Item 7JCity of Southlake
Department of Planning
S T A F F R E P O R T
January 11, 2006
ZA05-139
CASE NO:
Zoning Change for 940 N. Peytonville Avenue
PROJECT:
REQUEST:On behalf of Charles & Lou McPherson, Steve Payne Custom Homes is requesting
approval of a change of zoning from “AG” Agricultural District to “SF-1A” Single
Family Residential District on approximately 2.81 acres.
No plan is required to be submitted with a request for “SF-1A” single family
residential development.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change
ATTACHMENTS: (A) BackgroundInformation
(B) Vicinity Map
(C)Surrounding Property Owners Map
(D)Surrounding Property Owners Responses
(E)Ordinance No. 480-475
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough(748-8072)
Case No.
ZA 05-139
BACKGROUND INFORMATION
OWNER:Charles & Lou McPherson
APPLICANT:Steve Payne Custom Homes
PROPERTY SITUATION:The property is located at 940 N. Peytonville Avenue
LEGAL DESCRIPTION: Tracts 2B1 & 2B4, situated in the A.A. Freeman Survey, Abstract No. 522
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 this property. The existing structures will
be removed prior to development.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends N. Peytonville Avenue to be 2-
lane, undivided collector with 60 feet of right-of-way adjacent to this site.
Adequate right-of-way dedication is shown on the multiple-lot plat showing.
Existing Area Road Network and Conditions
Both lots will have direct access onto N. Peytonville Avenue.
Currently, N. Peytonville Avenue is a 2-lane, undivided roadway. The
capacity of the existing roadway is approximately 8,400 vehicle trips per day.
Under this condition, the roadways would be considered to operate under a
level of service ‘D’. This development is notexpected to warrant expansion of
the existing roadway network. No plans for improvement in the near future
have been made for N. Peytonville Avenue.
May, 2005 traffic counts on N. Peytonville Ave (between FM 1709 &
Southridge Lakes)
2,4352,740
24hrNorth Bound (NB) ()South Bound (SB) ()
269216
NBPeak A.M. ()Peak P.M. ()
7:45 – 8:45 a.m.2:45 – 3:45 p.m.
374431
SBPeak A.M. ()Peak P.M. ()
7:15 – 8:15 a.m.5:15 – 6:15 p.m.
Case No. Attachment A
ZA 05-139 Page 1
Traffic Impact
Use#LotsVtpd*AM-AM-PM-PM-
INOUTINOUT
2 Estimated Number of 2190111
Single-Family Residential
Lots
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel
times on N. Peytonville Ave.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not recommend any trail or
sidewalk improvements adjacent to this site.
WATER & SEWER: A 6-inch water currently exists along the east side of N. Peytonville Avenue.
The applicant is proposing to tie into an existing 8-inch sanitary sewer line to
the north along Cross Timber Drive.
DRAINAGE COMMENTS: The proposed site drains in a westerly direction.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Areas B, E, & F study area to include the following changes:
Land Use Recommendations
Existing land use designations – Low Density Residential. The proposed
development complies with the Low Density Residential land use
designation.
Environment Resource Recommendations
Maintain the existing topography and tree cover of the site to the
maximum extent feasible. Buildings must be located on the site to
maximize tree preservation.
P&Z ACTION: December 8, 2005; Approved (7-0) as presented.
COUNCIL ACTION: January 3, 2006; Approved on first reading on Consent (6-0) as presented.
STAFF COMMENTS: An application for “SF-1A” zoning does not require submittal of a concept
plan. No review summary was created for this item.
N:\Community Development\MEMO\2005cases\05-139Z.doc
Case No. Attachment A
ZA 05-139 Page 1
Case No. Attachment B
ZA 05-139 Page 1
Surrounding Property Owners
Lots 9 & 10, A.A. Freeman No. 522 Addition – 940 N. Peytonville Ave
OwnerZoningLandUseAcreage
1.Lewis, Clayton E & Janice M SF-1ALow Density Residential 0.983
2.Koven, Herbert & PhyllisSF-1ALow Density Residential 0.951
3.Tuggey, Matthew L & Jean A SF-1ALow Density Residential 0.995
4.Blair, Peter Jr & Lenice D SF-1ALow Density Residential 0.995
Richardson, Jared & K
5.Turrentine, Danny & Janice SF-1ALow Density Residential 0.965
6.Goldfuss, G Richard & Patricia SF-1ALow Density Residential 1.053
7.Gregg, Stephen & Beatrice SF-1ALow Density Residential 1.164
8.Ledbetter, Karen REMedium Density Residential 7.927
9.Sperduti, Gene-Marie AGLow Density Residential 4.257
Culp, Rodney B & Shannon
10.McPherson, C M AGLow Density Residential 1.02
11.McPherson, Lou EttaAGLow Density Residential 1.63
12.Pate, Robert H & Tricia L AGLow Density Residential 1.84
13.Pietz, Ludwig P & Pauline AGLow Density Residential 1.22
14.Bone, Marion R AGLow Density Residential 1.04
15.Bone, Marion R AGLow Density Residential 1.82
16.Bone, Marion R AGLow Density Residential 1.433
Case No. Attachment C
ZA 05-139 Page 1
Surrounding Property Owner Responses
Lots 9 & 10, A.A. Freeman No. 522 Addition
940 N. Peytonville Ave
Notices Sent: Sixteen (16)
Responses: None (0)
Case No. Attachment D
ZA 05-139 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-475
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 ASTRACTS
2B1 & 2B4, SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT
NO. 522, BEING APPROXIMATELY 2.81 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY
RESIDENTIAL 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
Case No. Attachment E
ZA05-139 Page1
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 E
ZA05-139 Page2
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 Tracts 2B1 & 2B4, situated in the A.A. Freeman Survey, Abstract No. 522, being
approximately 2.81 acres, and more fully and completely described in Exhibit “A” from “AG”
Agricultural District to “SF-1A” Single Family Residential 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 E
ZA05-139 Page3
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.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
Case No. Attachment E
ZA05-139 Page4
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
Case No. Attachment E
ZA05-139 Page5
by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2006.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA05-139 Page6
EXHIBIT “A”
Being Tracts 2B1 & 2B4, situated in the A.A. Freeman Survey, Abstract No. 522, being approximately 2.81
acres:
Case No. Attachment E
ZA05-139Page7