Item 4H
Department of Planning & Development Services
S T A F F R E P O R T
October 13, 2010
CASE NO: ZA10-052
PROJECT: Zoning Change and Concept Plan for 2555 Florence Road
EXECUTIVE
SUMMARY:
Randi and Patrick Worsham are requesting approval of a zoning change and concept
plan from “SF-1A” Single Family Residential District and “AG” Agricultural District to
“SF-2” Single Family Residential District for two properties located at 2527 and 2555
Florence Rd. and totaling approximately 4.657 acres.
REQUEST:
The applicants are requesting approval of a zoning change and concept plan to allow
two adjacent properties they own to be combined into one residential lot. There is
currently one dwelling unit on the western lot. The applicants are proposing to
construct a new principal residence on the property and to bring the existing structure
into compliance with Zoning Ordinance No. 480 by converting it to an accessory
structure that does not meet the definition of a dwelling unit or by obtaining approval of
a Special Exception Use permit for a family quarters from the Zoning Board of
Adjustment. The existing structure currently does not meet minimum side yard setback
for the SF-1A zoning on the lot, which is twenty (20) feet, but the structure will comply
with the minimum required setback if the SF-2 zoning is approved and the associated
plat revision (ZA10-051) is approved and filed. The structure must also comply with all
other regulations in Zoning Ord. No. 480. These conditions are not required to be met
in order to rezone the property, but they must be met before a Certificate of Occupancy
will be issued for the new residence.
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) Revised Concept Plan Review Summary No. 1 dated September 29, 2010
(E) Surrounding Property Owners Map and Responses
(F) Ord. No. 480-599
for Commission and Council Members Only
(G) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA10-052
BACKGROUND INFORMATION
OWNER/APPLICANT:
Randi and Patrick Worsham
PROPERTY SITUATION:
2527 and 2555 Florence Rd.
LEGAL DESCRIPTION:
Lot 1, Block 1, Charles W. Halfman Addition and Tract 9D6, J.J. Freshour
Survey, Abstract No. 521
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“SF-1A” Single Family Residential District and “AG” Agricultural Zoning District
REQUESTED ZONING:
“SF-2” Single-Family Residential District
HISTORY:
-A plat showing for Lot 1, Block 1, Charles W. Halfman Addition was filed
December 21, 1984.
-A warranty deed conveying Tract 9D6, J.J. Freshour Survey to Charles and
Gretchen Halfman was filed January 5, 1988.
-The existing home with approximately 1,603 of livable floor area was built in
1985 and renovated in 2005 (Source: Southlake Building Permits and Tarrant
Appraisal District).
SOUTHLAKE 2025
PLAN:
The underlying land use designation is Low Density Residential. The request
to change the zoning to “SF-2” 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
existing residence on the two properties. Before a Certificate of Occupancy will
be issued for the new residence, the existing structure must be converted to an
accessory building that conforms to the regulations in Zoning Ord. No. 480 or a
Special Exception Use permit for a family quarters must be approved by the
Zoning Board of Adjustment. Therefore, there will not be a significant increase
in the number of trips to and from the property.
PATHWAYS
MASTER PLAN:
The Southlake 2030 West Sector Plan that was recently approved by City
Council calls for a sidewalk to be constructed along Florence Road. 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 12” water line along Florence Road. City sewer is not
available, so the site is served by a private septic system.
TREE PRESERVATION:
Twenty-five trees in the proposed building footprint are labeled as being
marginal on the Tree Conservation Plan.
PLANNING & ZONING
COMMISSION:
October 7, 2010; Approved (7-0), subject to RevisedConcept Plan Review
Summary No. 1 dated September 29, 2010.
Case No. Attachment A
ZA10-052 Page 1
STAFF COMMENTS:
RevisedConcept Plan Review Summary No. 1 dated September 29, 2010 is
attached.
Case No. Attachment A
ZA10-052 Page 2
Case No. Attachment B
ZA10-052 Page 1
Plans and Support Information
Link to PowerPoint Presentation
Concept Plan
Case No. Attachment C
ZA09-052 Page 1
REVISED CONCEPT PLAN REVIEW SUMMARY
ZA10-052One09/29/10
Case No.: Review No.: Date of Review:
Concept Plan – Worsham Addition
Project Name:
OWNER/APPLICANT: SURVEYOR:
Patrick and Randi Worsham Charles B. Hooks
2555 Florence Rd. 1028 N. Sylvania Ave.
Southlake, TX 76092 Fort Worth, TX 76111
Phone: (817) 939-7203 Phone: (817) 834-3477
E-mail: randi0930@me.com Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
09/17/10 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.
ZA10-052
1. Place the City case number “" in the lower right corner for ease of reference.
2. Please sign the Property Owner Acknowledgements in the application.
3. Revise the title block as follows:
Survey
a. Correct the current description to “…and Tract 9D6, J.J. Freshour , Abstract No.
521…”
4. The following changes are needed with regard to the legal description:
a. In the second call after the beginning call, the bearing doesn’t match the bearing in the line
W
table on the face of the plat. The chart has N00’25’28” and the owner’s dedication has
E
N00’25’28”.
5. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name,
existing zoning, and land use map designation ("L.U.D.=_____")
6. Show and label all minimum building setback lines in accordance with the underlying zoning and/or
.
any applicable overlay district
7. Label the types of surfacing (i.e., asphalt, concrete, brick, turfing or gravel) to be used at various
locations.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
kmartin@ci.southlake.tx.us
(817) 748-8229
Case No. Attachment D
ZA10-052 Page 1
TREE CONSERVATION COMMENTS:
* 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.
Informational Comments:
* Prior to occupancy of any new residential structure, the existing dwelling unit must be brought into
conformance with Zoning Ord. No. 480 as amended. This could be accomplished by converting it to an
accessory building that does not meet the definition of a dwelling unit or by obtaining approval of an
Special Exception Use permit for a family quarters. Or, the structure could be removed. Also, please
verify that the height does not exceed the twenty (20) foot maximum height allowed for accessory
buildings in the SF-2 zoning district and state that the existing structure will comply will all other
regulations in Zoning Ord. No. 480. A letter of understanding from the property to the Building Official
must be received prior to issuance of a building permit.
* 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 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
* Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
* Denotes Informational Comment
Case No. Attachment D
ZA10-052 Page 2
Surrounding Property Owners
2527 and 2555 Florence Rd.
SPO # Owner Zoning Land Use Acreage Response
Pekowski, Raymond Etux Linda SF1-A Low Density Residential 3.80
1.
NR
Worsham, Patrick A Etux Randi SF1-A Low Density Residential 3.96
2.
NR
Thornton, William Etux Cynthia SF1-A Low Density Residential 1.43
3.
NR
Almendinger, John & Elizabeth SF1-A Low Density Residential 1.37
4.
NR
Knight, Stacy Leigh SF1-A Low Density Residential 1.05
5.
NR
Spence, Sam Ed Etux Margie AG Low Density Residential 4.72
6.
NR
Low Density Residential,
7.
NR
Corley, Braxton AG 100-Year Flood Plain 4.65
Worsham, Patriack A & Randi AG Low Density Residential 0.81
8.
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Eight (8)
Responses Received:
One (1) - Attached
Attached
Case No. Attachment E
ZA10-052 Page 1
Case No. Attachment E
ZA10-052 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-599
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 LOT 1,
BLOCK 1, CHARLES W. HALFMAN ADDITION, AN ADDITION TO
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND
TRACT 9D6, J.J. FRESHOUR SURVEY, ABSTRACT NO. 521,
SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 4.657 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE
FAMILY RESIDENTIAL DISTRICT AND “AG” AGRICULTURAL
DISTRICT TO “SF-2” 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
ZA10-052 Page 1
WHEREAS,
the hereinafter described property is currently zoned as “SF-1A” Single Family
Residential District and “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
Case No. Attachment F
ZA10-052 Page 2
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,
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 Lot 1, Block 1, Worsham Addition, being a revision of Lot 1,
Case No. Attachment F
ZA10-052 Page 3
Block 1, Charles W. Halfman Addition, an addition to the City of Southlake, Tarrant
County, Texas and Tract 9D6, J.J. Freshour Survey, Abstract No. 521, Southlake,
Tarrant County, Texas, being approximately 4.657 acres, and more fully and
completely described in Exhibit “A” from “SF-1A” Single Family Residential District
and “AG” Agricultural District to “SF-2” 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
Case No. Attachment F
ZA10-052 Page 4
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
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
Case No. Attachment F
ZA10-052 Page 5
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
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
Case No. Attachment F
ZA10-052 Page 6
nd
PASSED AND APPROVED on the 2 reading the ___ day of October, 2010.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA10-052 Page 7
EXHIBIT “A”
Being described as Lot 1, Block 1, Worsham Addition, being a revision of Lot 1, Block 1,
Charles W. Halfman Addition, an addition to the City of Southlake, Tarrant County, Texas and
Tract 9D6, J.J. Freshour Survey, Abstract No. 521, Southlake, Tarrant County, Texas, being
approximately 4.657 acres, and more fully and completely described below:
Case No. Attachment F
ZA10-052 Page 8
EXHIBIT “B”
Reserved for approved concept plan
Case No. Attachment F
ZA10-052 Page 9