Item 4M
Department of Planning & Development Services
S T A F F R E P O R T
June 9, 2015
CASE NO: ZA15-054
PROJECT:Zoning Change and Concept Plan for Lot 29 J Childress No. 254 Addition
EXECUTIVE
SUMMARY:
Patricia Brayton is requesting approval of a Zoning Change and Concept Plan
from “AG” Agricultural District and “SF-1A” Single Family Residential District to
“SF-1A” Single Family Residential District on property being described as Tract
2C, J. Childress Survey, Abstract No. 254 and Tract 10, R.D. Price Survey,
Abstract No. 1207, City of Southlake, Tarrant County, Texas located at 3020
SPIN #4
Burney Ln. (formerly 3510 & 3520 Burney Ln.), Southlake, Texas.
REQUEST
DETAILS:
The applicant is requesting approval of a zoning change and concept plan from
“AG” Agricultural District and “SF-1A” Single Family Residential District to “SF-
1A” Single Family Residential District to allow the construction of a single family
residence on 1.98 acres. There was an existing residence on the property, but it
was removed in April 2015 for the construction of a new residence.
The applicant is requesting that a portion of the existing property, Tract 10, R.D.
Price Survey, currently zoned ”AG” Agricultural District, be rezoned as “SF-1A”
Single Family Residential District”. This tract is shown below:
A variance is being requested for the property to allow the lot to front on a
private access easement.
Case No.
ZA15-054
Variance:
Lotting Requirements:
Under Section 8.01 Lotting Requirements of the
Subdivision Ordinance, every lot shall abut on a public street or a private street.
The applicant is requesting a variance to allow the lot to front on a private access
easement. The easement currently serves three other homes.
ACTION NEEDED:1) Consider Zoning Change and Concept Plan Approval 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 June 9, 2015.
(E) Surrounding Property Owners Map and Responses
(F) Ordinance No. 480 -698
(G) Full Size Plans (for Commissioners and Council members only)
STAFF CONTACT:
Ken Baker (817) 748-8067
Case No.
ZA15-054
BACKGROUND INFORMATION
OWNERS:
Patricia Brayton
APPLICANT:
Patricia Brayton
PROPERTY SITUATION:
3510 and 3520 Burney Lane
LEGAL DESCRIPTION:
Lot 29, John Childress No. 254 Addition on property being described as
Tract 2C, J. Childress Survey, Abstract No. 254 and Tract 10, R.D. Price
Survey, Abstract No. 1207, City of Southlake, Tarrant County, Texas.
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING: “
AG” Agricultural District and “SF-1A” Single Family Residential District
REQUESTED ZONING:
“SF-1A” Single Family Residential District
HISTORY:
September 19, 1989; City Council approved the “SF-1A” zoning on tract
2C and the “AG” Agricultural District on Tract 10 with the adoption of
Zoning Ordinance 480 and the Official Zoning Map.
CITIZEN INPUT:
A SPIN meeting was not conducted for this property.
SOUTHLAKE 2030:Consolidated Land Use Plan
The Low Density Residential land use category is defined by the
Southlake 2030 Comprehensive Plan as:
“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.”
The current development being proposed is consistent with the Low
Density land use designation.
TREE PRESERVATION:
The site has approximately 49% tree coverage. For standard single
Case No. Attachment A
ZA15-054 Page 1
family residential zoning districts, the tree preservation ordinance
requires a minimum 50% of the existing trees to be preserved. The plan
complies with this requirement.
UTILITIES:Water
The site has access to an existing 8-inch water line along Burney Road.
Sewer
Sewer lines are not available in this area. The property is required to
meet zoning and Tarrant County regulations for onsite sewage systems.
PLANNING AND
ZONING COMISSION:
June 4, 2015; Approved (6-0) subject to the Zoning Change and
Concept Plan Review Summary No. 1 dated May 29, 2015; subject to
the Staff Report dated May 29, 2015; and granting the variance as
noted.
STAFF COMMENTS
: Attached is the Concept Plan Review Summary No. 2, dated June 9,
2015.
In April 2015, a demolition permit was issued by the City to remove the
existing house from the property.
\\\\SLKSV1057\\THLocal\\Community Development\\MEMO\\2015 Cases\\054 - ZCP - 3510 Burney Lane
Case No. Attachment A
ZA15-054 Page 2
Case No. Attachment B
ZA15-054 Page 1
Plans and Support Information
Proposed Concept Plan
Case No. Attachment C
ZA15-054 Page 1
Narrative
Case No. Attachment C
ZA15-054 Page 2
Tree Preservation
In April 2015, a demolition permit was issued for the existing house on the property. Seven
trees were removed with the demolition of the existing house.
Case No. Attachment C
ZA15-054 Page 3
Site Photographs
View north from the access road (east of driveway)
View north (west of driveway)
View to future residence site (north)
Case No. Attachment C
ZA15-054 Page 4
View west on the private access easement road
View west on the private access easement road
Case No. Attachment C
ZA15-054 Page 5
ZONING CHANGE AND CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA15-054 Review No.: Two Date of Review: 6/9/15
3510 Burney Lane
Project Name:
APPLICANT: Owners:
Patricia Brayton Patricia Brayton
1417 Kensington Ct 1417 Kensington Ct
Southlake, TX 76092 Southlake, TX 76092
Phone: 817-308-3055 Phone: 817-308-3055
Email: pgb@verizon.net Email: pgb@verizon.net
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
5/18/15 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
Patty Moos
Planner I
Phone: (817) 748-8269
Email: pmoos@ci.southlake.tx.us
1. If any, label all existing and proposed fencing and type of fence.
2. Locate the distance to the nearest fire hydrant.
3. Any tree protection must be maintained at all times during the construction.
Lotting Requirements:
4. Under Section 8.01 Lotting Requirements of the Subdivision
Ordinance, street frontage regulation will be required for the lot on the private access
drive. The applicant is proposing a regulation to allow the lot to front on a private drive.
Variance Requested
Informational Comment:
Show and label all minimum building setback lines in accordance with the underlying
zoning and/or any applicable overlay district on the lot.
Tree Conservation/Landscape Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: kmartin@ci.southlake.tx.us
TREE CONSERVATION COMMENTS:
Case No. Attachment D
ZA15-054 Page 1
* The proposed tree removal and protection complies with the regulation of the Tree
Preservation Ordinance.
* 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
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Phone: (817) 748-8274
E-mail: aayala@ci.southlake.tx.us
GENERAL COMMENTS:
* Sanitary sewer services are not available to this site.
* Sight distances shall comply with AASHTO guidelines on adjacent collectors and
arterials.
* Discharge of post development runoff must have no adverse impact on downstream
properties and meet the provisions of Ordinance No. 605.
*=Denotes informational comment.
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: kclements@ci.southlake.tx.us
GENERAL COMMENTS:
.
No comments based on submitted information
General Informational Comments
Case No. Attachment D
ZA15-054 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 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,
Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees.
* Denotes Informational Comment
Case No. Attachment D
ZA15-054 Page 3
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
Zoning Change and Concept Plan for 3510 Burney Road
SPO# Owner Name Zoning Address Acreage Response
Hartman, Michael & K Buescher SF1-A 3560 BURNEY LN 0.81
NR
1.
Ault, Gloria R SF1-A 3570 BURNEY LN 0.97
NR
2.
Curtis, Mary Kathryn SF1-A 3580 BURNEY LN 1.07
NR
3.
O'Connor, Martin V Etux Mary SF1-A 2965 BURNEY LN 5.93
NR
4.
George, David W SF1-A 2984 BURNEY LN 1.10
NR
5.
Housmans, Errol V Etux Leslie SF1-A 2970 BURNEY LN 1.86
NR
6.
Hartman, Jay T SF1-A 3540 CARMEL CT 1.07
NR
7.
Eastwood, Wm S Etux Kollis A SF1-A 3530 CARMEL CT 1.08
NR
8.
Burnett, Patricia H SF1-A 3510 BURNEY LN 2.05
NR
9.
George, David SF1-A 2980 BURNEY LN 0.81
NR
10.
Case No. Attachment E
ZA15-054 Page 1
Del Valle, Thomas Etux Patrici RPUD 3010 BURNEY LN 2.13
NR
11.
Miles, Marylyn E & Etal AG 3185 SOUTHLAKE PARK DR 9.73
NR
12.
Eddins, Michelle R RPUD 3000 BURNEY LN 3.09
NR
13.
U S A AG 110.39
NR
14.
F: In Favor O: Opposed To U: Undecided NR: No Response
Notices Sent:Thirteen (13)
Responses Received: In Favor: 0 Undecided: Opposed:
Case No. Attachment E
ZA15-054 Page 2
Responses
No responses
Case No. Attachment E
ZA15-054 Page 3
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-698
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 ASTRACT 10, R.D. PRICE SURVEY, ABSTRACT NO. 1207,
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING
APPROXIMATELY .13 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 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,
Case No. Attachment F
ZA15-054 Page 1
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 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,
Case No. Attachment F
ZA15-054 Page 2
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 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
Case No. Attachment F
ZA15-054 Page 3
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:
Tract 10, R.D. Price Survey, Abstract No. 1207, City of Southlake, Tarrant County,
Texas , being approximately .13 acres.
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
Case No. Attachment F
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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
Case No. Attachment F
ZA15-054 Page 5
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
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
ZA15-054 Page 6
st
PASSED AND APPROVED on the 1 reading the ______day of _________, 2015.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
nd
PASSED AND APPROVED on the 2 reading the ________ day of _______, 2015.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
ZA15-054 Page 7
EXHIBIT “A”
RESERVED FOR METES AND BOUNDS DESCRIPTION
Case No. Attachment F
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EXHIBIT “B”
RESERVED FOR APPROVED DEVELOPMENT PLAN
Case No. Attachment F
ZA15-054 Page 9