Item 8BCity of Southlake
Department of Planning
S T A F F R E P O R T
September 27, 2006
ZA06-119
CASE NO:
Zoning Change and Development Plan for Proposed La Mirada
PROJECT:
REQUEST: On behalf of St. Emillion Partners, Adams Engineering is requesting approval of a
zoning change and development plan. The development will follow the uses and
regulations of the “SF-1A” single family district and subdivision ordinance with the
following exceptions:
1) Minimum 50’ front yard on Lots 1-6 and 8
2) Minimum 40’ right-of-way with 28’ pavement width face of curb to face of
curb.
3) Min. centerline curve radii of 180’
The plan proposes the following:
Gross Acreage 11.61Ac.
Net Acreage 10.62 Ac
Area of Open Space 1.2
Percentage of Open Space 10.38%
Number of Residential 8
Lots/Units
Gross Density 0.69 du/ac
Net Density 0.75 du/ac
Opposition within the 200’ notification boundary is at 58.5% as of 9/27/06. As a
result of opposition being greater than 20%, a supermajority vote will be required for
approval.
Consider first reading for zoning change and development plan
ACTION NEEDED:
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Development Plan Review Summary No. 3, dated September 27, 2006
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-503
(H) Full Size Plans (for Commission and Council Members Only)
Case No.
ZA06-119
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA06-119
BACKGROUND INFORMATION
OWNER: St. Emillion Partners
APPLICANT: Adams Engineering
PROPERTY SITUATION: 1925 N. Peytonville Avenue
LEGAL DESCRIPTION: Lot 1R, Rougemont Addition
LAND USE CATEGORY: Low Density Residential with a Rural Conservation overlay option
CURRENT ZONING: “RE” Single Family Residential Estate District
REQUESTED ZONING: “R-PUD” Residential Planned Unit Development District
HISTORY: -A preliminary plat was approved by City Council for a single agricultural lot
on November 2, 1993.
-A final plat was approved by P&Z on December 9, 1993.
-City Council approved a change of zoning to “RE” on June 2, 1998.
-A change of zoning to “SF-1A” on a portion of the property was approved
by City Council on August 4, 1998.
-City Council approved a plat revision creating Lots 1R & 2 on July 21, 1998.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends N. Peytonville Avenue to be a 2-
lane, undivided collector roadway with 70 feet of right-of-way adjacent to this
site. Adequate right-of-way exists for this roadway. The street typology
designation for N. Peytonville Avenue is ‘Rural Road’.
Existing Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with 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 roadway would be considered to operate under a
level of service ‘D’. Completion of this development will add approximately
86 vehicle trips per day to this section of N. Peytonville Avenue, bringing it to
4,276 vehicle trips per day.
Case No. Attachment A
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May, 2005 traffic counts on N. Peytonville Ave (between Southridge
Lakes & W. Dove St)
24hr 2,0602,130
North Bound (NB) () South Bound (SB) ()
NB 416145
Peak A.M. () 8 – 9 a.m. Peak P.M. ()
5:15 – 6:15 p.m.
SB 353161
Peak A.M. () Peak P.M. ()
7:45 – 8:45 a.m.3:45 – 4:45 p.m.
Traffic Impact
Use # Lots Vtpd* AM-AM-PM-PM-
IN OUT IN OUT
Number of Single-Family 8 76 2 4 5 3
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 recommends a 6-foot sidewalk on the
east side of N. Peytonville Avenue adjacent to the site.
WATER & SEWER: A 12-inch water line exists along the east side of N. Peytonville Avenue and a
6-inch water line exists along the west side of the abandoned Brittain Drive in
Brittany Place. An 8-inch sanitary sewer line exists along the west side of N.
Peytonville Avenue.
TREE PRESERVATION: Approximately 12 trees within the proposed ROW, 5 trees within the
detention area and 48 trees within building pads are shown to be removed.
Approximately 327 trees are shown to be saved. In addition to the existing
trees being preserved, the developer proposes 15 new trees to be installed
along the south side of the proposed street.
DRAINAGE ANALYSIS: This development drains to the southwest portion of the property into a
proposed detention pond which will connect to the storm sewer system in N.
Peytonville Avenue.
SOUTHLAKE 2025: Land Use Plan Recommendations
Underlying Low Density Residential with a Rural Conservation optional
designation.
P&Z ACTION: September 7, 2006; Approved (4-3) subject to Development Plan Review
Summary No. 2, dated September 1, 2006; with the addition of landscaping
buffer; lessen building line on lot 6; increase berm size north of cul de sac;
increase the rear set back on lot 6 to 50 feet; and, provide a landscape plan to
City Council.
STAFF COMMENTS: Attached is Development Plan Review Summary No. 3, dated September 27,
2006. The plans included have been updated to address the recommendations
of the Planning and Zoning Commission.
N:\Community Development\MEMO\2006cases\06-119ZDP.doc
Case No. Attachment A
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Case No. Attachment B
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PROPOSED RPUD USES & REGULATIONS
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PROPOSED CONCEPT PLAN
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LANDSCAPE PLAN
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TREE SURVEY
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EXISTING DRAINAGE
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PROPOSED POST-DEVELOPMENT DRAINAGE
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DEVELOPMENT PLAN REVIEW SUMMARY
ZA06-119 Three09/27/06
Case No.: Review No.: Date of Review:
Development Plan– La Mirada Subdivision
Project Name:
APPLICANT: St. Emilion Partners, LP ENGINEER: Adams Engineering, Inc.
Phil Chaffins Jay Reissig
1504 Brentwood Trial 500 S. Nolen Drive, Suite 550
Southlake, TX 76092 Southlake, TX 76092
Phone: (817) 849-1599 Phone: (817) 329-6990
Fax: (817) 849-1703 Fax: (817) 329-7671
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/22/06 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOLUGH AT (817) 748-8072.
1)Show and label the survey line of the T. Beedy and C. Dart Surveys along Peytonville Avenue. Label
the survey names and abstract numbers.
2)The following changes are needed with regard to easements:
a)Easements must be provided for water, sewer and/or drainage in compliance with approved
construction plans.
b)Although utility easements are required along perimeter boundaries of the subdivision, staff
recommends locating the easements along the street frontage and limiting the number to what
is necessary to provide utility service to the subdivision.
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.
* Although there are a few lot lines which are not perpendicular or radial, they appear to meet the intent
of this requirement.
* A Developer’s Agreement is required prior to construction of any public infrastructure. The
Developer’s Agreement for this addition should consider streets, drainage, park dedication
Case No. Attachment D
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requirements and fees, off-site sewer extensions, off-site drainage and utility easements and
impact fees.
Case No. Attachment D
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Surrounding Property Owners
La Mirada
Owner Zoning Land Use Acreage
1.Brugger, Robert & Jane SF-1A Low Density Residential 1.006
2.Lackey, David & Brenda SF-1A Low Density Residential 1.005
3.Klingler, Timothy & Elizabeth SF-1A Low Density Residential 1.009
4.Catino, Robert & Michele SF-1A Low Density Residential 1.027
5.Mattheis, Jeffrey & Brenda SF-1A Low Density Residential 1.024
6.Horn, Jeffrey & Teri SF-1A Low Density Residential 1.011
7.Kemp, Willis & Donna SF-1A Low Density Residential 1.0
8.O’Connor, Timothy & Marcia SF-1A Low Density Residential 1.0
9.Costello, Michael SF-1A Low Density Residential 10.57
10.Wirtala, David AG Low Density Residential 2.34
11.Mitchell, Carlence SF-1A Low Density Residential 1.0
12.Silver, Samuel & Lori SF-1A Low Density Residential 1.0
13.Mehta, Rajeev & Ruchita SF-1A Low Density Residential 1.0
14.Itani, Abdul-Rahm & Dania SF-1A Low Density Residential 1.0
15.Robert, W Pierre III & R M SF-1A Low Density Residential 1.0
16.Coelyn, Ronald & Lynn SF-1A Low Density Residential 1.0
17.Gambero, Darrell & Marilyn SF-1A Low Density Residential 1.0
18.Seaton, David T SF-1A Low Density Residential 1.0
19.Reed, Brian & Heidi SF-1A Low Density Residential 1.0
20.Burkett, John & Laura SF-1A Low Density Residential 1.0
Case No. Attachment E
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21.Cogen, Jeffrey SF-1A Low Density Residential 1.0
22.Hutton, Claude & Carol SF-1A Low Density Residential 9.62
23.Andrews, Michael SF-1A Low Density Residential 8.25
24.Bray, Jesse & Melinda SF-1A Low Density Residential 3.972
25.Sullivan, Paul T SF-1A Low Density Residential 1.938
26.St. Emilion Partners LP RE Low Density Residential 11.62
27.Burckle, Robert & Joan SF-1A Low Density Residential 2.82
28.Horn, Brian & Melanie SF-1A Low Density Residential 1.0
29.Bulls, James & Kimberly SF-1A Low Density Residential 1.0
30.Wirtala, David & Pamela AG Low Density Residential 1.0
Case No. Attachment E
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Surrounding Property Owner Responses
La Mirada
Notices Sent: Twenty-nine (29)
Responses Received as of 11:00 AM September 27, 2006: Eighteen (18)
Property Owners WITHIN 200-feet
Name Address Position SPO # Received
*Coelyn, Ronald H. 1412 Laurel Ln Opposed 16 8/25/2006
*O’Connor, Lynn 1035 Brittany Ct Opposed 8 8/29/2006
*Mehta, Rajeev 1418 Laurel Ln Opposed 13 8/30/2006
*Lackey, Brenda & David 1040 Brittany Ct Opposed 2 8/30/2006
*Horn, Melanie 1301 Wakefield Ct Opposed 28 8/31/2006
*Costello, Michael John 1462 N. Peytonville Ave Opposed 9 8/31/2006
*Horn, Jeffrey 1145 Brittany Ct Opposed 6 9/01/2006
*Itani, Abdul 1416 Laurel Ln Opposed 14 9/01/2006
*Burckle, Robert A. 1402 Laurel Ln Opposed 27 9/05/2006
*Mattheis, Brenda 955 Brittany Ct Opposed 5 9/05/2006
*Catino, Robert J. 935 Brittany Ct Opposed 4 9/05/2006
*Silver, Lori & Sam 1420 Laurel Ln Opposed 12 9/05/2006
*Brugger, Robert D. 1060 Brittany Ct Opposed 1 9/07/2006
*Cogen, Jill 1400 Laurel Ln Opposed 21 9/07/2006
*Bray, Melinda C. 1950 N. Peytonville Ave Opposed 24 9/07/2006
*Robert, W. Pierre 1414 Laurel Ln Opposed 15 9/07/2006
*Bulls, Kimberly 1994 N. Peytonville Ave Opposed 29 9/07/2006
Property Owners OUTSIDE 200-feet
*Wheeler, Carrie 1140 Brittany Ct Opposed 9/07/2006
* Denotes signature of the City’s official opposition petition.
Case No. Attachment F
ZA06-119Page 1
Official Opposition Calculation
ZA06-119 – La Mirada
September 27, 2006
11:00 AM
58.5%
= Subject Property
= 200-foot buffer area
= Properties in Opposition
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-503
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 LOT 1R, ROUGEMONT ADDITION, BEING
APPROXIMATELY 11.61 ACRES, AND MORE FULLY AND COMPLETELY
DESCRIBED IN EXHIBIT “A” FROM “RE” SINGLE FAMILY RESIDENTIAL
ESTATE DISTRICT TO “R-PUD” RESIDENTIAL PLANNED UNIT
DEVELOPMENT DISTRICT WITH “SF-1A” SINGLE FAMILY RESIDENTIAL
DISTRICT USES, AS DEPICTED ON THE APPROVED DEVELOPMENT PLAN,
INCLUDING “PUD” DEVELOPMENT STANDARDS, 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 “RE” Single Family Residential
Estate District under the City’s Comprehensive Zoning Ordinance; and
Case No. Attachment G
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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
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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 Lot 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County,
Texas, being approximately 11.61 acres, and more fully and completely described in exhibit “A”
from “RE” Single Family Residential Estates District to “R-PUD” Residential Planned Unit
Development District with “SF-1A” Single Family Residential District uses as depicted on the
approved Development Plan, including “R-PUD” development standards, attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific conditions:
1.
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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.
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
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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 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.
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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 ________, 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:
Case No. Attachment G
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Being Lot 1R, Rougemont Addition, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet A, Slide 4652, Plat Records, Tarrant County, Texas, being approximately 11.61
acres.
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EXHIBIT “B”
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PROPOSED “R-PUD” USES & REGULATIONS
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