Item 6F
Department of Planning & Development Services
S T A F F R E P O R T
April 29, 2015
CASE NO: ZA15-022
PROJECT: Zoning Change and Concept Plan for 1483 Brown Lane
EXECUTIVE
SUMMARY:
Area Surveying, Inc., on behalf of John Allen Samson, is requesting approval of
a Zoning Change and Concept Plan from “AG” Agricultural Zoning District to
“SF-1A” Single-Family Residential District for the construction of a new single-
family residence on approximately 1.95 acres located at 1483 Brown Lane.
SPIN Neighborhood # 5
DETAILS:
Area Surveying, Inc. is requesting approval of a Zoning Change and Concept
Plan from “AG” Agricultural Zoning District to “SF-1A” Single-Family Residential
District for the construction of a new single-family residence. The existing home
and accessory buildings on the site will all be demolished with the exception of
an approximately 1,500 square foot garage that is located towards the rear of
the property that was permitted by the City in December of 1993.
A Plat Showing is also being processed administratively by staff under Planning
Case ZA15-020 that will be contingent upon the approval of this request.
ACTION NEEDED:1) Conduct Public Hearing
nd
2) Consider 2 Reading Zoning Change & Concept Plan Request
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
(D) Concept Plan Review Summary No. 2, dated April 2, 2015
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480-691
(G) Full Size Plans (For Council Members Only)
STAFF CONTACT:
Ken Baker (817) 748-8067
Daniel Cortez (817) 748-8070
Case No.
ZA15-022
BACKGROUND INFORMATION
OWNER:
John Allen Samson
APPLICANT:
Area Surveying Inc.
PROPERTY SITUATION:
1483 Brown Ln.
LEGAL DESCRIPTION:
Tract 1G5, J.H. Childress Survey Abstract No. 253
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“SF-1A” Single-Family Residential District
HISTORY:
-On October 20, 1987 the City Council approved Ordinance No. 385
which annexed the area in which this property is located into the City of
Southlake.
-According to Tarrant Appraisal District records, the existing home on
the property was constructed in 1965.
SOUTHLAKE 2030:Consolidated Future Land Use Plan
The Southlake 2030 Future
Land Use Plan designates this
property as Low Density
Residential. The Low Density
Residential land use designation
is defined within Southlake 2030
as the following:
“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
described previously. The Low Density Residential category encourages
the openness and rural character of the City of Southlake.”
As proposed, the applicant is consistent with the future land use plan.
TRANSPORTATION
ASSESSMENT: Area Road Network and Conditions
The existing residence has access onto Brown Lane which is a private
easement but also has access to Randol Mill Avenue, a two-lane local
residential street.
TREE PRESERVATION:
There is approximately 81% tree coverage on this site. The applicant
has indicated that they will preserve at a minimum 50% of that existing
tree cover on site. The Tree Preservation Ordinance No. 585-D requires
the applicant preserve a minimum of 30% of the tree cover on site. As
proposed, the applicant meets the ordinance requirement.
Case No. Attachment A
ZA15-013 Page 1
UTILITIES:
Water
There is an existing 12-inch water line along the north boundary of the
property under Randol Avenue that the applicant is indicating they will
connect to.
Sewer
The applicant is proposing to remain on a septic system. The lot must
comply with Section 33.14 of the City’s Zoning Ordinance No. 480 as it
pertains to Health Regulations – Sewage Disposal.
PLANNING & ZONING
COMMISSION:
April 9, 2015; Approved (4-0) subject to Concept Plan Review Summary
No. 2, dated April 2, 2015 and also the staff report dated April 2, 2015.
st
CITY COUNCIL:1 Reading
April 21, 2015; Approved (7-0) on consent.
STAFF COMMENTS
: Attached is Concept Plan Review Summary No. 2, dated April 2, 2015.
N:\\Community Development\\MEMO\\2015 Cases\\022 - ZCP - 1483 Brown\\Staff Report
Case No. Attachment A
ZA15-013 Page 2
Case No. Attachment B
ZA15-022 Page 1
Plans and Support Information
Case No. Attachment C
ZA15-013 Page 1
Case No. Attachment C
ZA15-013 Page 2
Case No. Attachment C
ZA15-013 Page 3
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA15-022 Review No.: Two Date of Review: 04/02/2015
Project Name: 1483 Brown Lane
APPLICANT: Area Surveying, Inc. OWNER:
Roger W. Hart Jon Allen Samson
6080 S. Hulen St., Suite 360 #226 2436 Southern Hills Drive
Fort Worth, TX 76132 Keller, TX 76248
Phone: (817) 294-4490 Phone: (817) 807-5747
Fax: Fax:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/01/2015 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
Daniel Cortez, AICP
Principal Planner
P: (817) 748-8070
E: dcortez@ci.southlake.tx.us
1. All development must comply with the underlying zoning district. The development of this lot
as requested appears to comply with this requirement.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
* 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.
Case No. Attachment D
ZA15-022 Page 1
Public Works/Engineering Review
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS:
* A sanitary sewer main is not available to this lot; dwelling on septic system.
* Street intersections shall comply with TDLR/ADA accessibility standards.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials.
* Sidewalk widths shall conform to the Southlake Pathways Plan.
* Discharge of post development runoff must have no adverse impact on downstream properties
and meet the provisions of Ordinance No. 605.
General Informational Comments
* If the permitted use is not to be immediately served by a sewage collection system connected
to an approved community treatment plant or public sewage facility, then such use shall be
connected to an approved on-site sewage facility (OSSF) designed and constructed in
conformance with the methods and standards approved by the State Department of Health,
City's Plumbing Code, and Ordinance No. 514. Where the use of an on-site sewage facility
(OSSF) is to be employed, the minimum lot size must be one acre per family, residence or
commercial structure, with a minimum usable area of at least one acre, and the use must be
approved by the City Council of the City of Southlake. The minimum usable area requirement
of one (1) acre per lot shall exclude all areas of the lot (As amended by Ordinance 480-JJJ
and 480-VVV):
a) In any flood plains as identified on the Federal Emergency Management Agency (FEMA)
Flood Insurance Rate Maps (FIRM);
b) In any drainage and flowage easements; and
c) Having topographical limitations as regulated under the standards for on-site sewage
facilities in the Texas Administrative Code Chapter 285.
For properties proposing an on-site sewage facility, a plan is required that shows the type and
location of the on-site sewage facility, topography of the site, location of spray fields, all
easements, impact on any existing trees, and any additional information required by the
Authorized Agent responsible for on-site sewage facility permitting and inspections. (As
amended by Ordinance No. 480-YYY.)
All lots to be served by a private or septic system must have that system installed in
accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of
any building or structure shall be prohibited and no certificate of occupancy issued unless the
provisions of this subsection and of subsection 33.13 are fully complied with. (As amended by
Ordinance No. 480-C.)
Case No. Attachment D
ZA15-022 Page 2
* 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.
* Development must comply with all requirements in the underlying zoning of the property as
required in the City’s Zoning Ordinance No. 480.
* 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, Perimeter Street
Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* Barbed wire fences may be used without restrictions when in conjunction with agricultural and
related activities; provided, however, no barbed wire fence shall be located on any platted
property which is zoned for single family residential use.
Existing fences that were constructed prior to the adoption of this section that were
constructed with materials not currently permitted by this section may be maintained as long
as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the
Administrative Official determines the existing fence is unsafe, dilapidated, or a public
nuisance the fence must be repaired with materials approved by this section or removed. The
repairs must be made in complete sections extending a minimum of support post to support
post. If the Administrative Official determines the extent of repair on any existing fence
(materials in non-compliance) is in excess of fifty (50) percent of the linear length of the total
fence or more than a combined 100 linear feet then the entire fence must be replaced with
materials approved by this section.
* Denotes Informational Comment
Case No. Attachment D
ZA15-022 Page 3
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
1483 Brown Lane
SPO# Owner Name Zoning Address Acreage Response
Allen, Jeffrey R Etux Rachel W AG 1584 RANDOL MILL AVE 1.19
1. NR
Moser, Jamie AG 1440 BROWN LN 2.27
2. NR
Kettering, Steven W AG 1580 RANDOL MILL AVE 1.04
3. F
Kettering, Steven W AG 1580 RANDOL MILL AVE 0.14
4. F
Cox, Don C AG 1560 RANDOL MILL AVE 1.74
5. NR
Cox, Don C AG 1564 RANDOL MILL AVE 0.37
6. NR
Millard, Katherine Etvir Lee S AG 1570 RANDOL MILL AVE 1.79
7. NR
Dilley, Ermilo D RPUD 1309 BILTMORE DR 0.99
8. NR
Four Peaks-Rm Inc RPUD 1317 BILTMORE DR 0.08
9. NR
Craig, Dusty M AG 1483 BROWN LN 2.06
10. NR
O'Malley, Terrence P Etux Gail AG 1480 BROWN LN 2.78
11. NR
Ruiz, Frederick & Michaela RPUD 1577 RANDOL MILL 1.62
12. NR
Ruiz, Frederick & Michaela RPUD 1313 BILTMORE DR 1.01
13. NR
Westwyck Hills Hoa Inc RPUD 1300 BILTMORE DR 0.46
14. NR
Brohan, Karl J W AG 1441 BROWN LN 1.77
15. NR
Four Peaks-Rm Inc RPUD 1316 BILTMORE DR 0.10
16. NR
F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:
Sixteen (16)
Responses Received:
One (1)
Case No. Attachment E
ZA15-022 Page 1
Case No. Attachment E
ZA15-022 Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-691
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING
DESCRIBED AS TRACT 1G5, J.H. CHILDRESS SURVEY
ABSTRACT NO. 253, CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS , BEING APPROXIMATELY 1.95 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
ZA15-022 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
Case No. Attachment F
ZA15-022 Page 2
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 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 1G5, J.H. Childress Survey Abstract No. 253, City of
Southlake, Tarrant County, Texas , being approximately 1.95 acres, and more
Case No. Attachment F
ZA15-022 Page 3
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:
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
Case No. Attachment F
ZA15-022 Page 4
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.
Case No. Attachment F
ZA15-022 Page 5
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.
Case No. Attachment F
ZA15-022 Page 6
stst
PASSED AND APPROVED on the 1 reading the 21 day of April, 2015.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
ndth
PASSED AND APPROVED on the 2 reading the 5 day of May, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA15-022 Page 7
EXHIBIT “A”
Reserved for Approved Metes and Bounds Description
Case No. Attachment F
ZA15-022 Page 8
EXHIBIT “B”
Reserved for Approved Concept Plan
Case No. Attachment F
ZA15-022 Page 9