Item 6ACITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
March 9, 2015
CASE NO: ZA15-007
PROJECT: Zoning Change and Development Plan for 3010 Burney Lane
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SUMMARY: On behalf of Patti and Tom Del Valle, Brian McDonald with Archiverde, LLC is
requesting 2nd reading approval of a Zoning Change and Development Plan for 3000
and 3010 Burney Ln. on property described as Lots 1 R and 2R, R. D. Price No. 1207
Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at
3000 and 3010 Burney Ln. Current Zoning: "R-PUD" Residential Planned Unit
Development District. Requested Zoning: "R-PUD" Residential Planned Unit
Development District. SPIN Neighborhood # 2.
REQUEST
DETAILS: The applicant is requesting 2nd reading approval of a Zoning Change and Development
Plan to amend the current R-PUD zoning for 3000 and 3010 Burney Ln. The requested
changes to the R-PUD zoning are to modify the footprint of the buildable area and to
revise the Tree Conservation Plan and the R-PUD regulations for Lot 1 R located at
3010 Burney Ln. The proposed changed to the R-PUD zoning are summarized in the
chart below:
Approved R-PUD
Proposed R-PUD
Buildable area on
10,633 square feet
10,600 square feet
Lot 1 R
Maximum height
45'
3 stories and 45'
All trees within the property shall
All trees within the property shall be saved
be saved except those located in
except those located in the designated building
Tree Preservation
the designated building pad,
driveways, proposed accessory
pad, driveways, proposed accessory
structures/uses, and a 20' buffer
structures/uses, future irrigation pond and a
from said areas.
20' buffer from said areas.
Disturbance of areas within the tree
Disturbance of areas within the
preservation easements shall be limited to
Tree Preservation
tree preservation easements
small foot paths, drainage improvements, and
Easements
shall be limited to small foot
wrought iron fencing which does not
paths, drainage improvements.
impede water flow or require removal of
protected trees.
Case No.
ZA15-007
Fencing height
5'
67
Fencing shall not exceed the
Fencing shall not exceed the area depicted on
area depicted on the
the development plan and shall enclose the
Development Plan, shall not
backyard/pool area, and shall not require
infringe upon the Tree
removal of trees greater than 4" in
Fencing location
Preservation Easement, and
diameter. Fe.,ring shall not infringe upon the
fencing for enclosure of the
Tree Preservation Easew,e^+. Fencing may
backyard/ pool area shall not
be located on the property line where
require removal of trees greater
applicable and shall not impede natural
than 4" in diameter.
drainage flow.
No changes to the existing R-PUD zoning on the southern lot (Lot 2R) in the R-PUD
development at 3000 Burney Ln. are proposed. Unless otherwise noted, all previous
conditions of approval remain in effect.
ACTION NEEDED: 1) Conduct a public hearing
2) Consider 2nd reading approval of a Zoning Change and Development Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint Presentation
(D) Revised Development Plan Review Summary No. 2, dated February 24,
2015
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-510B
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (817)748-8067
Richard Schell (817)748-8602
Case No.
ZA15-007
BACKGROUND INFORMATION
APPLICANT: Brian McDonald with Archiverde,LLC
PROPERTY SITUATION: 3000, and 3010 Burney Lane
LEGAL DESCRIPTION: Lots 1 R & 2R, R.D. Price No. 1207 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "R-PUD" Residential Planned Unit Development
REQUESTED ZONING: "R-PUD" Residential Planned Unit Development
HISTORY: June 16, 1992; City Council approved (7-0) a plat for the southernmost portion
of this request (Case ZA92-022). That plat was never recorded with Tarrant
County Clerk.
July 7, 1992; City Council approved (4-0) Ordinance No. 480-71, Case ZA92-
021, changing the zoning on Tract 7, Rees D. Price Survey, Abstract No. 1207
from "AG" Agricultural District to "SF-1A" Single Family Residential District.
January 16, 2007; City Council approved Ordinance No. 480-510, Case ZA06-
042, Zoning Change & Development Plan for 4.03 acres.
October 16, 2007; City Council approved a Plat Showing for two lots (Case
ZA07-116)
December 3, 2007; a Plat Showing for two (2) lots was filed in the Plat Records
of Tarrant County Texas.
June 16, 2009; City Council approved a Zoning Change & Development Plan
(ZA09-013) from "SF-1A" Single Family Residential and "R-PUD" Residential
Planned Unit Development to "R-PUD" Residential Planned Unit Development
for the development of two (2) residential lots on approximately 5.05 acres
located at 2988, 3000, and 3010 Burney Ln. The request amended the
boundary of the existing "R-PUD" zoning district, which allowed for two (2)
residential lots on 4.03 acres, to incorporate into the PUD another 1.02 acres
adjacent to the south. Three (3) lots were reduced to two (2) lots by this
zoning change.
June 16, 2009; City Council approved a Plat Revision (ZA09-014) forLots1R
and 2R, R. D. Price No. 1207 Addition and the plat was filed August 10, 2009.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
Existing Area Road Network and Conditions
Case No. Attachment A
ZA15-007 Page 1
The property has access onto Burney Lane through an existing private access
easement on an adjacent property.
Currently, Burney Lane is a 2-lane, undivided residential roadway. No plans for
improvement in the near future have been made for Burney Lane.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan does not make any recommendations
adjacent to the site.
WATER & SEWER: The site will be serviced by an 8" water line in Burney Lane through an existing
utility and common access easement. No wastewater facilities are available to
this property. As such, each lot will have an On -Site Sewage Facility (OSSF).
DRAINAGE ANALYSIS: The property drains onto the Corps of Engineers property for Lake Grapevine.
Should a grading plan presented at the building permit stage show potential for
creating an adverse impact on adjacent properties, a drainage swale or other
drainage improvements may be required by staff to be located on the
southernmost property line.
TREE PRESERVATION: The existing and proposed R-PUD regulations call for 29% of the total area of
both lots combined to be in Tree Preservation Easements. No changes to the
existing Tree Preservation Easements are proposed. The applicant is also
proposing that trees be allowed to be removed in the area of a future irrigation
pond in addition to the designated building pad, driveways, proposed
accessory structures/uses, and a 20' buffer from said areas as was allowed in
the previously approved R-PUD zoning.
PLANNING AND ZONING
COMMISSION ACTION: February 19, 2015; Approved (4-0) subject to Revised Development Plan
Review Summary No. 2, dated February 19, 2015, subject to the staff report
dated February 19, 2015.
CITY COUNCIL ACTION: March 3, 2015; Approved (7-0) noting the modifications to the footprint of the
building area and the revised Tree Conservation Plan and including the staff
report dated February 24, 2015.
STAFF COMMENTS: Attached is Revised Development Plan Review Summary No. 2, dated
February 24, 2015. The motions for approval of the existing Zoning Change
and Development Plan that was approved by City Council at 2nd reading on
June 16, 2009 are below.
Planning and Zoning Commission:
May 21, 2009; Approved (5-0) noting that Letter `A' of Development
Regulations will be returned to the original R-PUD height limitation of forty-five
feet (45') while allowing the applicant the opportunity to construct an
observation tower not to exceed 300 square feet whose roof height shall not
exceed fifty -feet (50') in height measured at the roof's ridge; subject to Staff
Review Summary No. 2, dated May 15, 2009.
City Council:
June 2, 2009; Approved at 1st reading (4-3) subject to the applicant's
Case No. Attachment A
ZA15-007 Page 2
representations tonight; accepting the applicant's agreement to review the
adjustment of the septic fields and moving them closer to the home; accepting
the applicant's willingness to look at areas where the building envelope can be
reduced; applicant to look at areas where the tree preservation areas can be
expanded and will submit those to staff in advance of the next meeting allowing
sufficient time for those documents to be reviewed by staff who will complete a
comparison of this layout versus two lots; accepting the applicant's
commitment that if the pool is drained, they will consult with the City's
environmental coordinator to ensure that any discharge will meet City
ordinance and State requirements and will also get back to City Council on the
requirements with respect to the pool backwash to determine how that will be
handled; accepting the applicant's commitment that the placement of fencing
would not be cause for the removal of trees and he will review his fencing plan
and give Council a revised fencing plan that will pull the fence back from the
currently specified tree area and closer to the building envelope; accepting
applicant's willingness to review lot coverage which will most likely be less that
14%; and subject to Development Review Summary No. 2, dated May 15,
2009.
June 16, 2009; Approved at 2nd Reading (6-0) subject to Development
Plan Review Summary No. 3, dated June 10, 2009 adding the additional
changes to previously noted changes from applicant; requiring the pool
filtration system to be a cartridge -type; allowing no horses or equestrian
uses; and subject to staff's presentation tonight.
Case No. Attachment A
ZA15-007 Page 3
Vicinity Map
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Case No. Attachment B
ZA15-007 Page 1
:Tom ME" 9kiFANM1I1y/4
3010 BURNEY LANE
CASE NO. ZA15-007
NARRATIVE:
The house and landscape has been sensitively designed with the site as a priority. Taking
advantage of the 270 degree views from the pad site, the utility eservices and garage have been
located on the southwest side of the lot. Additionally, the placement of the garage on the west
side provides a beautiful front house fagade as well as an energy savings from the west sun. With
the current PUD plan the room required for the garage backing into the driveway would have
extended into the tree preservation zone. The house was therefore shifted approximately 9.5 feet
towards the east to allow for the preservation of existing trees as well as creating an additional
buffer area between the adjacent neighbor.
In addition to requesting a slight shift of the building envelope, we are also requesting a slight
modification of the building envelope shape. We think this allows for a more interesting and
aesthetically pleasing house that includes protected courtyards and spectacular outdoor spaces.
Even with the proposed shift and reconfiguration of the building envelope, the total area
including structure, covered porches, pool area, and driveway backup motor court is within the
maximum total surface area of the existing PUD.
The overall spirit and intent of the design of the house and landscape is to take advantage of the
natural beauty of the site, preserve as many trees as possible, and to provide a buffer for privacy
between neighbors; while still complying with the parameters of the PUD and in respect of the
City of Southlake Development code.
Case No. Attachment C
ZA15-007 Page 1
I:a 101Il N *eU1 A_l I Is] 0K
DEVELOPMENT REGULATIONS
Statham -Eddins R-PUD District
The Statham -Eddins R-PUD District will adhere to the uses and regulations of Section 11 of
Zoning Ordinance No. 480, as amended ("SF-1A" Single -Family Residential District) except
for the following changes:
Development Regulations — In this district, the following development regulations shall be
applicable:
a. Height: No building or structure shall exceed three stories nor shall it exceed 45'.
b. Front Yard: The front yard shall be as shown on the approved Development Plan
c. Side Yard: Side yards shall be as shown on the approved Development Plan
d. Rear Yard: The rear yard shall be as shown on the approved Development Plan
e. Maximum Lot Coverage: All buildings or structures shall have a maximum lot
coverage not exceeding fourteen percent (14%) of the lot area, including all principal
and accessory structures.
f. Lot area: The minimum area of a lot shall be eighty-seven thousand nine hundred
fifty-one (87,951) square feet.
g. Lot Dimensions: Dimensions of lots shall be as shown on the approved Development
Plan
h. Floor Area: The main residence shall contain a minimum of three thousand (3,000)
square feet of floor area.
i. Maximum Residential Density: The maximum number of dwelling unit per acre shall
be 0.4.
j. Accessory Structure Standards shall adhere to the standards as defined in Section
11.5 of Zoning Ordinance No. 480, as amended, except that the sum total of all
accessory buildings on the lot shall not exceed 1,000 square feet.
k. Tree Preservation — All trees within the property shall be saved except those located
in the designated building pad, driveways, proposed accessory structures/uses,
future irrigation pond and a 20' buffer from said areas. All attempts will be made to
save trees, but some not within the designated Tree Preservation Easements may
be removed due to development conditions.
I. Tree Preservation Easements — Disturbance of areas within the tree preservation
easements shall be limited to small foot paths, drainage improvements, franchise
utility installation, and wrought iron fencing which does not impede water flow or
require removal of protected trees.
Case No. Attachment C
ZA15-007 Page 2
m. Access — Due to environmental considerations, all lots shall be permitted to front
private access easement rather than a public street and there shall be no sidewalks
required. Access shall meet the minimum fire department requirements.
Fencing — Fencing shall be restricted to a maximum of six (6) feet unless otherwise
mandated by any other city, state, or safety requirements and shall be wrought iron
or a powder coating of that style of fence. Said fencing shall not exceed the area
depicted on the development plan and shall enclose the backyard/pool area, and
shall not require removal of trees greater than 4" in diameter. Fencing may be
located on the property line where applicable and shall not impede natural drainage
flow. Fencing shall completely enclose the pool area. Fencing for any sport court
use shall not exceed fourteen (14) feet in height and shall be of a black- or green -
coated chain link type.
o. On -Site Sewage Facility (OSSF) — OSSF systems shall be designed so that no
septic field is located within the Corps of Engineers Flowage Easement nor shall any
aerobic system spray directly into the elevation contour of 574-feet.
p. Swimming Pool / Spa — The swimming pool will be designed with a filtration cartridge
system. For any swimming pool design, the pool's filtration system shall be designed
to ensure that no salt water will discharge onto the natural grade in order to protect
existing, natural vegetation. In the event the pool must be drained, an
Environmental Engineer shall be consulted in advance for sampling/testing of the
pool water to ensure that draining the pool will not have a detrimental impact on
natural vegetation in the area due to the salt, chlorine or other chemical content in
the water. If the City of Southlake determines that the water will likely have a
detrimental impact on the natural vegetation in the area, the pool shall be drained by
use of a mobile pump truck or other mechanism to prevent drainage on the property.
Equestrian Use — Equestrian uses shall not be permitted within this Residential
Planned Unit Development
Case No. Attachment C
ZA15-007 Page 3
QAVMi We] :1MIMikiki»e1ki
Case No. Attachment C
ZA15-007 Page 4
REVISED DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA15-007 Review No.: Two Date of Review: 02/24/15
Project Name: Development Plan — 3010 Burney Lane
letUUI167Ak11a__ 7", LyiMI 0 i�1Cl
Archiverde, LLC
6115 Owens St. Suite 228
Dallas, TX 75235
Phone: (214) 920-9950
E-mail: brianmcdonald@archiverde-us.com
191TAkIEll :aaqu TIM0C•Tii11ZatypiIrl
2401 Carlisle Ave.
Colleyville, TX
Phone: (817) 721-8713
E-mail: tdelvalle@g2securestaff.com
aadelvallea-att.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/02/15 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) 748-8602.
The Tree Preservation Plan must conform to the proposed R-PUD regulations and the Development
Plan.
a. The 20' buffer does not extend around the bocce ball court shown, so please verify that the
trees in that area are to be preserved.
2. Please keep in mind that the regulations still apply to both lots even though the home on the southern
lot has already been built. Make the following revisions to the R-PUD regulations:
a. For the changes to the regulations to allow the fencing to be 6' instead of 5' and to allow
fencing in the Tree Preservation Easements, please specify if those requirements only apply to
Lot 1 R, or if the requirements are intended to also apply to Lot 2R.
3. Provide a grading plan showing existing and proposed finished grades of the site with contour intervals
not exceeding two (2) feet. Label spot elevations at all critical points, including but not limited to edges
of pavement, curb returns, building corners, drainage paths, etc. Include directional flow arrows in all
flow lines, and all existing drainage structures labeled with size, type and flow line elevation. Also
show centerline of water courses and existing drainage easements.
4. Note the City approved benchmark used for topographical information.
Case No. Attachment D
ZA15-007 Page 1
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
II:7Ell ;Kde]kR]Ell li%IEel k[d01LY,I►YilEll kIII &I
1. The Tree Preservation Plan must conform to the proposed R-PUD regulations and the Development
Plan. The 20' buffer does not extend around the bocce ball court shown, so please verify that the trees
in that area are to be preserved.
Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the approved
Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved
by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities,
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Alex Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
The property drains onto the Corps of Engineers property for Lake Grapevine. Should a grading plan
presented at the building permit stage show potential for creating an adverse impact on adjacent
properties, a drainage swale or other drainage improvements may be required by staff to be located on
the southernmost property line.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: klements@ci.southlake.tx.us
GENERAL COMMENTS:
An automatic fire sprinkler system will be required for residences over 6,000 square feet. (Per 2012
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:
Case No. Attachment D
ZA15-007 Page 2
Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of
the residence on a "hose -lay" basis of the sprinkled residence. Fire apparatus access needs to be an
all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed
loads of fire apparatus. (A minimum of 80,000 pounds GVW)
If fire apparatus access is required further than 150 feet from the public street, and approved turn-
around must be provided for fire apparatus. This approved turn -around must be placed at a point
where the apparatus will not be required to back-up more than 150 feet to turn around and exit the
property.
FIRE HYDRANT COMMENTS:
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.
General Informational Comments
Staff strongly recommends contacting Philip Rodriguez in the City Manager's Office to determine if a
SPIN meeting would be beneficial to your application. Philip can be contacted by phone at (817) 748-
8029 or by e-mail at prodriguez@ci.southlake.tx.us.
The previous approval of the Tree Preservation Plan required a minimum Tree Preservation Easement
Area of 29% for the entire R-PUD. The Tree Preservation Easement Area is unchanged with this
request.
All mechanical equipment must be screened of view from right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
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.
Denotes Informational Comment
Case No. Attachment D
ZA15-007 Page 3
Surrounding Property Owners
3000 and 3010 Burney Lane
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3�
3560
N 1020 1040
M AI 3530 CT 1060
961
0 0
3520 3525
u� v
M 3530
`?O 3570 3560
�O 3595
0 1085
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SPO #
Owner
Zoning JM
Physical Address
Acreage
Response
1
Ault, Gloria R
SF1-A
3570 BURNEY LN
0.97
NR
2
Curtis, Mary Kathryn
SF1-A
3580 BURNEY LN
1.07
NR
3
George, David W
SF1-A
2984 BURNEY LN
1.10
NR
4
Housmans, Errol V Etux Leslie
SF1-A
2970 BURNEY LN
1.86
NR
5
USA— Lake Grapevine
AG
LAKE GRAPEVINE
310.70
NR
6
Eastwood, Wm S Etux Kollis A
SF1-A
3530 CARMEL CT
1.08
NR
7
Burnett, Patricia H
SF1-A
3510 BURNEY LN
2.05
NR
8
George, David
SF1-A
2980 BURNEY LN
0.81
NR
9
Del Valle, Thomas Etux Patrici
RPUD
3010 BURNEY LN
2.13
NR
10
Miles, Marylyn E & Etal
AG
3185 SOUTHLAKE PARK DR
9.73
NR
11
Eddins, Michelle R
RPUD
3000 BURNEY LN
3.09
NR
12
U S A — Corps of Engineers
AG
CORPS OF ENGINEERS
110.39
NR
Responses: F: In Favor O: Opposed To U: Undecided
NR: No Response
Case No.
ZA15-007
Attachment E
Page 1
Surrounding Property Owner Responses
Notices Sent: Ten (10)
Responses Received Within 200': None (0)
Responses Received Outside 200': Two (2) - Attached
Case No. Attachment E
ZA15-007 Page 2
Responses Received Outside 200'
rrom:
Date: ommaly ri, euib at L:AI'�:o. PM CST
To: kbaker@ci.southlake_tx,us
Subject: 3010 burney Ln. (Delvalle)
Dear Mr. Baker,
I'm writing to you on behalf of the property located at 3010 Sumey Ln., which was recently
purchased by Tom and Patti Delvalle. I have to say that as a neighbor and custom homebuidder
myself that it gives me great pleasure to see such commitment and enthusiasm that these
individuals have shown. The due diligence that the Delvalle's have put in to this project stem from a
passion for the property that had begun years before the purchase of the lot. If you have ever visited
the property, which I highly encourage, you would find an awe-inspiring piece of land that is
unparalleled with anything around this area. This property is on route for my nightly walk and I often
found myself starring at a blank canvas imagining what type of home should be built there. I can't
tell you how ecstatic I was to find someone who approached this property with not only the same
technique but with as much vision and passion for the property as 1.
I cringed the day I saw the sold sign go up thinking it would be tamished with the typical run of the
mill custom home that has saturated the local market in the recent years, i was sure it would be
custom and expensive of course but I found it hand to fathom that someone also could have the
same respect and vision for what the property absolutely longed for! This personal dilemma all
changed from the moment I met with the owners Tom and Patti.
Much of the custom homebuilding process includes a two-way street when it comes to the
interviewing process. We the builders interview and make our own assumptions of a potential client
just as much as they do for us. That said, the Delvalle's struck me as extremely unique in the
passion they exuded for this property. Every aspect of the project has been meticulously
researched and chosen with the utmost care. I personally visited the current home of the Delvalle's
in Colleyville with anticipation of seeing the future plans which have evolved into a jaw dropping and
miraculous achievement that could have only been accomplished by the acclaimed Architect David
Stocker. I knew at that moment that this was the house begging to be built not only at 3010 but
also in Southlake in general. This property will inspire a fresh movement for architecture in the area
and will establish a new pedestal for builders, architects, and clients to achieve.
I understand that the Delvalle's have experienced a great burden trying to get this project underway
and I empathize with them on this process. I have NEVER had a client show such persistence in a
property and most would have already resold the land and started over. it is this with this
persistence that I know this project will fbilow through with the upmost care and attention to detail.
The property backs to core of engineer land and has been continually abused and mistreated by
loitering individuals who feel that leaving trash and burning fires is the best use of this land. The
Dehvalles have expressed great concern with this issue and although I walk by there every night, I
can only do so much to monitor these situations. Having this home there will hopefully be the first
step in the conservation of the surrounding land.
Although I'm not the builder for this home, 1 have expressed to the Delvelle's that I will be walking
the property everyday as if I were building under my name. I can't express the sigh of relief that I
feel knowing that this lot is currently in the hands of someone who truly cares about the vision of
this property. Although I have never been more envious of another builder until now, I look forward to
the completion of the project and welcome such great neighbors with open armsl
Sincerely Alex Tumey
Please call if you have any questions!
(817) 360-9595
Case No. Attachment E
ZA15-007 Page 3
13CPTy or
SOUTHLAKE Holly Blake <hblake@ci. south lake. tx. us>
Fwd: 3010 Burney Lane
1 message
Ken Baker <kbaker@ci.southlake.tx.gs> Mon, Feb 9, 2015 at 4:34 PM
To: Richard Schell <rschell@ci.south lake.tx.us>, Dennis Killough <dkillough@ci.southlake.tx.us>, Holly Blake
<hblake@ci.southlake.tx.us>
Please place in the Zoning file for inclusion in the staff report. Thanks.
------ Forwarded message -------
From: JONATHAN SNOOK
Date: Mon, Feb 9, 2015 at 7:55 AM
Subject: 3010 Burney Lane
To: kbaker@ci.southlake.tx.us
Cc: Anette Snook < " - --n>
Mr. Baker
My name is Jon Snook and I live at 3545 Carmel Court, Southlake with my family Anette and two children Toby
and Julia.
We are aware of plans to build a new home in our neighborhood at 3010 Burney Lane and wanted to write to you
in support of the proposed construction. The Del Valle family have shared their plans with us and we think that
the property as proposed would be a great addition to the neighborhood and has been designed in a way that is
sympathetic to both the environment and to the other properties in the vicinity.
We believe the Del Valle family would be good stewards of the land and the property.
Thanks
Jon and Anette Snook
Kenneth M. Baker, AICP
Senior Director of Planning and Development Services
City of Southlake
1400 Main Street - Suite 310
Southlake, TX 76092
817-748-8067
Case No. Attachment E
ZA15-007 Page 4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-510b
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 LOTS 1RAND
2R, R.D. PRICE NO. 1207 ADDITION, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "R-PUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT 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 "R-PUD" Residential Planned Unit
Development 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
Case No. Attachment F
ZA15-007 Page 1
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,
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
Case No. Attachment F
ZA15-007 Page 2
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 Lots 1 R and 2R, R.D. Price No. 1207 Addition, an addition to the City of Southlake, Tarrant County,
Texas, being approximately 5.05 acres, and more fully and completely described in Exhibit "A" from "R-PUD"
Residential Planned Unit Development 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," and subject to the following:
Reserved for the approved R-PUD Regulations
City Council 2nd reading motion for approval of Ordinance No. 480-510a on June 16, 2009:
1. Subject to the presentation provided by staff at the June 16, 2009 Regular City Council meeting;
2. Subject to the use of the pool filtration cartridge system as defined by the applicant at the June 16,
2009 Regular City Council meeting;
3. Not permitting any equestrian use on the property; and
4. Subject to the Staff Report dated June 10, 2009
City Council 1st reading motion for approval of Ordinance No. 480-510b:
March 3, 2015; Approved (4-0) noting the modifications to the footprint and building area and the revised
Tree Conservation Plan and including the staff report dated February 124, 2015.
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.
Case No. Attachment F
ZA15-007 Page 3
MME" IEel ki[!
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.
l;�ME" IEel kIW
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
Case No. Attachment F
ZA15-007 Page 4
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.
l;�ME" IEel kWa
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 3Id day of March, 2015.
John Terrell, MAYOR
ATTEST:
Lori Payne, CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2015.
Case No. Attachment F
ZA15-007 Page 5
John Terrell, MAYOR
ATTEST:
Lori Payne, CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA15-007 Page 6
EXHIBIT "A"
Being legally described as Lots 1 R and 2R, R.D. Price No. 1207 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded as Instrument No. D209213880, Plat Records, Tarrant
County, Texas and being approximately 5.05 acres.
Case No. Attachment F
ZA15-007 Page 7
EXHIBIT "B"
DEVELOPMENT PLAN FOR ORDINANCE NO. 480-510A
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Case No.
ZA15-007
Attachment F
Page 8
QAVMI110]:1►yiIMIkiki»e1kiI7Q:KOINI]IkiFAki Is] Qki[ox,f:11M117A
Reserved for approved Development Plan
Case No. Attachment F
ZA15-007 Page 9