Item 6A
Department of Planning & Development Services
S T A F F R E P O R T
June 25, 2008
ZA08-037
CASE NO:
Zoning Change and Concept Plan for 1780 N. Kimball Avenue
PROJECT:
REQUEST: Mr. Martin Prinz is requesting approval of a Zoning Change and Concept Plan from
“AG” Agricultural District to “SF-30” Single-Family Residential District for the
construction of a new residence on 0.981 acre located at 1780 N. Kimball Avenue.
No variances are being requested.
1. Conduct a public hearing
ACTION NEEDED:
2. Consider second reading approval for 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 May 30, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owner Responses
(G) Ordinance No. 480-563
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-037
BACKGROUND INFORMATION
OWNER/APPLICANT: Martin Prinz
PROPERTY SITUATION: 1780 N. Kimball Avenue
LEGAL DESCRIPTION: Tract 1D, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: “AG” Agricultural District
PROPOSED ZONING: “SF-30” Single-Family Residential District (min. 30,000 SF)
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends Johnson Road to be a 2-lane,
undivided collector 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 2007 traffic counts on N. Kimball Ave (between E. Dove Street and
Southlake City Limit)
24hr 1,6971,665
West Bound (NB) () East Bound (SB) ()
NB 91192
Peak A.M. () Peak P.M. ()
11:00PM—12:00PM 5:45PM—6:45PM
SB 157135
Peak A.M. () Peak P.M. ()
7:15AM – 8:15AM 12:45PM – 1:45PM
Traffic Impact
There will be no additional traffic impact, as an existing residence is proposed
to be replaced by a new residence.
PATHWAYS
MASTER PLAN: A 6-foot paved pathway is planned along N. Kimball Ave connecting
Meadowmeare Park to E. Dove Street (Trail Segment 19). This 6-foot walkway
is identified on the applicant’s concept plan; however they are exempt from the
construction requirement under Section 5.06.B of Subdivision Ordinance 483.
The applicant does not intend nor is required to 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. A 2-inch
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waterline exists in N. Kimball Ave and currently serves the site.
DRAINAGE ANALYSIS: Drainage from this site is generally to the northwest.
TREE PRESERVATION: Although a number of oaks are proposed to be removed from the interior of the
lot, a larger number of trees are proposed to be saved. Those trees being
saved include a number of oaks around the perimeter of the lot and in front of
the proposed residence.
ZBA ACTION: May 29, 2008; Approved (5-0) a variance to allow an on-site septic system on a
lot of less than one acre.
P&Z ACTION: June 5, 2008; Approved (5-0) subject to Concept Plan Review Summary No. 2,
dated May 30, 2008; as presented.
COUNCIL ACTION: June 17, 2008; Approved first reading (6-0) on consent.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated May 30, 2008.
N:\Community Development\MEMO\2008cases\037 - ZCP - 1780 N Kimball Ave\08-037ZCP P&Z 6-5.doc
Case No. Attachment A
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Case No. Attachment B
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CONCEPT PLAN
Case No. Attachment C
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CONCEPT PLAN REVIEW SUMMARY
ZA08-037Two05/30/08
Case No.: Review No.: Date of Review:
Concept Plan – Lot 28, F. Throop No. 1511 Addition (1780 N. Kimball Ave)
Project Name:
OWNER/APPLICANT: SURVEYOR:
Martin Prinz Loyd Bransom Surveyors, Inc. – Mark Dorsey
1780 N. Kimball Ave 1028 N. Sylvania Ave
Southlake, TX 76092 Fort Worth, TX 76111
P: (214)808-2195 P: (817)834-3477
F: (817)831-9818
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/19/08AND 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.
* Variance was approved by the Zoning Board of Adjustment (5-0) on May 29, 2008 for the installation
of an on-site septic system on a lot of less than 1-acre.
* This property is exempt from the sidewalk installation requirement under Subdivision Ordinance No.
483 (Section 5.06).
* The building footprint shown on the Concept Plan represents the applicant’s desired location for
their residence. This location may require adjustment depending on whether the garage is
designed as a detached or attached accessory building and may also be dependent upon final site
grading requirements. The applicant has considered these possibilities in the preparation of their
Tree Conservation Plan.
* The applicant should be aware that the maximum aggregate area for all accessory building(s) is
750 square feet in the SF-30 zoning district. If the garage is designed as part of the principal
building (attached accessory use/building), all other portions of the garage and principal building
must meet the minimum front side and rear yard setbacks for principal buildings in the SF-30
district. If the garage is designed as a detached accessory building and exceeds 750 square feet
as currently shown, a Special Exception Use (SEU) must be granted by the Zoning Board of
Adjustment (ZBA).
* 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
limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees,
and related Permit Fees.
Case No. Attachment D
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* 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.
* Denotes Informational Comment
Case No. Attachment D
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Surrounding Property Owners
1780 N. Kimball Avenue
SPO # Owner Zoning Land Use Acreage
1.
McPherson, Rickey Etux Margie SP2 Retail Commercial 3.227
2.
Prinz, Martin W AG Medium Density Residential 1.188
3.
Muntz, Weston & Georgine AG Medium Density Residential 0.591
4.
Davidson, Steven Richard AG Medium Density Residential 0.577
5.
Davidson, Steven R Etux Cheryl AG Medium Density Residential 0.986
6.
Cheatham Partners AG Medium Density Residential 0.993
7.
City of Grapevine NA NA NA
Case No. Attachment E
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Surrounding Property Owner Responses
1780 N. Kimball Avenue
Notices Sent:
Seven (7)
Responses Received:
One (1)
1) Weston & Georgina Muntz
Notification
, 2702 Cobblestone Dr., Southlake, TX; submitted a
In Favor Of
Response Form
stating on April 3, 2008 (attached).
Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-563
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 1D,
FRANCIS THROOP SURVEY, ABSTRACT NO. 1511, BEING
APPROXIMATELY 1.006 ACRE, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-30” 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,
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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
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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 1D, Francis Throop Survey, Abstract No. 1511,
being approximately 1.006 acre, and more fully and completely described in Exhibit
“A” from “AG” Agricultural District to “SF-30” 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:
1.
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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
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those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if
the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be
declared to be invalid, the same shall not affect the validity of the zoning of the balance of said
tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting
zoning which have accrued at the time of the effective date of this ordinance; and, as to such
accrued violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place for a
public hearing thereon at least 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 17th day of June, 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:
Case No. Attachment G
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
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EXHIBIT “A”
Being legally described as Tract 1D, Francis Throop Survey, Abstract No. 1511, being
approximately 1.006 acre, and more fully and completely described as follows:
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EXHIBIT “B”
Concept Plan
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