachment E
ZA14-047 Page 10
Uu'zii 4cl4 U3. jam U1/4lo74Uz? IKCI_U=A LLU t'PA*- Uh/07
Notification Response Form
ZA 14-047 -
Meeting Date: May 22, 2014 at 6:30 PM
Aufricht, Cody R Etux Jennifer
2810 Rolling Ln
Southiake Tx 76092
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE tCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are herby
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:
-1415 ► S -,-a 1!{q1 & -1 AJ -ZT .G
l!;a-cri'► EVI T- --ram _ 044Tr- Oil
-tom 1�1--
oaf mT 0m,� t ' mwe ore -
t� rawt-PLy lac-�ci1Y
Signature:
Additional
Printed Nai
Must be. property a
Phone Nun
Case No. Attachment E
ZA14-047 Page 11
May 21 14 03:14p A:41H
ZA14-047
,Meeting Date: May 22, 2014 at 6:30 PAR
817-704-3712 p_1
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)
tie proposed Zoning Change and Devefopment Plan referenced above.
Space for comments regarding your position:
Signature: 7t� ~`- Date:
Additicnal Signature:
Date:
Printed Name(s): f-2 t { L-
Muet be property owierts; wrote neme(s) are p*ted ai icp. OthorvAse cor4arA the Planning Department One foam per property
Phone Dumber (optional): �� � . _?J� _ 4-1 ��,
Ira --
Case No. Attachment E
ZA14-047 Page 12
bb/21/2b14 b'i:5br?4 8 741.6945= TRELOGN 11C PAGE
Notification Response Form
ZA14-o47
Meeting Dato; May 22, 2014 at 6:30 PM
Carpenter, April Renee
2711 Rolling Ln
South lake 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 proposed Zoning Change and Devolopmont Plan referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Date: _ --X /�/
Date:
Printed Name(s):
httcst me PmrA-.rty rouner(%) whose namely) Ere pintcl st tnp Otherwise uL-ntact the Planring DepMmwtt. Clio form pw propaq
Phone Number (optional): _ 17 ) y-2 Y_ -.j v;j /'
Case No. Attachment E
ZA14-047 Page 13
Notification Response Form
ZA14-047
Meeting Date: May 22, 2014 at 6:30 PM
City of Grapevine
P.O. Box 96104
Grapevine Tx 76099
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 sc noted above, are hereby
in favor of osed undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Date:. rLle&
Date:
L. - J
Printed Narne(s): 06 WY
Muet he properly owner(s) whose names) are panted at top. Othevwse cornam the Flom ig Dec artmert One form per property
Phone Number (optional):
Case No. Attachment E
ZA14-047 Page 14
ba/ zu 1014 Ny: bbW 81 /41by4bb TREL SIX LLC PARE 01/07
nu111n:Auu/t Ramponve roan
ZA14-047
Meeting Date: May 22, 2014 at 5:30 PM
PLEASE PROVIDE COMPLETED FORMS VIA MAIL., FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of theRfq2prty so noted above, are hereby
in favor of `apposed to undecided about
(circle or underline one)
the proposed Zoning Change and Deveiopment Plan referenced above.
Space for comments regarding your position:
Signatu
Additional Signature:
Date:
Date:
Printed Name(s): 6V�
tAaet De ProP�f' ewnsr(8) Mtow (!a} nrs Da'nbd ftwvA ow a a Use PMnriq D� L One form per p "ay.
Phone Number (optional): 1 T7
Case No.
ZA14-047
Attachment E
Page 15
Notification Response Form
ZA 14-047
Meeting Date: May 22, 2014 at 6:30 PM
Frieling, John Etux Dana
445 Shady Ln
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 �6pposed to' undecided about
(circle or underline one)
the proposed Zoning Change and Development Plan referenced above.
Space for comments regarding your position:
Signature:
0 —A
Additional Signature:
Printed Name(s): ")c)hn Fri e) i
Must be property owner(s) whose names) we printed at top.
Phone Number (optional):
contact the Planning
Date: S Imo}
Date: S
One form per property.
Case No. Attachment E
ZA14-047 Page 16
Notification Response Form
ZA14-04T
Meeting Daft: May 22, 2014 of 6:30 PU - '' 1111ilknefoptneW ServiCes
Mertz, James N Etux Karen E
1402 Whispering Dell Ct
Southlake Tx 76092
--. Fes:•; • �. -_ :° '�__ .
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
(HE
of / opposed to undecided about
(srcie or underiine onc)
the proposed Zoning Change and Develooment Plan referenced above.
Space for comments regarding your position:
Signature: - -- Date: 5/LlIV
I
Additional Signature: Date: �� y
Printed Name(s): T4*sS
Mat be property wmr(s) whose rw **) are
Phone Number (optional):
Case No.
ZA14-047
IC3r�n f/i r�Z
contact the Planning Deparbnertt: Om form per DroDMV-
Attachment E
Page 17
Case No. Attachment E
ZA14-047 Page 18
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-669
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 DESCRIBED AS TRACTS 2A, 2A2A
AND 2A3, S. FREEMAN SURVEY, ABSTRACT NO. 525, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 8.25 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY
RESIDENTIAL 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 and "SF-1A" Single Family Residential 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 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,
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 2A, 2A2A and 2A3, S. Freeman Survey S.
Freeman Survey, Abstract No. 525, City of Southlake, Tarrant County, Texas,
being approximately 8.25 acres, and more fully and completely described in
Exhibit "A" from "AG" Agricultural District and "SF-1A" Single Family Residential
District to "R-PUD" Residential Planned Unit Development District as depicted
on the approved Development Plan attached hereto and incorporated herein as
Exhibit "B",
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 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 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 5t" day of August, 2014.
MAYOR
ATTEST:
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:
WNmmIl 1.111 V-Al
RESERVED FOR METES AND BOUNDS DESCRIPTION
EXHIBIT "B"
RESERVED FOR APPROVED DEVELOPMENT PLAN