Item 7C
Department of Planning & Development Services
S T A F F R E P O R T
November 28, 2007
ZA07-121
CASE NO:
Zoning Change and Site Plan for Royal and Annie Smith Park
PROJECT:
REQUEST: The City of Southlake Department of Community Services is requesting the
approval of a Zoning Change and Site Plan from “AG” Agricultural District to
“CS” Community Service District for the Royal and Annie Smith Park on a tract
of land of approximately 13.11 acres. The plan proposes the development of
a trail, pavilion and playground area in the northern part of the park with trails
and parking area proposed as a future phase. No variances are being
requested.
Consider first reading for a zoning change and site plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 3, dated November 12, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-538
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA07-121
BACKGROUND INFORMATION
OWNER/APPLICANT: City of Southlake
PROPERTY SITUATION: 3045 Johnson Rd
LEGAL DESCRIPTION: Tract 1, J.G. Allen Survey, Abstract No. 18
LAND USE CATEGORY: Public Parks / Open Space
CURRENT ZONING: “AG” Agricultural
REQUESTED ZONING: “CS” Community Service District
HISTORY: There is no development history on this property. Trail improvements
have been made on the property.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Johnson Road to be a 2-
lane, undivided collector with 70 feet of right-of-way.
Existing Area Road Network and Conditions
The development is proposing one (1) direct access onto Johnson
Road, a 2-lane, undivided collector roadway. This development will
generate approximately 21 vehicle trips per day.
May 2006 traffic counts on Johnson Road (between Randol Mill
Avenue and Pearson Lane)
24hr 1,0451,136
West Bound (WB) () East Bound (EB) ()
WB 55169
Peak A.M. () Peak P.M. ()
10:45—11:45AM5:00—6:00PM
EB 17983
Peak A.M. () Peak P.M. ()
7:00 – 8:00
3:15 – 4:15 PM
AM
Traffic Impact
Use Acres Vtpd*
City Park 13.11 21
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak
travel times on Johnson Road.
PATHWAYS
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MASTER PLAN: Segment No. 24 on the Pathways Master Plan, which connects
Johnson Road to W. Southlake Boulevard through Royal and Annie
Smith Park and the Vermilion subdivision, is a completed trail segment.
WATER & SEWER: An 8-inch sewer line and a 12-inch waterline exist in Johnson Road.
TREE PRESERVATION: From a tree preservation and safety standpoint, it would be more
beneficial to place the playground area on the north side of the
sidewalk instead of the south side. If a small retention wall is
constructed to encase the playground area that inhabits seven (7)
large existing trees, it will need to be designed so that it drains very
well and will not kill the trees. If a thick layer of mulch or any other
playground fall-zone material is placed within the root zones of the
trees, the trees will die or become stressed causing the possibility
excessive limb drop into the playground area. There are also
playground safety regulations for the distance playground equipment
can be to trees and landscaping.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan
SOUTHLAKE 2025:
Recommendations
Extend the sidewalk along Johnson Road to the eastern property line.
Label the width of the sidewalk.
P&Z ACTION: November 8, 2007; Approved (7-0) subject to Site Plan Review
Summary No. 2, dated November 2, 2007.
COUNCIL ACTION: November 20, 2007; Approved to table (7-0) to the December 4, 2007
City Council meeting.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 12,
2007.
N:\Community Development\MEMO\2007cases\07-121ZSP.doc
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Case No. Attachment B
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Site Plan
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Royal and Annie Smith Park Master Plan
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Site Plan Detail – Pavilion
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Building Renderings
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Tree Conservation Plan
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SITE PLAN REVIEW SUMMARY
ZA07-121Three11/14/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: - Royal & Annie Smith Park
APPLICANT: City of Southlake ARCHITECT: Halff
1201 N. Bowser Rd
Richardson, TX 75081
Phone: Phone: (214) 346-6200
Fax: Fax: (214) 739-0095
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/07/07 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 BEN BRYNER AT (817) 748-8602.
1. The following changes are needed with regard to labeling:
a. Provide the name and address of owner on the plan.
b. Show and label the front, rear, & side building lines.
c. Label the R.O.W. width for Johnson Street. Label the width and pavement type of
the existing roadway.
2. The following changes are needed with regard to bufferyards and interior landscaping:
a. Label the bufferyard along the south boundary line (10' - Type 'C').
b. Provide the Bufferyard Calculation chart on the site plan.
3. The following changes are needed with regard to driveways:
a. Label the width and correctly label the stacking depth for the proposed drive. Staff
measures ±85 from the new R.O.W. limit.
b. Label the distances from the proposed driveway centerline to the nearest existing
driveway centerlines off-site in both directions of the site. The proposed drive must
be at least 150' from the nearest drive in either direction.
c. Show and label all existing driveways on adjacent properties and across adjoining
rights-of-way.
Case No. Attachment D
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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.
* No review of proposed signs is intended with this site plan. A separate building permit is
required prior to construction of any signs.
* 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, a fully corrected 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.
Public Works – Engineering
GENERAL COMMENTS:
* Sight distances will be required to conform to AASHTO guidelines on adjacent collectors
and arterials.
* The discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance # 605.
* Use the City of Southlake GPS monuments whenever possible.
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.
Landscape Administrator
TREE CONSERVATION COMMENTS:
1. From a tree preservation and safety standpoint, it would be more beneficial to place the
playground area on the north side of the sidewalk instead of the south side. If a small
retention wall is constructed to encase the playground area that inhabits seven (7) large
existing trees, it will need to be designed so that it drains very well and will not kill the trees.
Case No. Attachment D
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If a thick layer of mulch or any other playground fall-zone material is placed within the root
zones of the trees, the trees will die or become stressed causing the possibility excessive
limb drop into the playground area. There are also playground safety regulations for the
distance playground equipment can be to trees and landscaping.
2. The playground area is proposed on the backside of the hill and is hidden from view from
the street so that it cannot be viewed by police officers passing by on Johnson Road.
Southlake 2025 Comprehensive Plan
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations
Extend the sidewalk along Johnson Road to the eastern property line. Label the width of the
sidewalk.
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Surrounding Property Owners
Royal and Annie Smith Park
SPO #
Owner Zoning Land Use Acreage
1.
Stubbs, Stoney M Jr SF1-A Low Density Residential 2.195
2.
Douglass, Gerald Etux Deborah SF1-A Low Density Residential 1.995
3.
Miller, Paul Jr Est & Shereen SF1-A Low Density Residential 2.16
4.
Summey, Marc S Etux Rebecca J SF1-A Low Density Residential 4.061
5.
Miller, Mark R Etux Joni SF20A Medium Density Residential 0.5
6.
Smariga, Russell B Etux Linda SF20A Medium Density Residential 0.47
7.
Cox, James E Etux Susan B SF20A Medium Density Residential 0.703
8.
Sundeen, Carl G Etux Sharon K SF20A Medium Density Residential 0.472
9.
Gregor, David M Etux Deborah SF20A Medium Density Residential 0.48
10.
Sakaloskt, Christopher M SF1-A Low Density Residential 1.017
11.
Ortman, John A Etux Pamela SF1-A Low Density Residential 1
12.
Rowsey, Bryan M & Christy G SF1-A Low Density Residential 1.036
13.
Fey, Michael SF1-A Low Density Residential 1.022
14.
Edmondson, Robert E SF20B Medium Density Residential 0.591
15.
Wilson, Carl R SF20B Medium Density Residential 0.539
16.
Zedicher, Roger G Etux Lori R SF20B Medium Density Residential 0.61
17.
Jones, Gary T Etux Frances L SF1-A Low Density Residential 1.642
Case No. Attachment E
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18.
Southlake, City Of AG Public Park / Open Space 13.081
19.
Ausley, George L & Mary P AG Low Density Residential 1.318
20.
Summey, Marc S Etux Rebecca J AG Low Density Residential 0.901
21.
Douglass, Gerald Etux Debprah AG Low Density Residential 0.346
22.
Miller, Paul W Jr & Shereen AG Low Density Residential 0.417
23.
Keller ISD CS Public / Semi-Public 8.473
24.
Keller ISD CS Public / Semi-Public 6.045
25.
Ausley, George L Etux Mary P AG Low Density Residential 2.023
26.
Smith, Royal Etux Marilyn AG Low Density Residential 0.767
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Surrounding Property Owner Responses
Royal and Annie Smith Park
Notices Sent: Twenty-six (26).
Responses Receive: Three (3).
James & Susan Cox (SPO #7),
2904 Bristol Gln., submitted a Notification Response
Favor
Form in on November 6, 2007 (see attached).
Christopher Sakaloskt (SPO #10),
124 Vermillion Ct., submitted a Notification
Favor
Response Form in on November 12, 2007 (see attached)
Mark & Joni Miller (SPO #5),
601 Royal Lane, submitted a Notification Response Form
Favor
in on November 15, 2007 (see attached).
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-538
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 1, SITUATED IN THE J.G. ALLEN SURVEY,
ABSTRACT NO. 18, BEING APPROXIMATELY 13.11 ACRES, AND MORE
FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “CS” COMMUNITY SERVICE 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
WHEREAS,
a change in the zoning classification of said property was requested by a
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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
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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 Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately
13.11 acres, and more fully and completely described in exhibit “A” from “AG”
Agricultural District to “CS” Community Service District as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to
the following conditions:
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1.
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
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.
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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
until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
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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.
_________________________________
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:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Tract 1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 13.11 acres:
** Insert M&B Description **
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EXHIBIT “B”
Site Plan
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Royal and Annie Smith Park Master Plan
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Site Plan Detail – Pavilion
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Building Renderings
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Tree Conservation Plan
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