Item 7B
Department of Planning & Development Services
S T A F F R E P O R T
February 27, 2008
ZA07-162
CASE NO:
Zoning Change and Concept Plan for Lots 9-12, J. Childress No. 254 Addition
PROJECT:
REQUEST: Beadin & Gazim Idoski are requesting approval for a Zoning Change and Concept Plan
from “AG” Agricultural District to “SF-20B” Single-Family Residential District for the
development of four (4) residential lots on approximately 1.977 acres located at 3010
Lake Drive.
1. Consider first reading for a zoning change and concept plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 2, dated February 15, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-552
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817) 748-8067
Clayton Comstock (817) 748-8269
Case No.
ZA07-162
BACKGROUND INFORMATION
OWNER/APPLICANT: Beadin & Gazim Idoski
PROPERTY SITUATION: 3010 Lake Drive
LEGAL DESCRIPTION: Tract 3D02, J.H. Childress Survey, Abstract No. 254
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: AG Agricultural District
REQUESTED ZONING: SF-20B Single Family Residential District
HISTORY: The existing residence was built in 1955 (Source: TAD); there is no further
development history.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
Existing Area Road Network and Conditions
The proposed lot has direct access onto Lake Drive.
Lake Drive is currently a 2-lane, undivided roadway. The capacity of the
existing roadway is approximately 8,400 vehicle trips per day. Under this
condition, the roadway would be considered to operate under a level of service
‘D’. Completion of this development will add 38 vehicle trips per day to this
section of Lake Drive. This development is notexpected to warrant expansion
of the existing roadway network.
There are no traffic counts for this section of Lake Drive.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 4 38 1 2 3 1
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Lake Drive.
PATHWAYS
MASTER PLAN: Neither the Pathways Plan nor the Sidewalk Plan provide any
recommendations for this section of Lake Drive. Although not represented on
the Concept Plan, the applicant has indicated their intent to install the required
four-foot sidewalk sections upon home construction.
WATER & SEWER: Water: This site will be serviced by an existing 8-inch water line in Lake Drive.
Sewer: There is no existing sewer service to this site and no sewer lines
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directly adjacent. An minimum 8” sewer line will be required to be installed to
service these homesites.
DRAINAGE ANALYSIS: This site currently drains west toward Dove Estates and east toward Lake
Drive. After development of each lot, the drainage will be directed mainly
toward Lake Drive.
TREE PRESERVATION: The site’s tree canopy cover is approximately 50%. The applicant will be
required to save approximately 50% of the existing tree cover.
P&Z ACTION: February 21, 2008; Approved (6-0) subject to Concept Plan Review Summary
No. 2, dated February 15, 2008; and noting that there will be no front-entry
garages.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated February 15, 2008.
N:\Community Development\MEMO\2007cases\07-162ZCP.doc
Case No. Attachment A
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Case No. Attachment B
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LINK TO POWERPOINT PRESENTATION FOR THIS ITEM
Case No. Attachment C
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CONCPET PLAN
Case No. Attachment C
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CONCEPT PLAN REVIEW SUMMARY
ZA07-162Two02/15/08
Case No.: Review No.: Date of Review:
Concept PlanLots 9-12, J. Childress No. 254 Addition
Project Name: –
APPLICANT/OWNER: SURVEYOR:
Dino Idoski Burks Land Surveying – Tommy Burks
600 Main St; Suite 200
Rhome, TX 76078
P: 817-638-2242
E: blsurvey@embarqmail.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
02/04/08 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
CLAYTON COMSTOCK AT (817) 748-8269.
1. Please provide full-sized copies of the submitted Tree Conservation Plan representing the removal
(red), preservation (green), and potential removal (blue) of all trees on site.
2. Provide the deed record instrument in the Owner’s Certification
3. The following comments are in regard to the CONCEPT PLAN:
a. Provide zoning and land use designations for Howman and York property to the east
b. Wherever zoning is labeled (on- or off-site), also provide Land Use Designation (“LUD=”)
c. Correct the Land Use Designation of Hudson Bay Estates to “LDR” or “Low Density
Residential”
d. Delineate R.O.W. dedication and label width of dedication (use same labeling method as
on Plat for ROW dedication)
e. Show and label the required 4’ sidewalk along Lake Dr. to be built upon issuance of
building permit for each lot. Sidewalk should avoid all trees possible
A fully corrected plan that includes all associated support plans/documents and conditions of
*
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
*
development run-off.
Any variance requests have to be documented in writing and fully justified.
*
* 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, and a 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
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limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees,
and related Permit Fees.
GENERAL ENGINEERING COMMENTS:
1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’
minimum and located on one lot – not centered on the property line
* Use the City of Southlake GPS monuments whenever possible.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
WATER COMMENTS:
* The water meters must be located in an easement or right-of-way.
* An existing 8 inch water line exists on the west side of Lake Drive.
SANITARY SEWER COMMENTS:
1. The minimum size for sanitary sewer lines is 8”. All sanitary service lines must connect to a public
sanitary system line that is built to City standards.
2. The existing 8 inch sewer line as show on the preliminary utility plan is not accurate. The existing
main does not extend the length of the tract along Lake Dr. as shown.
3. An 8” public sewer will need to be extended to serve each property.
* All sewer lines in easements or ROW must be constructed to City standards.
* There is an 8 inch existing sanitary sewer that flows to the North along the east side of Lake Dr.
There is an 8 inch existing sanitary sewer that flows to the south along the east side of Lake Dr.
There are also existing 6 inch sanitary sewer lines located in the Dove Estates to the north, west and
south of the proposed lots 8 – 11.
* Water and sewer lines cannot cross property lines without being in a public easement or in the ROW.
All waterlines in easements or ROW must be constructed to City standards.
DRAINAGE COMMENTS:
* 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 of any proposed public infrastructure with this development. 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.
* 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.
* Informational Comment
Case No. Attachment D
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Surrounding Property Owners
Lot 9 – 12, Block 1, J. Childress Addition
SPO Owner Zoning Land Use Acreage
#
1.
Trimino, Juan Carlos SF20B Medium Density Residential 0.277
2.
Soni, Suganya SF20B Medium Density Residential 0.263
3.
Mullins, Phillip M Etux Joyce SF20B Medium Density Residential 0.255
4.
Mossman, Vicky L SF20B Medium Density Residential 0.218
5.
Donais, Jerrold L Etux Alissa SF20B Medium Density Residential 0.206
6.
Shiner, Timothy SF20B Medium Density Residential 0.311
7.
P & J Burnett Family Lp SF20B Medium Density Residential 0.307
8.
Misczak, Mark J SF20B Medium Density Residential 0.255
9.
Maggi, Deno Etux Kristin SF20B Medium Density Residential 0.279
10.
Shiner, Timothy SF20B Medium Density Residential 0.239
11.
Johnson, Carol Salmon SF20B Medium Density Residential 0.264
12.
Kichan, John G & Patricia A SF20B Medium Density Residential 0.317
13.
Simpson, Richard H SF20B Medium Density Residential 0.212
14.
Berend, James R Etux Cynthia A SF20B Medium Density Residential 0.223
15.
Deed, Walter Etux Becky S SF20B Medium Density Residential 0.316
16.
Pietrucha, Antonina SF20B Medium Density Residential 0.241
17.
Adams, Bart E SF20B Medium Density Residential 0.254
18.
Colin, Elizabeth A SF20B Medium Density Residential 0.365
19.
Schulz, Richard Etux Christina SF20B Medium Density Residential 0.354
20.
Cannon, Judith & Slyva Frock SF20B Medium Density Residential 0.342
Case No. Attachment E
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21.
Anderson, Russell L Etux Kolen SF20B Medium Density Residential 0.28
22.
Hinde, Richard L SF20B Medium Density Residential 0.23
23.
McNabb, Dan W Etux Audrey SF20B Medium Density Residential 0.176
24.
Patel, Pradyumna Etux Bina SF20B Medium Density Residential 0.257
25.
Luster, Randy J Etux Vivian SF1-A Low Density Residential 1.837
26.
Christian, Susan Kathleen SF1-A Low Density Residential 2.002
27.
Black, Michael Etux Tracy SF1-A Low Density Residential 1.893
28.
Czarnik, Mary AG Medium Density Residential 1.237
29.
Dorsett, L R AG Medium Density Residential 2.038
30.
Clayton, Karen E AG Medium Density Residential 0.228
31.
Sims, William R Etux Dorian S SF1-A Medium Density Residential 1.839
32.
Howman, Robin L AG Medium Density Residential 3.388
Case No. Attachment E
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Surrounding Property Owner Responses
Lot 9 – 12, Block 1, J. Childress Addition
Notices Sent: Thirty-two (32).
Responses Received: Three (3).
Walter & Becky Deed (SPO# 15),
Notification Response Form
3150 Peninsula Ct., submitted a in
Opposition
on February 12, 2008 (see attached).
Timothy Shiner (SPO# 10),
Notification
737 Bandit Trl, North Richland Hills, submitted a
in favor
Response Form
on February 18, 2008 (see attached).
Elizabeth Colin (SPO# 18),
Notification Response Form
1345 Lakeside Dr., submitted a on
February 21, 2008 (see attached).
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Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-552
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
3D02, JOHN HEIRS CHILDRESS SURVEY, ABSTRACT NO. 254,
BEING APPROXIMATELY 1.977 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-20B” SINGLE FAMILY
RESIDENTIAL DISTRICT, 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,
WHEREAS,
a change in the zoning classification of said property was requested by a
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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
their original investment was made; and,
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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 Tract 3D02, John Heirs Childress Survey, Abstract No. 254, an addition to the
City of Southlake, Tarrant County, Texas, being approximately 1.977 acres, and
more fully and completely described in Exhibit “A” from “AG” Agricultural District to
“SF-20B” Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the
following specific conditions:
.
SECTION 2.
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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
Case No. Attachment G
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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 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
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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 ___________, 2008.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
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DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
,
Being Tract 3D02, John Heirs Childress Survey, Abstract No. 254an addition to the City of
Southlake, Tarrant County, Texas, being approximately 1.977 acres, and being more fully
described as follows:
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EXHIBIT “B”
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