Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
June 10, 2009
CASE NO: ZA09-016
PROJECT: Zoning Change and Concept Plan for 1080 Primrose Lane
REQUEST:
Zoning Change and Concept Plan from “AG” Agricultural District to “SF-20A” Single
Family Residential District to construct a new home on approximately 0.34 acres
located at 1080 Primrose Lane. This is a pre-existing tract of land of approximately
14,979 square feet having a width of approximately 87 feet. There is an existing home
on the property which the owner proposes to remove to build a new home. For new
building construction, the subdivision ordinance requires that the property be platted
and be appropriately zoned. After right-of-way dedication for Primrose Lane, the net
land area is approximately 14,109 square feet. Given the existing tract size, the only
residential zoning district that the applicant could fully comply with is the “MH”
Manufactured Housing district. Given the surrounding land uses and zonings, it is
believed that “SF-20A” zoning is a more appropriate zoning for the tract with variances
for physical constraints (lot area, lot width and side yard setbacks) of the existing tract
granted by the Board of Adjustment. The City of Southlake Board of Adjustment
approved the following variances needed on May 28, 2009, subject to the property
receiving approval for SF-20A single family residential zoning:
1) Variance to Ordinance No. 480, Section 14.5f, requiring a minimum lot area of
twenty thousand (20,000) square feet. A lot area of 14,109 square feet was
approved.
2) Variance to Ord. 480, Section 14.5g, requiring a minimum lot width of one
hundred (100) feet. A lot width of eighty seven (87) feet was approved.
3) Variance to Ord. 480, Section 14.5c, requiring a side yard setback of fifteen
(15) feet. A side yard setback of seven and one half (7.5) feet was approved.
ACTION NEEDED: Consider first reading approval of a zoning change and concept plan.
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Revised Concept Plan Review Summary No. 1, dated June 8, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance 480-586
for Commission and Council Members Only
(H) Full Size Plans ()
Case No.
ZA09-016
STAFF CONTACT:
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA09-016
BACKGROUND INFORMATION
OWNER/APPLICANT:
Casey Litaker and Janice Grant-Litaker
PROPERTY SITUATION:
1080 Primrose Lane
LEGAL DESCRIPTION:
Tract 2C4A, Absolom H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“AG” – Agricultural District
REQUESTED ZONING:
“SF-20A” – Single Family Residential District
HISTORY:
The existing home proposed for demolition was built in 1966 (Source: TAD).
TRANSPORTATION
ASSESSMENT:
As one (1) existing single-family residence is proposed to be replaced by one
(1) new single-family residence, there is no new traffic impact generated by this
application.
PATHWAYS
MASTER PLAN:
No sidewalks exist on Primrose Lane and a sidewalk will not be required with a
single lot plat showing.
SOUTHLAKE 2025/
STRATEGIC LINK:
The underlying land use designation is Low Density Residential. Although the
proposed development is not consistent with the Low Density Residential
designation, it is on a single existing tract and there will be no increase in
density.
WATER & SEWER:
This site is serviced by a 6” water line along Primrose Lane. Sewer service to
Primrose Lane is in the design stage and construction should be complete
within one year. The sewer line must be installed before water service is
provided to the property.
TREE PRESERVATION:
One 32” American Elm is shown to be removed on the Tree Conservation
Plan. An 8” Ash is labeled as marginal because the tree is in poor condition.
ZONING BOARD OF
ADJUSTMENT ACTION:
May 28, 2009; Case ZBA-572; the following variances were approved (5-0)
subject to the property being rezoned SF-20A:
1) Variance to Ordinance No. 480, Section 14.5f, requiring a minimum lot area
of twenty thousand (20,000) square feet. A lot area of 14,109 square feet
was approved.
2) Variance to Ord. 480, Section 14.5g, requiring a minimum lot width of one
hundred (100) feet. A lot width of eighty seven (87) feet was approved.
3) Variance to Ord. 480, Section 14.5c, requiring a side yard setback of fifteen
(15) feet. A side yard setback of seven and one half (7.5) feet was
approved.
P&Z ACTION:
June 4, 2009; Approved (6-0) recognizing that the proposed zoning is not in
Case No. Attachment A
ZA09-016 Page 1
accordance with the land use plan, however, the intensity of use will not
change, no water service or Certificate of Occupancy is permitted before
sanitary sewer service is available, and subject to Plat Review Summary No. 2
dated May 22, 2009.
STAFF COMMENTS:
The property must be rezoned and platted before a building permit can be
issued to construct a new home. The only zoning district that would allow the
applicant to construct a new home without requiring the variances to lot area
and lot width would be “MH” Manufactured Housing. Since manufactured
housing zoning would not fit with the surrounding properties, the applicant
applied for and was granted the variances above to allow the property to be
rezoned to “SF-20A”. Revised Concept Plan Review No. 1, dated June 8, 2009
is attached.
Case No. Attachment A
ZA09-016 Page 2
Case No. Attachment B
ZA09-016 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA09-016 Page 1
Tree Conservation Plan
Case No. Attachment C
ZA09-016 Page 2
REVISED CONCEPT PLAN REVIEW SUMMARY
ZA09-016One6/08/09
Case No.: Review No.: Date of Review:
Concept Plan– 1080 Primrose Lane
Project Name:
APPLICANT/OWNER:
Casey & Janice Litaker
1080 Primrose Ln
Southlake, TX 76092
Phone: (972) 467-2105
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/04/09 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
DENNIS KILLOUGH AT (817) 748-8072 OR DANIEL CORTEZ AT (817) 748-8070.
Informational Comments:
* 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.
* Sewer service to Primrose Lane is in the design stage and construction should be complete within one
year. The sewer line must be installed before water service is provided to the property.
* All development must comply with the Drainage Ordinance No. 605, as amended.
* All construction or earth disturbance occurring on site must comply with 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 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.
* Denotes Informational Comment
Case No. Attachment D
ZA09-016 Page 1
Surrounding Property Owners
1080 Primrose Lane
SPO # Owner Name Zoning Land Use Acreage Response
Mills Custom Homes Lp SF30 Low Density Residential 0.974
1
NR
Soulier, Paul D Etux Mary E SF1-A Low Density Residential 1.069
2
NR
Tharp, Harry E Etux Monica SF1-A Low Density Residential 1.011
3
NR
Chodavadia, Bharatkum B Etux SF1-A Low Density Residential 1.058
4
NR
Satterfield, David Etux Carla SF1-A Low Density Residential 1.056
5
NR
Smiley, Gregory W Etux Janet L SF20A Low Density Residential 0.612
6 F
Grant, Janice L AG Low Density Residential 0.365
7
NR
Morris, Louis M Etux Leslie AG Low Density Residential 0.964
8
NR
Mixed Use, 100-Year Flood
Hines Southlake Land Lp ECZ Plain 99.194
9
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Nine (9)
Responses Received:
One (1)
Case No. Attachment E
ZA09-016 Page 1
Surrounding Property Owner Responses
Case No. Attachment F
ZA09-016 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-586
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
APPROXIMATELY 0.34 ACRES SITUATED IN THE
ABSOLOM H. CHIVERS SURVEY, ABSTRACT NO. 299,
TRACT 2C4A, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL
TO "SF-20A" SINGLE FAMILY RESIDENTIAL AS DEPICTED
UPON THE CONCEPT PLAN ATTACHED HERETO AS
EXHIBIT “B” AND 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, 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
Case No. Attachment G
ZA09-016 Page 1
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 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.
Case No. Attachment G
ZA09-016 Page 2
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 approximately a 0.34 acre tract of land situated in the Absolom H.
Chivers Survey, Abstract No. 299, Tract 2C4A, and more fully and
completely described in Exhibit "A" attached hereto and incorporated herein,
from "AG" Agricultural to "SF-20A" Single Family Residential as depicted
upon the Concept Plan attached hereto as Exhibit “B” and subject to the
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. 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
Case No. Attachment G
ZA09-016 Page 3
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 or its caption and penalty 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 if 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 ___________,
2009.
_____________________________
MAYOR
Case No. Attachment G
ZA09-016 Page 4
ATTEST:
_____________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________,
2009.
_____________________________
MAYOR
ATTEST:
_____________________________
APPROVED AS TO FORM AND LEGALITY:
________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:________________________
EFFECTIVE:______________________
Case No. Attachment G
ZA09-016 Page 5
EXHIBIT "A"
Reserved for Metes and Bounds
Case No. Attachment G
ZA09-016 Page 6
EXHIBIT "B"
Reserved for Approved Concept Plan
Case No. Attachment G
ZA09-016 Page 7