Item 7D
Department of Planning & Development Services
S T A F F R E P O R T
June 10, 2009
CASE NO:ZA08-062
PROJECT:Zoning Change and Concept Plan for 520 S. White Chapel Blvd.
REQUEST:
William LaFavers and Gary Hood are requesting approval of a Zoning Change and
Concept Plan from “AG” Agricultural District to “SF-20A” Single-Family Residential
District for the construction of a new residence on 0.67 acres located at 520 S. White
Chapel Blvd. The concept plan shows a building envelope to include an accessory
building behind the main residence. The applicant has a case pending before the
Zoning Board of Adjustment (ZBA) on June 11, 2009 requesting a variance to Zoning
Ordinance No. 480, Section 13.5(f), requiring a minimum lot area of thirty thousand
(30,000) square feet for “SF-30” zoning. If the variance is approved, the applicant will
change the zoning request from “SF-20A” to “SF-30”, which allows for the construction
of a family quarters with approval of a Special Exception Use Permit from ZBA (Ord.
480, Section 44.12(1)). The sum total of accessory buildings in “SF-20A” zoning
districts shall not exceed 600 square feet. The existing metal accessory building at the
rear of the property is approximately 1500 square feet. It may remain so long as it is
compliant with the provisions for a non-conforming structure as defined in the Zoning
Ordinance No. 480, as amended.The construction of any additional accessory
buildings or structures on the property will require approval of a Special Exception Use
Permit from ZBA to allow for construction of accessory buildings or structures of a size
or aggregate size greater than that permitted under the accessory building
requirements of the zoning district of the property (Zoning Ord. 480, Section 44.12(3)).
The family quarters may be attached to the principal structure, in which case it would
not be classified as an accessory structure. Its size would still be limited by the
maximum lot coverage regulation, which is thirty percent (30%) for “SF-20A” and
twenty percent (20%) for “SF-30” zoning.
No additional variances are being requested.
ACTION NEEDED: Consider first reading approval of a zoning change and concept plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
Link to PowerPoint Presentation
(C) Plans and Support Information –
(D) Concept Plan Review Summary No. 2, dated January 15, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owner Responses
(G) SPIN Report
(H) Ordinance No. 480-579
for Commission and Council Members Only
(I) Full Size Plans ()
Case No.
ZA08-062
STAFF CONTACT:
Ken Baker (817)748-8067
Richard Schell (817)748-8602
Case No.
ZA08-062
BACKGROUND INFORMATION
OWNER/APPLICANT:
William E. LaFavers and Gary Hood
PROPERTY SITUATION:
520 S. White Chapel Blvd.
LEGAL DESCRIPTION:
Tract 3E, Hiram Granberry Survey, Abstract No. 581
LAND USE CATEGORY:
Low Density Residential
OPTIONAL LAND
USE CATEGORY:
“RC” Rural Conservation
CURRENT ZONING:
“AG” Agricultural District
PROPOSED ZONING:
“SF-20A” Single-Family Residential District (min. 20,000 SF) or “SF-30” Single
Family Residential (min. 30,000 SF) if the pending variance request to Zoning
Ord. No. 480, Section 13.5(f) before the Zoning Board of Adjustment is
approved.
TREE CONSERVATION
PLAN:
All existing trees shown to be preserved on the City Council approved Concept
Plan must be preserved and protected during all phases and construction of
the development.
PATHWAYS
MASTER PLAN:
The applicant is exempted from providing the 6’ sidewalk planned along the
west side of S. White Chapel Blvd. due to the fact that the lot will be platted as
a single lot of record, sidewalks are not existing on both sides of the lot, and
the lot is not located within 1,500 feet of a school. (Subdivision Ord. No. 483,
Section 5.06.B.2.d)
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends S. White Chapel Blvd to be a 2-
lane, undivided arterial with 88 feet of right-of-way. The appropriate amount of
right-of-way will be dedicated for this roadway when the property is platted.
Existing Area Road Network and Conditions
The proposed lot has direct access onto S. White Chapel Blvd., a 2-lane,
undivided arterial roadway.
May 2008 traffic counts on S. White Chapel Blvd. (between F.M. 1709
and Continental Blvd.)
24hr 5,5656,657
North Bound (NB) () South Bound (SB) ()
AM
616515
() 7:15 am –8:15 pm () 7:30 – 8:30 am
Peak
PM
461754
() 3:00 – 4:00 pm () 3:30 – 4:30 pm
Peak
Case No. Attachment A
ZA08-062 Page 1
Traffic Impact
There will be no additional traffic impact, as an existing residence is proposed
to be replaced by a new residence.
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:
There is an existing 12” water line in White Chapel to serve this property.
There is an existing 8” sanitary sewer line along the west property line to serve
this property.
DRAINAGE ANALYSIS:
The property drains generally to the west.
P&Z ACTION:
January 22, 2009; Approved (7-0) accepting the applicants offering that the
northern boundary is to remain evergreen shrubs and would not include wood
fencing; and Subject to Concept Plan Review Summary No. 2, dated January
15, 2009.
CITY COUNCIL ACTION:
February 3, 2009; Approved on consent (5-0) to table to February 17, 2009.
February 17, 2009; Approved on consent (5-0) to table to March 3, 2009.
March 3, 2009; Approved on consent (5-0) to table to April 7, 2009.
April 7, 2009; Approved on consent (7-0) to table to April 21, 2009.
April 21, 200; Approved on consent (6-0) to table to May 5, 2009.
May 5, 2009; Approved on consent (6-0) to table to May 19, 2009.
May 19, 2009; Approved on consent (6-0) to table to June 16, 2009.
STAFF COMMENTS:
Attached is Concept Plan Review Summary No. 2, dated January 15, 2009.
Case No. Attachment A
ZA08-062 Page 2
Case No. Attachment B
ZA08-062 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA08-062 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA08-062Two01/15/09
Case No.: Review No.: Date of Review:
520 S. White Chapel Blvd. -Concept Plan
Project Name:
APPLICANT: Gary Hood OWNER: Bill Lafavers
1515 Cannon Pkwy #612
Roanoke, TX
Phone: (817) 229-6300 Phone:
E-mail: garyhood@hood-construction.com Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
01/05/09 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
RICHARD SCHELL AT (817) 748-8602 OR DENNIS KILLOUGH AT (817) 748-8072.
1. Show, label and dimension the width of the R.O.W. and traveled roadway on or adjacent to the
site.
2. Show and label a Type “B” bufferyard along S. White Chapel Blvd.
Public Works/Engineering Review
Cheryl Taylor
Civil Engineer
(817) 748-8100
ctaylor@ci.southlake.tx.us
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
* There is an existing 12” water line in White Chapel to serve this property.
* There is an existing 8” sanitary sewer line along the west property line to serve this property.
DRAINAGE COMMENTS:
* Proposed driveway culverts must be sized by an engineer and submitted for approval to the City
Engineer.
* This property drains into Critical Drainage Structure #20 and may require a fee to be paid prior to
beginning construction ($214.29/acre).
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* A ROW 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.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
Case No. Attachment D
ZA08-062 Page 1
construction plans.
*=Denotes informational comment.
Informational Comments:
* The maximum lot coverage is 30%. The sum total of accessory buildings shall not exceed 600
square feet. The existing accessory building is approximately 1500 square feet. It may remain so
long as it is compliant with the provisions for a non-conforming structure as defined in the Zoning
Ordinance No. 480, as amended.
* 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 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.
* Please be aware that all existing trees shown to be preserved on the City Council approved Concept
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.
* The applicant is exempted from providing the 6’ sidewalk planned along the west side of S. White
Chapel Blvd. due to the fact that the lot will be platted as a single lot of record, sidewalks are not
existing on both sides of the lot, and the lot is not located within 1,500 feet of a school.
(Subdivision Ord. No. 483, Section 5.06.B.2.d)
* Denotes Informational Comment
cc:
Case No. Attachment D
ZA08-062 Page 2
Surrounding Property Owners
520 S. White Chapel Blvd.
SPO # Owner Zoning Land Use Acreage Response
1. NR
McLemore, Mark T Etux Capri SF1-A Low Density Residential 3.93
2. NR
Anderson, Wilfred E Etux V SF1-A Low Density Residential 3.04
3. U
Linkous, J Ronald Etux Regina AG Low Density Residential 1.90
4. NR
Vpg Investment Ltd SF20A Medium Density Residential 0.46
5. NR
Vpg Investments Ltd SF20A Medium Density Residential 0.60
6. NR
Swift Custom Homes Inc SF20A Medium Density Residential 0.63
7. NR
Lafavers, William E & Phyllis AG Low Density Residential 4.97
8. NR
Lafavers, William E & Phyllis AG Low Density Residential 0.73
9. NR
Lafavers, William E & Phyllis SP1 Low Density Residential 0.18
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment E
ZA08-062 Page 1
Surrounding Property Owner Responses
520 S. White Chapel Blvd.
Notices Sent:
Nine (9)
Responses Received:
One (1)
1. J. Ronald and Regina Linkous, 500 S. White Chapel Blvd., Southlake, TX;
Notification
Submitted a
Undecided About
Response Form
stating on January 20, 2009 (attached).
Case No. Attachment F
ZA08-037 Page 1
Linkous_Page_1_of_2
Case No. Attachment F
ZA08-037 Page 2
Linkous_Page_2_of_2
Case No. Attachment F
ZA08-037 Page 3
Case No. Attachment F
ZA08-037 Page 4
SPIN MEETING REPORT
CASE NO.
ZA08-062
PROJECT NAME:
520 S. White Chapel
SPIN DISTRICT:
SPIN # 14
MEETING DATE:
October 13, 2008, 7 p.m.
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Five (5)
SPIN REPRESENTATIVE(S) PRESENT:
Ron Evans (#14)
APPLICANT(S) PRESENTING:
Gary Hood, Owner
STAFF PRESENT:
Lorrie Fletcher, Planner I
STAFF CONTACT:
Lorrie Fletcher, (817)748-8069; lfletcher@ci.southlake.tx.us
EXECUTIVE SUMMARY
Property Situation
The property is located at 520 S. White Chapel, just north of the Feedstore BBQ.
Development Details
Applicant is proposing a zoning change from AG Agricultural District to SF-30 Single Family
Residential District.
The purpose of the zoning change is to enable the owner to tear down and rebuild one house on one
nd
lot. His plan proposes an interim living quarters constructed as a 3-car garage with 2 story living
space. There is an associated application in process for the Zoning Board of Adjustment in requesting
approval for this variance.
QUESTIONS & DISCUSSION
A brief discussion was held regarding proposed location of house and setbacks.
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 G
ZA08-062 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-579
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 0.67 ACRES SITUATED IN HIRAM
GRANBERRY SURVEY, ABSTRACT NO. 581, TRACT 3E,
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
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing
Case No. Attachment H
ZA08-062 Page 1
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
Case No. Attachment H
ZA 08-062 Page 2
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 0.67 acre tract of land situated in the Hiram
Granberry Survey, Abstract No. 581, Tract 3E, 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
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Case No. Attachment H
ZA 08-062 Page 3
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 H
ZA 08-062 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 H
ZA 08-062 Page 5
EXHIBIT "A"
Reserved for Metes and Bounds
Case No. Attachment H
ZA 08-062 Page 6
EXHIBIT "B"
Reserved for Approved Concept Plan
Case No. Attachment H
ZA 08-062 Page 7