Item 7DCity of Southlake
Department of Planning
STAFF REPORT
October 11, 2006
CASE NO
ZA06 -142
P ROJECT: Zoning Change and Concept Plan for 211 Pine Drive
REQUEST: William Stromberg is requesting approval of a zoning change and concept plan from
"AG" Agricultural District to "SF -IA" Single Family Residential District on property
located at 211 Pine Drive and being approximately 2.97 acres. The concept plan shows
the intent to combine approximately 0.77 acres with the platted property to the east
currently zoned "SF-IN' Single Family Residential District. This concept plan also
shows the intended configuration of the remaining 2.2 acre portion of this tract. A plat
revision establishing the boundaries of the resulting two residential lots is being
processed concurrently and will be presented with the zoning at the 2nd reading.
No changes have been made since the first reading at City Council.
ACTION NEEDED: 1. Conduct public hearing
2. Consider second reading of zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 1, dated September 15, 2006
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480 -504
(H) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748 -8067)
Ben Bryner (748 -8602)
Case No.
ZA 06 -142
BACKGROUND INFORMATION
OWNERS: William Stromberg & Bryan Elliott
APPLICANT: William Stromberg
PROPERTY SITUATION: 211 Pine Drive
LEGAL DESCRIPTION: Tracts 2A1 & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: There is no development history on the property.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
Existin,a Area Road Network and Conditions
The proposed lots have direct access onto Pine Drive.
Pine Drive is currently 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 not add any vehicle trips per day to
this section of Pine Drive as two homes currently exist. This development is
not expected to warrant expansion of the existing roadway network. There are
no traffic counts for Pine Drive.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan recommends a 6 foot sidewalk along the
east side of Pine Drive adjacent to the site. A sidewalk is shown on the plan.
WATER & SEWER: A 6 -inch water line exists along the east side of Pine Drive. An 8 -inch sanitary
sewer also exists along the east side of Pine Drive.
TREE PRESERVATION: The applicant plans to construct a new home on the property. The submitted
Tree Conservation Plan shows seven (7) existing trees proposed to be removed
Case No. Attachment A
ZA 06 -142 Page 1
for the construction of the house, pool and property entrance drive. All of the
trees proposed to be removed are located within proposed impervious areas,
including one (1) 20" Elm tree within the right -of -way of Pine Drive which is
proposed to be removed for the drive entrance.
DRAINAGE ANALYSIS: Drainage from this site is toward the southeast to an existing private pond
which is located in a drainage easement.
SOUTHLAKE 2025: Land Use Plan Recommendations
Land use designation — Low Density Residential.
Mobility Comments
The Pathways Plan shows a 6 foot sidewalk along Pine Drive.
P &Z ACTION: September 21, 2006; Approved (5 -1) subject to Concept Plan Review Summary
No. 1, dated September 15, 2006, as presented.
COUNCIL ACTION: October 3, 2006; Approved first reading (6 -0) on consent.
STAFF COMMENTS: Attached is Concept Plan Review No. 1, dated September 15, 2006.
N: \Connnunity Development \MEMO \2006cases \06- 142ZCP.doc
Case No. Attachment A
ZA 06 -142 Page 2
Vicinity Map
211 Pine Drive
Case No.
ZA 06 -142
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PLAT REVIEW SUMMARY
Case No.: ZA06 -142 Review No.: One Date of Review: 09/15/06
Project Name: Concept Plan — 211 Pine Drive
APPLICANT: Wood Bend Homes
Bobby Tuley
729 Grapevine, Suite 201
Hurst, TX 76054
Phone: (817) 680 -5425
Fax: (817) 581 -7442
SURVEYOR: Loyd Bransom Surveyors, Inc.
Bill Hooks
1028 N. Sylvania Ave
Fort Worth, TX 76111
Phone: (817) 834 -3477
Fax: (817) 831 -9818
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/09/06 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 BEN BRYNER AT (817) 748 -8602.
1) Relocate the 6' sidewalk along the east side Pine Drive within the R.O.W. limits. Any portion of the
plat that encroaches into the proposed lot frill require a pedestrian accessv easement.
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.
The subject property must comply with the City of Southlake Drainage Ordinance No. 605, as
amended.
* 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
requirements and fees, off -site sewer extensions, off -site drainage and utility easements and impact fees.
Case No. Attachment D
ZA 06 -142 Page 1
Case No. 06 -142 Review No. Two Dated: September 26, 2006 Number of Pages: 1
Project Name: 211 Pine Dr. (Zoning Change / Concept Plan)
Comments due to the Planning Department: September 28, 2006
Contact: Keith Martin Phone: (817) 748 -8229 Fax: (817) 481 -5713
The following comments are based on the review of plans received on September 9, 2006 . Comments
designated with a number may be incorporated into the formal review to be considered by either the
Planning and Zoning Commission or City Council. Other items will not be addressed by either the P &Z
or City Council. It is the applicant's responsibility to contact the department representative shown above
and make modifications as required by the comment.
TREE CONSERVATION COMMENTS:
The applicant plans to construct a new home on the property. The submitted Tree Conservation Plan
shows seven (7) existing trees proposed to be removed for the construction of the house, pool and
property entrance drive. All of the trees proposed to be removed are located within proposed
impervious areas, including one (1) 20" Elm tree within the right -of -way of Pine Drive which is
proposed to be removed for the drive entrance.
Case No.
ZA 06 -142
Attachment D
Page 2
Surrounding Property Owners
211 Pine Drive
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Owner I Zoning I Land Use I Acreage
1. Gordon, Cynthia T
SF-IA
Low Density Residential
1.958
2. Tracy, Todd & Amanda
SF-IA
Low Density Residential
3.003
3. White, Michael & Carolyn
SF-IA
Low Density Residential
1.26
4. Niemirowski, George & Gaylo
SF-IA
Low Density Residential
1.0
5. Shaeffer, Patrick & Katherine
SF-IA
Low Density Residential
1.2
6. Reid, Rayford & Debra
SF-IA
Low Density Residential
2.428
7. Elliott, Bryan
SF-IA
Low Density Residential
2.962
8. Rubery, Michael & Kathleen
R -PUD
Medium Density Residential
0.688
9. White's Chapel United Meth
10. Stromberg, Willia ,.
11. West, Perry & Elizabeth
CS
AG
AG
Public / Semi -Public
Low Density Residential
Low Density Residential
5.375
2.94
0.21
12. White's Chapel United Meth
CS
Public / Semi -Public
3.66
13. White's Chapel United Meth
CS
Public / Semi -Public
8.71
14. White's Chapel United Meth
CS
Public / Semi -Public
0.59
Case No. Attachment E
ZA 06 -142 Page 1
Surrounding Property Owner Responses
211 Pine Drive
Notices Sent: Eleven (11)
Responses Received: None (0)
Case No.
ZA 06 -142
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -504
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 TRACTS
2A1 & 2A1C, SITUATED IN THE O.W. KNIGHT SURVEY,
ABSTRACT NO. 899, BEING APPROXIMATELY 2.97 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA" SINGLE
FAMILY RESIDENTIAL 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,
Case No.
ZA06 -142
Attachment G
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
ZA06 -142 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 Tracts 2A1 & 2A1C, situated in the O.W. Knight Survey, Abstract No. 899, being
approximately 2.97 acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "SF-IN' Single Family Residential District as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit `B ".
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.
ZA06 -142
Attachment G
Page 3
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.
Case No. Attachment G
ZA06 -142 Page 4
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.
This ordinance shall be in full force and effect from and after its passage and publication as required by
Case No.
ZA06 -142
Attachment G
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 3r day of October, 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.
ZA06 -142
Attachment G
Page 6
EXHIBIT "A"
Being Tracts 2A & 2AIC, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 2.97
acres.
BEING A TRACT OF LAND OUT OF THE O.W. KNIGHT SURVEY. ABSTRACT NO. 899. TARRANT COUNTY, TEXAS. AS
DESCRIBED IN DEED RECORDED W COUNTY CLERKS NO. D205i86274. DEED RECORDS, TARRANT COUNTY. TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1/2" IRON FOUND IN THE EAST R.0-W, LINE OF PINE DRIVE, FOR THE NORTHWEST CORNER OF
TRACT BEING DESCRIBED. SAID POINT BEING LOCATED 15.06 FEET NORTH 89 DEGREES 34 MINUTES 15 SECONDS
WEST OF LOT 20. O.W. KNIGHT NO. 899 ADDIMON, AN ADDITION TO THE CRY OF SOUTHLAXE, ACCORDING TO
THE PLAT RECORDED IN CABINET A. SURE 7310, PLAT RECORDS, TARRANT COUNTY. TEXAS:
THENCE SOUTH 89 DEGREES 34 MINUTES 15 SECONDS EAST 490.93 FEET ALONG SAID LOT 20, O..W.. KNIGHT
NO. 894 ADDITION FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 00 DEGREES 10 MINUTES 03 SECONDS WEST 280.13 FEET ALONG THE WEST LINE OF SAID
LOT 20. O.W. KNIGHT NO. 899 ADDITION 70 A 112" IRON PIN FOUND FOR THE SOUTH EAST CORNER OF TRACT
BEING DESCRIBED. SAID POINT ALSO BEING IN THE NORTH LINE OF BLOCK A. GRAHAM -- WHITE ADDITION. AN
ADDITION TO THE CITY OF SOUTHLAKE. TARRANT COUNTY. TEXAS ACCORDING TO DEED RECORDED IN VOLUME
388 --201. PAGE 92, DEED RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 30 MINUTES 41 SECONDS WEST 354.78 FEET ALONG THE NORTH LINE OF SAID
BLOCK A, GRAHAM W WHITE ADDITION TO A 5 IRON PIN FOUND FOR THE MOST SOUTHERLY SOUTHWEST
CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND AS
DESCRIBED IN DEED RECORDED IN VOLUME 11368, PAGE 345. DEED RECORDS. TARRANT COUNTY, TEXAS.
THENCE NORTH 00 DEGREES OO LONUTES 09 SECONDS EAST 59.95 FEET ALONG THE EAST LINE OF SAID
TRACT CIF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 11368, PAGE 345 TO A 5/8" IRON PIN FOUND
FOR AN ASIDE CORNER OF TRACT BEING DESCRIBED AND FOR THE NORTHEAST CORNER Of SAID TRACT OF
LAND AS DESCF68ED IN DEED RECORDED IN VOLUME 11369, PAGE 345;
THENCE NORTH 89 DEGREES 32 MINUTES 15 SECONDS WEST 133.25 FEET ALONG THE NORTH LINE OF SAID
TRACT OF LAND AS DESCRIBED W DEED RECORDED W VOLUME 11368. PAGE 345 70 A 5/8" IRON PIN FOUND
IN THE EAST LINE OF PINE DRIVE FOR THE NORTHWEST CORNER Of SAID TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN VOLUME 11368, PAGE 345 AND FOR THE MOST WESTERLY SOUTHWEST CORNER OF TRACT BEING
DESCRIBED:
THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST 219.74 FEET ALONG THE EAST LINE OF SAID
PINE DRIVE TO THE POINT Of BEGINNING AND CONTAINING 2,965 ACRES OF LAND MORE OR LESS
Case No.
ZA06 -142
Attachment G
Page 7
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12" PEAR TREE DESCRIPTION
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A R C H I T E C T S
617 W DAOOR•1T AW.. PORT WORTH. TR 76104
TEL 16p) ash -Ion W ]617). 396-
O 41