Item 7C
Department of Planning & Development Services
S T A F F R E P O R T
April 15, 2009
CASE NO: ZA08-105
PROJECT:Zoning Change and Concept Plan proposed forLot 29, F. Throop No. 1511
Addition
REQUEST:
Property owner Lester and Stacy Strait are requesting approval of a zoning change
and concept plan from “AG” Agricultural District to “SF1A” Single-Family Residential
District on approximately 1.536 acres of land.
No variances are being requested with this project.
st
ACTION NEEDED:
1. Consider 1 Reading zoning change and concept plan approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
Link to PowerPoint Presentation
(C) Plans and Support Information –
Concept Plan Review Summary No. 2 Dated February 25, 2009
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-583
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA 08-105
BACKGROUND INFORMATION
OWNER/ APPLICANT:
Lester & Stacy Strait
PROPERTY SITUATION:
1900 N. Kimball Avenue
LEGAL DESCRIPTION:
Tracts 1G, 1G1, 1V, 1V1, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“AG” Agricultural District
PROPOSED ZONING:
“SF1A” Single-Family Residential District
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends this portion of N. Kimball Avenue
to be an undivided collector street with 70 feet of right-of-way. The appropriate
amount of Right-of-way will be dedicated for this roadway.
Existing Area Road Network and Conditions
The proposed lot has direct access onto N. Kimball Ave, a 2-lane, undivided
collector roadway.
May 2008 traffic counts on N. Kimball Ave. north of E. Dove Rd.
North Bound South Bound
24hr 1,880 1,834
AM Peak 93197
(9:30AM – 10:30AM) (7:30AM – 8:30AM)
PM Peak 187135
(4:00PM – 5:00PM) (12:45PM – 1:45PM)
Traffic Impact
There will be no significant traffic impact, as only one single-family residence is
being proposed.
PATHWAYS
MASTER PLAN: A 6-foot paved pathway is planned along N. Kimball Ave connecting
Meadowmeare Park to E. Dove Street (Trail Segment 19). The applicant is
however exempt from the construction requirement under Section 5.06.B of
The applicant does not intend nor is required to
Subdivision Ordinance 483.
construct the sidewalk shown on the Concept Plan provided.
SOUTHLAKE 2025: The underlying land use designation is Medium Density Residential. The
proposed development is consistent with the Medium Density Residential
designation.
WATER & SEWER: No sanitary sewer currently exists in the vicinity of this request but a sanitary
septic system has been proposed and meets Tarrant County Health
Department standards. A 2-inch waterline exists along N. Kimball Ave.
Case No. Attachment A
ZA 08-105 Page 1
DRAINAGE ANALYSIS: Drainage from this site is generally to the northwest.
TREE PRESERVATION: Although a number of oaks are proposed to be removed throughout the lot, a
larger number of trees are proposed to be saved. Those trees being saved
included provide significant coverage on the lot.
P&Z COMMISSION: April 9, 2009; Approved (7-0) requiring that the lot to have adequate water
supply prior to construction; and subject to Concept Plan Review Summary No.
2, dated February 25, 2009.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 25, 2009.
N:\Community Development\MEMO\2008cases\08-105.doc
Case No. Attachment A
ZA 08-105 Page 2
Case No. Attachment B
ZA 08-000 Page 1
For Additional Exhibits, please view the
POWERPOINT PRESENTATION
for this item by clicking the above link
Case No. Attachment C
ZA 08-105 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA08-0105Two02/25/09
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: – 1900 N. Kimball Avenue, Lot 29, F Throop No. 1511 Addition
APPLICANT: Architect:
Lester J. Strait Winn Wittman Architecture
1900 N. Kimball Avenue 3601 S. Congress Avenue
Southlake, TX 76092 Austin, TX 78704
Phone: (817) 481-7046 Phone: (512) 473-3738
Fax: (817) 421-6377 Fax: (512) 448-9573
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/10/2009 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 (817) 748-8070.
Lot 29, F. Throop
1. Correct the title to include appropriate plan type “Concept Plan”, and also include “
No. 1511 Addition
.”
2. Label all the adjacent properties and properties across adjoining R.O.W.'s with owner's name, existing
zoning, land use map designation ("L.U.D.=_____") and also show City Limit line.
3. All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as
amended). The following changes are needed:
a. Label the distances to the nearest street R.O.W. intersection
b. Label the distances to the nearest existing off-site driveway centerlines in both directions of
A minimum of 40’ is required
the site (See Driveway Ord. 634 § 5 for spacing requirements) (
between residential driveway centerlines
)
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* The entire lot is heavily vegetated. The submitted Tree Conservation Plan does not provide
information about the existing trees within the location of the proposed house pad but does show trees
that might be removed to construct perimeter fencing and septic sewer lines.
* 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,
Case No. Attachment D
ZA 08-105 Page 1
structures grading, and any other structure proposed to be constructed do not conflict with existing
trees intended to be preserved.
* Denotes informational comments.
# Denotes required items.
Public Works/Engineering Review
Michael James
Civil Engineer
(817) 748-8101
mjames@ci.southlake.tx.us
GENERAL COMMENTS:
1. Provide preliminary water, sewer, drainage and grading plans for this development.
2. A ROW permit shall be obtained from the Public Works Operations Department for connections with
the City’s sewer, water or storm drain inlets. Contact Public Works Operations at (817) 748-8082.
WATER COMMENTS:
1. The minimum size for water lines is 8”.
2. Water lines cannot cross property lines without being in an easement or ROW.
3. There is a sub-standard 2 inch diameter waterline located in Kimball Avenue. The minimum standard
8 inch diameter water line will have to be extended to serve this development. The nearest
connection point is at the intersection of Dove Road and Kimball.
* Staff is currently working with the City of Grapevine to develop an interlocal agreement to provide
temporary water service to this property. This interlocal agreement will need to be approved by the
City of Southlake and City of Grapevine City Councils.
SANITARY SEWER COMMENTS:
1. This lot has more than the required 1 acre minimum for a private sewer system. Sanitary sewer is not
available to this site.
DRAINAGE COMMENTS:
1. Submit a preliminary drainage plan.
2. Provide a grading plan which includes drainage arrows and 2’ contours. Contours may be obtained
from the City of Southlake.
* This property drains into a Critical Drainage Structure and requires a fee to be paid prior to beginning
construction.
* The drainage from this development is generally to the North West. There are no existing storm
sewers to serve this development.
* The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan
Checklist directly to the Public Works Administration Department for review. The plans shall conform
to the most recent construction plan checklist, standard details and general notes which are located
on the City’s website.
* 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.
Case No. Attachment D
ZA 08-105 Page 2
* A Developer’s Agreement may be required for this development and may need to be approved by the
City Council prior to any construction of public infrastructure. Construction plans for these
improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the
City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
Fire Department Review
David C. Barnes
Fire Marshal
(817) 748-8233
GENERAL COMMENTS:
* No general problems noted based on submitted information.
Community Service/Parks Department Review
Peter Kao, P.E.
Construction Manager
(817) 748-8607
pkao@ci.southlake.tx.us
Park Board comments or recommendations:
All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee
credits. Please contact the Community Services Department at (817) 748-8607 for further details.
Land/park dedication requirements:
If not already paid, requires residential park dedication fees in the amount of $3000 per lot or dwelling unit x 1
lots=$3000.00
Pathway Comments:
Recommend 5ft sidewalk.
Informational Comments
* All mechanical equipment must be screened of view right-of-ways and residential properties in
accordance with the Zoning Ordinance No. 480, as amended.
* All lighting must comply with the Lighting Ordinance No. 693, as amended.
* All development must comply with the Drainage Ordinance No. 605, as amended.
Case No. Attachment D
ZA 08-105 Page 3
* All construction 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
ZA 08-105 Page 4
Surrounding Property Owners
SPO # Owner Zoning Land Use Acreage
1.
Geiger, Wallace B Etux Karen AG 1.12
Medium Density Residential
2.
Benner, Pamela June SF1-A 1.10
Low Density Residential
3.
Davis, Richard P Etux Dawn L SF1-A 1.23
Low Density Residential
Medium Density Residential, 100-
4.
Bradley, Warren A SF1-A 1.40
Year Flood Plain, Low Density
Residential
Medium Density Residential, 100-
5.
Wilkinson, Chris Etux Robin AG 4.97
Year Flood Plain, Low Density
Residential
6.
Mock, Blynn L Etux Patricia B AG 1.12
Medium Density Residential
7.
Edwards, Douglas David AG 0.54
Medium Density Residential
8.
Strait, Lester J & Stacey AG 0.58
Medium Density Residential
9.
Savannah Court Partnership Llc AG 0.44
Medium Density Residential
10.
Savannah Court Partnership Llc AG 0.50
Medium Density Residential
11.
Savannah Court Partnership Llc AG 0.50
Medium Density Residential
12.
Strait, Lester J & Stacey AG 0.49
Medium Density Residential
13.
City of Grapevine
Case No. Attachment E
ZA 08-105 Page 1
Surrounding Property Owner Responses
-----
Notices Sent:
Thirteen (13)
Responses Received:
None (0)
Case No. Attachment F
ZA 08-105 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-583
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING DESCRIBED AS TRACTS 1G1, 1G,
1V1, 1V, F. THROOP SURVEY, ABSTRACT NO. 1511, SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.536
ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF1A”
SINGLE-FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE
APPROVED CONCEPT PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT “B”, SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9
of the Texas Local Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use of
buildings, other structures and land for business, industrial, residential and other purposes, and to
amend said ordinance and map for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural
District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment G
ZA 08-105 Page 1
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 at the time
Case No. Attachment G
ZA 08-105 Page 2
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 legally described as Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No.
1511, Southlake, Tarrant County, Texas being approximately 1.536 acres, and more
fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A”
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
conditions:
Case No. Attachment G
ZA 08-105 Page 3
1. Reserved for final City Council motion / 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.
SECTION 5.
Case No. Attachment G
ZA 08-105 Page 4
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 or its caption and penalty together with a notice setting out the time and place for a
Case No. Attachment G
ZA 08-105 Page 5
public hearing thereon at least fifteen (15) 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
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment G
ZA 08-105 Page 6
PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA 08-105 Page 7
EXHIBIT “A”
Being legally described as Tracts 1G1, 1G, 1V1, 1V, F. Throop Survey, Abstract No. 1511,
Southlake, Tarrant County, Texas being approximately 1.536 acres and more fully and completely
described as follows:
Reserved for Metes & Bounds Description
Case No. Attachment G
ZA 08-105 Page 8
EXHIBIT “B”
Reserved for approved concept plan
Case No. Attachment G
ZA 08-105 Page 9