Item 6DCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
September 12, 2007
CASE NO:ZA07-080
PROJECT:Zoning Change and Concept Plan for 1090 Primrose Lane
REQUEST:
Jerry Mills is requesting approval of a Zoning Change and Concept Plan from “AG”
Agricultural District to “SF-30” Single-Family Residential District on 1.0 acre for the
development of one single-family residence.
This is an existing single tract of land. No further subdivision of the property is
proposed. Although this property is designated as low density residential on the plan
which typically would warrant a request for “SF-1A” residential zoning or larger, a
request for “SF-30” is being made due to the required right of way dedication reducing
the lot area from 1.0 acre to 0.94 acre. Under the SF30 zoning, no further subdivision
would be possible given the current lot area.
The property is not currently served by sanitary sewer and is approximately 250 feet
from the nearest available public sanitary sewer located along N. Carroll Avenue.
Because the property is less than 1.0 acre after right-of-way dedication, a variance to
the minimum lot area permitted for septic systems was needed. The Zoning Board of
Adjustment approved the variance 4-0 on August 16, 2007.
ACTION NEEDED:1. Conduct public hearing
2. Consider approval of second reading for a zoning change and concept plan
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Concept Plan Review Summary No. 2, dated August 17, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-530
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT:
Ken Baker (748-8067)
Clayton Comstock (748-8269)
Case No.
ZA07-080
BACKGROUND INFORMATION
OWNERS/APPLICANTS:
Jerry and Kim Mills
PROPERTY SITUATION:
1090 Primrose Lane
LEGAL DESCRIPTION:
Tract 2C2, A.H. Chivers Survey, Abstract No. 299
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“AG” Agricultural District
REQUESTED ZONING:
“SF-30” Single Family Residential District
HISTORY:
There is no development history on this property.
TRANSPORTATION
ASSESSMENT:Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations for
Primrose Lane.
Existing Area Road Network and Conditions
The proposed subdivision will have direct access to Primrose Lane—a single-
lane local roadway. Primrose Lane intersects with N. Carroll Avenue to the
east.
May 2006 traffic counts on N. CARROLL AVENUE (between
Highland St & Dove St)
24hr 1,7871,685
North Bound (NB) () South Bound (SB) ()
NB 212227
Peak A.M. () Peak P.M. ()
7:30—8:30AM3:00—4:00PM
SB 265159
Peak A.M. () Peak P.M. ()
7:30 – 8:30 AM
3:30 – 4:30 PM
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Single-Family Residential 1 10 0 1 1 0
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on Primrose Lane.
SOUTHLAKE 2025:
The underlying land use designation is Low Density Residential, however, a
Comprehensive Plan Amendment is not recommended as the lot is an existing
tract and the proposed development is not increasing the density in the area.
Case No. Attachment A
ZA07-080 Page 1
PATHWAYS
MASTER PLAN:
A sidewalk along Primrose Lane is not required as this is a single-lot plat
outside 1,500-feet of a public park or school. The construction of a sidewalk is
anticipated along Carroll Avenue with the future development of the property
to the south.
WATER & SEWER:
A 6-inch public water line is available in Primrose Lane to serve this site. Public
sanitary sewer is not currently available to this site. The nearest sanitary sewer
is a 6-inch sewer line in Carroll Avenue.
DRAINAGE ANALYSIS:
This site drains to the south directly into Primrose Lane and is carried to the
east into N. Carroll Avenue.
TREE PRESERVATION:
The Tree Conservation Plan requirement was waived by staff for this
application, as the few trees that exist on site are along the property boundary.
P&Z ACTION:
August 23, 2007; Approved (6-0) subject to Concept Plan Review Summary
No. 2, dated August 17, 2007; granting the requested variances.
COUNCIL ACTION:
September 4, 2007; Approved first reading on Consent (7-0).
STAFF COMMENTS:
Attached is Concept Plan Review Summary No. 2, dated August 17, 2007.
N:\Community Development\MEMO\2007cases\07-080ZCP.doc
Case No. Attachment A
ZA07-080 Page 2
Case No. Attachment B
ZA07-080 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA07-080 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA07-080Two08/17/07
Case No.: Review No.: Date of Review:
Concept PlanLot 7, A.H. Chivers No. 299 Addition (1090 Primrose Lane)
Project Name: –
APPLICANT: OWNER:
Tri-Tech DFW Surveying – Andy Nold Mills Custom Homes – Jerry Mills
2825 Exchange Blvd; Ste 104 P.O. Box 93732
Southlake, TX 76092 Southlake, TX 76092
P: 817/442-5511 P: 214/450-4521
F: 817/416-9198
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/06/07AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817) 748-8269.
PLANNING COMMENTS
No further specific comments
* Because this is a zoning request for a pre-existing tract, no Land Use Plan Amendment is required
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.
Any variance requests have to be documented in writing and fully justified.
*
*
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, and a 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.
* Percolation tests and a septic system feasibility analysis must be submitted prior to filing of this plat,
unless waived by the City Engineer. The total number of lots or lot configuration may require
adjustment based on any potential problems indicated.
Case No. Attachment D
ZA07-080 Page 1
ENGINEERING COMMENTS
Contact: Cheryl Taylor, (817)748-8100
GENERAL:
* Use the City of Southlake GPS monuments whenever possible.
WATER AND SANITARY SEWER:
1.A 6” public water line is available in Primrose Lane to serve this site.
2. Public sanitary sewer is not currently available to this site. The nearest sanitary sewer is a 6” sewer line
in Carroll Avenue.
3. The dedication of ROW with this plat may create a lot that is less than the required 1 acre minimum for
a private sewer system. Approval from ZBA may be required for a private sewer system.
DRAINAGE:
* A detailed grading plan will be required with the Building Permit application.
* Proposed driveway culverts must be sized by an engineer and submitted for approval to the City
Engineer.
* This property drains into a Critical Drainage Structure and may require a fee to be paid prior to
beginning construction.
* 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.
PARKS & RECREATION COMMENTS
This property has neot previously been platted and requires park dedication fees in the amount of $1500
* Denotes Informational Comment
Case No. Attachment D
ZA07-080 Page 2
Surrounding Property Owners
1090 Primrose Lane
SPO #
Owner Zoning Land Use Acreage
Low Density Residential
1.
Heath, George F Etux Lou Ann AG 0.196
Low Density Residential
2.
Tharp, Harry E Etux Monica SF1-A 1.011
Low Density Residential
3.
Chodavadia, Bharatkum B Etux SF1-A 1.058
Low Density Residential
4.
Satterfield, David Etux Carla SF1-A 1.056
Low Density Residential
5.
Scott, Donald Etux Gala SF1-A 0.994
Low Density Residential
6.
Smiley, Gregory W & J Smiley SF20A 0.612
Low Density Residential
7.
Heath, George F Etux Lou Ann AG 0.414
Low Density Residential
8.
Cercone, Albert B AG 0.268
Low Density Residential
9.
Clayton, Jody AG 0.974
Low Density Residential
10.
Grant, Janice L AG 0.365
Mixed Use
11.
Westerra Southlake Lp NRPUD 99.194
Case No. Attachment E
ZA07-080 Page 1
Surrounding Property Owner Responses
1090 Primrose Lane
Notices Sent: Eleven (11).
Responses Receive: One (1).
●
Gregory Smiley (SPO #6),
1086 Primrose Lane, submitted a Notification Response Form
Favor
in on August 16, 2007 (see attached).
Case No. Attachment F
ZA07-080 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-530
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
2C2 OF THE A.H. CHIVERS SURVEY, ABSTRACT NO. 299, BEING
APPROXIMATELY 1.0 ACRE, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-30” SINGLE FAMILY
RESIDENTIAL DISTRICT,
AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN
SUBJECT TO THE SPECIFIC REQUIREMENTS
AS EXHIBIT “B”,
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
ZA07-080 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
ZA07-080 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 Tract 2C2 of the A.H. Chivers Survey, Abstract No. 299, being approximately 1.0 acre,
and more fully and completely described in Exhibit “A” from “AG” Agricultural District to
“SF-30” Single Family Residential District as depicted on the approved Concept Plan attached
hereto and incorporated herein as Exhibit “B”, as subject to the following conditions:
1)
SECTION 2.
Case No.Attachment G
ZA07-080 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
ZA07-080 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
ZA07-080 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:
Case No.Attachment G
ZA07-080 Page 6
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No.Attachment G
ZA07-080 Page 7
EXHIBIT “A”
Being Tract 2C2 of the A.H. Chivers Survey, Abstract No. 299, being approximately 1.0 acre.
Case No.Attachment G
ZA07-080 Page 8
EXHIBIT “B”
CONCEPT PLAN
Case No.Attachment G
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CONCEPT PLAN ENLARGEMENT
Case No.Attachment G
ZA07-080 Page 10