Item 6E
Department of Planning & Development Services
S T A F F R E P O R T
August 28, 2009
CASE NO: ZA09-021
PROJECT: Zoning Change and Concept Plan for 1030 Primrose Lane
REQUEST:
Terra Land Management Company is requesting a Zoning Change and Concept Plan
from “AG” Agricultural Zoning District to “SF-20A” Single-Family Residential Zoning
District in order to create two (2) new single-family lots and construct a single-family
home on each lot. The existing lot is currently 0.986 acres or approximately 42,830
square feet in size and has an existing home which would be removed if approved.
The proposed lots are being identified as Lot 5 and Lot 6; Lot 5 is 20,440 square feet
in size and Lot 6 is 20,000 square feet in size meeting the lot size requirement of the
“SF-20A” Zoning District. As proposed, the Zoning District requested is inconsistent
with the City’s Land Use Plan and therefore the applicant has submitted a
CP09-001
Comprehensive Plan Amendment with this application under Planning Case .
VARIANCES:
A variance to Section 8.01.Easking that a row or tier of lots having a minimum lot
width of 125 feet at the rear property line shall be provided adjacent to the following:
any property that is currently zoned or platted residential and contains lots of one acre
or larger or any property shown on the approved City Land Use Plan to be designated
for lots of one acre or larger in size not be required.
A variance to Section 8.01.G referring to buffer lotsthat a minimum 30,000 square foot
lots shall be required on all lots adjacent to platted property zone SF-1 or RE not be
required.
ACTION NEEDED: 1) Conduct Public Hearing
nd
2) Consider 2 Reading of Zoning Change and Concept Plan approval request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Review Summary No. 2 dated July 10, 2009
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-589
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA09-021
BACKGROUND INFORMATION
OWNER:
Terra Stratfort Office, L.P.
APPLICANT:
Terra Land Management Co., Paul Spain
PROPERTY SITUATION:
1030 Primrose Lane
LEGAL DESCRIPTION:
Tract 2C05, A.H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Light Density Residential
CURRENT ZONING:
“AG” Agricultural Zoning District
REQUESTED ZONING:
“SF-20A” Single-Family Residential Zoning District
HISTORY:
The existing home proposed for demolition was built in 1966 (Source: TAD).
SOUTHLAKE 2025
PLAN:
The underlying land use designation is Low Density Residential. As stated in
the request, the applicant is proposing a Zoning District which is inconsistent
with the current land use designation and therefore has submitted a
CP09-001
Comprehensive Plan Land Use Amendment under Planning Case .
TRANSPORTATION
ASSESSMENT:
The proposal adds one (1) new single-family home onto Primrose Lane where
currently four (4) residences take access onto so therefore does not create any
significant traffic impact.
PATHWAYS
MASTER PLAN:
No sidewalks exist currently on Primrose Lane but due to the proposed
subdivision, a four foot (4’) sidewalk would be required and has been provided
by the applicant along Primrose Lane.
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:
There is not significant tree coverage on either of the proposed lots and no
suggested preservation requirement pertaining to the Environmental Resource
Protection Map. One-Hundred percent (100%) of trees are proposed to be
preserved on Lot 5 and approximately seventy-five percent (75%) on Lot 6.
PLANNING &
ZONING COMMISSION:
August 6, 2009; Approved (5-0) subject to Concept Plan Review Summary No.
2 dated July 10, 2009 and granting the requested variances.
CITY COUNCIL:
August 18, 2009; Approved (6-0) on consent agenda subject to Concept Plan
Review Summary No. 2 dated July 10, 2009 granting the requested variances.
STAFF COMMENTS:
Concept Plan Review Summary No. 2 dated July 10, 2009 is attached. A plat
must also be processed and recorded prior to issuance of any building permits.
Case No. Attachment A
ZA09-021 Page 1
N:\Community Development\MEMO\2009cases\021 - ZCP - 1030 Primrose.doc
Case No. Attachment A
ZA09-021 Page 2
Case No. Attachment B
ZA09-021 Page 1
Plans and Support Information
Case No. Attachment C
ZA09-021 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA09-021Two07/10/09
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: – Lots 5 & 6, Block 1, Primrose Court
APPLICANT: Surveyor:
Terra Land Management Co. Stoneburner Land Surveying
Paul Spain P.O. Box 270863
395 W Northwest Pkwy, Ste 300, Southlake, TX Flower Mound, TX 75027
Phone: (817) 410-9201 Phone: (972) 724-5454
Fax: (817) 410-9205 Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 6/1/09
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 DANIEL CORTEZ
AT (817) 748-8070.
1. As proposed, sanitary sewer service is required to serve the proposed lots. The proposed lot
configuration does not meet the minimum requirements for an “On-Site Sanitary Sewer Facility” or
septic system.
2. Buffer Lots: A minimum 30,000 square foot lots shall be required on all lots adjacent to platted
(A Variance must be requested for this requirement)
property zoned SF-1 or RE.
3. A row or tier of lots having a minimum lot width of 125 feet at the rear property line shall be provided
adjacent to the following: any property that is currently zoned or platted residential and contains lost of
one acre or larger; any property shown on the approved City Land Use Plan to be designated for lots
(A Variance must be requested for this requirement)
of one acre or larger in size.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
kmartin@ci.southlake.tx.us
(817) 748-8229
TREE CONSERVATION COMMENTS:
* The proposed tree removal complies with the Existing Tree Cover Preservation Requirements of the
Tree Preservation Ordinance.
A Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with
the percentage requirements established by Table 2.0 within the Tree Preservation Ordinance.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
Case No. Attachment D
ZA09-021 Page 1
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.
Public Works/Engineering Review
Michele McCullough
Civil Engineer
mmccullough@ci.southlake.tx.us
(817) 748-8274
GENERAL COMMENTS:
1. There is an existing 6 inch water line that serves these two lots.
2. There is no existing sanitary sewer that serves these lots. All lots are currently on septic service.
3. The City currently has a Capital Improvement Project under design that will replace the existing 6
inch water line with a new 8 inch water line. Also included in the design is the design of an 8 inch
sanitary sewer line that will provide the residents on Primrose Court sanitary sewer service. There
will also be some drainage improvements made on the south side of the road. The road is also
scheduled to be reconstructed and the City will then take over the maintenance of the road.
Currently Primrose Court is a private street.
Community Services – Parks
Julie Dove
Parks Supervisor
jdove@ci.southlake.tx.us
(817) 748-8026
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:
Case No. Attachment D
ZA09-021 Page 2
Requires residential park dedication fees in the amount of $3000 per lot or new dwelling unit.
1
lots = $3000
Informational Comments
* All development must comply with the underlying zoning district regulations.
* 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 and a
Certificate of Occupancy is issued.
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
65
* It appears that this property lies within the LDN D/FW Regional Airport Overlay Zone and will
require construction standards that meet requirements of the Airport Compatible Land Use Zoning
Ordinance No. 479.
* The applicant should be aware that prior to any conveyance or 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
ZA09-021 Page 3
Surrounding Property Owners
1030 Primrose Lane
SPO # Owner Zoning Land Use Acreage Response
1. F
SF1-A Low Density Residential 1.069
Soulier, Paul D Etux Mary E
2. NR
SF1-A Low Density Residential 1.011
Tharp, Harry E Etux Monica
3. NR
SF1-A Low Density Residential 1.058
Chodavadia, Bharatkum B Etux
4. F
SF20A Low Density Residential 0.612
Smiley, Gregory W Etux Janet L
5. NR
RPUD Medium Density Residential 0.602
Hatfield, J A
6. NR
RPUD Medium Density Residential 0.626
Landolfo, A Peter Etux Deanna
7. NR
RPUD Medium Density Residential 0.867
Flexer, David J Etux Karen J R
8. NR
RPUD Medium Density Residential 3.093
Estes Park Hoa
9. NR
AG Low Density Residential 0.365
Grant, Janice L
10. NR
AG Low Density Residential 0.964
Morris, Louis M Etux Leslie
Mixed Use
F
11.
Hines Southlake Land Lp ECZ 99.194
100-Year Flood Plain
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eleven (11)
Responses Received:
Three (3) - Attached
Case No. Attachment E
ZA09-021 Page 1
Case No. Attachment F
ZA09-021 Page 1
Case No. Attachment F
ZA09-021 Page 2
Case No. Attachment F
ZA09-021 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-589
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 TRACT 2C05, A.H.
CHIVERS SURVEY, ABSTRACT NO. 299, SOUTHLAKE, TARRANT
COUNTY, TEXAS BEING APPROXIMATELY 0.986 ACRES AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” 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
Case No. Attachment G
ZA09-021 Page 1
District under the City’s Comprehensive Zoning Ordinance; and,
WHEREAS,
a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street
parking facilities; location of ingress and egress points for parking and off-street loading spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on the
promotion of health ad the general welfare; effect on light and air; effect on the over-crowding of
the land; effect on the concentration of population, and effect on transportation, water, sewerage,
schools, parks and other public facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly
requires the amendments, and that the zoning changes do not unreasonably invade the rights of
Case No. Attachment G
ZA09-021 Page 2
those who bought or improved property with reference to the classification which existed at the time
their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in
zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over-crowding of land, avoids undue concentration of population, and facilitates the adequate
provision of transportation, water, sewerage, schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a
necessity and need for the changes in zoning and has also found and determined that there has
been a change in the conditions of the property surrounding and in close proximity to the tract or
tracts of land requested for a change since the tract or tracts of land were originally classified and
therefore feels that the respective changes in zoning classification for the tract or tracts of land are
needed, are called for, and are in the best interest of the public at large, the citizens of the city of
Southlake, Texas, and helps promote the general health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby
amended so that the permitted uses in the hereinafter described areas be altered, changed and
amended as shown and described below:
Being legally described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299,
Southlake, Tarrant County, Texas being approximately 0.986 acres, and more fully
and completely described in Exhibit “A” from “AG” Agricultural District to “SF-20A”
Single Family Residential District as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit “B,” and subject to the following
Case No. Attachment G
ZA09-021 Page 3
conditions:
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.
Case No. Attachment G
ZA09-021 Page 4
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment G
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ordinance or its caption and penalty together with a notice setting out the time and place for a
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.
th
PASSED AND APPROVED on the 1st reading the 18 day of August, 2009.
_________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
st
PASSED AND APPROVED on the 2nd reading the 1 day of September, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
Case No. Attachment G
ZA09-021 Page 6
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA09-021 Page 7
EXHIBIT “A”
Being legally described as Tract 2C05, A.H. Chivers Survey, Abstract No. 299, Southlake, Tarrant
County, Texas being approximately 0.986 acres, and more fully and completely described as
follows:
Reserved for Metes & Bounds Description
Case No. Attachment G
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EXHIBIT “B”
Reserved for approved concept plan.
Case No. Attachment G
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