Item 7A - Staff Report 7A
Case No.
ZA24-0049
S T A F F R E P O R T
September 24, 2024
CASE NO: ZA24-0049
PROJECT: Zoning Change and Concept Plan for 1039 Burney Ln.
EXECUTIVE
SUMMARY: Brad Crouch, on behalf of Mark Cox, is requesting approval of a Zoning Change
and Concept Plan, on property described as Tract 2A, J. Childress Survey Abstract
No. 254, City of Southlake, Tarrant County, Texas, and located at 1039 Burney Ln.
Current Zoning: “AG” Agricultural District Requested Zoning: “SF -1A” Single
Family Residential District SPIN District #2
DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept
Plan to subdivide the tract into two separate lots.
VARIANCE
REQUESTED: The applicant is requesting a variance to Subdivision Ordinance 483, as amended,
requiring a 5-foot sidewalk along the street frontages of Burney Lane and N.
Carroll Ave at the time of home construction. There are currently no sidewalks
constructed on these sections of Burney Ln. or N. Carroll Ave.
ACTION NEEDED: 1) Consider 1st Reading
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Concept Plan Review Summary No. 2 dated September 11, 2024.
(D) Surrounding Property Owners Map & Responses
(E) Ordinance No. 480-820
PowerPoint Presentation
Plans
STAFF CONTACT: Morgan Barclay (817) 748-8127
Dennis Killough (817) 748-8072
Department of Planning & Development Services
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BACKGROUND INFORMATION
OWNER: Mark Cox
APPLICANT: Brad Crouch
PROPERTY SITUATION: 1039 Burney Ln.
PROPERTY
DESCRIPTION: Tract 2A, J. Childress Abstract No. 254
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District.
PROPOSED ZONING: “SF1-A” Single Family Residential District
HISTORY: The property was annexed into the city in 1988 with Ord. No. 460.
The original home was built prior to 1996.
A remodel permit was issued in January of 1996.
An accessory building permit was issued in October of 1998.
SOUTHLAKE
COMPREHENSIVE PLAN: Consolidated Future Land Use Plan
The future land use designation for the site is “Low Density Residential”.
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. 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 rights ‐of‐way, easement, and
lots designated for public or private streets. Other suitable activities are
those permitted in the Public Parks / Open Space and Public /
Semi‐Public categories. The Low Density Residential category
encourages the openness and rural character of the City of Southlake.
Mobility & Master Thoroughfare Plan
The property is located along N. Carroll Ave. and Burney Ln.
This section of N. Carroll Ave. is designated as a 70’ Collector Road.
Burney Ln. is designated as a 60’ Collector Road.
Pathways Master Pathways & Sidewalk Plan
This section of N. Carroll Ave is designated to have a >=8’ multi-use trail.
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UTILITIES: There is an existing 8” water line located along N. Carroll Ave and
Burney Ln.
There is currently no access to sewer. The applicant is proposing a private
septic system.
PLANNING AND
ZONING COMMISSION: September 19, 2024; APPROVED (6-0) subject to Staff Report dated
September 11, 2024, and subject to Concept Plan Review Summary No. 2
dated September 11, 2024, and noting in lieu of construction of the
sidewalks the applicant will escrow the funds for the sidewalk, and also
noting if there is a fence to be constructed on the driveways the applicant
will work with staff to provide an appropriate setback and/or circular drive
for delivery trucks to not be stopped on the main street, and the fence
would be constructed of wrought iron.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2 dated September 11,
2024.
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ZA24-0049 Page 1
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA24-0049 Review No.: Two Date of Review: 09/11/2024
Project Name: Concept Plan – 1039 Burney Ln
APPLICANT: Project Contact:
Mark Cox Brad Crouch
1039 Burney Ln
Phone: 817 -903-6445 Phone: 817-846-4789
Email: MCox1039@gmail.com Email Brad.Crouch@evrealestate.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/12/2024 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 MORGAN BARCLAY AT 817 -748-8127.
1. Place the City case number “ZA24-0049" in the lower right corner for ease of reference.
2. Provide a small-scale location map.
3. Include the name and address of owner on the plan (phone and fax optional).
4. Show, label and dimension the width of the right of way and traveled roadway on or adjacent
to the site.
5. Show, label and dimension the width of any easements on or adjacent to the site, if any.
6. Label the bearing and distance of each property boundary.
7. Label the distance between buildings and distance from building to property lines.
8. Show all build lines on the lot per the requested zoning. For lot boundaries fronting a street, a
minimum front yard is required along both street frontages. Both Burney Ln. and N. Carroll
Ave. require a minimum 40’ building line.
9. Provide sidewalks and/or trails in compliance with Subdivision Ordinance No. 483, as
amended and the Master Pathways Plan. A minimum 5’ sidewalk is required along both street
fronatages of Burney Ln. and N. Carroll Ave. at the time of home construction.
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Tree Conservation/Landscape Review
TREE CONSERVATION COMMENTS:
* At the time a building permit is submitted, a Tree Conservation and Protection Plan will be
required. The required Tree Conservation and Protection Plan must conform to the Tree Conservation
Plan submittal requirements outlined in the Tree Preservation Ordinance 585 -E.
Information required for Tree Conservation Plan:
i. Identification of Critical Environmental Features of the site:
A. All individually protected trees
B. Existing streams, drainage creeks, ponds, and other water bodies (if
any)
ii. Tree Survey or alternative to a tree survey
iii. 2-foot contour map of the site
iv. Protected trees within the tree preservation area including tree size and type
v. Critical Root Zones of groups of trees
vi. Critical Root Zones for individual trees required for site plans only
vii. Boundaries of any tree preservation areas as identified in the ERP Map
viii. Identification of areas of environmental constraints not suitable for development
ix. Identification of areas of minimal environmental constraints that are suitable for
development
x. Areas of encroachment into Critical Environmental Features identified on the site
xi. Clear delineation, for each protected tree, of whether the tree will be preserved
after the proposed development is constructed, altered due to proposed
improvements, or could potentially be saved based upon site specific conditions
xii. Stream/Creek buffers, if any
xiii. Detailed site plan of all proposed improvements. (All proposed improvements
shall be required to be shown only at the site plan stage for all development.
Preliminary plats shall, however, show building setbacks and general location of
buildings and infrastructure.)
xiv. Setbacks, building lines, and buffer yards
xv. The names, addresses and telephone numbers of those persons or entities
who own the property and those persons or entities filing the application
xvi. Such additional information as the Administrative Official may reasonably
require given the particular characteristics of the property.
* 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*
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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
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Public Works/Engineering Review
* Please be aware that the Plat submittal will require a preliminary grading and drainage plan as
well as a preliminary utility plan.
* The location of the existing septic system will need to be verified and shall not be located on the
opposite property once the property is split.
Sandra Endy, P.E.
Development Engineer
Phone: (817) 748-8033
E-mail: sendy@ci.southlake.tx.us
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Case No. Attachment C
ZA24-0049 Page 5
Fire Department Review
No comments based on submitted information.
Lorenzo Chavez
Fire Inspector
Phone: (817) 748-8671
E-mail: LChavez@ci.southlake.tx.us
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Case No. Attachment C
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General Informational Comments
* The Development Review Committee (DRC) has determined this pre -submittal is sufficient for
formal submittal to the Planning and Zoning Commission subject to completing the changes noted
above. The applicant should be aware that a formal submittal for the next scheduled Planning and
Zoning Commission meeting must be received at the City by 5:00 p.m. on 09/03/2024. 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.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43,
Overlay Zones.
* As the purpose of this request it to eventually subdivide the lot a park fee will be required for the
new lot.
* 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.
* 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
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SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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SPO # Owner Zoning Physical Address Acreage Response
1 ARGENBRIGHT, DONALD SF1-A 1100 BURNEY LN 0.675075821 NR
2 ZIELKE, RODNEY SF1-A 1090 BURNEY LN 0.6942846 NR
3 ZIELKE, RODNEY SF1-A 1075 HARBOR
RETREAT
0.729813477 NR
4 PETERSEN, JERRY SF1-A 1064 HARBOR
RETREAT
0.588202009 F
5 JONES, RICHARD A SF1-A 1200 BURNEY LN 0.247847721 NR
6 LONERGAN, SCOTT SF1-A 2875 BURNEY LN 0.176390336 NR
7 TON, HUY RPUD 2711 N CARROLL
AVE
0.464658353 NR
8 CHADD, JEWEL C SF1-A 1029 BURNEY LN 0.941928617 NR
9 AHN, DUSU RPUD 2709 N CARROLL
AVE
0.46156605 NR
10 VAGHANI, REKHA SF1-A 2706 N CARROLL
AVE
1.102857736 NR
11 MCCARTY, JOSHUA SF1-A 2705 N QUAIL RUN
CT
0.970637148 NR
12 LAWSON, TOMMY SF1-A 2703 N QUAIL RUN
CT
0.659633807 NR
13 UNDERWOOD, MIRIAM RPUD 2707 N CARROLL
AVE
0.234001814 NR
14 GRIFFIN, GUY W SF1-A 2704 N CARROLL
AVE
0.364909362 NR
15 NEWBY, WILLIAM M SF1-A 2885 BURNEY LN 1.851551731 NR
16 FRANKLIN, JAMES DAVID RPUD 1214 POWDER
RIVER TRL
0.537856413 NR
17 COLE, TERRY J RPUD 1212 POWDER
RIVER TRL
0.295126032 NR
18 KAMAL, SUHAYB SF1-A 2704 N QUAIL RUN
CT
1.379536797 NR
19 GARDNER, KIMBERLEY RPUD 1210 POWDER
RIVER TRL
0.310658361 NR
20 REPSKY, DAVID RPUD 1208 POWDER
RIVER TRL
0.308712642 NR
21 KRUG, DAVID RPUD 2705 N CARROLL
AVE
0.623666536 NR
22 BALL, KEVIN A SF1-A 1106 QUAIL RUN
RD
1.015362026 NR
23 PATEL, MILIND SF1-A 2702 N CARROLL
AVE
1.086155233 NR
24 ALPHA, DAVID B SF1-A 1104 QUAIL RUN
RD
1.027241182 NR
25 HOWELL, DAN SF1-A 1210 BURNEY LN 1.447472681 NR
1000 COX, MARK R AG 1039 BURNEY LN 3.039505659 U
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Twenty-Nine (29)
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Responses Received within 300’: In Favor: Opposed: Undecided: No Response:
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Case No. Attachment E
ZA24-0049 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-821
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 2A, J. CHILDRESS SURVEY ABSTRACT
NO. 254, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS,
AND LOCATED A 1039 BURNEY LN., AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTICT 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,
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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
rights of those who bought or improved property with reference to the classification which existed
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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 2A, J. Childress Survey Abstract No. 254, City of
Southlake, Tarrant County, Texas, and located at 2561 N. White Chapel Blvd., and
more fully and completely described in Exhibit “A” from “AG” Agricultural District to
“SF1-A” Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the
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following conditions:
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 in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to
lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of
land; to avoid undue concentration of population; and to facilitate the adequate provision of
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall
be declared to be invalid, the same shall not affect the validity of the zoning of the balance of
said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
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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 _____, 2024.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2024.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
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APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being described Tract 2A, J. Childress Survey Abstract No. 254, and located at 1039 Burney
Ln.
Metes and Bounds Description
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EXHIBIT “B”
Reserved for approved Concept Plan