Item 4G
Department of Planning & Development Services
S T A F F R E P O R T
October 13, 2010
CASE NO: ZA10-053
PROJECT: Zoning Change and Concept Plan for 1742 Our Lane
EXECUTIVE
SUMMARY:
On behalf of Kathleen and Paul Spencer, Sands Surveying Corp. is requesting
approval of a zoning change and concept plan from “AG” Agricultural District to “SF-
1A” Single Family Residential District for an existing tract at 1742 Our Lane, being
described as Tract 2B2A, William H. Martin Survey, Abstract No. 1068 and being
approximately 1.058 acres.
REQUEST:
The property at 1742 Our lane is currently for sale. A prospective buyer would like to
remove the mobile home that sits on the property and build a new home. Since the
tract has to be rezoned and platted before a building permit can be issued, the property
owners are requesting approval of a zoning change and concept plan so that they can
sell the existing tract as a buildable lot. If the request is approved, the applicant will
submit an application for a one-lot plat showing, which can be administratively
approved.
VARIANCE
REQUESTED: v
Aariance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots front on a
public or private street, is requested. Our Lane is currently a private street that doesn’t
meet the Subdivision Ordinance requirements in Section 5.05(A) requiring private
streets to conform to the same standards regulating public streets and to be
maintained by a homeowner’s association. The applicant is requesting a variance to
allow the proposed lot to front on Our Lane as it currently exists.
st
ACTION NEEDED: Consider 1 reading approval of a zoning change and concept plan.
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint
(D) Concept Plan Review Summary No. 2 dated October 6, 2010
(E) Surrounding Property Owners Map and Responses
(F) Ord. No. 480-600
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA10-053
BACKGROUND INFORMATION
OWNER:
Kathleen and Paul Spencer
APPLICANT:
Sands Surveying Corp.
PROPERTY SITUATION:
1742 Our Lane
LEGAL DESCRIPTION: ,
Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“AG” Agricultural Zoning District
REQUESTED ZONING:
“SF-1A” Single-Family Residential District
HISTORY:
-A mobile home with approximately 1,120 square feet of livable floor space that
was built in 1970 exists on the property (Source: Tarrant Appraisal District).
SOUTHLAKE 2025
PLAN:
The underlying land use designation is Low Density Residential. The request
to change the zoning to “SF-1A” Single Family Residential District is consistent
with this land use designation.
TRANSPORTATION
ASSESSMENT:
The proposed concept plan shows one residential lot. There is currently one
mobile home on the property. Therefore, there will not be a significant increase
in the number of trips to and from the property with this request for a zoning
change.
PATHWAYS
MASTER PLAN:
The subject property is exempt from the sidewalk requirement because
sidewalks do not exist on both sides of the lot and the lot is not located within
1500’ of a public or private school on the same side of the street.
WATER & SEWER:
This site is serviced by a 2” water line along Our Lane. City sewer is not
available, so the site is served by a private septic system.
DRAINAGE COMMENTS:
There appears to be a high point on this lot. Storm water currently would flow
in all directions from the high point on this lot. A grading plan will be required
prior to issuance of a building permit.
TREE PRESERVATION:
Six (6) existing trees are proposed to be removed that would presumably fall
into the building pad of a proposed structure. Twenty-three (23) trees are
proposed as “Borderline” trees that would be at the edge of the building pad
and within a driveway.
PLANNING & ZONING
COMMISSION:
October 7, 2010; Approved (7-0), granting the variance to Subdivision Ord. 483
requiring that all lots front on a public or private street and subject to Concept
Plan Review Summary No. 2 dated October 6, 2010.
Case No. Attachment A
ZA10-053 Page 1
STAFF COMMENTS:
Concept Plan Review Summary No. 2 dated October 6, 2010 is attached. A
plat showing must be processed and recorded prior to issuance of any building
permits.
Case No. Attachment A
ZA10-053 Page 2
Case No. Attachment B
ZA10-053 Page 1
Plans and Support Information – Link to PowerPoint Presentation
Concept Plan
Case No. Attachment C
ZA09-053 Page 1
Tree Conservation Plan
Case No. Attachment C
ZA09-053 Page 2
CONCEPT PLAN REVIEW SUMMARY
ZA10-053Two10/06/10
Case No.: Review No.: Date of Review:
Concept Plan– 1742 Our Lane
Project Name:
APPLICANT: OWNER:
Scott Cole
Sands Surveying Corp. Kathleen Spencer – Contact is Paul Spencer
1001 W. Euless Blvd. Ste 107 1901 Central Dr.
Euless, TX 76040 Bedford, TX 76021
Phone: (817) 355-5253 Phone: (817) 283-7202
E-mail: surveying@sandssurveyingtx.com E-mail: paul.spencer@sbcglobal.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/5/10
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.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
(817) 748-8229
kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* Six (6) existing trees are proposed to be removed which would presumably fall into the building pad of
a proposed structure. Twenty-three (23) trees are proposed as “Borderline” trees that would be at the
edge of the building pad and within a driveway.
* 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
Michelle McCullough, P.E
(817) 748-8274
GENERAL COMMENTS:
1. City sewer service is not available in this area. A septic sewer system will be required to serve this
property.
WATER COMMENTS:
1. There is a fire hydrant located approximately 450’ from this property on Randol Mill Road.
Case No. Attachment D
ZA10-053 Page 1
2. A 2” line currently serves this lot. Please note that depending on the size of the residence, the 2” line
may not be able to supply adequate flow if the residence was sprinkled.
* Water meters shall be located in an easement or in the ROW.
DRAINAGE COMMENTS:
* There appears to be a high point on this lot. Storm water currently would flow in all directions from the
high point on this lot. A grading plan will be required before a building permit can be issued.
INFORMATIONAL COMMENTS:
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
*Denotes informational comment.
Informational Comments:
* The gross acreage of the lot is over one acre, so the lot meets the minimum lot size required by
Zoning Ord. 480 for private septic systems. However, since the private R.O.W. easement for Our
Ln. brings the usable lot size below one acre, staff recommends having a sanitary engineer verify
that the lot will support a private septic system of a size suitable to service any proposed future
development. Private septic systems are regulated by Tarrant County and not by the City of
Southlake.
* 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.
* Denotes Informational Comment
Case No. Attachment D
ZA10-053 Page 2
Surrounding Property Owners
1742 Our Lane
SPO # Owner Zoning Land Use Acreage Response
Shatley, Betsy B AG Low Density Residential 1.13
1.
NR
Shatley, Josh Lou AG Low Density Residential 0.48
2.
NR
McGovern, Michael T Etux Lisa SF1-A Low Density Residential 1.11
3.
NR
Schimmel, Gary Etux Lori SF30 Low Density Residential 0.81
4.
NR
Wiggins, D L Etux Marilaine SF20A Low Density Residential 0.62
5.
NR
Chidiac, Michael & Karen SF1-A Low Density Residential 1.46
6. F
Gill, Kelly L AG Low Density Residential 0.83
7.
NR
Vann, Jimmy Etal Bruce Vann & AG Low Density Residential 0.82
8.
NR
Henderson, Berwyn Etux Gloria AG Low Density Residential 0.75
9.
NR
Vann, Jimmy J Etux Linda S AG Low Density Residential 0.40
10.
NR
Spencer, Charles Est & Kathlee AG Low Density Residential 0.95
11.
NR
Breisch, Bruce C AG Low Density Residential 0.22
12.
NR
Breisch, Bruce C AG Low Density Residential 0.11
13.
NR
Shatley, Josh AG Low Density Residential 0.61
14.
NR
Burger, Gene AG Low Density Residential 0.03
15.
NR
Burger, Gene D AG Low Density Residential 0.08
16.
NR
Ankerson, Lee Etux Adrianne AG Low Density Residential 0.79
17.
NR
Shatley, Betsy B AG Low Density Residential 0.84
18.
NR
Case No. Attachment E
ZA10-053 Page 1
Shatley, Josh Lou AG Low Density Residential 0.47
19.
NR
Johnson, Scott A AG Low Density Residential 0.57
20.
NR
Holbein, Susan SF1-A Low Density Residential 1.99
21. F
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Twenty-one (21)
Responses Received:
Two (2) - Attached
Case No. Attachment E
ZA10-053 Page 2
Case No. Attachment E
ZA10-053 Page 3
Case No. Attachment E
ZA10-053 Page 4
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-600
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
2B2A, WILLIAM H. MARTIN SURVEY, ABSTRACT NO. 1068
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.058 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”, 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,
Case No. Attachment F
ZA10-053 Page 1
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
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
Case No. Attachment F
ZA10-053 Page 2
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
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 described as Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068,
Southlake, Tarrant County, Texas, being approximately 1.058 acres, and more fully
and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A”
Case No. Attachment F
ZA10-053 Page 3
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:
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
Case No. Attachment F
ZA10-053 Page 4
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.
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.
Case No. Attachment F
ZA10-053 Page 5
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
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.
st
PASSED AND APPROVED on the 1 reading the ___ day of October, 2010.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the ___ day of October, 2010.
Case No. Attachment F
ZA10-053 Page 6
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA10-053 Page 7
EXHIBIT “A”
,
Being described as Tract 2B2AWilliam H. Martin Survey, Abstract No. 1068, Southlake,
Tarrant County, Texas, being approximately 1.058 acres, and more fully and completely
described below:
Case No. Attachment F
ZA10-053 Page 8
EXHIBIT “B”
Reserved for approved concept plan
Case No. Attachment F
ZA10-053 Page 9