Item 7A - Staff ReportSOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
December 12, 2023
CASE NO: ZA23-0035
PROJECT: Zoning Change and Concept Plan for 1390 Brown Lane
EXECUTIVE
SUMMARY: Joe Martin, on behalf of Amath Fall, is requesting approval of a Zoning Change
and Concept Plan for 1390 Brown Lane located on a property described as Tract
1 G, John H. Childress Survey Abstract No. 253, City of Southlake, Tarrant County,
Texas and located at 1390 Brown Lane, Southlake, Texas. Current Zoning: "AG"
Agricultural District. Requested Zoning: "SF-1 A" Single Family Residential District.
SPIN Neighborhood #5.
DETAILS: The property is located at the southern terminus of Brown Lane, a private road,
that intersects with the 1500 Block of Randoll Mill Road.
The purpose of this request is to seek a zoning change and concept plan approval
to construct a new home on a single tract of land. The property will require to be
platted prior to construction of a home.
The site is located at the terminus of a private road with no known dedication of
right-of-way or public access. Though a variance is requested regarding roadway
frontage, the applicant understands that the road must be developed to a minimum
standard acceptable to the Fire Marshal.
VARIANCE
REQUESTED: A variance is requested to allow the lot to not front on an improved street as
required by Subdivision Ordinance No. 483, as amended, Sections 8.01 and
5.04. Access to the property is via a private unimproved road.
ACTION NEEDED: 1) Consider 1st Reading Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plan Review Summary No. 3, dated December 1, 2023
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-805
Full Size Plans (for Commission and Council members only)
OowerPoint Presentation
STAFF CONTACT: Reagan Rothenberger (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZA23-0035
BACKGROUND INFORMATION
OWNER/APPLICANT: Amath Fall / Joe Martin
PROPERTY SITUATION: 1390 Brown Lane, Southlake, TX 76092
LEGAL DESCRIPTION: Tract 1 G, John H. Childress Survey Abstract No. 253
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
PROPOSED ZONING: "SF-1A" Single Family Residential District
HISTORY: "AG" Agricultural District zoning was approved with the adoption of the
Zoning Ordinance No 480 and the official Zoning Map on September 19,
1989.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use Plan
The future land use designation for the site is Low Density Residential.
Purpose and Definition: Purpose: The purpose of the Low Density
Residential land use category is to promote a neighborhood setting
primarily comprised of single family detached houses.
Definition: The Low Density Residential category is suitable for any single-
family detached residential development. Other suitable activities are those
permitted in the Public Parks/Open Space and Public/Semi-Public
categories previously discussed.
Pathways Master Plan & Sidewalk Plan
A 5-foot sidewalk will be required along any roadway frontage.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
A variance is requested to allow the lot to not front on an improved street
as required by Subdivision Ordinance No. 483, as amended, Sections 8.01
and 5.04. Access to the property is via a private unimproved road. The
roadway will need to be improved to a standard acceptable to the City of
Southlake for purposes of emergency access and fire protection.
TREE PRESERVATION: A Tree Conservation Plan will be required during the permitting process.
UTILITIES: The site is served by a 2-inch water line. The applicant has submitted
evidence that this line is sufficient to serve the home. The site has an on -
site sanitary sewer.
CITIZEN INPUT: This project was not heard at SPIN or by the Corridor Planning Committee.
PLANNING AND
ZONING COMMISSION: December 7t", 2023; APPROVED (6-0) subject to the Staff Report dated
Case No. Attachment A
ZA23-0035 Page 1
December 1, 2023, also subject to the Plan Review Summary No. 3 dated
December 1, 2023, noting that the approval is subject to City of Southlake
minimum fire protection and access standards.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated July 6, 2023.
Case No.
ZA23-0035
Attachment A
Page 2
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Case No.
ZA23-0035
Attachment B
Page 1
Case No.: ZA23-0035
PLAN REVIEW SUMMARY
Review No.: Three
Project Name: Zoning and Concept Plan — 1390 Brown Lane
APPLICANT:
Joe Martin Homes
Joe Martin
Email: Joe@JoeMartinHomes.com
Phone: 817-675-0044
OWNER:
Amath Fall
Date of Review: 12/01/23
Email: amathfall@gmail.com
Phone: 805-694-1400
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
6/26/2023 and 11/22/2023 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE
STIPULATIONS 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 REAGAN ROTHENBERGER AT (817) 748-8602.
1. Place the City case number "ZA23-0035" in the lower right corner for ease of reference.
2. Each lot shall have one front yard and one rear yard unless a corner lot. In this case, the front
and rear yards are parallel with the shortest lot lines (east and west). Show these yards at 40'.
Side yards along the longest boundaries (north and south) shall be 20'.
3. Provide a Site Data Summary Table that shows lot size, square footage of home, lot coverage
amount (percentage of lot covered by enclosed space).
4. Revise all supporting plans to match the revised Site Plan.
5. Accessory structures may not be forward of the principal structure. The proposed detached
structure must be the rear of side of the home.
Informational Comments:
* Please be aware that this property is not served by an improved road and would require a
variance from the Subdivision Ordinance. If the variance is granted, the existing roadway shall
be improved to a standard that satisfies the Fire Marshal.
Reagan Rothenberger
Planning Manager
Phone: (817) 748-8602
rothenberger@ci.southlake.tx.us
Case No. Attachment C
ZA23-0035 Page 2
Tree Conservation/Landscape Review
The proposed drive shown on the Tree Conservation Plan does not match the proposed drive on
the Site Plan. Correct either the Tree Conservation Plan or the Site Plan to have the correct
proposed driveway. Correct the Existing Tree Cover Preservation Calculations accordingly.
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
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 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.
* Indicates informational comment.
# Indicates required items comment.
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
Case No. Attachment C
ZA23-0035 Page 3
Public Works/Engineering Review
The existing %" water meter will be required to be upsized to a minimum of 1". Please be aware
that the existing 2" waterline within Brown Lane may be required to be upsized to an 8" waterline
to allow for the required fire protection.
Please provide the associated flows for existing and proposed conditions with the Building Permit
submittal. If the existing and proposed flow calculations are the same, then only one set of
calculations is required, however, please note that existing and proposed conditions are the same.
Please ensure that the most current ISWMM precipitation values are used in the flow calculations.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
Case No. Attachment C
ZA23-0035 Page 4
Fire Department Review
An automatic fire sprinkler system shall be installed in all residential structures that exceed 6,000
square feet, excluding porches and patios. Also, provide sidewall sprinkler heads on the garage walls
that are contiguous to interior conditioned space.
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. (Confirmed to be within 1,000 feet)
Fire apparatus access, private street, 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
85,000 pounds GVW)
Kelly Clements
Deputy Fire Chief/Fire Marshal
Phone: (817) 748-8233
E-mail: kclements@ci.southlake.tx.us
Case No. Attachment C
ZA23-0035 Page 5
General Informational Comments
The Development Review Committee QRC) has determined this pre -submittal is sufficient for
formal submittal to the Planning and Zoning Commission subject to completing the changes noted
above. A pdf of each plan must be submitted. If not received before the deadline, the item will be
moved to a later P&Z agenda. If any significant changes, other than those noted above are made
to the submittal, the plan could be withheld from processing until a later meeting or remanded
back to the Development Review Committee for review.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
The applicant should be aware that prior to issuance of a building permit a Plat that conforms to
the underlying zoning of the site 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.
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 required to pay the
City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final
plat recordation date and building permit issuance. The applicant is encouraged to review the City
of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount.
* Denotes Informational Comment
Case No. Attachment C
ZA23-0035 Page 6
SURROUNDING PROPERTY OWNERS MAP
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Owner
Zoning
Physical Address
Acreage
Response
1
CHEN, BEI BEI
AG
1440 BROWN LN
1.58200895
NR
2
MG LUXURY HOMES LLC
SF1-A
1445 RANDOL MILL AVE
0.012585623
NR
3
MAXEDON, STEFANIE
AG
1441 BROWN LN
0.644478608
NR
4
MG LUXURY HOMES LLC
SF1-A
1425 RANDOL MILL AVE
0.586878613
NR
5
JACOB, MAN]
SF1-A
1395 RANDOL MILL AVE
0.689412654
NR
6
CLINTSMAN, BRYAN
AG
1393 BROWN LN
1.394405704
NR
7
JACOB, MANI
SF1-A
1375 RANDOL MILL AVE
0.822839976
NR
8
JORDAN, DUDLEY
RPUD
1820 BEAM DR
0.148902387
NR
9
OLIVARES, ADRIANA
RPUD
1824 BEAM DR
0.620215628
NR
10
BROWNING, MICHAEL
RPUD
1828 BEAM DR
0.649967865
NR
11
WESTWYCK HILLS HOA INC
RPUD
1850 BEAM DR
1.060493107
NR
12
HEFFRON, ASHLIE
RPUD
1851 BEAM DR
0.169064338
NR
13
WESTWYCK HILLS HOA INC
RPUD
1841 BEAM DR
0.0798156
NR
14
HAG MICHAEL
RPUD
1259 BOLTON CT
0.612329609
NR
15
-AN,
MCKAMIE, SAMMY
RPUD
1825 BEAM DR
0.528053581
NR
16
DTN LIVING TRUST
RPUD
1258 BOLTON CT
0.760262867
NR
17
WESTWYCK HILLS HOA INC
RPUD
1300 BILTMORE DR
0.458239599
NR
18
FOUR PEAKS-RM INC
RPUD
1316 BILTMORE DR
0.103519019
NR
19
STEFFEN, TIMOTHY
SF1-A
1483 BROWN LN
2.126623184
NR
20
SCOTTSANDLIN HOMES LTD
AG
1480 BROWN LN
2.796840074
NR
1000
FALL, TIERNO
AG
1390 BROWN LN
2.507652094
U
Case No. Attachment D
ZA23-0035 Page 1
Responses: F: In Favor O: Opposed U: Undecided NR: No Response
Notices Sent: Twenty-one (21)
Responses Received within 300': In Favor:
Case No.
ZA23-0035
Opposed
Undecided: No Response:
Attachment D
Page 2
SURROUNDING PROPERTY OWNERS' RESPONSES
None Received by 12101812023
Case No. Attachment E
ZA23-0035 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-805
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 TRACT 1G, JOHN H. CHILDRESS SURVEY
ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, 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" SINGLE
Case No. Attachment F
ZA23-0035 Page 1
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 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
Case No. Attachment F
ZA23-0035 Page 2
rights of those who bought or improved property with reference to the classification which existed
at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over -crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare
of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Being described as Tract 1 G, John H. Childress Survey Abstract No. 253, City of
Southlake, Tarrant County, Texas as depicted on the approved Site Plan attached
hereto and incorporated herein as Exhibit "B", and subject to the following
Case No. Attachment F
ZA23-0035 Page 3
conditions:
1. List any conditions
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Case No. Attachment F
ZA23-0035 Page 4
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
Case No. Attachment F
ZA23-0035 Page 5
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 day of , 2023.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the
MAYOR
ATTEST:
day of , 2023.
CITY SECRETARY
Case No. Attachment F
ZA23-0035 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA23-0035 Page 7
EXHIBIT "A"
Tract 1 G, John H. Childress Survey Abstract No. 253, City of Southlake, Tarrant County, Texas, and
located at 1390 Brown Lane, Southlake, Texas.
Case No. Attachment F
ZA23-0035 Page 8
EXHIBIT "B"
Approved Concept Plan
Case No. Attachment F
ZA23-0035 Page 9