Item 6CCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
August 15, 2007
ZA06-003
CASE NO:
Zoning Change for approximately 2.24 acres being a portion of Tracts 2A, 2B1
PROJECT:
and 3A, T. Mahan Survey, Abstract No. 1049
REQUEST: Gateway Church is requesting approval of a zoning change from “NRPUD”, Non-
Residential Planned Unit Development district to “AG” Agricultural district. The
purpose of this request is to change the zoning of this tract so that it can be combined
with the adjoining 38 acres of land to the west of this site currently zoned “AG” and
owned by the Carroll Independent School District. The specific tract is labeled as
Parcel ‘F’ in the zoning exhibit included as attachment ‘C’ of this report. The property
involved is intended to remain in an agricultural use and there are no immediate plans
for construction or further development.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for a zoning change approval
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. 480-528
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA06-003
BACKGROUND INFORMATION
OWNER/APPLICANT: Gateway Church
PROPERTY SITUATION: Approximately 1200 feet west of N. Kimball Avenue and approximately 600
feet south of E. Highland Street.
LEGAL DESCRIPTION: A portion of Tracts 2A, 2B1 and 3A, T. Mahan Survey, Abstract No. 1049
LAND USE CATEGORY: Mixed Use
CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District
REQUESTED ZONING: “AG” Agricultural District
HISTORY: “NR-PUD” Non-Residential Planned Unit Development District and a Concept
Plan were approved June 17, 1997.
TRANSPORTATION
ASSESSMENT: This tract is to be combined with an adjoining “AG” zoned tract and under its
current development status will have virtually no impact on adjacent roadways.
PATHWAYS
MASTER PLAN: An 8’ trail is required along the north side of future Kirkwood Boulevard and
E. Highland Street. Under the current zoning proposal for this site,
construction of the trail or sidewalks is not required at this time. Sidewalk and
trail requirements will be re-evaluated with any future zoning, site plan, platting
and/or building permit proposals.
WATER & SEWER: There are no improvements proposed with this request
DRAINAGE ANALYSIS: There are no improvements proposed with this request
TREE PRESERVATION: There are no plans or construction proposed at this time.
P & Z ACTION: July 5, 2007; Tabled (5-0) to the July 19, 2007 Planning and Zoning
Commission meeting.
July 19, 2007; Approved (7-0) as presented.
COUNCIL ACTION: August 7, 2007; Approved first reading (7-0) subject to the recommendations
by the P&Z.
STAFF COMMENTS: No plan is required with a request for “AG” agricultural zoning. A zoning
exhibit is included as attachment ‘C’. The specific parcel is shown as parcel ‘F’.
The applicant and owner should be aware that any lot proposed for platting
Case No. Attachment A
ZA06-003 Page 1
and/or development in the “AG” agricultural district must comply with the
underlying uses and development regulations for that district as prescribed in
Section 9 of the Comprehensive Zoning District No. 480, as amended which
includes but is not limited to lot(s) must front on a street, minimum lot area of
435,600 square feet and a minimum lot width of 300 feet. The owner/applicant
has indicated to staff that this 2.24 acres is to be combined with the adjoining
“AG” zoned property which would be compliant with the referenced
regulations. No development is proposed at this time.
N:\Community Development\MEMO\2006cases\06-003Z.doc
Case No. Attachment A
ZA06-003 Page 2
Case No. Attachment B
ZA06-003 Page 1
Case No. Attachment C
ZA06-003 Page 1
Surrounding Property Owners
Gateway Church
SPO #
Owner Zoning Land Use Acreage
Low Density Residential
1.
Panorama Properties Ltd SF1-A 1.035
Low Density Residential
2.
Hld-Southlake Development Ltd SF1-A 1.015
Low Density Residential
3.
Kelly & Kramer LP SF1-A 1.082
Low Density Residential
4.
Panorama Properties Ltd SF1-A 1.028
Medium Density Residential
5.
Martin Custom Homes LLC SF20A 100 Year Flood Plan 1.085
Medium Density Residential
6.
Chowdhury, Faroque Alam SF20A 0.5
Medium Density Residential
7.
Brooks, William David, Jr SF20A 0.468
Medium Density Residential
8.
Woomer, Scott Etux Rayeann SF20A 0.46
Medium Density Residential
9.
Patterson, B H Etux Virginia AG 1.725
Low Density Residential
10.
Patterson, Burton H Etux Virg AG 1.394
Low Density Residential
11.
Herndon, Boyd K Etux Susan K SF1-A 1.205
Case No. Attachment D
ZA06-003 Page
1
Low Density Residential
12.
Thomas, Donald Etux Connie SF1-A 1.336
Low Density Residential
13.
Junell, Michael SF1-A 1.236
Low Density Residential
14.
Cook, Steven E Etux Katherine SF1-A 1.318
Low Density Residential
15.
Hardin, Roger D Etux Ann C SF1-A 1.412
Low Density Residential
16.
Huning, Eric Etux Mary SF1-A 2.614
Retail Commercial
17.
Schulz, Laura A Etvir Edwin R AG 0.287
Retail Commercial
18.
Schenk, Joel AG 0.248
Retail Commercial
19.
Collins, Ted SF1-A 0.504
Retail Commercial
20.
Johnson, Deborah Bohannon Etal AG 0.479
Retail Commercial
21.
Steele, Crystal M Etvir Robert AG 0.295
Retail Commercial
22.
Carroll ISD AG 1.041
Retail Commercial
23.
Nec Carroll & 114 Ltd Prtnshp AG 0.163
Retail Commercial
24.
Nec Carroll & 114 Ltd Prtnshp AG 0.21
Retail Commercial
25.
Nec Carroll & 114 Ltd Prtnshp AG 0.019
Retail Commercial
26.
D/Fw Carroll Road Ltd SP1 0.744
Retail Commercial
27.
D/Fw Carroll Road Ltd SP1 0.485
Medium Density Residential
28.
Don L Taylor Homes Ltd SF20A 0.467
Medium Density Residential
29.
J Lambert Construction Inc SF20A 0.469
Medium Density Residential
30.
Dallas Cornerstone Classic Bld SF20A 100 Year Flood Plan0.518
Medium Density Residential
31.
Dallas Cornerstone Classic Bld SF20A 100 Year Flood Plan0.573
Medium Density Residential
32.
Southlake/Terra Lp SF20A 100 Year Flood Plan1.023
Mixed Use
33.
Howell, Dan Etux Marguerite MF1 0.976
Mixed Use
34.
Ekstrom, Delton E SF1-A 1.052
Mixed Use
35.
Coty, Rita SF1-A 0.911
Mixed Use
36.
Moss, Angelia J Etvir Jack A SF1-A 1.094
Mixed Use
37.
Kaufman, James & Denise Hines SF1-A 1.346
Mixed Use
38.
Pafel, Thomas D Etux Marcia L SF1-A 1.048
Mixed Use
39.
Brown, Ronni Etvir Richard SF1-A 1.288
Low Density Residential
40.
Calais Construction Inc SF1-A 0.996
Low Density Residential
41.
St Emilion Partners SF1-A 0.971
Public/Semi-Public
42.
Carroll Road Baptist Church CS 1.036
Mixed Use
43.
Transport Workers Union, #513 O1 2.182
Mixed Use
44.
Gateway Church NRPUD 16.874
Office Commercial
45.
Carroll ISD CS Retail Commercial 5.2
Mixed Use
46.
Gateway Church NRPUD 89.611
Mixed Use
47.
Carroll ISD AG 0.7
Office Commercial
48.
Eubanks, Marie Est AG Mixed Use 1.658
Mixed Use
49.
Carroll ISD AG 0.614
Office Commercial
50.
Carroll ISD CS Mixed Use 3.928
Mixed Use
51.
Carroll ISD AG 0.98
Mixed Use
52.
Texas, State Of NRPUD 0.338
Case No. Attachment D
ZA06-003 Page
2
Mixed Use
53.
Greenway-Berk Partners, Lp AG 0.098
Mixed Use
54.
Gateway Church NRPUD 5.276
Mixed Use
55.
Greenway-Berk Partners, Lp AG 3.483
Mixed Use
56.
Gateway Church NRPUD 1.765
Medium Density Residential
57.
Hillman, Luther L AG 3.94
Medium Density Residential
58.
Taylor, Earnest E Jr AG 8.105
Mixed Use Low
59.
Carroll ISD AG Density Residential 26.488
Mixed Use Low
60.
Knight, Harold I AG Density Residential 11.156
Low Density Residential
61.
Carter, Linda Hilliard AG 1.839
Mixed Use
62.
Gateway Church NRPUD 10.525
Mixed Use
63.
Stegall, Molly Barton AG 1.553
Mixed Use
64.
Gateway Church NRPUD 1.782
Mixed Use
65.
Gateway Church NRPUD 8.593
Medium Density Residential
66.
Patterson, Burton Etux Virgini AG 6.055
Low Density Residential
67.
Stewart, Timothy Sean AG 2.026
Low Density Residential
68.
Wells Fargo Bank Na AG 0.808
Mixed Use
69.
Gateway Church NRPUD 6.614
Mixed Use
70.
Gateway Church NRPUD 48.972
Mixed Use
71.
Lela T Boyd Dynasty Trust AG 14.82
Mixed Use
72.
Fechtel, Joe NRPUD 0.063
Mixed Use
73.
Fechtel, Joe NRPUD 0.232
Mixed Use
74.
Greenway-Berk Partners, Lp AG 8.15
Mixed Use
75.
Fechtel, Joe NRPUD 0.085
Mixed Use
76.
Greenway-Berk Partners, Lp AG 7.838
Mixed Use
77.
Greenway-Berk Partners, Lp AG 1.459
Mixed Use
78.
Braun, Fred SF1-A 1.536
Case No. Attachment D
ZA06-003 Page
3
Surrounding Property Owner Responses
Gateway Church
Notices Sent: Seventy-eight (78).
Responses Receive: One (1).
Faroque Chowdhury,
2200 Yeargain Court, submitted a Notification Response Form in
Opposition
on July 13, 2007 (see attached).
Case No. Attachment E
ZA06-003 Page 1
Case No. Attachment E
ZA06-003 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-528
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 ASA
PORTION OF TRACTS 2A, 2B1, AND 3A, SITUATED IN THE T.
MAHAN SURVEY, ABSTRACT NO. 1049, BEING APPROXIMATELY
2.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED
IN EXHIBIT “A” FROM “NR-PUD” NON-RESIDENTIAL PLANNED
UNIT DEVELOPMENT DISTRICT TO “AG” AGRICULTURAL
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 “NR-PUD” Non-Residential
Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment F
ZA06-003 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 F
ZA06-003 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 a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey, Abstract No.
1049, being approximately 2.24 acres, and more fully and completely described in Exhibit “A”
from “NR-PUD” Non-Residential Planned Unit Development District to “AG” Agricultural
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.
Case No. Attachment F
ZA06-003 Page 3
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.
SECTION 6.
Case No. Attachment F
ZA06-003 Page 4
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.
This ordinance shall be in full force and effect from and after its passage and publication as required by
Case No. Attachment F
ZA06-003 Page 5
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 F
ZA06-003 Page 6
EXHIBIT “A”
Being a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey, Abstract No. 1049, being
approximately 2.24 acres.
** insert m&b description **
Case No. Attachment F
ZA06-003 Page 7
EXHIBIT “B”
Case No. Attachment F
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