Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
April 28, 2015
CASE NO: ZA14-131
PROJECT:Zoning Change and Development Plan for Edwards Park Addition
EXECUTIVE
SUMMARY:
Clayton and Clayton Real Estate originally requested approval of a Zoning
Change and Concept Plan from “AG” Agricultural District to “SF-30” Single
Family Residential District on Tract 1A1C of the Absolom H. Chivers Survey,
Abstract No. 525 to allow two (2) residential lots and one open space lot on
1.99 acres located at 825 E. Dove Road. The request has been amended to
seek approval of a Zoning Change and Development Plan from “AG”
Agricultural District to “R-PUD” Residential Planned Unit Development District
on Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525 for two (2)
residential lots on 1.99 acres (1.84 net acres, less R.O.W. for E. Dove Road).
SPIN #3
REQUEST
DETAILS:
Clayton and Clayton Real Estate originally requested approval for a Zoning
Change and Concept Plan from “AG” Agricultural District to “SF-30” Single
Family Residential District on Tract 1A1C of the Absolom H. Chivers Survey,
Abstract No. 525 to allow two (2) residential lots and one open space lot on
1.99 acres located at 825 E. Dove Road. The applicant proposed two single
family residential lots (approximately 33,029 sf and 34,511 sf) and one open
space lot. A 52-foot right-of-way dedication on E. Dove Road and a 44-foot
radius cul-de-sac right-of-way at the dead end on the east end of Castle Rock
Drive were included with the request. The north lot fronted on E. Dove Road
and the south lot fronted on a proposed cul-de sac on Castle Rock Drive.
Additionally, a six (6) foot sidewalk on E. Dove Road, a four (4) foot sidewalk at
the Castle Rock Drive cul-de-sac, and the Castle Rock Drive cul-de-sac would
be constructed with the development. An open space lot was located on the
south side of the Castle Rock cul-de-sac.
The applicant has amended their request to seek approval of a Zoning Change
and Development Plan from “AG” Agricultural District to “R-PUD” Residential
Planned Unit Development District for two (2) residential lots. Lot 1, the north lot
fronting on E. Dove Road, is 1 acre and Lot 2, the south lot fronting on
Cheyenne Park Lane, is .84 acre. A six (6) foot sidewalk on E. Dove Road will
be constructed with the development.
The applicant is concurrently processing a Land Use Plan Amendment, CP14-
003), changing this property from Low Density Residential to Medium Density
Residential in support of the proposed “RPUD” zoning change (ZA14-131) and
Preliminary Plat (ZA14-132).
Case No.
ZA14-131
Variance:
With the amended zoning change and development plan request, the
applicant is requesting a variance to the Subdivision Ordinance, Article
V, Section 5.01 General, 5.01B “Continuity of Street Systems” and
5.03K to allow Castle Rock Drive to remain as a dead end street.
ACTION NEEDED:1) Conduct a Public Hearing
2) Consider Zoning Change and Development Plan Approval Request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Zoning Change and Concept Plan Review Summary No. 7, dated April 13,
2015.
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-687
(G) Full Size Plans (for Commissioners and Council members only)
STAFF CONTACT:
Ken Baker (817) 748-8067
Patty Moos (817) 748-8269
Case No.
ZA14-131
BACKGROUND INFORMATION
OWNERS:
Ananth Mallavarapu and Surekha Koya
APPLICANT:
Clayton and Clayton Real Estate
PROPERTY SITUATION:
825 W. Dove Road
Tract 1A1C of the Absolom H. Chivers Survey, Abstract No. 525, an
LEGAL DESCRIPTION:
addition to the City of Southlake, Tarrant County, Texas.
LAND USE CATEGORY:
Low Density Residential
PROPOSED LAND USE:
Medium Density Residential
CURRENT ZONING: “
AG” Agricultural District
REQUESTED ZONING:
The original zoning change was for “SF-30” Single Family
Residential District
An amended request has been made for a zoning change to“R-PUD”
Residential Planned Unit Development District.
HISTORY:
September 19, 1989; City Council approved the “AG” Agricultural District
with the adoption of Zoning Ordinance 480 and the Official Zoning Map.
CITIZEN INPUT:
A SPIN (SPIN #3) meeting was held November 3, 2014 and the SPIN
report is located in Attachment ‘C’.
SOUTHLAKE 2030:Consolidated Land Use Plan
The Low Density Residential land use category is defined by the
Southlake 2030 Comprehensive Plan as:
“The Low Density Residential
category is for detached single-
family residential development at
a net density of one or fewer
dwelling units per acre. Net
density is the number of dwelling
units per net acre, which excludes
acreage in all public rights-of-way.
Other suitable activities are those
permitted in the Public Parks /
Open Space and Public / Semi-
Public categories described
previously. The Low Density
Residential category encourages
the openness and rural character of the City of Southlake.”
The current development being proposed is not consistent with the Low
Case No. Attachment A
ZA14-131 Page 1
Density land use designation. The modified development proposal is
consistent with the Low Density land use designation.
Pathways Master Plan
The Pathways Master Plan indicates a future sidewalk along the east
side of W. Dove Road less than 8 feet wide.
TREE PRESERVATION:
Two (2) trees are proposed to be removed with this request. For
standard single family residential zoning districts, the tree preservation
ordinance requires 60% of the existing trees to be preserved. However,
for RPUD zoning requests, tree preservation requirements are subject to
City Council approval. The applicant is proposing to save 66% of the
existing trees.
UTILITIES:Water
The site has access to an existing 6-inch water line along E. Dove Road
and an 8-inch water line on Castle Rock Drive.
Sewer
The site has access to sewer from an existing 8-inch along E. Dove
Road and from an existing 8-inch along Cheyenne Park Lane and the
southern portion of the east property line.
PLANNING AND
ZONING COMMISSION:
November 20, 2014; Approved (6-1) subject to the Zoning Change and
Concept Plan Review Summary No. 2 dated November 14, 2014 and
Staff Report dated November 14, 2014; noting the reduction in the cul-
de-sac to a 50 foot radius and change the street angle to preserve the
tree at the proposed cul-de-sac; noting a wrought iron fence will be
placed on the east and west boundary of Lot 1.
st
CITY COUNCIL:
December 2, 2014; Approved (7-0) for the 1 Reading of the Zoning
Change and Concept Plan for Lot 1 and 2 of the Edwards Park Addition;
noting that the land to the southern portion of the site will either be
dedicated to the City or to the adjacent homeowner to the south;
approving the cul-de-sac as shown; and noting the Staff Report dated
November 25, 2014.
January 6, 2015; Approved (7-0) the motion to table the item, as
requested by the applicant, until the January 20, 2015 City Council
meeting.
January 20, 2015; Approved (7-0) the motion to table the item until the
February 17, 2015 City Council meeting.
February 3, 2015: Approved (7-0) the motion to table until the March 17,
2015 City Council meeting.
February 17, 2015: Approved (7-0) the motion to table until the March
17, 2015 City Council meeting.
March 17, 2015: Approved (7-0) the motion to table until the April 21,
Case No. Attachment A
ZA14-131 Page 2
2015 City Council meeting.
April 21, 2015; Approved (7-0) the motion to table until the May 5, 2015
City Council meeting.
STAFF COMMENTS
: Attached is the Zoning Change and Development Plan Review
Summary No. 6, dated March 19, 2015.
In May 2011, a demolition permit was issued by the City to remove the
existing house and pool from the property.
According the Tarrant Appraisal District, one acre of the property is
listed as residential property and one acre is listed as commercial
property.
N:\\Community Development\\MEMO\\2014 Cases\\131 - ZCP - Edwards Park Addition\\Staff Report
Case No. Attachment A
ZA14-131 Page 3
Case No. Attachment B
ZA14-131 Page 1
Plans and Support Information
Previously Proposed Concept Plan 1-20-15
Case No. Attachment C
ZA14-131 Page 1
Previously Proposed Narrative 1-20-15
Case No. Attachment C
ZA14-131 Page 2
Previously Proposed Narrative 1-20-15 (continued)
Case No. Attachment C
ZA14-131 Page 3
Proposed Development Plan 5-5-15
Case No. Attachment C
ZA14-131 Page 4
Proposed Narrative 5-5-15
Residential Planned Unit Development District
For
Edwards Park Addition
Since the owner was unsuccessful in zoning the property SF-30. The owner has agreed to file for
Residential Planned Unit Development (PUD). This PUD shall abide by all conditions of the City of
Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the SF-20A single
family residential zoning district and the City of Southlake Subdivision Ordinance No. 483 as
amended, with the following exceptions:
The one existing curb cuts along Dove will be closed.
The owner of Edwards Addition will dedicate ROW as required by the City of Southlake along
East Dove.
Water line will be extended along East Dove Road to the end of Lot 1. City has agreed to pay
the added expense of the water line from 8” to 12”.
Sewer line will be extended to the east side of Lot 1 and install a manhole.
A 6’ foot wide sidewalk will be installed along East Dove from the existing sidewalk to the end
of Lot 1.
A landscape buffer will be installed along the North property line fronting East Dove. The
buffer yard will be a “Type B”- 2 canopy trees, 3 accent trees, & 10 shrubs per 100 linear feet.
The front yard of lot 2 will face Cheyenne Park Lane. The approximate address will 2120
Cheyenne Park Lane (The access was granted by City Deputy Director of Public Works
Engineer, Cheryl Taylor, P. E.) Castle Rock Drive will remain a dead end street. A variance is
requested to keep Castle Rock Dive a dead end street.
The existing water line in Castle Rock will be extended to the end of Lot 2 and City Engineer
agreed to pay the cost of looping the water line with line in Cheyenne Drive.
Sewer (for Lot 2) will be installed to the existing manhole in the easement along the East
property line.
Open Space as detailed on plans are in the front, rear, side yards of both lots
The minimum front yard shall not be less than thirty (17’3) feet.
The minimum rear yard shall be not less than thirty (30) feet.
The minimum side yard shall be not less than ten (10) feet.
The minimum area of a lot shall not be less than thirty thousand (30,000) square feet.
The minimum lot shall have a minimum width of eighty (80) feet.
The main residence of Lot 1 shall be not less than four thousand (4,000) square feet.
The main residence of Lot 2 shall be not less than five thousand five hundred (5,500) square
feet.
Case No. Attachment C
ZA14-131 Page 5
All fencing surrounding the project and internally, if installed in the Residential PUD, shall be a
minimum 5 feet wrought iron fence Lot 2 as shown on the attached development plan, which
shall be a minimum 7 foot wrought iron fence with/or without slats.
The final plat will include the “avigation easement” on the face of the plat.
Case No. Attachment C
ZA14-131 Page 6
Site Photographs
View south from E. Dove Road
View east to Castle Rock Drive dead end
(southwest corner of 825 E. Dove Road property)
Case No. Attachment C
ZA14-131 Page 7
View northwest to Cheyenne Park Lane cul-de-sac
(southeast corner of 825 E. Dove Road property)
Case No. Attachment C
ZA14-131 Page 8
SPIN MEETING REPORT
Case Number:
ZA14-131
Project Name:
Lots 1 & 2, Block 1, Edwards Park Addition
SPIN Neighborhood:
3
Meeting Date:
November 3, 2014
Meeting Location:
1400 Main Street, Southlake, TX
City Council Chambers
Total Attendance:
10
Host:
Monique Schill
Applicant(s) Presenting:
Art Clayton
City Staff Present:
Patty Moos, Planner I
City Staff Contact:
Patty Moos, Planner I, 817-748-8269
Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on “Learn More” under
Video On Demand; forums are listed under SPIN by meeting date.
FORUM SUMMARY:
Applicant is seeking a zoning change and plat for 2 SF-30 lots located at 825 E. Dove
•
Road for SPIN #3.
Existing 2 acres on the south side of E. Dove Road.
•
Currently low density land use surrounded by medium density use
•
Plan to visit with the Estes Park HOA and neighborhoods
•
Building a cul-de-sac at the end of Castle Rock Drive instead of building a street thru to
•
Cheyenne Park Lane.
4-foot sidewalks around the cul-de-sac and 6-foot sidewalk along E. Dove Road.
•
Landscape bufferyard along E. Dove Road.
•
Water line extension, fire hydrants and sewer connections going in with the
•
.
development
QUESTIONS / CONCERNS:
1. Estes Park HOA- Is the cul-de-sac going in? Yes
2. Where do the lots front? The north lot fronts on E. Dove Road and the south lot fronts
on Castle Rock Drive.
3. Concern about the south lot benefiting from the Estes Park HOA for the landscape
maintenance and holiday lights without participating in the cost. No. Trying to correct
the missed connections. Houses will be high quality 4,000 sf minimum.
Case No. Attachment C
ZA14-131 Page 9
4. Immediately adjacent homes are 6,000 sf+ and would prefer the houses to be larger, if
possible.
5. Wants quality of the home to be comparable to Estes Park homes. Will be a quality
constructed home with energy efficient design.
6. Wants to be able to have the HOA be involved in order to have input in the
architectural control and wants to work with the developer to have a level of comfort
with the house architecture standard.
7. What will be the size of the house at 825 E. Dove Road? Lot 1 will be a minimum of
4,500 sf with piers, walls with energy efficient standards, well build with many high end
details.
8. Will the sidewalk be installed on E. Dove Road? Yes.
9. What are the sideyard setbacks? 20-feet.
Presentation: 6:00-6:30 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. Attachment C
ZA14-131 Page 10
ZONING CHANGE AND DEVELOPMENT PLAN REVIEW SUMMARY
Case No.: ZA14-131 Review No.:Seven Date of Review: 4/13/15
Edwards Park Addition Lots 1 and 2
Project Name:
APPLICANT: Clayton and Clayton Real Estate Owners:
Arthur Clayton Ananth Mallavarapu and Surekha Koya
P.O. Box 92700 2112 Cheyenne Park Lane
Southlake, TX 76092 Southlake, TX 76092
Phone: 817-821-0114 Phone: 316-393-0884
Email: claytonandclayton@msn.com Email:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 4/6/15
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 THE
APPROPRIATE STAFF MEMBER.
Planning Review
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. The intent of the street configurations of Cheyenne Park Lane and Castle Rock Drive was to
connect the two streets. In the Subdivision Ordinance, Article V, Section 5.01 General, 5.01B
Continuity of Street Systems, Continuity of Street Systems: Proposed streets for a subdivision
shall be effectively related to the present and future street system and development of the
surrounding area. Any proposed streets shall provide for appropriate continuation or
completion of any existing streets, whether constructed or dedicated, which project to the limits
of a proposed subdivision or are adjacent to the subdivision. In the event that dead end streets
either dedicated or constructed are not to be extended, permanent turn around facilities shall
be constructed by the developer not extending such street. Appropriate provisions (Section
5.03-K-1) shall be made for access to adjoining unsubdivided land. The applicant has
(Variance Requested, as part
proposed to leave the street configuration as it currently exists.
the RPUD regulations and plan.)
2. Correct the zoning regulations to match the setbacks as shown on each lot. Also, work with
the city staff to better define the proposed setback from Cheyenne Park Lane so that it can be
mathematically geometrically/geometrically tied to the lot.
Tree Conservation/Landscape Review
Case No. Attachment D
ZA14-131 Page 1
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
1. The Cottonwood has partially declined and would probably be removed when a house is built
on the lot.
Informational Comment:
* Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree
Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree cover in accordance with the percentage requirements established by Table 2.0. If the
property has previously received a tree permit related to development, the percentage of
existing tree cover at the time the first such permit was issued shall be used to calculate the
minimum existing tree cover that must be preserved under this section.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree 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.
* 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.
LANDSCAPE COMMENTS:
No comments.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Case No. Attachment D
ZA14-131 Page 2
Om Garty-Chhertri, P.E.
Civil Engineer
Phone: (817) 748-8089
E-mail: ochhertri@ci.southlake.tx.us
GENERAL COMMENTS:
This review is preliminary. Additional requirements may be necessary with the review of civil
construction plans.
Sidewalks shall be required to be constructed with each dwelling.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
* Use the City of Southlake GPS monuments whenever possible. Monument locations can be
found in the City of Southlake website:
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS:
* Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement.
* Water and sanitary sewer cannot cross property lines without being in an easement or right of
way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be
constructed to City standards.
WATER COMMENTS:
1. City’s Water master plan calls for a 12” water line along Dove Rd. Extend 12” waterline to the
eastern boundary and the City will reimburse the incremental difference in cost between 12”
and 8”.
* Water lines cannot cross property lines without being in an easement or right of way.
* The size of the water service tap must match the size of the meter. There are no reducers
allowed before the meter on the public side. A one inch meter must have a one inch tap, etc.
* 12” water line on Dove Road shall conform to the City’s water concept plan.
* Water meters and fire hydrants shall be located in an easement or right of way.
SANITARY SEWER COMMENTS:
1. Minimum size for sanitary sewer is 8”.
Case No. Attachment D
ZA14-131 Page 3
* Sanitary sewer in right of way shall be constructed to City standards.
* Sanitary sewer service connection shall be at least 2 feet away from manhole.
DRAINAGE COMMENTS:
1. Proposed driveway culvert must be sized by an engineer and submitted for approval to the
City Engineer.
* Storm sewers collecting runoff from public streets shall be RCP and constructed to City
standards. The proposed flume will not be allowed.
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
* Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to
the Public Works Administration Department for review. Please allow 15 business days for
review. 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
* Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines
pre-construction, construction and post-construction erosion control measures.
* A right of way permit shall be obtained from the Public Works Operations Department (817)
748-8082 to connect to the City’s sewer, water or storm sewer system.
* A Developer Agreement may 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.
* Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
Case No. Attachment D
ZA14-131 Page 4
No comments.
Community Service/Parks Department Review
Peter Kao
Construction Manager
817-748-8607
pkao@ci.southlake.tx.us
Land/park dedication requirements:
The one lot had an existing house and is exempt from park fee assessment. One residential lot will
be required to pay the required park fees.
Pathway Comments:
Should provide pathways consistent with Southlake Master Pathways Plan. Should provide 4 ft. +
concrete sidewalks on both sides of all public and private streets consistent with Article V Street and
Right-Of-Way Requirements of the Subdivision Ordinance and all State of Texas accessibility
requirements.
General Informational Comments
* 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.
* It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance
No. 479. Additionally, the “Avigation Easement and Release” shown in Appendix 3 of the
Subdivision Ordinance No. 483 should be executed on Plats to be filed in the County Plat
Records.
* 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.
Case No. Attachment D
ZA14-131 Page 5
* Denotes Informational Comment
Case No. Attachment D
ZA14-131 Page 6
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Zoning Change and Concept Plan for Edwards Park Addition
SPO# Owner Name Zoning Address Acreage Response
Collier, Donald Jr & Elizabeth SF1-A 800 VICTORIA LN 1.66
NR
1.
Radcliff, Zack D Etux Pearlean SF1-A 780 E DOVE RD 0.98
NR
2.
Timmons, Clay B Etux Cara L RPUD 774 BLACK FOREST CT 0.55
NR
3.
Satsky, Daniel B Etux Amy W RPUD 770 BLACK FOREST CT 0.57
NR
4.
Lee, Justin Etux Kim Lee RPUD 775 BLACK FOREST CT 0.60
NR
5.
Nordtvedt, Richard Etx Liliana RPUD 2163 ESTES PARK DR 0.38
NR
6.
Goldschmidt, Douglas Etux Marg RPUD 2159 ESTES PARK DR 0.37
NR
7.
Kapoor, Sanjiv Etux Upasna RPUD 2155 ESTES PARK DR 0.35
NR
8.
Baiotto, Brent R Etux Sarah RPUD 774 CASTLE ROCK DR 0.47
NR
9.
Menon, Rajasekhar C & Indu RPUD 2151 ESTES PARK DR 0.36
NR
10.
Case No. Attachment E
ZA14-131 Page 1
Michaelides, Jason Etux Alisha RPUD 905 ASPEN RIDGE DR 0.46
NR
11.
Death, James Lee RPUD 901 ASPEN RIDGE DR 0.46
O
12.
McLaughlin, Michael P Etux T RPUD 775 CASTLE ROCK DR 0.36
NR
13.
Tt Management Llc RPUD 2117 ESTES PARK DR 0.38
NR
14.
2112 CHEYENNE PARK
NR
15.
Bulatao, Brian J RPUD LN 0.44
Sheehan, James M RPUD 2113 ESTES PARK DR 0.45
NR
16.
Canalizo, Charles Etux Alissa SF1-A 740 E DOVE RD 1.49
NR
17.
Pierret, Brian Etux Christine RPUD 845 E DOVE RD 1.24
NR
18.
2123 CHEYENNE PARK
NR
19.
Medici, Jeffrey P Etux Pamela RPUD LN 0.54
Tabrez, Shams AG 855 E DOVE RD 1.95
NR
20.
Bulatao, Brian Etux Robin AG 825 E DOVE RD 1.96
NR
21.
2119 CHEYENNE PARK
NR
22.
Berwick, Tracy Etvir Robert D RPUD LN 0.81
2116 CHEYENNE PARK
O
23.
Hicks, Jon W Etux Holly W RPUD LN 0.50
Long, Michael R SF1-A 801 VICTORIA LN 1.64
NR
24.
F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:Twenty-four (24)
Responses Received: In Favor: 0 No Response: 22 Opposed: 2
Case No. Attachment E
ZA14-131 Page 2
Case No. Attachment E
ZA14-131 Page 3
Case No. Attachment E
ZA14-131 Page 4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-687
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 A PORTION OF
TRACT 1A1C OF THE ABSOLOM H. CHIVERS SURVEY, ABSTRACT
NO. 525, – ANADDITION TO THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, BEING APPROXIMATELY 1.99 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT TO “R-PUD” RESIDENTIAL
PLANNED UNIT DEVELOPMENT DISTRICT FOR EDWARDS PARK
ADDITION, 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,
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WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
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,
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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
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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 Tract 1A1C of the Absolom H. Chivers Survey, Abstract No.
525, - City of Southlake, Tarrant County, Texas, being 1.99 acres, and more
completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A
Single Family Residential District for Edwards Park Addition as depicted on the
approved Development Plan attached hereto and incorporated herein as Exhibit
“B”, and subject to the following conditions:
City Council Meeting December 2, 2014:
st
Approved (7-0) for the 1 Reading of the Zoning Change and Concept Plan for
Lot 1 and 2 of the Edwards Park Addition; noting that the land to the southern
portion of the site will either be dedicated to the City or to the adjacent
homeowner to the south; approving the cul-de-sac as shown; and noting the
Staff Report dated November 25, 2014.
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
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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
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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.
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st
PASSED AND APPROVED on the 1 reading the 2nd day of December, 2014.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the 21st day of April, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
RESERVED FOR METES AND BOUNDS DESCRIPTION
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EXHIBIT “B”
RESERVED FOR APPROVED DEVELOPMENT PLAN
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