Item 4F
Department of Planning & Development Services
S T A F F R E P O R T
April 28, 2015
CASE NO:ZA15-017
PROJECT: 3165 Johnson Rd. – Zoning Change and Concept Plan
EXECUTIVE
SUMMARY:
On behalf of Emad Mikhail, Blake Architects is requesting approval of a Zoning
Change and Concept Plan on property described as Tract 1C1, Jesse G. Allen
Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and located at
3165 Johnson Rd., Southlake, Texas. Current Zoning: “AG” – Agricultural District.
Requested Zoning: “SF-1A” – Single Family Residential District. SPIN
Neighborhood # 11.
DETAILS:
The applicant is requesting approval of a zoning change and concept plan to
accommodate the construction of a new home (approximately 5,000 square feet)
and a family quarters (approximately 1,200 square feet) in a separate accessory
building on an approximately 40,166 square foot lot.
On February 26, 2015, the Zoning Board of Adjustment approved a Variance to
Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of forty three
thousand five hundred sixty (43,560) square feet and a Special Exception Use per
Ordinance No. 480, Section 44.12(1) for an approximately 1,200 square foot
servants or family quarters. On March 26, 2015, the Zoning Board of Adjustment
approved a Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard
setback of twenty (20) feet to allow a side setback of approximately fifteen (15)
feet for the principal structure on the east side of the lot and a side setback of
approximately fifteen (15) feet for the principal structure and an accessory building
for a family quarters on the west side of the lot. Approval of the variances is
subject to subsequent approval of the zoning change to SF-1A by City Council.
The previous principal residence and all accessory structures were removed from
the property by the current owner in 2013. A plat must be processed and recorded
with the County prior to issuance of a building permit for a new home. The current
zoning on the property is Agricultural District, which requires a minimum ten acre
lot area. The property does not meet the ten acre minimum area required in the
Agricultural district, so the property must be rezoned prior to a plat being
approved.
The 2030 Land Use designation on the property is Low Density Residential, which
requires a net density of one or fewer dwelling units per acre. The applicant is
requesting to allow the approximately 40,166 square foot (0.92 acres) lot to be
rezoned to SF-1A while retaining the Low Density Residential Land Use
designation since the existing tract is not being further subdivided.
Case No.
ZA15-017
Variance Requested:
Per Tree Preservation Ordinance No. 585, as amended, Section 7.2, Table 2.0 –
Existing Tree Cover Preservation Requirements. A minimum of 70% of the existing
tree cover is required to be preserved; the applicant proposes to preserve
approximately 47 55% of the existing 10% tree canopy.
On April 23, 2015, the Planning and Zoning Commission recommended approval
subject to the review summary and staff report; granting the variance requested by
the applicant but noting for the record the applicant’s willingness, prior to going to
Council, to present a landscape plan that would do a caliper inch replacement for
each caliper inch of tree needing to be removed.
The applicant has provided an updated tree plan indicating an increase in tree
preservation from 47% to 55%, as well as the addition of two (2) proposed apple
trees that at maturity will each provide a 20 foot canopy.
st
ACTION NEEDED: Consider 1 reading for a zoning change and concept plan
ATTACHMENTS:
(A) Background Information – LINK TO PRESENTATION
(B) Vicinity Map
(C) Plans and Support Information
(D) Concept Plan Review Summary No. 3, dated April 28, 2015
(E) Surrounding Property Owners Map and Responses
(F) Ordinance 480-694
STAFF CONTACT:
Dennis Killough (817) 748-8072
Lorrie Fletcher (817) 748-8069
Case No.
ZA15-017
BACKGROUND INFORMATION
OWNER:
Emad Mikhail
APPLICANT:
Blake Architects
PROPERTY SITUATION:
3165 Johnson Rd.
LEGAL DESCRIPTION:
Tract 1C1, Jesse G. Allen Survey, Abstract No. 18
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
AG- Agricultural District
REQUESTED ZONING:
SF-1A – Single Family Residential District
HISTORY:
- The property was annexed into the City in 1988 and given the “AG”
Agricultural District zoning designation.
-The previous main residence and all accessory structures were removed
from the property in 2013. (Source: City demolition permit and aerial
photography).
- A Variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot
area of forty three thousand five hundred sixty (43,560) square feet and a
Special Exception Use per Ordinance No. 480, Section 44.12(1) for an
approximately 1,200 square foot servants or family quarters were approved
by the Zoning Board of Adjustment on February 26, 2015 (ZBA-679).
-A Variance to Ordinance No. 480, Section 11.5(c), requiring a side yard
setback of twenty (20) feet to allow a side setback of approximately fifteen
(15) feet for the principal structure on the east side of the lot and a side
setback of approximately fifteen (15) feet for the principal structure and an
accessory building was approved by the Zoning Board of Adjustment on
March 26, 2015 (ZBA-679).
CITIZEN INPUT:
A SPIN meeting was not held regarding this project.
SOUTHLAKE 2030: Consolidated Land Use Plan
The Southlake 2030 Future Land Use Plan designates this property as Low
Density Residential. The Low Density Residential category is for detached
single-family residential development at a net density of one or fewer
dwelling units per acre. Net density is the number of dwelling units per net
acre, which excludes acreage in all public rights-of-way. Other suitable
activities are those permitted in the Public Parks / Open Space and Public /
Semi-Public categories. The Low Density Residential category encourages
the openness and rural character of the City of Southlake. The 2030 Land
Use designation on the property is Low Density Residential, which requires
a net density of one or fewer dwelling units per acre. The applicant is
requesting to allow the approximately 40,166 square foot (0.92 acres) lot to
be rezoned to SF-1A while retaining the Low Density Residential Land Use
designation since the existing tract is not being further subdivided.
Case No. Attachment A
ZA15-017 Page 1
Master Thoroughfare Plan
The Master Thoroughfare Plan designates Johnson Road as C2U, 2 lane
undivided collector street, with a 70 foot width.
Pathways Master Plan
The Master Pathways Plan shows six (6) foot sidewalks planned along this
portion of Johnson Road. The applicant is required to construct the
sidewalk or escrow funds equal to the amount required to construct the
sidewalk.
WATER & SEWER:
A 12” water line and an 8” sanitary sewer line exist along Johnson Road to
serve the property.
TREE PRESERVATION:
The proposed Tree Conservation Plan shows an existing tree canopy of
approximately 10%. The applicant is proposing to preserve approximately
55%. The required preservation is a minimum of 70%. A variance has been
requested.
PLANNING & ZONING
COMMISSION:
April 23, 2015; Approved (5-0) subject to Concept Plan Review Summary
No. 2 and the Staff Report dated April 17, 2015; granting the requested
variance but noting for the record the applicant’s willingness prior to going
to Council to present a landscape plan that would do a caliper inch
replacement for each caliper inch of tree needing to be removed.
STAFF COMMENTS:
Concept Plan Review Summary No. 3, dated April 28, 2015 is attached. A
plat showing must be processed and recorded prior to issuance of any
building permits.
N:\\Community Development\\MEMO\\2015 Cases\\017 - ZCP 3165 Johnson Rd\\CC Packet 1st reading\\Item 4F.docx
Case No. Attachment A
ZA15-017 Page 2
ZA15-017
Zoning Change and
Concept Plan
Case No. Attachment B
ZA15-017 Page 1
PROPOSED CONCEPT PLAN
Shown at P&Z 4-23-2015
Case No. Attachment C
ZA15-017 Page 1
TREE PRESERVATION PLAN
Shown at P&Z 4-23-2015
Case No. Attachment C
ZA15-017 Page 2
REVISED CONCEPT PLAN
Case No. Attachment C
ZA15-017 Page 0
REVISED TREE PLAN
Case No. Attachment C
ZA15-017 Page 0
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA15-017 Review No.: Three Date of Review: 04/28/15
Zoning Change and Concept Plan
Project Name: – 3165 Johnson Road
APPLICANT: Emad Mikhail ARCHITECT: Blake Architects
4100 Bridlewood Ct. Skip Blake
Colleyville, TX 76034
Phone: 817-343-8340 Phone: 817-488-9397
Email: emmikhail@yahoo.com Email: blakearch@verizon.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/28/15 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 THE APPROPRIATE STAFF MEMBER.
Planning Review
Lorrie Fletcher
Planner I
Phone: (817) 748-8069
Email:lfletcher@ci.southlake.tx.us
1. Per Tree Preservation Ordinance No. 585, as amended, Section 7.2, Table 2.0 – Existing Tree Cover
Preservation Requirements. A minimum of 70% of the existing tree cover is required to be preserved;
the applicant proposes to preserve approximately 55%. A variance has been requested.
Tree Conservation/Landscape Review
E-mail: kmartin@ci.southlake.tx.us
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
1. The proposed Tree Conservation must comply with the Tree Preservation Ordinance Existing
Tree Cover Preservation Requirements. If there are any invasive, unhealthy, or undesirable trees
existing on the property that do not fall within the areas of proposed construction and that the
owner would like to remove, please clearly delineate these trees as “Marginal” or to be
“Removed” on the Tree Conservation Plan.
Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, 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.
Case No. Attachment D
ZA15-017 Page 1
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on Minimum percentage of the
the entire site existing tree cover to be
preserved*
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.
* 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.
* Indicates informational comment.
# Indicates required items comment.
Public Works/Engineering Review
Om Gharty Chhetri, P.E., CFM
Civil Engineer
Phone: (817) 748-8089
E-mail: ochhetri@ci.southlake.tx.us
* No Comments
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
* No Comments
Informational Comments:
* All development must comply with the Drainage Ordinance No. 605 and the Erosion and
Sediment Control Ordinance No. 946, as amended.
Case No. Attachment D
ZA15-017 Page 2
* All development must comply with SF-1A Single Family Residential District regulations and/or the
approved variances and special exception use granted by the Zoning Board of Adjustment March
26, 2015 – ZBA-679.
* The existing driveway on the west boundary does not meet driveway spacing requirements for
residential property along Johnson Road (a collector street). The adjacent driveway to the west
measures approximately 20 feet centerline to centerline. The required spacing is a minimum 40
feet.
* 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 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. Attachment D
ZA15-017 Page 3
SURROUNDING PROPERTY OWNERS
Owner Zoning Physical Address Acreage Response
1. Taylor, Diana & Laura Cronin SF1-A 3160 JOHNSON RD 2.04 NR
2. Huffstutler, Andrea & E Blessi SF1-A 3150 JOHNSON RD 2.00 NR
3. Small, Charles J Etux Sharon SF1-B 3204 JOHNSON RD 2.40 NR
4. Small, Charles J & Sharon A SF1-B 3210 JOHNSON RD 1.00 F
5. Matassa, Alejandro Etux Theres SF20B 605 CIMARRON TRL 0.51 NR
6. Osman, Richard J AG 3200 JOHNSON RD 0.42 NR
7. Ryan, Jimmy D Etux Dorothy SF20B 604 CIMARRON TRL 0.51 NR
8. Ogles, Jimmy L SF20B 601 CIMARRON TRL 0.59 NR
9. Hein, Kelly R Jr SF20B 600 CIMARRON TRL 0.59 NR
10. Carpenter, Larry Etux Karen SF1-A 3225 JOHNSON RD 1.12 NR
11. Swiggart, C A & M L Moore SF1-A 3255 JOHNSON RD 1.14 NR
12. Radford, Tod L Etux Sandra B SF30 3155 JOHNSON RD 0.74 NR
13. Desilva, Kevin Etux Amy E SF1-A 135 N PEARSON LN 1.53 NR
14. Yonkman, Bonita SF1-A 230 HARRELL DR 1.03 F
15. Bramlett, Roderick Etux Patric SF1-A 435 N PEARSON LN 1.70 NR
16. Osman, Richard J AG 3200 JOHNSON RD 0.30 NR
17. Babyak, Donna AG 3165 JOHNSON RD 1.07 NR
18. Radford, Tod L Etux Sandra SF1-A 3185 JOHNSON RD 1.15 NR
19. Scheidt, Jonathan J Etux Lois SF1-A 240 HARRELL DR 0.88 NR
20. Keller ISD CS 3095 JOHNSON RD 13.90 NR
NR: No Response F: In Favor O: Opposed U: Undecided
Notices Sent:
Twenty (20)
Responses Received:
Two (2) – in favor (see attached)
Case No. Attachment E
ZA15-017 Page 1
Case No. Attachment E
ZA15-017 Page 2
Case No. Attachment E
ZA15-017 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-694
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 1C1, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, 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 DEVELOPMENT 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,
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
Case No. Attachment F
ZA15-017 Page 1
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 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
Case No. Attachment F
ZA15-017 Page 1
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:
Reserved for legal description
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
Case No. Attachment F
ZA15-017 Page 1
population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and
surface water, parks and other commercial needs and development of the community. They have been
made after a full and complete hearing with reasonable consideration among other things of the
character of the district and its peculiar suitability for the particular uses and with a view of conserving the
value of buildings and encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas,
affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
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
ZA15-017 Page 1
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 ____, 2015.
_________________________________
John Terrell, MAYOR
ATTEST:
_________________________________
Lori Payne, CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the ____ day of ____, 2015.
________________________________
John Terrell, MAYOR
ATTEST:
________________________________
Lori Payne, CITY SECRETARY
Case No. Attachment F
ZA15-017 Page 1
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA15-017 Page 1
EXHIBIT “A”
Reserved for legal description
Case No. Attachment F
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EXHIBIT “B”
Reserved for approved plans
Case No. Attachment F
ZA15-017 Page 1