Item 6ECity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
May 30, 2007
ZA07-041
CASE NO:
Zoning Change and Concept Plan for 940 W. Dove Street (Proposed Lot 1R1,
PROJECT:
R.P. Estes Addition)
REQUEST: On behalf of Richard & Ann Smith, Ward Surveying is requesting approval of a zoning
change and concept plan from "AG" Agricultural District to "SF-1A" Single Family
Residential District. The plan proposes the development of one (1) lot for single family
residential construction on approximately 4.97 acres. The existing structures are to be
removed and replaced with a new home.
1. Conduct public hearing
ACTION NEEDED:
2. Consider first reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Concept Plan Review Summary No. 2, dated April 27, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-525
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 07-041
BACKGROUND INFORMATION
OWNER: Richard & Ann Smith
APPLICANT: Ward Surveying
PROPERTY SITUATION: The property is located at 940 W. Dove Street.
LEGAL DESCRIPTION: Being the western half of Lot 1, R.P. Estes Addition.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-1A" Single Family Residential District
HISTORY: There is no development history on the property. The lot was platted prior to
annexation into the City of Southlake. A home currently exists on the property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends W. Dove Street 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 revision.
Existing Area Road Network and Conditions
The lot has direct access onto W. Dove Street.
Currently, W. Dove Street 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 W. Dove Street, bringing it to 7,961 vehicle trips per
day.
May, 2006 traffic counts on W. Dove St (between Shady Oaks &
Peytonville Ave)
24hr 4,3703,581
West Bound (WB) () East Bound (EB) ()
WB 298542
Peak A.M. () Peak P.M. ()
7:30 – 8:30 a.m.5:00 – 6:00 p.m.
EB 529289
Peak A.M. () Peak P.M. ()
7:30 – 8:30 a.m.3:30 – 4:30 p.m.
Traffic Impact
Case No. Attachment A
ZA 07-041 Page 1
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 W. Dove Street.
PATHWAYS
MASTER PLAN: The Southlake Pathways Master Plan does not make any recommendations for
sidewalks or trails along the north side of W. Dove Street adjacent to this site.
WATER & SEWER: A 6-inch water line currently exists along the north side of W. Dove Street. A
12-inch water line also exists along the south side of W. Dove Street. The
property is not served by the City's sanitary sewer system.
DRAINAGE ANALYSIS: This site generally drains to the southeast toward W. Dove Street.
TREE PRESERVATION: The proposed placement of the house pad would remove approximately
seventeen (17) existing trees. The house could be moved back to the north to
save approximately eight (8) trees located at the front of the proposed house
pad but if a pool is built in the back of the house it would affect some of the
trees that are in back of the house.
P&Z ACTION: May 3, 2007; Approved (5-0) subject to Concept Plan Review Summary No. 2,
dated April 27, 2007.
COUNCIL ACTION: May 15, 2007; Approved first reading (6-0) on Consent; subject to Concept
Plan Review Summary No. 2, dated April 27, 2007.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated April 27, 2007.
N:\Community Development\MEMO\2007cases\ZA07-041ZCP.doc
Case No. Attachment A
ZA 07-041 Page 2
Case No. Attachment B
ZA 07-041 Page 1
Plat Revision
Case No. Attachment C
ZA 07-041 Page 1
Tree Conservation Analysis
Case No. Attachment C
ZA 07-041 Page 2
Rendering
Case No. Attachment C
ZA 07-041 Page 3
CONCEPT PLAN REVIEW SUMMARY
ZA07-041Two04/27/07
Case No.: Review No.: Date of Review:
Zoning Change/Concept Plan - Lot 1R1, R.P. Estes Subdivision
Project Name:
APPLICANT: Nixon Custom Homes, Inc. SURVEYOR: Ward Surveying Company, Inc.
Allen Nixon Wayman Ward
5952 Royal Lane, Suite 201 P.O. Box 820253-0253
Dallas, TX 75230 Fort Worth, TX 76182
Phone: (214) 373-8800 Phone: (817) 281-5411
Fax: (214) 373-8822 Fax: (817) 838-7093
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/17/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602.
1)Label the subject property and adjacent properties with existing zoning and current land use plan
designation.
2)Show and label the width and type of the bufferyard required along W. Dove Street. Clearly
distinguish the bufferyard on the graphic. A 10' - Type 'B' bufferyard is required adjacent to arterial
streets.
3)The following changes are needed with regard to driveways:
a)Label the distance between the proposed driveway centerline to the nearest street right-of-way
intersection and/or to existing driveway centerlines off-site in both directions of the site.
b)Show the existing driveways on adjacent properties and across adjoining rights-of-way.
4)Provide a site data summary chart with the existing zoning, proposed zoning, existing land use
designation, gross acreage, net acreage, and net density.
5)The following changes are needed with regard to the Tree Conservation Plan:
a)Use symbols/colors to identify which trees are to be removed, which trees are to be preserved,
and which trees may be removed.
b)Provide a legend to define the tree type abbreviations.
Case No. Attachment D
ZA 07-041 Page 1
INFORMATIONAL COMMENTS
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.
* A Developers Agreement is required prior to construction of any public infrastructure. The Developer's
Agreement for this addition should consider streets, drainage, park dedication requirements and fees,
off-site sewer extensions, off-site drainage and utility easements and impact fees.
Case No. Attachment D
ZA 07-041 Page 2
Case No Review No.Dated: Number of Pages:
. 07-041 Two April 26, 2007 1
Project Name:
Lot 1R R.P. Estes Addition (Plat Revision)
ContactPhone:Fax:
: Keith Martin (817) 748-8229 (817) 481-5713
===========================================================================
The following comments are based on the review of plans received on April 16, 2007 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P&Z
or City Council. It is the applicant’s responsibility to contact the department representative shown above
and make modifications as required by the comment.
===========================================================================
TREE CONSERVATION:
1. The proposed placement of the house pad would remove approximately seventeen (17) existing trees.
The house could be moved back to the north to save approximately eight (8) trees located at the front
of the proposed house pad but if a pool is built in the back of the house it would affect some of the
trees that are in back of the house.
Case No. Attachment D
ZA 07-041 Page 3
Case No. ZA07-041 Review No. 2 Dated: 4/25/07 Number of Pages: 1
Project Name: Lot 1R, R.P. Estes Subd (940 W. Dove Road) -- Zoning Change Concept Plan
Contact: Cheryl Taylor, Civil Engineer Phone: (817) 748-8100 Fax: (817) 748-8077
Email: ctaylor@ci.southlake.tx.us
The following comments are based on the review of plans received on 4/18/2007. It is the applicant’s
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER COMMENTS:
* There is an existing 6”/12” water line along the north/south side of West Dove Road to serve this
property.
* There is currently no public sanitary sewer in West Dove Road to serve this lot.
DRAINAGE COMMENTS:
* A detailed grading plan will be required with the building application.
* Proposed driveway culverts must be sized by an engineer and submitted for approval to the City
Engineer.
* There is no Critical Drainage Structure fee associated with the development of this lot.
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* 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.
*=Denotes informational comment.
Case No. Attachment D
ZA 07-041 Page 4
Surrounding Property Owners
940 W. Dove Road
SPO # Owner Zoning Land Use Acreage
Low Density Residential
1.
Smith, Richard Etux Ann AG 5.113
Low Density Residential
2.
Barber, Phil M AG 5.024
Low Density Residential
3.
Maguire Ptnrs - Solana Ltd AG 2.007
Low Density Residential
4.
Smith, David J & Siri M AG 1.04
Low Density Residential
5.
Webster, Philip W Etux Delores AG 1.168
Low Density Residential
6.
Jw Partners Ltd AG 1.019
Low Density Residential
7.
Crawford, James Anderson AG 0.996
Low Density Residential
8.
Maguire Ptnrs - Solana Ltd AG 2.244
Low Density Residential
9.
Strange, Kim AG 0.537
Low Density Residential
10.
Smith, David J AG 0.485
Low Density Residential
11.
Crawford, Tommy Wayne AG 1.026
Mixed Use
12.
Maguire Ptnrs - Solana Ltd AG 10.07
Low Density Residential
13.
Maguire Ptnrs - Solana Ltd AG 5.907
Low Density Residential
14.
Maguire Ptnrs - Solana Ltd AG 0.959
Low Density Residential
15.
Maguire Ptnrs - Solana Ltd AG 1.031
Low Density Residential
16.
Maguire Ptnrs - Solana Ltd AG 3.083
Low Density Residential
17.
Maguire Ptnrs - Solana Ltd AG 0.92
Low Density Residential
18.
Maguire Ptnrs - Solana Ltd AG 6.96
Low Density Residential
19.
Maguire Ptnrs - Solana Ltd AG 3.5
Low Density Residential
20.
Duggins, James L Etux Joy SF1-A 6.605
Low Density Residential
21.
Elliott, Bryan V SF1-A 7.272
Low Density Residential
22.
Goza, Timothy D SF1-A 4.859
Low Density Residential
23.
Paxton, John F & Deborah K SF1-A 5.059
Case No. Attachment E
ZA 07-041 Page 1
Surrounding Property Owner Responses
940 W. Dove Road
Notices Sent: Twenty-Three (23).
Responses Receive: One (1).
Webster, Philip & Delores,
1052 Dove Road, submitted a Notification Response Form stating
Undecided
on May 2, 2007 (see attached).
Case No. Attachment F
ZA 07-041 Page 1
Case No. Attachment F
ZA 07-041 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-525
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 A
PORTION OF LOT 1, R.P. ESTES ADDITION SITUATED IN THE T.
MANN SURVEY, ABSTRACT NO. 1107, BEING APPROXIMATELY
4.97 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,
WHEREAS,
the hereinafter described property is currently zoned as “AG” Agricultural District under
the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment G
ZA 07-041 Page 1
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 their original investment was made; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment G
ZA 07-041 Page 2
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 Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107, being
approximately 4.97 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.”
SECTION 2.
Case No. Attachment G
ZA 07-041 Page 3
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 this ordinance.
Case No. Attachment G
ZA 07-041 Page 4
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 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.
Case No. Attachment G
ZA 07-041 Page 5
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.
_________________________________
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:______________________
Case No. Attachment G
ZA 07-041 Page 6
EXHIBIT “A”
Being Lot 1, R.P. Estes Addition, situated in the T. Mann Survey, Abstract No. 1107, and being approximately
4.97 acres.
Case No. Attachment G
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EXHIBIT “B”
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