Item 6GCITY OF
SOUTHLAKE
Department of Planning & Development Services
STAFF REPORT
August 28, 2013
CASE NO: ZA13-043
PROJECT: Zoning Change and Concept Plan for 1833 Our Lane
EXECUTIVE
SUMMARY: On behalf of Scott and Becky Johnson, M. Christopher Homes is requesting
approval of a Zoning Change and Concept Plan on property described as Tracts
2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068, City of Southlake,
Tarrant County, Texas and located at 1833, 1847 and 1851 Our Ln., Southlake,
TX. The current zoning is "AG" Agriculture District. The requested zoning is "SF-
1A" Single Family Residential District. Spin Neighborhood # 5.
REQUEST: The applicant 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 home on the property. Two concept plan options, Option A and Option B,
have been submitted (see pages 2 and 3 of Attachment C). The applicant is
requesting approval of both options to allow the location of the garage, either on the
right side or on the left side of the house, to be determined at a later date. An
application for a one -lot plat showing, which can be administratively approved, has
also been submitted.
The applicant is designing the driveway entrance from Our Ln. as a turnaround for fire
and other emergency equipment (see exhibit on page 4 of Attachment C). The Fire
Department has included a comment that an additional turnaround interior to the
property will also be required if fire apparatus access is required farther than 150 feet
from Our Ln. The additional turnaround, if required, will be approved as part of the
building permit approval.
City sewer is not available to the property, so the property is intended to be served by
a private septic system that will require approval by the Tarrant County Health
Department. The applicant will install an 8" water line from Randol Mill Ave.to the
southwest corner of the property. A proposed fire hydrant is also shown on both the
Option A and Option B Concept plans.
Per Council's direction at 1 st reading, the applicant has scheduled a meeting with City
staff to be held prior to 2nd reading on August 20, 2013 to discuss reimbursement
agreements regarding access to the waterline for future permit applicants and a
possible cost -sharing agreement regarding road improvements.
Due to opposition from surrounding property owners within 200 ft being in excess of
20%, a Super Majority Vote (6 of 7 members) by the City Council will be needed in
Case No.
ZA13-043
VARIANCE
REQUESTED:
ACTION NEEDED:
ATTACHMENTS
STAFF CONTACT:
Case No.
ZA13-043
order to approve a second reading of this request.
A variance to Subdivision Ord. No. 483, Section 8.01(A), which requires that all lots
front on a public or private street, is requested. Our Lane is currently a private street
that doesn't meet the Subdivision Ordinance requirements in Section 5.04 and 5.05
regarding private streets. The applicant is requesting a variance to allow the lot to front
on Our Lane as it currently exists and has submitted a letter agreeing to the conditions
that have been placed on other lots that have been approved on Our Lane, which are
as follows:
a. An 8" water line meeting City standards from Randol Mill to the southwest
corner of the property will be installed by the property owner or builder prior to
issuance of a building permit. The City will also require that a utility easement
or water line easement be granted to the City prior to acceptance of the water
line.
b. The applicant acknowledges that the City will not maintain Our Lane and that it
is the responsibility of the property owners to maintain Our Lane to a level that
will allow fire trucks to respond to emergencies.
1) Conduct a public hearing
2) Consider 2nd Reading approval of a Zoning Change and Concept Plan
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint
(D) Revised Concept Plan Review Summary No. 2 dated August 6, 2013
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-641
(G) Half Size Plans (for Commission and Council Members Only)
Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
BACKGROUND INFORMATION
OWNER: Scott and Becky Johnson
APPLICANT: M. Christopher Homes
PROPERTY SITUATION: 1833 Our Lane
LEGAL DESCRIPTION: Tracts 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No. 1068
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural Zoning District
REQUESTED ZONING: "SF-1 A" Single -Family Residential District
HISTORY: - The property was annexed into the City in 1987 and given the "AG"
Agricultural zoning designation.
- A zoning change and concept plan (ZA13-083) for the property at 1730
Randol Mill Ave. from "AG" Agricultural District to "SF-20A" Single -Family
Residential District was approved February 17, 2004.
- A zoning change and concept plan (ZA06-049) for the properties to the west
of the subject property located at 1801 and 1829 Our Ln. from "AG"
Agricultural District to "SF-1A" Single -Family Residential District was approved
August 1, 2006.
- A plat showing (ZA08-008) for Lots 5 & 6, W. Martin No. 1068 Addition for
the properties to the west was approved March 19, 2008 and filed April 30,
2008.
- A zoning change and concept plan (ZA10-053) for the property at 1742 Our
Ln. from "AG" Agricultural District to "SF-1A" Single -Family Residential District
was approved November 2, 2010.
- A plat showing for Lot 7, W. Martin No. 1068 Addition for the property at 1742
Our Ln. was approved March 2, 2011 and filed April 7, 2011.
SOUTHLAKE 2030
PLAN: The underlying land use designation is Low Density Residential. The request
to change the zoning to "SF-1 A" Single Family Residential District is consistent
with this land use designation.
PATHWAYS
MASTER PLAN: The subject property is exempt from the sidewalk requirement because
sidewalks do not exist on both sides of the lot and the lot is not located within
1500' of a public or private school on the same side of the street.
WATER & SEWER: This site is currently serviced by a 2" water line along Our Lane. City sewer is
not available, so the sites will be served by a private septic system.
DRAINAGE COMMENTS: Drainage is from east to west on the eastern portion of the lot and from south
to north on the western portion of the lot where the new home is proposed. A
grading plan will be required prior to issuance of a building permit.
TREE PRESERVATION: Eight (8) existing trees are proposed to be removed on the Option "A" plan and
Case No. Attachment A
ZA13-043 Page 1
five (5) existing trees are proposed to be removed on the Option "B" plan.
CITIZEN INPUT: The SPIN representative did not recommend a meeting for this case.
P &Z ACTION: June 6, 2013; Tabled to the July 18, 2013 meeting.
July 18, 2013; Approved (6-0) subject to Concept Plan Review Summary No. 2
dated May 31, 2013 and the staff report dated July 12, 2013 and approving the
variance request as follows; a) An 8" water line meeting City standards from
Randol Mill to the southwest corner of the property will be installed by the
property owner or builder prior to issuance of a building permit. b) The
applicant acknowledges that the City will not maintain Our Lane and that it is
the responsibility of the property owners to maintain Our Lane to a level that
will allow fire trucks to respond to emergencies.
CITY COUNCIL ACTION: August 6, 2013; Approved at 1 st reading (7-0) including the recommendation of
the Planning and Zoning Commission that the applicant will provide an eight
inch fresh water line to the southwest corner of the property; applicant
understands that the City will not be responsible for road maintenance along
Our Lane; and asking the applicant work with city staff to discuss
reimbursement agreements regarding access to the waterline for future permit
applicants, providing water access to the eight inch line for the existing
homeowners along Our Lane, discuss a possible cost -sharing agreement
regarding road improvements to Our Lane and granting the variance to
property not having access to a public roadway.
August 20, 2013; Approved to table the 2nd reading (7-0) on Consent to the
September 3, 2013 City Council meeting.
STAFF COMMENTS: Due to opposition from surrounding property owners within 200 ft being in
excess of 20%, a Super Majority Vote (6 of 7 members) by the City Council will
be needed in order to approve a second reading of this request. Per Council's
direction at 1 st reading, the applicant has scheduled a meeting with City staff to
be held prior to 2nd reading on August 20, 2013 to discuss reimbursement
agreements regarding access to the waterline for future permit applicants and
a possible cost -sharing agreement regarding road improvements. Revised
Concept Plan Review Summary No. 2 dated August 6, 2013 is attached. A plat
showing must be processed and recorded prior to issuance of any building
permits.
Case No.
ZA13-043
Attachment A
Page 1
Vicinity Map
1833 Our Lane
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Case No. Attachment B
ZA13-043 Page 1
Variance Request Letter
To: the City Council Members
Re: 1.663 Acre Tract, William H. Martin Survey, Abstract No. 1068
1833 Our Lane
I, Rudy Rivas, acting as an authorized agent for the owner, Scott Johnson, acknowledge that the City will
not maintain Our Lane and that it is the responsibility of the property owners to maintain Our Lane to a
level that will allow fire trucks to respond to emergencies.
It has been the practice of the property owners for the past 38 years to maintain the private road known
as Our lane, for the purposes of egress and digress for ali vehicles, including private, commercial and
emergency.
I respectfully request a variance to the requirement in the Subdivision Ordinance that all lots front on a
public street, with the condition that the required 8" water line to the southwest corner of the subject
property will he installed by the builder prior to the issuance of a building permit.
Thank you for your consideration regarding this matter,
C
udy Rivas
630 Oakmont Ct
Fairview Tx, 75069
Office: 214-288-9456
Fax: 972-529-1078
Case No.
ZA13-043
Date
-;l _ Et) /J
Attachment C
Page 1
Concept Plan Option "A"
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Case No.
ZA1 3-043
Attachment C
Page 2
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Case No.
ZA13-043
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Page 3
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Case No. Attachment C
ZA13-043 Page 4
REVISED CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA13-043 Review No.: Two
Proiect Name: Concept Plan — 1833 Our Ln.
APPLICANT: Jacob Green
M. Christopher Homes
630 Oakmont
Fairview. TX 75069
Phone: (214) 500-7350
E-mail: jacob@mchristopherinc.com
Date of Review: 08/06/13
OWNER: Scott and Becky Johnson
1401 Park Place
Southlake, TX 76092
Phone: (817) 296-3791
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
05/20/13 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
RICHARD SCHELL AT (817) 748-8072.
1. A variance is requested to allow the lot to not front on a public street. The applicant has submitted
a letter agreeing to the conditions that have been placed on other lots that have been approved
on Our Lane, which are as follows:
a. An 8" water line meeting City standards from Randol Mill to the southwest corner of the
property will be installed by the property owner or builder prior to issuance of a building
permit.
b. The applicant acknowledges that the City will not maintain Our Lane and that it is the
responsibility of the property owners to maintain Our Lane to a level that will allow fire
trucks to respond to emergencies.
2. Label the adjacent properties and properties across adjoining R.O.W.'s with owner's name,
existing zoning, and land use map designation. Adjacent properties on all four sides of the
property being rezoned have a land use designation of Low Density Residential, so label each
property ("L.U.D.=Low Density Residential"). Zoning on adjacent properties to the north and west
is "SF-1X Single Family Residential and zoning on the properties to the south, southwest and
east is "AG" Agricultural. Label each property Zoning = "SF-1X Single Family Residential or
Zoning = "AG" Agricultural.
3. Please provide (not on the plat, but on the concept plan/tree preservation plan) the existing
percentage of tree coverage and the percent of existing tree coverto be preserved. The minimum
tree cover to be preserved is listed in the table below:
Case No.
ZA13-043
Attachment D
Page 1
T�ibte 2.0 — Existins T1'ee Corer Presen-ration Reauil enients
Percentalge of exis111Pg tree rover on the entire
We
Alil1111111111 jt]Pr('f'ntage Of Ilit, twilling Iree
('Ovep to be preserved'
0° o — 20%
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20.1 — 40%
60%
40.1% — 60%
50%
60.1°u- 80%
40%
The orininnall Percentage of existing free coi,er to he presel•ved shall erchide any area rn public
r iglrt,s of-i rat' as appr a7 ed by Cite Corrncil,
4. Prior to issuance of a building permit, the City must approve a building/construction plan, including the
acceptance of the 8" water line and including the appropriate easements.
5. The proposed fire hydrant must be at the end of the 8" water line to be installed to avoid having a
dead end that traps water at the end of the line.
6. Please revise the 30' x 30' utility and roadway access easement at the southwest corner of the
property to include the entire area of the proposed hammerhead as shown on the exhibit.
7. Prior to issuance of a Certificate of Occupancy, the Fire Department will approve all road
improvements and constructed drive turnaround.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
1. All trees shown on the approved Tree Preservation Plan as to be saved must be preserved or
they will have to be mitigated by replacing them on a caliper inch per caliper inch basis or paying
into the City's Reforestation Fund.
Public Works/Engineering Review
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS
Our Lane is a private street that does not meet the requirements of a public local street and
acknowledgement that the City will not maintain the street shall be required. (A letter has been
provided).
City sewer service is not available in this area. A septic sewer system will be required to serve this
property.
Use the City of Southlake GPS monuments whenever possible. Information can be found in
the City of Southlake website:
Case No. Attachment D
ZA13-043 Page 2
http://www.cityofsouthlake.com/index.aspx?NID=266
EASEMENTS
Provide a 15-foot minimum utility easement dedication along the southern property line for future 8-
inch water line loop which shall connect to Randol Mill Road to the east. Easements shall be
dedicated by plat.
Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15-
foot minimum and located on one lot — not centered on the property line. A 20-foot easement is
required if both storm sewer and sanitary sewer will be located within the easement.
Water and sewer lines shall not cross property lines without being in a public easement or in the
right-of-way. All water and sewer lines in easements or right-of-way must be constructed to city
standards.
WATER COMMENTS
As a requirement for granting the variance to allow the lot to not front on a public street, an 8-inch
water line meeting City standards must be constructed to the property. Construction of the water
line shall be required prior to issuing building permits.
Water services shall not cross lot lines.
Water meters shall be located in an easement or in the right-of-way.
Water lines shall not cross property lines without being in an easement or right-of-way.
GRADING AND DRAINAGE COMMENTS
Provide a grading plan which includes drainage arrows and 2' or 5' contours. Contours may be
obtained from the City of Southlake.
2. The discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance # 605.
Driveway culverts must be sized by an engineer and submitted for approval to the City Engineer. An
18-inch minimum concrete culvert is required.
INFORMATIONAL COMMENTS:
Submit 4 copies of the civil construction plans, 22" X 34" scalable full size sheets and a completed
Construction Plan Checklist as part of the first submittal for review directly to the Public Works
Administration Department. The plans shall conform to the most recent construction plan checklist,
standard details and general notes which are located on the City's website:
http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp
A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082 to
connect to the City's sewer, water or storm sewer system.
A Residential Developer Agreement (RDA) shall be required for this development. The RDA may
require approved by the City Council prior to any construction of public infrastructure. Construction
plans for these improvements will require review and shall be released for construction by Public
Works prior to placing the RDA on the City Council agenda for consideration.
Case No.
ZA13-043
Attachment D
Page 3
Any hazardous waste being discharged must be pretreated Ordinance No. 836.
For projects containing diversion or impoundment the following note should be placed in the final
plat: Compliance with the provisions of the City's Storm Drainage Policy does not relieve a person
of the responsibility of complying with all other applicable laws, including, but not limited to, Section
11.086, Texas Water Code.
Denotes informational comment.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
(817) 748-8671
E-mail: kclementsa-ci.southlake.tx.us
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.
All residential fire sprinkler systems shall have an audible notification device on the inside and
outside of the structure, with the exterior device capable of being audible to a neighbor or from the
public street fronting the property.
FIRE LANE COMMENTS:
Fire apparatus access needs to be provided within 150 feet of all exterior portions of the perimeter
of the residence on a "hose -lay' basis if un-sprinkled, and within 250 feet of all exterior portions of
sprinkled residences. 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. (A
minimum of 80,000 pounds GVW)
If fire apparatus access is required farther than 150 feet from Our Ln., an approved turn -around
must be provided for fire apparatus. This approved turn -around must be placed at a point where
the apparatus will not be required to back-up more than 150 feet to turn around and exit the
property.
FIRE HYDRANT COMMENTS:
The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be
laid. A fire hydrant exist on Randol Mill Ave. within 1000 feet of the property and a fire hydrant is
proposed at the end of the 8" water line to be installed by the property owner.
General Informational Comments:
The SPIN representative did not recommend a meeting for this case.
A plat must be filed with the County prior to issuance of a building permit. Approval of the zoning
change and concept plan is subject to approval of a one -lot plat showing (ZA13-044) that creates
a lot meeting the minimum one acre minimum lot size in the SF-1A zoning district.
Case No.
ZA13-043
Attachment D
Page 4
All lighting must comply with the Lighting Ordinance No. 693, as amended.
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
The property is not served by City sewer. The applicant must submit percolation tests and septic
system feasibility analysis for the proposed lot. A permit will be required from the Tarrant County
Health Department.
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, irrigation plan, and
building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
Denotes Informational Comment
Case No.
ZA13-043
Attachment D
Page 5
Surrounding Property Owners
1833 Our Lane
5 4 3
1 22 21 20 11
14
15
16 19 18 17 12
13 -�
7 6 9 10
-7 [T-'
-� -
SPO #
Owner
Zoning
Land Use
Acreage
Response
1.
Chidiac, Michael & Karen
SF1-A
Low Density Residential
1.46
F
2.
Spencer, Paul D
SF1-A
Low Density Residential
0.95
F
3.
Mehta, Vivek Etux Seema
SF1-A
Low Density Residential
2.50
NR
4.
Silverman, Eric S Etux Sheri
SF1-A
Low Density Residential
2.49
NR
5.
Ndukwe, Vincent
SF1-A
Low Density Residential
2.06
NR
6.
Gill, Kelly L
AG
Low Density Residential
0.83
NR
7.
Breisch, Bruce C
AG
Low Density Residential
0.22
O
8.
Breisch, Bruce C
AG
Low Density Residential
0.11
O
9.
Gill, Kelly L
AG
Low Density Residential
0.48
NR
10.
Burgess, Derrell & Martha Jo
AG
Low Density Residential
0.80
NR
11.
Seals, James Etux Nelda
AG
Low Density Residential
1.00
NR
12.
Quinn, Andrew Preston
AG
Low Density Residential
0.91
NR
13.
Shatley, Josh
AG
Low Density Residential
0.61
O
14.
Burger, Gene
AG
Low Density Residential
0.03
NR
15.
Burger, Gene D
AG
Low Density Residential
0.08
NR
16.
Ankerson, Lee Etux Adrianne
AG
Low Density Residential
0.79
F
17.
Shatley, Josh Lou
AG
Low Density Residential
0.55
O
18.
Shatley, Josh Lou
AG
Low Density Residential
0.48
O
19.
Shatley, Josh Lou
AG
Low Density Residential
0.47
O
20.
Johnson, Scott A
AG
Low Density Residential
0.60
F
21.
Johnson, Scott A
AG
Low Density Residential
0.54
F
22.
Johnson, Scott A
AG
Low Density Residential
0.57
F
Case No. Attachment E
ZA13-043 Page 1
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent: Sixteen (16)
Responses Received within 200':
Five (5) notification Response Forms — Adrianne Ankerson submitted Response Form in opposition June
6, 2013 and signed a Letter of Support dated July 15, 2013.
Letter of Support includes signatures of Adrianne Ankerson (1814 Our Ln), Paul Spencer (1742 Our Ln.)
and Michael Chidiac (1829 Our Ln.), Scott Johnson (1833, 1847 and 1851 Our Ln.)
Responses Received Outside 200':
Letter of Support includes signatures of Jay Singh (1801 Our Ln.), Imad Yamout (1715 Our Ln.), D. L.
and Marilaine Wiggins (1730 Randol Mill Ave.) and Century 21 listing agent for 1833, 1847 and 1851 Our
Ln.
Case No. Attachment E
ZA13-043 Page 2
Responses Received within 200'
Notification Response Fo' rm
ZA13�043
Meeting Date: June 6, 2013 at 6:30 PM
Breisch, Bruce C
1728 Our Ln
Southiake Tx, 76092
A1068 2B02A2
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVER
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Planreferenced above.
Space for comments regarding your position.
Signature: �. Date:
Additional Signature: 101 Date:,-`3d
Printed Name(s):
Must be property owner(s) whose name(s) are printed at top..!OtherWise contact the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA13-043 Page 3
,/ 1-1 Notification Response Form
ZA13-043
Meeting Date: June 6, 2013 at 6:30 PM
Shatley, Josh
8900 Davis Blvd
Keller Tx, 76248
Al068 AC' 0
RC'0q) 9LC10
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Printed Name(s): J Qn�
Must be property owner(s) whose name(s) are
Phone Number (optional):
Case No.
ZA13-043
Date: 6
Date:
at top. Othq&ise contact the Planning Department, One form per property.
Attachment E
Page 4
Protest
1. I disapprove of the rezoning ZA13-043 because I see no turn around or hammer head for emergency
vehicular. Where will the burden of cost go if one is required now or in the future?
2. I do not see or understand where an 8" water main is being looped around to Randol Mill!
And who is responsible for the cost.
3. Are the owners of each property responsible for the cost of improvements, amenities or maintenance
on Our Ln. and is that based on the amount of property or frontage they own!
As it stands the proposed zoning is states that all of the residents would be responsible to maintain
Our Ln. I do not want to be taxed or told to maintain the road if the responsibility is based on the
amount of frontage on Our Ln and not the amount of property you own, or if one of the property
owners doesn't participate
4. How are all the residents going to agree to the improvements of Our Ln. and to what cost could
everyone afford, if any. I do not see any improvement to Our Ln., unless someone or practically all the
residents can agree.
5. Also when the properties at the end of Our Ln. decide to plat and rezone, will they be responsible for
a emergency turnaround or hammer head. If so, I strongly disapprove of the zoning change ZA13-043.
The burden should be 'shared with all the residents the properties if and when it has been platted and
rezoned.
6. I also protest that proposed property has the driveway extended in to the public and utility easement
where it should be set back from the center of each property line 30 feet.
7. All I see is our properties being taxed at values of other homes that are on public roads without the
benefits of a public road and that our market values will remain low.
8. Without the city maintaining Our Ln., I don't believe the roads will be properly maintained unless all
the property owners can come together!
9. Also who is going to guarantee the street and utilities will be brought up to city standards, so the city
can take possession?
Josh Shatley
1846 Our Ln
Southlake TX
Case No. Attachment E
ZA13-043 Page 5
� Notification Response Form
ZA13-043
Meeting Date: June 6, 2013 at B-30 PM
Shatley, Josh
8900 Davis Blvd
Keller Tx, 76248
A1068 2CO3
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
Signature:
Additional Signature:
Printed Name(s): %L -E �
Must be property owner(s) whose... .... ..(s) are printed at top. Otherwise
Date: h —�
Date:
the running Department. One form per property,
Phone Number (optional): C
Case No.
ZA13-043
Attachment E
Page 6
Protest
1. I disapprove of the rezoning ZA13-043 because I see no turn around or hammer head for emergency
vehicular. Where will the burden of cost go if one is required now or in the future?
2. I do not see or understand where an 8" water main is being looped around to Randol Mill!
And who is responsible for the cost.
3. Are the owners of each property responsible for the cost of improvements, amenities or maintenance
on Our Ln. and is that based on the amount of property or frontage they own!
As it stands the proposed zoning is states that all of the residents would be responsible to maintain
Our Ln. I do not want to be taxed or told to maintain the road if the responsibility is based on the
amount of frontage on Our Ln and not the amount of property you own, or if one of the property
owners doesn't participate
4. How are all the residents going to agree to the improvements of Our Ln. and to what cost could
everyone afford, if any. I do not see any improvement to Our Ln., unless someone or practically all the
residents can agree.
5. Also when the properties at the end of Our Ln. decide to plat and rezone, will they be responsible for
a emergency turnaround or hammer head. If so, I strongly disapprove of the zoning change ZA13-043.
The burden should be'shared with all the residents the properties if and when it has been platted and
rezoned.
6. I also proi`est that proposed property has the driveway extended in to the public and utility easement
where it should be set back from the center of each property line 30 feet.
7. All I see is our properties being taxed at values of other homes that are on public roads without the
benefits of a public road and that our market values will remain low.
8. Without the city maintaining Our Ln., I don't believe the roads will be properly maintained unless all
the property owners can come together!
9. Also who is going to guarantee the street and utilities will be brought up to city standards, so the city
can take possession?
Josh Shatley
1846 Our Ln
Sou lake TX
Case No. Attachment E
ZA13-043 Page 7
Notification Response Form
ZA13-043
Meeting Date: June 6, 2013 at 6:30 PM
Shatley, &ks-
8900 Davis Blvd
Keller Tx, 76248
A1068 Q? C o 7
a8ID-
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of (::oppoDsedto-
undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
-- �-
tau
Signature: Date:
Additional Signature. Date:
T
Printed Name(s): P e
Must be property owner(s) whose name(s) are print d at top, Otherwise contact th Planning Department .One form per property.
Phone Number (optional): j `7 - g o� — (o
( t4�
Case No. Attachment E
ZA13-043 Page 8
With the new owner needing to build, Our Lane will suffer deterioration due to the
additional traffic of Commercial vehicles going in and out hauling materials
needed.
want everything spelled out clearly in writing, not conjecture, of what the
responsibilities of all residents, new and long time, regarding any improvements
proposed by the city of Southlake, that this zoning change & concept plan could
bring about, since this notification was the first I time I was made aware of the
ZA13-043, f will need more information. As it stands now, I oppose.
Sincerely;
41-1-41-
Betsyey
1800 Our Lane
Southlake, Tx.
3� a �?� /i3
Case No. Attachment E
ZA13-043 Page 9
'A 1ved Notification Response Form
Jun o 0, 20111
!71�yr9 Dept
ZA13-043 � ��
Meeting Date: June 6, 2013 at 6:30 PM
Ankerson, Lee Etux Adrianne
1814 Our Ln
Southlake Tx, 76092
A1068 2C04
PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY
BEFORE THE START OF THE SCHEDULED PUBLIC HEARING.
Being the owner(s) of the property so noted above, are hereby
in favor of opposed to undecided about
(circle or underline one)
the proposed Zoning Change and Concept Plan referenced above.
Space for comments regarding your position:
M
Signature: Date: G
Additional Signature:
Date:
Printed Name(s): Ilik-r�w1d L % lZwli6A s&)r)
Must be property owner(s) whose name(s) are printed at top. Otherwise contact the Planning Department. One form per property.
Phone Number (optional):
Case No. Attachment E
ZA13-043 Page 10
July 15, 2013
Southlake Planning & Zoning:
We, the undersigned property owners and concerned citizens, support the rezoning
proposal on 1833, 1847, and 1851 Our Lane in Southlake. We believe the
improvements agreed to as part of this rezoning request will increase the safety and
utility of all the properties on Our Lane.
n4z Q'x'l
Its Our 6ne-•
C',
1
Case No.
ZA13-043
&�L'I- �'j'_
Attachment E
Page 11
PLEASE REGISTER WITH THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA
Case No. Attachment E
ZA13-043 Page 12
PLEASE REGISTER YUIiH T :HIS CARD
PLEASE REGISTER WITH 'THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA
Please print and return to the P&Z Secretary.
Agenda Item # q
v
Name jc5Date 7 1
Address OL
I will speak IN SUPPORT of this item.
I will speak IN OPPOSITION to this Item.
I do not wish to speak, but please record my:
SUPPORT OPPOSITION
Citizen Comments (for item on the agenda)
F:%ComQev`W P-F]LE&MTGkS PEAK P&Z.doo
Case No. Attachment E
ZA13-043 Page 13
PLEASE REGISTER WITH THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA .
Please print and return to the P&Z Secretary. j
Agenda Item # r
ame
no
Address V
I will speak IN SUPPORT of this item.
I will speak IN OPPOSITION to this item.
Date
0
I do not wish to speak, but please record my:
SUPPORT {f OPPOSITION
Citizen Comments (for item on the agenda)
F:IComDev\WP-F ILE51M-�G15PEAKP&Z.doc
Case No. Attachment E
ZA13-043 Page 14
PLEASE REGISTER WITH THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA
Please print and return to the P&Z Secretary.
Agenda It #
Name C.%l C
Address / lr,05� C-/Ur-
I will speak IN SUPPORT of this item.
I will speak IN OPPOSITION to this item.
C
I do not wish to speak, but please record my:
SUPPORT OPPOSITION
Citizen Comments (for item on the agenda)
Fi1Co mDevlW P-FI LESWTGISP EAKP &Z. doo
PLEASE REGISTER WITH THIS CARD
TO SPEAK TO THE PLANNING AND ZONING COMMISSION
REGARDING ANY ITEM ON THE AGENDA
Please print and return to the P&Z Secretary.
Agenda Item # P— -.;�A 13 ""0*.2-,
/e -/13
Name iTA e Date 4v 0�
a`
Add ress l �0 &� le-4k)I ; T e C, s. Ar ' �k7 74 a `
I will speak IN SUPPORT of this item.
I will speak IN OPPOSITION to this item.
I do not wip.h to speak, but please record my:
SUPPORT OPPOSITION
Citizen Comments (for item on the agenda)
F ACa m DevIWP-FI LEMMTGISPEAKP&Z. doa
Case No. Attachment E
ZA13-043 Page 15
Responses Received outside 200'
July 15, 2013
Southlake Planning & Zoning:
We, the undersigned property owners and concerned citizens, support the rezoning
proposal on 1833, 1847, and 1851 Our Lane in Southlake. We believe the
improvements agreed to as part of this rezoning request will increase the safety and
utility of all the properties on Our Lane.
/730
�Q I J rT3D I) I I kj .
c
O
�0.331 ►%Lt-I` 1�4r�-1 l Uir 'UavN.e
1Fz'iF 0,�-
/tm/ 164 Z"'�
Case No.
ZA13-043
Attachment E
Page 16
PLEA"REGISTER WITH THIS CARD
Case No. Attachment E
ZA13-043 Page 17
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-641
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
2C11, 2C12 AND 2C13, W. MARTIN SURVEY, ABSTRACT NO. 1068,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY 1.663 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-1A" 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. Attachment F
ZA13-043 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,
Case No. Attachment F
ZA13-043 Page 2
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 2C11, 2C12 and 2C13, W. Martin Survey, Abstract No.
1068, City of Southlake, Tarrant County, Texas, being approximately 1.663 acres,
and more fully and completely described in Exhibit "A" from "AG" Agricultural District
to "SF-1A" Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit "B", and subject to the
following conditions:
1. Council Motion at 1st Reading August 6, 2013:
A motion was made to approve Ordinance No. 480-641 (ZA13-043), zoning
change and concept plan for 1833 Our Lane; including the recommendation of the
Case No. Attachment F
ZA13-043 Page 3
Planning and Zoning Commission that the applicant will provide an eight inch
fresh water line to the southwest corner of the property; applicant understands
that the City will not be responsible for road maintenance along Our Lane; and
asking the applicant work with city staff to discuss reimbursement agreements
regarding access to the waterline for future permit applicants, providing water
access to the eight inch line for the existing homeowners along Our Lane, discuss
a possible cost -sharing agreement regarding road improvements to Our Lane and
granting the variance to property not having access to a public roadway.
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
Case No. Attachment F
ZA13-043 Page 4
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 F
ZA13-043 Page 5
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place for
a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it
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 6t" day of August, 2013.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2013.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment F
ZA13-043 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA13-043 Page 7
EXHIBIT "A"
Being described as Tracts 1 C & 1 E, J. Childress Survey, Abstract No. 253, Southlake, Tarrant
County, Texas, being approximately 2.664 acres, and more fully and completely described
below:
Reserved for metes and bounds description
Case No. Attachment F
ZA13-043 Page 8
EXHIBIT "B"
Reserved for approved concept plan
Case No. Attachment F
ZA13-043 Page 9