Item 6DCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
May 30, 2007
ZA07-036
CASE NO:
Zoning Change for Lot 15, H. Granberry, No. 581 Addition
PROJECT:
REQUEST: On behalf of Drew & Joanna Johnson, Simmons Estate Homes is requesting approval
of a zoning change from “AG” Agricultural District to “RE” Single Family Residential
Estate District on 5.932 acres at 921 S. White Chapel Blvd. The intent is to replace the
existing residence with a new single family residence in the same general vicinity. The
applicant plans to replace the existing residence with a new one located in the same
general vicinity on the lot.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for a zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480-524
STAFF CONTACT: Ken Baker (748-8067)
Clayton Comstock (748-8069)
Case No.
ZA07-036
BACKGROUND INFORMATION
OWNERS: Drew & Joanna Johnson
APPLICANT: Simmons Estate Homes
PROPERTY SITUATION: 921 S. White Chapel Boulevard
LEGAL DESCRIPTION: Tracts 5C1 & 5D, H. Granberry Survey, Abstract No. 581
LAND USE CATEGORY: Low Density Residential with a Rural Conservation Land Use Designation
Overlay Option
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “RE” Single Family Residential Estate District
HISTORY: There is no development history on this property. A home currently exists on
the property.
A variance to the minimum lot width required in the “RE” zoning district (300
feet) was approved by the Zoning Board of Adjustment on April 26, 2007 (case
ZBA-517). The Zoning Board of Adjustment approved a lot width of 200 feet.
TRANSPORTATION
Mobility and Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends S. White Chapel Boulevard to be a
2-lane, undivided arterial roadway with 88 feet of right-of-way adjacent to this
site. Adequate right-of-way dedication will be required with the plat showing.
Street typology designation for S. White Chapel Boulevard is a ‘boulevard’.
Existing Area Road Network and Conditions
The lot has direct access onto S. White Chapel Boulevard.
Currently, S. White Chapel Boulevard is 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 approximately 10
vehicle trips per day to this section of S. White Chapel Boulevard, bringing it to
8,139 vehicle trips per day.
May, 2006 traffic counts on S. White Chapel Blvd (between F.M. 1709
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& Continental Blvd)
24hr 4,1415,022
North Bound (NB) () South Bound (SB) ()
NB 384397
Peak A.M. () Peak P.M. ()
8:00 – 9:00 a.m.5:30 – 6:30 p.m.
SB 326731
Peak A.M. () Peak P.M. ()
7:45 – 8:45 a.m.3:45 – 4:45 p.m.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 1 10 0 1 1 0
Residential Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on S. White Chapel Blvd.
PATHWAYS
MASTER PLAN: The Pathways Plan does not call for a sidewalk or trail adjacent to this property
(the Plan calls for a sidewalk on the west side of White Chapel Boulevard).
Since this is a single residential lot that is over 1500-feet from a public or
private school, a sidewalk is not required.
WATER & SEWER: There is an existing 12” water line along the west side of White Chapel to serve
this property. There is an existing sanitary sewer that was extended to the
property line of the Timarron subdivision to serve this lot and the lots to the
north.
DRAINAGE ANALYSIS: Drainage from this site is generally to the south.
P&Z ACTION: May 3, 2007; Approved (5-0) subject to the staff report as presented.
COUNCIL ACTION: May 15, 2007; Approved first reading (6-0) on consent.
STAFF COMMENTS: No plan is required to be submitted with a request for “RE” Single Family
Residential Estate zoning. However, a single-lot plat showing has been
submitted for administrative review and has been included in Attachment C,
Page 1 of this report.
The proposed lot width (200.22-feet) is less than the 300-foot lot width
minimum allowed in the “RE” zoning district. On April 26, 2007, the Zoning
Board of Adjustment approved a variance request for a lot width of less than
the 300-feet required (case ZBA-517).
N:\Community Development\MEMO\2007cases\07-036Z.doc
Case No. Attachment A
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Case No. Attachment B
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Concurrently Submitted Plat Showing
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Survey Exhibit – Existing Conditions
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Surrounding Property Owners
Lot 15, H. Granberry No. 581 Addition
921 S. White Chapel Boulevard
SPO #
Owner Zoning Land Use Acreage
1. Hargett, Gary RE Low Density Residential 11.295
2. Dean, Robert Etux Tracey RE Low Density Residential 8.145
3. Farley, Kathleen L Etvir James SF20A Medium Density Residential 0.49
4. Connor, Joneen SF20A Medium Density Residential 0.462
5. Romano, James Etux Brigeitte SF20A Medium Density Residential 0.539
6. Khemani, Abdul Rahim SF20A Medium Density Residential 0.469
7. Engelhart, Kenneth Etux Leslie SF20A Medium Density Residential 0.488
8. Wilson, James K Etux Heidi D RPUD Medium Density Residential 0.379
9. Hopkins, Robert J Etux Terese RPUD Medium Density Residential 0.261
10. Colvin, Randy G Etux Kathleen RPUD Medium Density Residential 0.294
11. Grissom, Douglas Etux Lisa RPUD Medium Density Residential 0.298
12. Renwick, Jeffrey D Etux Cary RPUD Medium Density Residential 0.367
13. Costa, Paul L Etux Phuong D RPUD Medium Density Residential 0.367
14. Morris, Melinda W Prop Trust RPUD Medium Density Residential 0.314
15. Giffin, James S & Jacqueline RPUD Medium Density Residential 0.335
16. Salazar, G J Etux Debra RPUD Medium Density Residential 0.345
17. Durk, Robert R Etux Rebekah L RPUD Medium Density Residential 0.435
18. Finn, James H Jr Etux Jonna RPUD Medium Density Residential 0.38
19. Mediterraneo, Michael & Nicola RPUD Medium Density Residential 0.33
20. McNamara, Raymond S & Debra J RPUD Medium Density Residential 0.461
21. Knowles, Dawn RPUD Medium Density Residential 0.708
22. Slahor, Jeffrey A Etux Maria T RPUD Medium Density Residential 0.466
23. Bacius, C M Etux Christina S RPUD Medium Density Residential 0.362
24. Del Rosario, Edwin Etux Gracia RPUD Medium Density Residential 0.304
25. Burnitt, Frances M AG Low Density Residential 6.547
Case No. Attachment D
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Surrounding Property Owner Responses
Lot 15, H. Granberry No. 581 Addition
921 S. White Chapel Boulevard
Notices Sent: Twenty-Five (25).
Responses Receive: Four (4).
Randy & Kathleen Colvin (SPO # 10),
310 Silverwood Circle, submitted a Notification
Opposition
Response Form in on April 23, 2007 (see attached).
Edwin & Gracia Del Rosario (SPO # 24),
345 Silverwood Circle, submitted a Notification
Favor
Response Form in on April 23, 2007 (see attached).
Kathleen & James Farley (SPO # 3),
807 Boston Drive, submitted a Notification Response Form
Opposition
in on April 24, 2007 (see attached).
Raymond & Debra McNamara (SPO # 20),
110 Highland Oaks Ct., submitted a Notification
Favor
Response Form in on April 26, 2007 (see attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-524
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 TRACTS
5C1 AND 5D, SITUATED IN THE H. GRANBERRY SURVEY,
ABSTRACT NO. 581, BEING APPROXIMATELY 5.932 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “AG” AGRICULTURAL DISTRICT TO “RE” SINGLE
FAMILY RESIDENTIAL ESTATE 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 person or
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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,
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
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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 Tracts 5C1 and 5D, situated in the H. Granberry Survey, Abstract No. 581, being
approximately 5.932 acres, and more fully and completely described in exhibit “A” from “AG”
Agricultural District to “RE” Single Family Residential Estate District.
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.
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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 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,
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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 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 __________, 2007.
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_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of _________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tracts 5C1 and 5D, situated in the H. Granberry Survey, Abstract No. 581, being approximately 5.932
acres.
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