Item 4Q13 CITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
January 30, 2013
CASE NO: ZA12-118
PROJECT: Zoning Change and Concept Plan for 1150 N. White Chapel Blvd.
EXECUTIVE
SUMMARY: Natasha Smith is requesting approval of a zoning change and concept plan from
"AG" Agricultural District to "SF-1A" Single Family Residential District to allow
construction of a new principal residence on property located at 1150 N. White
Chapel Blvd, being described as Tracts 8B and 8B02A, Thomas M. Hood Survey,
Abstract No. 706, City of Southlake, Tarrant County, Texas and being
approximately 1.45 acres.
REQUEST
DETAILS:
ACTION NEEDED:
ATTACHMENTS:
STAFF CONTACT
The applicant would like to construct a new home on property located at 1150 N.
White Chapel Boulevard. In order to obtain a building permit, the existing tract
must be rezoned and platted. The applicant is requesting a zoning change to "SF-
1A" Single Family Residential District because the Future Land Use designation
for the property is Low Density Residential and the lot would be compatible with
the required lot sizes in the SF-1A zoning district.
1) Consider 1st reading approval of Zoning Change and Concept Plan
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information - Link to PowerPoint Presentation
(D) Concept Plan Review Summary No. 2, dated January 11, 2013
(E) Surrounding Property Owners Map
(F) Surrounding Property Owner Responses
(G) Ordinance No. 480-634
Matt Jones (817) 748-8269
Dennis Killough (817) 748-8072
Case No.
ZA12-118
BACKGROUND INFORMATION
OWNER/APPLICANT: Natasha Smith
PROPERTY SITUATION: 1150 N. White Chapel Blvd.
LEGAL DESCRIPTION: Tracts 8B and 8B02A, Thomas M. Hood Survey; Abstract No. 706
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF-1A" Single Family Residential District
HISTORY: -The property was annexed in 1957.
-The current residence was built in 1955 (source: TAD).
SOUTHLAKE 2030
PLAN: Future Land Use Plan
The underlying land use designation for this property is "Low Density
Residential" with an option designation of "Rural Conservation." The
proposed development is consistent with the recommended scope of uses
under the "Low Density Residential" land use designation.
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends N. White Chapel Blvd. as an
88' four -lane divided arterial. Additional ROW may be required to be
dedicated when the subject property is platted.
Pathways Master Plan
The Pathways Master Plan and Sidewalk Plan show an on -street
bikeway and a programmed 8' multi -use path along N. White Chapel
Blvd. These facilities will be installed with the City's improvements
planned for N. White Chapel Blvd. anticipated to begin in early 2014.
WATER & SEWER: The property is served by a 6" sanitary sewer line and a 12" water line
running along the west side of N. White Chapel Blvd.
P&Z RECOMMENDATION: On January 17, 2013 approved (6-0) subject to Concept Plan Review
Summary No. 2 and Staff Report dated January 11, 2013.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated January 11,
2013.
Case No. Attachment A
ZA12-118 Page 1
Vicinity Map
1150 N. White Chapel Blvd.
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Case No.
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ZA12-118
Zoning Change and Concept Plan
1150 N. White Chapel Blvd.
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Case No. Attachment C
ZA12-118 Page 1
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CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA12-118 Review No.: Two Date of Review: 01/11/13
Project Name: Zoning Concept Plan — 1150 N. White Chapel Blvd.
APPLICANT:
Natasha Smith
1150 N. White Chapel Blvd.
Southlake, TX 76092
Phone: 915-261-6545
Fax:
Owner:
Same
Phone:
Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
12/31/12 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 MATT JONES AT (817) 748-8269.
All portions of the principal structure must not encroachment the required minimum yard areas
along the lot boundaries. Its appears that the northwest portion of the home encroaches the
20' side yard area along the "L' corner in the northwest corner of the lot. Correct the
placement of the home to eliminate the encroachment.
Informational Comments:
Staff strongly recommends contacting Alison Ortowski in the City Manager's Office to
determine if a SPIN meeting would be beneficial to your application. Alison can be contacted
by phone at (817) 748-8261 or by e-mail at aortowski@ci.southlake.tx.us. For more
information about SPIN and the SPIN process please go to South lakeSPIN.org.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
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 concept plan and building
plans must be submitted for approval and all required fees must be paid.
The Master Thoroughfare Plan recommends N. White Chapel Blvd. as an 88' four -lane
divided arterial. Additional ROW may be required to be dedicated when the subject property is
platted.
The Pathways Master Plan and Sidewalk Plan show an on -street bikeway and a programmed
8' multi -use path along N. White Chapel Blvd. These facilities will be installed with the City's
improvements planned for N. White Chapel Blvd. anticipated to begin in early 2014.
Denotes Informational Comment
Case No. Attachment D
ZA12-118 Page 1
Tree Conservation/Landscape Review
Case No. ZA12-118 Review No. Two Dated: January 11, 2013 Number of Pages: 2
Project Name: Smith House (Zoning Change and Concept Plan)
Contact: Keith Martin Phone: (817) 748-8229 Fax: (817) 481-5713
The following comments are based on the review of plans received on 777777? 2012 . 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:
* It appears this lot has approximately 80% tree cover which will require a minimum of 30% of the
existing tree cover to be preserved with development of the property. It appears that the
conservation plan is compliant with this requirement. Except as provided by subsection 7.2.b.of
the Tree Preservation Ordinance 585-1), a Tree Conservation Analysis or Tree Conservation Plan
shall be approved if it will preserve existing tree cover in accordance with the percentage
requirements established by Table 2.0. If the property has previously received a tree permit related
to development, the percentage of existing tree cover at the time the first such permit was issued
shall be used to calculate the minimum existing tree cover that must be preserved under this
section.
Table 2.0 — Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the entire
site
Minimum percentage of the existing tree
cover to be reserved*
0% — 20%
70%
20.1 — 40%
60%
40.1 % - 60%
50%
60.1 % - 80%
40%
80.1%- 100%
30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights -of -way as
approved by City Council.
Information required for Tree Conservation Analysis:
i. Identification of Critical Environmental Features of the site:
A. All grades over 5%
B. Existing streams, drainage creeks, ponds, and other water bodies
(if any)
ii. Alternative to a Tree Survey
iii. Critical Root Zones of groups of trees
iv. Boundaries of any tree preservation areas as identified in the ERP Map
V. Identification of areas of environmental constraints not suitable for development
vi. Identification of areas of minimal environmental constraints that are suitable for
development
vii. Areas of encroachment into Critical Environmental Features areas identified on the
site
Case No. Attachment D
ZA12-118 Page 2
viii. Stream/Creek buffers, if any
ix. The names, addresses and telephone numbers of those persons or entities who own
the property and those persons or entities filing the application
X. Such additional information as the Administrative Official may reasonably require
given the particular characteristics of the property
* Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning
as approved by the Southlake City Council. Please ensure that the layout of all structures,
easements, utilities, structures grading, and any other structure proposed to be constructed do not
conflict with existing trees intended to be preserved.
Case No. Attachment D
ZA12-118 Page 3
Public Works/Engineering Review
Case No. ZA12-118
Project Name: 1150 N. White Chapel Blvd.
Contact: Steven D Anderson, Civil Engineer Phone: (817) 748-8101 Fax: (817) 748-8077
GENERAL COMMENTS:
Dedication of right of way may be required at the time of platting per the Master
Thoroughfare Plan
This review is preliminary. Additional requirements may be necessarywith the review of
construction plans.
Case No. Attachment D
ZA12-118 Page 4
Case No. ZA12-118 Review No. 1
Project Name: Smith House
Contact: Kelly Clements, Assistant Fire Marshal
Dated: 12-19-2012 Number of Pages: 1
Phone:817-748-8233 Fax:817-748-8181
The following comments are based on the review of plans received on 12-13-2012. Comments may be incorporated into
the formal review to be considered by either the Planning and Zoning Commission or City Council. It is the applicant's
responsibility to contact the department representative shown above and make modifications as required by the comment.
GENERAL COMMENTS:
Automatic fire sprinkler system will be required for residences over 6,000 square feet. (per
2009 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway
Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599.
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided within 250 feet of all exterior portions of the
perimeter of the residence, measured as the hose would be laid. Fire apparatus access needs to
be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support
the imposed loads of fire apparatus. (Minimum of 80,000 pounds GVW)
Since fire apparatus access is required further than 150 feet from the public street, and
approved turn -around must be provided for fire apparatus.
FIRE HYDRANT COMMENTS:
The residence must be located within 1000 feet of a fire hydrant, measured as the hose would
be laid, or an additional hydrant will be required.
Case No. Attachment D
ZA12-118 Page 5
Surrounding Property Owners
1150 N. White Chapel Blvd.
ij
SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Riordan Capital Properties Lp
SF1-A
Low Density Residential
1.30
NR
2.
Riordan Capital Properties Lp
SF1-A
Low Density Residential
0.99
NR
3.
Riordan Capital Properties Lp
SF1-A
Low Density Residential
0.99
NR
4.
Southlake Ch Assembly Of God
CS
Public/Semi-Public
6.90
NR
5.
Smith, Michael A & Natasha C
AG
Low Density Residential
0.20
NR
6.
Smith, Michael A & Natasha C
AG
Low Density Residential
1.36
NR
7.
Paty, Barbara Ann
C1
Low Density Residential
0.99
NR
8.
Paty, Barbara Ann
AG
Low Density Residential
2.05
NR
9.
Mangini, Cynthia A
AG
Low Density Residential
0.76
NR
10.
Mangini, Cynthia A
AG
Low Density Residential
0.56
NR
11.
Wood, James C Jr
AG
Low Density Residential
0.96
NR
12.
Wood, James C
AG
Low Density Residential
1.52
NR
13.
Bush, Kyle
AG
Low Density Residential
0.28
NR
Responses: F: In Favor O: Opposed To U: Undecided
Notices Sent: Eight (8)
Responses Received: None (0)
Case No.
ZA12-118
NR: No Response
Attachment E
Page 1
Surrounding Property Owner Responses
None
Case No. Attachment F
ZA12-118 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-634
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 DESCRIBED AS TRACTS 8B & 81302A,
T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.45 ACRES
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A"
FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED
SITE 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. Attachment G
ZA12-118 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 and 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
Case No. Attachment G
ZA12-118 Page 2
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 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 DESCRIBED AS TRACTS 8B & 8B02A, T.M. HOOD SURVEY, ABSTRACT
NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING
APPROXIMATELY 1.45 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN
Case No. Attachment G
ZA12-118 Page 3
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF-1A" SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT, AS DEPICTED ON THE APPROVED SITE PLAN
ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", AND
SUBJECT TO THE FOLLOWING CONDITIONS:
• Reserve for conditions of City Council
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
Case No. Attachment G
ZA12-118 Page 4
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 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.
Case No. Attachment G
ZA12-118 Page 5
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 law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 51" day of February, 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the 191" day of February, 2013.
MAYOR
ATTEST:
Case No. Attachment G
ZA12-118 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
CITY SECRETARY
EXHIBIT "A"
Being on property described as:
TRACTS 8B & 811302A, T.M. HOOD SURVEY, ABSTRACT NO. 706, CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS
Case No.
ZA12-118
Attachment G
Page 7
EXHIBIT `LB"
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Barbara Ann Paty
(Formerly Barbara Ann Hartz)
C urrent zoning: Agricultural
CAL =low density reside ncial
Case No. Attachment G
ZA12-118 Page 8