Item 4RCase No.
ZA20-0052
S T A F F R E P O R T
November 23, 2020
CASE NO: ZA20-0052
PROJECT: 2311 Lonesome Dove Ave. Zoning Change and Concept Plan
EXECUTIVE
SUMMARY: On behalf of Gazim Idoski, VPGray Investments is requesting 1st Reading approval
of a Zoning Change and Concept Plan for 2311 Lonesome Dove Rd. on property
described as Lot 1, L. Lincoln No. 981 Addition, an addition to the City of
Southlake, Tarrant County, Texas and located at 2311 Lonesome Dove Rd.,
Southlake, Texas. Current Zoning: "AG" Agricu ltural District. Proposed Zoning:
"SF-1A" Single Family Residential District. Spin Neighborhood #2.
REQUEST: The applicant is requesting 1st Reading approval of a Zoning Change and Concept
Plan to allow the construction of one residence on an approximately 1.002 acre
(43,644 sq. ft.) lot in conformance with the “SF-1A” zoning district, which requires a
minimum lot area of one acre (43,560 sq. ft.).
ACTION NEEDED: Consider 1st Reading approval of a Zoning Change and Concept Plan.
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 2, dated November 12, 2020
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-775
Link to Presentation
Link to Plans
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No. Attachment A
ZA20-0052 Page 1
BACKGROUND INFORMATION
OWNER: Gazim Idoski
APPLICANT: VPGray INvestments
PROPERTY SITUATION: 2311 Lonesome Dove Rd.
LEGAL DESCRIPTION: Lot 1, L. Lincoln No. 981 Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
PROPOSED ZONING: “SF-1A” Single Family Residential District
HISTORY: - A portion of the property was annexed into the City in 1970 and given
the “AG” Agricultural District zoning designation.
- The other portion of the property was included in the boundary
adjustment between the Cities of Grapevine and Southlake that was
approved by City Council on May 7, 2019 (Res. No. 19-005). Because
the portion of the property was previously located in Grapevine, no
adopted future land use designation had been applied. A Land Use Plan
amendment (CP19-0002) to apply a land use designation of Low Density
Residential to the portion of the property that was previously in
Grapevine was approved by City Council on September 3, 2019.
- A one lot plat showing for Lot 1, L. Lincoln No. 981 Addition was
approved September 25, 2019 and filed October 17, 2019.
- A request for a Variance (ZBA20-0010) to Zoning Ordinance No. 480,
as amended, Section 9.5.e requiring the maximum lot coverage to not
exceed 10% of the lot area to allow a lot coverage of approximately 15%
to construct a new home on the property was denied by the Zoning
Board of Adjustment on September 10, 2020.
SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan
The 2035 future land use designation for the site is Low Density
Residential.
Purpose: The purpose of the Low Density Residential land use category
is to provide for and to protect low intensity detached single -family
residential development that promotes the openness and rural character
of Southlake.
Definition: 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.
Case No. Attachment A
ZA20-0052 Page 2
Pathways Master Plan & Sidewalk Plan
The Pathways Master Plan shows no pathways adjacent to the property,
so 5’ sidewalks are required to be constructed along bot h rights of way
with new home construction.
Master Thoroughfare Plan
The Master Thoroughfare Plan shows Lonesome Dove Rd. as local
street. Adequate right of way is shown on the plat for Lot 1, L. Lincoln
No. 981 Addition. Foxfire Ln. is a local street in the City of Grapevine.
TRANSPORTATION
ASSESSMENT: There is one existing driveway onto Lonesome Dove Rd. The Concept
Plan shows one residential driveway onto Foxfire Ln. and no driveways
onto Lonesome Dove Rd.
TREE PRESERVATION: There is 13.3% of existing tree cover on the property and a minimum of
70% of the existing tree cover is required to be preserved. 100% of the
existing tree cover is proposed to be preserved. The proposed tree
conservation complies with the Existing Tree Cover Preservation
Requirements of the Tree Preservation Ordinance 585-E.
DRAINAGE: The property is generally flat, so the grading plan submitted with a permit
for a new home mus t show that any existing runoff to adjacent
properties, if any, will not be increased.
UTILITIES: An 8” water line and an 8” sewer line exists in Lonesome Dove Ave. to
serve the property.
CITIZEN INPUT/
BOARD REVIEW: A SPIN meeting was not held for this project.
PLANNING AND ZONING
COMMISSION ACTION: November 19, 2020; Approved (6-0) subject to the staff report dated
November 13, 2020 and Concept Plan Review Summary No. 2, dated
November 12, 2020.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated November 12,
2020.
Case No. Attachment B
ZA20-0052 Page 1
Case No. Attachment C
ZA20-0052 Page 1
CONCEPT PLAN REVIEW
Case No.: ZA20-0052 Review No.: Two Date of Review: 11/12/20
Project Name: Zoning Change and Concept Plan – 2311 Lonesome Dove Rd.
APPLICANT: Patrick Gray OWNER: Gazim Idoski
VPGray Investments
P.O. Box 92481 3312 Alexandria Ct.
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 992-4950 Phone: (817) 657-0234
E-mail: vpgray@gmail.com E-mail: aeddfw@yahoo.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
10/28/20 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE S TIPULATIONS ARE HEREBY
MADE CONDITIONS OF CONCEPT 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.
* All previous Planning comments have been addressed .
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
TREE CONSERVATION COMMENTS :
* The proposed tree conservation complies with the Existing Tree Cover Preservation Requirements
of the Tree Preservation Ordinance 585 -E. There is 13.3% of existing tree cover on the property
and a minimum of 70% of the existing tree cover is required to be preserved. 100% of the existing
tree cover is proposed to be preserved.
* 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 deve lopment, the percentage of existing tree cover at
the time the first such permit was issued shall be u sed to calculate the minimum existing tree
cover that must be preserved un preserved under this section.
Case No. Attachment C
ZA20-0052 Page 2
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on
the entire site
Minimum percentage of the
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 t o 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 Co uncil approved Tree
Conservation Plan must be preserved and protected during all phases and const ruction 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 e nsure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do not
conflict with exis ting trees intended to be preserved.
* Indicates informational comment.
# Indicates required items comment.
General Informational Comments
* Staff strongly recommends contacting Jerod Potts in the Planning and Development Services
Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195 or
by e-mail at jpotts@ci.southlake.tx.us. For more information about SPIN and the SPIN process
please go to SouthlakeSPIN.org.
* A separate building permit is required prior to construction of any signs.
* All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended).
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* Discharge of post development runoff must have no adverse impact on d ownstream properties
and meet the provisions of Ordinance No. 605. All development must comply with the
Drainage Ordinance No. 605 and th e Erosion and Sediment Control Ordinance No. 946, as
amended.
* The applicant should be aware that prior to issuance o f a building permit, a fully corrected concept
plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all
required fees must be paid. This may includ e but not be limited to the following fees: Park Fee,
Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permi t Fees.
* In addition to the City of Southlake impact fees, please be aware that through the wholesale water
customer contract with the City of Fort Worth, all new water connections are require d to pay the
City of Fort Worth impact fee. The City of Fort W orth impact fee assessment is based on the final
Case No. Attachment C
ZA20-0052 Page 3
plat recordation date and building permi t issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of I mpact Fees Guide to determine the fee amount.
* Denotes Informational Comment
Case No. Attachment D
ZA20-0052 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Owner Zoning Physical Address Acreage Response
1. BLACKWILL, MARY A SF1-A 1491 EMERALD CIR 1.21 NR
2. RPRL LIVING TRUST SF1-A 1490 EMERALD CIR 1.26 NR
3. IDOSKI, GAZIM AG 2311 LONESOME DOVE AVE 1.01 NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Three (3)
Responses received within 200’: None (0)
Responses outside within 200’: Two (2) - Attached
Case No. Attachment D
ZA20-0052 Page 2
Case No. Attachment D
ZA20-0052 Page 3
Case No. Attachment E
ZA20-0052 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-775
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 LOT
1, L. LINCOLN NO. 981 ADDITION, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.002 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY
RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and
to amend said ordinance and map for the purpose of promoting the public health, safety, morals
and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as “AG” Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment E
ZA20-0052 Page 2
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 u se 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
Case No. Attachment E
ZA20-0052 Page 3
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 secu re 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 clo se 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 a t 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 amende d, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being legally described as Lot 1, L. Lincoln No. 981 Addition, an addition to the
City of Southlake, Tarrant County, Texas, being approximately 1.002 acres, and
described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family
Residential District as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit “B,” and subject to the following conditions:
Case No. Attachment E
ZA20-0052 Page 4
1.
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 i n
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,
Case No. Attachment E
ZA20-0052 Page 5
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,
Case No. Attachment E
ZA20-0052 Page 6
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.
Case No. Attachment E
ZA20-0052 Page 7
PASSED AND APPROVED on the 1st reading the ____ day of ____, 2020.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2020.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA20-0052 Page 8
Exhibit ‘A’
Being legally described as Lot 1, L. Lincoln No. 981 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat filed as Instrument No. D219238136, Plat Records,
Tarrant County, Texas, and being approximately 1.002 acres.
Case No. Attachment E
ZA20-0052 Page 9
Exhibit ‘B’
Reserved for approved Concept Plan