Item 7CCity of Southlake
Department of Planning
STAFF REPORT
February 15, 2006
CASE NO: ZA05 -149
P ROJECT: Zoning Change for 680 E. Dove Street
REQUEST: Jerry and Patricia Gilliland are requesting approval of a change of zoning from "AG"
Agricultural District to "SF -IA" Single Family Residential District on approximately
2.00 acres.
No plan is required to be submitted with a request for "SF -IA" single family
residential development.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
(E) Ordinance No. 480 -477
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA 05 -149
BACKGROUND INFORMATION
OWNER/APPLICANT: Jerry and Patricia Gilliland
PROPERTY SITUATION: 680 E. Dove Street
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA 05 -149
Tract 2B IA, situated in the J. Chivers Survey, Abstract No. 348
Low Density Residential
"AG" Agricultural District
"SF-IA" Single Family Residential District
There is no development history on this property. A home currently exists on
the property.
Master Thoroumhfare Plan
The Master Thoroughfare Plan recommends E. 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 a plat showing.
Existing Area Road Network and Conditions
The lot has direct access onto E. Dove Street.
Currently, E. 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 roadways would be considered to operate under a level of
service `D'. This development is not expected to warrant expansion of the
existing roadway network. No plans for improvement in the near future have
been made for E. Dove Street.
May, 2005 traffic counts on E. Dove Street (between Carroll Ave &
White Chapel Blvd
24hr
West Bound (WB ) (1,898)
East Bound (EB) (1,931)
WB
Peak A.M. 362 7:45 - 8:45 a.m.
Peak P.M. 234 3:45 - 4:45 p.m.
EB
Peak A.M. 363 7:45 - 8:45 a.m.
Peak P.M. 212 3:15 - 4:15 p.m.
Attachment A
Page 1
Traffic Inipact
PATHWAYS MASTER
PLAN:
*Vehicle Trips Per Day
* *The AM /PM times represent the number of vehicle trips generated during the peak travel
times on E. Dove Street.
Use
#Lots
Vtpd*
AM-
AM-
PM-
PM-
IN
OUT
IN
OUT
Number of Single - Family
1
10
0
1
1
0
Residential Lots
The Southlake Pathways Master Plan recommends an eight (8) foot paved,
multi -use trail along the north side of E. Dove Street adjacent to this site.
WATER & SEWER: A 12 -inch water currently exists along the south side of E. Dove Street. An
existing 8 -inch sanitary sewer line exists along the south side of E. Dove Street
serving the Estes Park subdivision.
DRAINAGE COMMENTS: This site drains to the middle of the lot to an existing creek which nuns across
the lot toward the west.
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
• Preserve trees to the maximum extent feasible. Buildings must be located
on the site to maximize tree preservation.
P &Z ACTION: January 19, 2006; approved (7 -0) as submitted.
CITY COUNCIL: February 7, 2006, approved first reading (6 -0).
STAFF COMMENTS: An application for "SF -IA" zoning does not require submittal of a concept
plan. No review summary was created for this item.
M \Community Development \MEMO \2005cases \05- 149Z.doc
Case No.
ZA 05 -149
Attachment A
Page 2
Vicinity Map
Case No.
ZA 05 -149
680 East Dove Street
Attachment B
Page 1
1000 0 1000 2000 3000 Feet
Surrounding Property Owners
680 E. Dove St.
Case No.
ZA 05 -149
Attachment C
Page 1
1 C)
Zoning
Land Use
Acreage
1.
Bennett, Drake C & Gwen H
10
$ 3
11
3.95
2.
9
7 2
ST
Low Density
Residential
1.5
4
6
SF -lA
Low Density
Residential
1.5
Case No.
ZA 05 -149
Attachment C
Page 1
Owner
Zoning
Land Use
Acreage
1.
Bennett, Drake C & Gwen H
SF -lA
Low Density
Residential
3.95
2.
Canalizo, Charles & Alissa
SF-IA
Low Density
Residential
1.5
3.
Haitz, Timothy & Kathleen
SF -lA
Low Density
Residential
1.5
4.
Estes Park Ltd
R -PUD
Medium Density
Residential
5.914
5.
Estes Park Ltd
R -PUD
Medium Density
Residential
5.19
6.
Estes Park Ltd
R -PUD
Medium Density Residential
2.0
7.
Durham, Martha L
AG
Low Density
Residential
1.0
8.
Gutierrez, Alfredo L & Angela
AG
Low Density
Residential
2.8
9.
Gilliland, J I
AG
Low Density
Residential
2.0
10.
Shelton, John M
SF -lA
Low Density
Residential
3.63
11.
Koldus, John IV & Gwen
SF -lA
Low Density
Residential
2.0
Case No.
ZA 05 -149
Attachment C
Page 1
Surrounding Property Owner Responses
680 E. Dove St
Notices Sent: Nine (9)
Responses Received: None (0)
Case No.
ZA 05 -149
Attachment D
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -477
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
2B1A, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 348,
BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -IA" 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 X1, 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
strictures 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 -149 Page 1
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 -149 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 2B IA, situated in the J. Chivers Survey, Abstract No. 348, being approximately
2.00 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
District to "SF -IA" 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 -149 Page 3
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subj ect to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances forthe 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 -149 Page 4
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.
ZA05 -149
Attachment E
Page 5
by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 7 1h day of February, 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.
ZA05 -149
Attachment E
Page 6
EXHIBIT "A"
Being Tract 2B IA, situated in the J. Chivers Survey, Abstract No. 348, being approximately 2.00 acres.
KING A TRACT OF LAND OUT OF THE J.L. cHwERS $uRVEY. A9STRACT NO, 348, TARRANT COUNTY,
TEXAS, AND BEING THE SAME TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 4495,
PACE 839, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCROEO A$ FOLLOWS;
BEGINNING AT A CAPPED IRON PIN SET IN THE NORTH LINE OF E, DOVE ROAD FOR THE SOUTHWEST
CORNIER OF TRACT SEING DESCRIBED, SAID POINT BY DEED BEING LOCATEJ) MO FEET NORTH AND
163.0 FES EAST FROM THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN VOLUME 1687, PAGE 249, DEED RECOROS, TARRANT COUNTY, TEXAS, SAID POINT ALSO
BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN
VOLUMIE 11739, PAGE 535, DEED RECORDS, TARRANT COUNTY. TEXAS,
THENCE NORTH NORTH 00 DEGREES 09 MINUTES 49 SECONDS EAST (DEED CALL NORTH) 458.50
FEEL` ALONG THE EAST UNC OF SAID TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME
11739, PAGE 535 TO A CAPPED IRON PIN FOUND FOR AN INSIDE CORNER Or SAID TRACT OF LAND
AS DESCRIBED IN DEED RECORDED IN VOLUME 11739, PACE 535 AND FOR THE WORTHWE5T CORNER
OF TRACT BEING DESCRIBED;
THENCE EAST '190,00 FEET ALONG THE SOUTH LINE OF SAID TRACT OF LAND AS DESCRIBED IN
DEED RECORDED IN VOLUME 11739, PACE 535 TO A CAPPED IRON PIN SET IN THE WEST LINE OF
LOT 4, SLACK A-R, REPLAT OF HUNTWICE ESTATES. AN ADDITION TO THE CITY OF SOUTHILAKE.
'r.AR.PANT COUNTY. TEXAS. ACCORD[% TO THE PLAT RECORDED IN VOLUME 388-182, PACE 75,
PLAT RECORDS, TARRANT COUNTY. TEXAS,
THENCE SOUTH 00 DEGREES 49 MINUTES 49 SECONDS WEST (DEED CALL SOUTH) 458.50 FEET
ALONG THE WEST LINE Of SAID LOT 4, SLOCK A-R, REPLAY' OF HUNTWICK ESTATES AND ALQNG THE
WEST UNE Of A TRACT OF LAND AS DESCRISED IN DEED RECORDED IN VOLUME 4195. PAGE 161,
DEED RECORM TARRANT COUNTY. 7WS 70 A CAPPED IRON PIN SET IN THE NORTH LINE OF SAID
E. DOVE ROAD FOR THE SOUTHWEST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN VOLUME 4195, PAGE 161 AND FOR ME SOUTHEAST CORNER OF TRACT BEING DESCRIBED:
THENCE WEST 190.00 ALONG THE NORTH LINE OF SAID E. DOVE ROAD To THE POINT OF
BEGINNING AND CONTAINING 2,00 ACRES OF LAND, MORE OR LESS
Case No.
ZA05-149
Attachment E
Page 7