Item 4GCITY OF
S0UTHLA1<,.,E
Department of Planning & Development Services
STAFF REPORT
August 27, 2014
CASE NO: ZA14-093
PROJECT: Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition
EXECUTIVE
SUMMARY: On behalf of Marzell Evans, Wicker & Associates is requesting 1 st reading approval of
a Zoning Change and Concept Plan for Lot 2R, R.D. Price No. 992 Addition on
property described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract
No. 992A, City of Southlake, Denton County, Texas, and located at 335 W. Bob Jones
Rd. and 4078 N. White Chapel Blvd., Southlake, Texas. Current zoning: "AG"
Agricultural District, Requested zoning: "SF-1A" Single Family Residential District.
SPIN Neighborhood # 1.
REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan for Lot 2R,
R.D. Price No. 992 Addition from "AG" Agricultural District to "SF-1A" Single Family
Residential District to combine the unplatted Tract 14 and a portion of Tract 15, which
total approximately 4.6 acres, with the existing Lot 2, R.D. Price No. 992 Addition to
create one lot approximately 9.562 acres in size. The existing Lot 2, R.D. Price No. 992
Addition lot is already zoned "SF-1 A" Single Family Residential District and there is an
existing home on the lot that will remain. Requests for approval of a Preliminary Plat
for Lots 2R and 6, R.D. Price No. 992 Addition (ZA14-094) and a Plat Revision for Lot
2R, R.D. Price No. 992 Addition (ZA14-095) have been submitted. Approval of both
plats is subject to approval of the Zoning Change and Concept Plan. The associated
plats will be considered at the same time the public hearing at 2nd reading for the
Zoning Change and Concept Plan is considered.
VARIANCE
REQUEST: Subdivision Ord. No 483, Section 8.01(C), as amended, does not allow double fronted
residential lots. The applicant is requesting a variance to allow the proposed Lot 2R to
have frontage on both W. Bob Jones Rd. and N. White Chapel Blvd.
ACTION NEEDED: Consider 1st reading approval of a Zoning Change and Concept Plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information — Link to PowerPoint
(D) Revised Concept Plan Review Summary No. 1 dated August 15, 2014
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-678
(G) Half Size Plans (for Commission and Council Members Only)
Case No.
ZA14-093
STAFF CONTACT: Ken Baker (817) 748-8067
Richard Schell (817) 748-8602
Case No.
ZA14-093
BACKGROUND INFORMATION
OWNER: Marzell Evans
APPLICANT: Wicker & Associates
PROPERTY SITUATION: 335 W. Bob Jones Rd. and 4078 N. White Chapel Blvd.
LEGAL DESCRIPTION: Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural Zoning District
REQUESTED ZONING: "SF-1A" Single -Family Residential District
HISTORY: -The property was annexed into the City in 19887 and given the "AG"
Agricultural zoning designation.
-There is no development history on this property.
SOUTHLAKE 2030
PLAN: The underlying land use designation is Low Density Residential. The request to
change the zoning to "SF-1A" Single Family Residential District is consistent
with this land use designation.
MASTER
THOROUGHFARE PLAN: The 2030 Master Thoroughfare Plans shows N. White Chapel to be a two-lane
undivided collector with 70' of right of way and W. Bob Jones Rd. to be a two-
lane undivided collector with 60' of right of way.
PATHWAYS
MASTER PLAN: The 2030 Pathways Master Plan shows a 6' multi -use trail along the south side
of W. Bob Jones Rd. and an 8' multi -use trail along the west side of N. White
Chapel Blvd. At this time, no new home construction is anticipated. If future
development occurs, the City will determine the applicant's requirement to
participate in the construction of the sidewalks.
WATER & SEWER: This site is currently serviced by a 12" water line in N. White Chapel Blvd. City
sewer is not available, so the site will be served by a private septic system.
DRAINAGE COMMENTS: Drainage is generally from west to east on the property.
TREE PRESERVATION: The proposed lots must comply with the existing tree canopy preservation
regulations of the Tree Preservation Ordinance. A Tree Preservation Plan will
be required to be submitted at the time new construction occurs.
PLANNING AND ZONING
COMMISSION ACTION: August 21, 2014; Approved (6-0) subject to Concept Plan Review Summary
No. 1 dated August 15, 2014 and the staff report dated August 15, 2014 and
also granting the variance request as presented.
Case No. Attachment A
ZA14-093 Page 1
STAFF COMMENTS: Revised Concept Plan Review Summary No. 1 dated August 15, 2014 is
attached.
Case No. Attachment A
ZA14-093 Page 2
Vicinity Map
Lot 2R, R.D. Price No. 992 Addition
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ZA14-093
114 I S Zoning Change and
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Case No. Attachment B
ZA14-093 Page 1
Zoning Change and
Concept Plan ZA14-093
Case No.
ZA1 3-093
CONCEPT PLAN
LOT 5
4.475 ACRES
L
Lot 2 is Zoned SF-1 A
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Attachment C
Page 1
Case No.: ZA14-093
REVISED CONCEPT PLAN REVIEW SUMMARY
Review No.: One
Project Name: Concept Plan — Lot 2R, R.D. Price No. 992 Addition
APPLICANT:
Wicker & Associates
OWNER:
Marzell Evans
Date of Review: 08/27/14
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
08/05/14 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. Split lot zoning is not permitted. Approval of the Zoning Change and Concept Plan is subject to
approval and recording of a Plat Revision to create Lot 2R as shown on the Concept
Plan/Preliminary Plat.
2. Provide a metes and bounds description of the approximately 4.6 acres that is being rezoned.
3. Subdivision Ord. No 483, Section 8.01(C), as amended, does not allow double fronted residential
lots. The applicant is requesting a variance to allow the proposed Lot 2R to have frontage on both
W. Bob Jones Rd. and N. White Chapel Blvd. A variance has been requested.
4. Show and label 40' front lot lines on both street frontages on the Concept Plan/Preliminary Plat.
5. Show conceptual layout of proposed buildable area showing points of connection to pubic rights of
way.
6. Provide a Tree Preservation Plan in accordance with Tree Preservation Ordinance No 585, as
amended. The proposed lots must comply with the existing tree canopy preservation regulations of
the Tree Preservation Ordinance.
7. Place the City case number "ZA14-093" in the lower right corner for ease of reference.
8. Show and dimension the right of way dedication in accordance with the current Master
Thoroughfare Plan. Dimensions must either be from center line of apparent existing R.O.W. or full
width from across R.O.W. if opposite side has dedicated their half.
Public Works/Engineering Review
GENERAL COMMENTS:
1. Additional requirements may be necessary with the review of civil construction plans, if any are
required.
Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
Case No. Attachment D
ZA14-093 Page 1
Use the City of Southlake GPS monuments whenever possible. Monument locations can be found
in the City of Southlake website:
http://www.citvofsouthlake.com/index.aspx?NID=266
EASEMENTS:
Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15'
minimum and located on one lot — not centered on the property line. A 20' easement is required if
both storm sewer and sanitary sewer will be located within the easement.
Water and sanitary sewer cannot cross property lines without being in an easement or right of
way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be
constructed to City standards.
WATER AND SANITARY SEWER COMMENTS:
Public sanitary sewer system is not provided to this area and residence will require private septic
system.
Water lines cannot cross property lines without being in an easement or right of way.
Water meters and fire hydrants shall be located in an easement or right of way.
IQMil 1k Five] ; Kde]►y,ILy,1:4k111&_1
Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
INFORMATIONAL COMMENTS:
A right of way 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.
Any hazardous waste being discharged must be pretreated per Ordinance No. 836.
* = Denotes informational comment.
Fire Department Review
GENERAL COMMENTS:
An 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
Case No. Attachment D
ZA14-093 Page 2
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 further than 150 feet from the public street, and 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 (See attached exhibit for approved turnarounds).
FIRE HYDRANT COMMENTS:
The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be
laid. Fire hydrants exist less than 1000 feet from most portions the property at the intersections of
N. White Chapel Blvd. and W. Bob Jones Rd. and N. White Chapel Blvd. and the entrance to Bob
Jones Park. The southwest corner of the property appears to be more than 1000 feet from an
existing fire hydrant, so construction of a residence in that area will require installation of an
additional fire hydrant.
General Informational Comments
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.
All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as
amended).
Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay
Zones.
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 site plan, landscape 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, Roadway Impact Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
Denotes Informational Comment
Case No. Attachment D
ZA14-093 Page 3
Surrounding Property Owners
335 W. Bob Jones Rd. and 4000 and 4078 N. White Chapel Blvd
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Owner
Zoning
Address
Acreage
Response
1.
GRIGSBY, MARIE W
RE
WHITE CHAPEL
10.45
NR
2.
SPECTRA LAND LP
SF1-A
BOBJONES
11.73
NR
3.
SPECTRA LAND LP
SF1-A
BOBJONES
5.33
NR
4.
SPECTRA LAND LP
SF1-A
29-D BOBJONES
5.00
NR
5.
SPECTRA LAND LP
SF1-A
350 BOBJONES
1.02
NR
6.
GRIGSBY, MARIE W
AG
WHITE CHAPEL & BOB
JONES (SWC)
1.35
NR
7.
EVANS, MARZELL F
AG
BOBJONES
5.34
NR
8.
EVANS, MARZELL F
AG
BOBJONES
3.71
NR
9.
EMMER, DANIEL P
SF1-A
345 BOB JONES
4.64
NR
10.
WILLIAMS, RUDOLPH C & DEL-
METRI
SF1-A
100 KING RANCH
0.94
NR
11.
BAKER, KIMBERLEY A & PATRICK
A
SF1-A
104 KING RANCH
1.02
NR
12.
COTE, MICHAEL P & SUNISA
BERRY COLE
SF1-A
108 KING RANCH
1.00
NR
13.
MORGAN, KEVIN T & STACY A
SF1-A
200 KING RANCH
1.04
NR
14.
MEGWA, ERONINI & SUSAN
SF1-A
204 KING RANCH
1.01
NR
15.
CARDINALI, ERIC & DEBORA
SF1-A
208 KING RANCH
1.02
NR
16.
WRIGHT, SHATARA
SF1-A
300 KING RANCH
1.03
NR
17.
SIMPSON, WILLIAM R
SF1-A
304 KING RANCH
1.01
NR
Case No. Attachment E
ZA14-093 Page 1
18.
SPENCER, KEITH & TERESA
SF1-A
308 KING RANCH
0.99
NR
19.
MAHONE, MATTHEW J & LEIGH
ANNE
SF1-A
4000 WHITE CHAPEL
5.43
NR
20.
SOUTHLAKE, CITY OF
AG
9.63
NR
21.
SOUTHLAKE, CITY OF
AG
WHITE CHAPEL
79.26
NR
Responses: F: In Favor
Notices Sent: Seventeen (21)
Responses Received: None (0)
O: Opposed To U: Undecided NR: No Response
Case No. Attachment E
ZA14-093 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-678
AN ORDINANCE AMENDING ORDINANCE NO.480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT 14
AND A PORTION OF TRACT 15, R.D. PRICE SURVEY, ABSTRACT
NO. 992A, CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS,
BEING APPROXIMATELY 4.6 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
Case No. Attachment F
ZA14-093 Page 1
District under the City's Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a
person or 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
Case No. Attachment F
ZA14-093 Page 2
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 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 Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract
No. 992A, City of Southlake, Denton County, Texas, being approximately 4.6 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
Case No. Attachment F
ZA14-093 Page 3
following conditions:
1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall
be subject to all the applicable regulations contained in said Zoning Ordinance and all other
applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are
not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen
congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to
avoid undue concentration of population; and to facilitate the adequate provision of transportation,
water, sewerage, drainage and surface water, parks and other commercial needs and development
of the community. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 5.
Case No. Attachment F
ZA14-093 Page 4
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.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
Case No. Attachment F
ZA14-093 Page 5
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 day of , 2014.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2014.
MAYOR
ATTEST:
CITY SECRETARY
Case No. Attachment F
ZA14-093 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment F
ZA14-093 Page 7
EXHIBIT "A"
Being described as Tract 14 and a portion of Tract 15, R.D. Price Survey, Abstract No. 992A,
City of Southlake, Denton County, Texas, being approximately 4.6 acres, and more fully and
completely described below:
Reserved for metes and bounds description
Case No. Attachment F
ZA14-093 Page 8
EXHIBIT "B"
Reserved for approved concept plan
Case No. Attachment F
ZA14-093 Page 9