Item 7BCity of Southlake
Department of Planning
S T A F F R E P O R T
December 28, 2005
ZA05-118
CASE NO:
Zoning Change for Proposed Maranatha Estates
PROJECT:
REQUEST: Terra Land Management Company is requesting approval of a change of zoning from
“AG” Agricultural District to “SF-1A” Single Family Residential District on
approximately 4.7 acres.
It should be noted that this tract of land does not currently front on a public street
maintained by the City of Southlake. Maranatha Way is considered a private street
and was put in place prior to annexation of this property into the City of Southlake.
Any new construction, platting or subdivision of this property will require that the
lot(s) front a street in accordance with the City’s Subdivision Ordinance No. 483, as
amended.
A plat proposing four residential lots, averaging 1.18 acres per lot, has been
submitted concurrently and will be presented for consideration at the January 6, 2006
City Council meeting.
No plan is required to be submitted with a change of zoning to the “SF-1A” single
family residential district.
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
(E) Ordinance No. 480-472
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA05-118
BACKGROUND INFORMATION
OWNER: Southlake/Terra J.V.
APPLICANT: Terra Land Management Company
PROPERTY SITUATION: 1710 Maranatha Way – adjacent to 1500 block of Randol Mill Ave.
LEGAL DESCRIPTION: Tracts 1A06 & 1A9, W. Winn Survey, Abstract No. 1660
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “AG” Agricultural District
REQUESTED ZONING: “SF-1A” Single Family Residential District
HISTORY: There is no development history on this property.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan does not make any recommendations for any
roadways adjacent to this site.
Existing Area Road Network and Conditions
The subdivision is proposing to have four (4) lots with each lot having access
onto Maranatha Way. Maranatha Way intersects with Randol Mill Avenue
to the south.
Currently, Maranatha Way is a 2-lane, undivided private roadway. The
applicant has provided a document showing that it has been dedicated to the
public by deed in 1981. However, the street was not formally accepted by
the City of Southlake.
Traffic Impact
Use # LotsVtpd*AM-AM-PM-PM-
INOUTINOUT
Single-Family Residential 4 38 1 2 3 1
Estimated 4 lot
development
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel
times on Maranatha Way.
PATHWAYS MASTER
Case No. Attachment A
ZA05-118Page 1
PLAN: The Southlake Pathways Master Plan does not recommend any trail or
sidewalk improvements adjacent to this site.
WATER & SEWER: A 6-inch water line exists along the west side of Maranatha Way. No
sanitary sewer lines are located within close proximity to the site. The
applicant is proposing to use private septic systems.
DRAINAGE COMMENTS: Storm water will sheet flow along the existing drainage pattern in the
northwest direction for this development.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Plan Areas B, E, & F study area to include the following
changes:
Land Use Recommendations
Land Use: Low Density Residential. The proposed development is in
compliance with the Land Use Plan.
Environment Resource Recommendations
Locate the building pad sites to maximize tree preservation.
P&Z ACTION: November 3, 2005; Approved (7-0) as presented.
COUNCIL ACTION: November 15, 2005; Approve to Table (6-0) until December 6, 2005.
December 6, 2005; Approved first reading (7-0), accepting the applicant’s
willingness to repair Maranatha Way as needed; prohibiting wood fencing;
and granting the variance for the private road.
STAFF COMMENTS: An application for “SF-1A” zoning does not require submittal of a concept
plan. No review summary was created for this item.
N:\Community Development\MEMO\2005cases\05-118Z.doc
Case No. Attachment A
ZA05-118Page 2
Maranatha Estates
Case No. Attachment B
ZA05-118Page 1
Surrounding Property Owners
Tracts 1A06 & 1A09, W. Winn Survey, Abstract 1660
Maranatha Estates
Owner Zoning Land Use Acreage
1.Integrity Development Inc AG Low Density Residential 1.710
2.Phillips, Bradley Storm AG Low Density Residential 2.466
3.Caranci, Dante P AG Low Density Residential 2.112
4.Spivey, William J & Janice AG Low Density Residential 4.194
5.Caranci, Dante P AG Low Density Residential 0.586
6.Phillips, Bradley Storm AG Low Density Residential 1.441
7.Pruitt, Gerald & Carolyn AG Low Density Residential 1.868
8.Chang, Yin Chun SF-1B Low Density Residential 3.145
9.Chang, Yin Chun AG Low Density Residential 3.482
10.Vann, Lula AG Low Density Residential 0.816
Case No. Attachment C
ZA05-118Page 1
11.Vann, Jimmy J & Linda S AG Low Density Residential 0.402
12.Shatley, Betsy B AG Low Density Residential 1.970
13.Cox, Don C AG Low Density Residential 1.920
14.Cox, Don C AG Low Density Residential 0.373
15.Scott, Jon & Mary AG Low Density Residential 1.176
16.Millard, Katherine / Lee S AG Low Density Residential 1.798
17.Holbein, Susan SF-1A Low Density Residential 1.986
18.Lacayo, Daniel J & Linda M AG Low Density Residential 1.089
19.Lacayo, Daniel J & Linda M AG Low Density Residential 0.987
20.Halek, Jason Andrew AG Low Density Residential 0.968
21.Halek, Jason Andrew AG Low Density Residential 0.845
22.Wells Fargo Bank Minnesota AG Low Density Residential 4.574
Wiggins, Gene D
23.Wells Fargo Bank Minnesota AG Low Density Residential 0.887
Wiggins, Gene D
Case No. Attachment C
ZA05-118Page 2
Surrounding Property Owner Responses
Tracts 1A06 & 1A09, W. Winn Survey, Abstract 1660
Maranatha Estates
Notices Sent: Sixteen (16)
Responses: None (0)
Case No. Attachment D
ZA05-118Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-472
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 ASTRACTS
1A06 & 1A9, SITUATED IN THE W. WINN SURVEY, ABSTRACT NO.
1660, BEING APPROXIMATELY 4.7 ACRES, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG”
AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY
RESIDENTIAL DISTRICT, 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 E
ZA05-118 Page 1
WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area
immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare
of the vehicular and stationary lights and effect of such lights on established character of the neighborhood;
location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size
and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and
in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public
necessity for the zoning changes, that the public demands them, that the public interest clearly requires the
amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or
improved property with reference to the classification which existed at the time their original investment was
made; and,
Case No. Attachment E
ZA05-118 Page 2
WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the
health and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids
undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective
changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best
interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general
health, safety and welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas,
passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Tracts 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being
approximately 4.7 acres, and more fully and completely described in Exhibit “A” from “AG”
Agricultural District to “SF-1A” Single Family Residential District.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Case No. Attachment E
ZA05-118 Page 3
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.
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.
Case No. Attachment E
ZA05-118 Page 4
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 ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if 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.
Case No. Attachment E
ZA05-118 Page 5
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 ___________, 2005.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment E
ZA05-118 Page 6
EXHIBIT “A”
Being Tracts 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being approximately 4.7
acres.
Case No. Attachment E
ZA05-118 Page 7