Item 8CCity of Southlake
Department of Planning
STAFF REPORT
March 15, 2006
CASE NO: ZA05 -164
P ROJECT: Zoning Change for a portion of Lot 1, Block 1, Arnold Estates
REQUEST: On behalf of Mills Custom Homes Jay Wasserman is requesting approval of a zoning
change from "RE" Single Family Residential Estate Districtto "SF -IA" Single Family
Residential District on approximately 3 acres. This 3 acre tract is the remaining
portion of a total 5 acre platted lot that was subdivided by metes and bounds in June of
1997without filing an approved plat. This property and the other 2 acres have been
sold to two different parties other than the party which may have engaged in the act of
subdivision. The 3 acres does not comply with the minimum 5 acre lot area
requirement of the RE district and must be rezoned to allow for a replat to be
processed. A two lot plat revision is expected to be presented for consideration at the
April 4, 2006 City Council meeting. The proposed lots are approximately 1.6 acres
and 1.4 acres.
No plan is required to be submitted with a request for "SF -1A" single family
residential development.
The Planning and Zoning Commission recommended denial of this item (6 -0) on
March 9, 2006 and there is opposition exceeding 20 percent of the surrounding
properties within 200 feet. Both of these conditions require a super majority vote (6 of
7 of the City Council members) to approve this request.
ACTION NEEDED: 1. Consider approval of zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
(E) Ordinance No. 480 -484
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA 05 -164
BACKGROUND INFORMATION
OWNER: Mills Custom Homes
APPLICANT: Jay Wasserman
PROPERTY SITUATION: 520 W. Highland Street
LEGAL DESCRIPTION: Portion of Lot 1, Block 1, Arnold Estates
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "RE" Single Family Residential Estate District
REQUESTED ZONING: "SF-IA" Single Family Residential District
HISTORY: -A change of zoning to "RE" was approved by City Council on January 2, 1990.
-City Council approved a preliminary plat for Arnold Estates on December 19,
1989.
-A final plat was approved by City Council on February 20, 1990.
TRANSPORTATION
ASSESSMENT:
Case No.
ZA 05 -164
Master Thorou -Nitre Plan
The Master Thoroughfare Plan recommends W. Highland Street to be a 2 -lane,
undivided collector roadway with 70 feet of right -of -way adjacent to this site.
Adequate right -of -way dedication will be required with a plat revision.
Existinz Area Road Network and Conditions
The lot has direct access onto W. Highland Street.
Currently, W. Highland Street is a 2 -lane, undivided roadway. The capacity of
the existing roadway is approximately 8,400 vehicle trips per day. Under this
condition, the roadways would be considered to operate under a level of
service `D'. This development is not expected to warrant expansion of the
existing roadway network. No plans for improvement in the near future have
been made for W. Highland Street.
May, 2005 traffic counts on W. Highland St (between Shady Oaks &
White Chapel Blvd
24hr
West Bound (WB) (1,252
East Bound (EB) (1,425
WB
Peak A.M. 139 7:45 - 8:45 a.m.
Peak P.M. 164 2:45 - 3:45 p.m.
EB
Peak A.M. 280 7:45 - 8:45 a.m.
Peak P.M. 187 2:45 - 3:45 p.m.
Attachment A
Page 1
Traffic Impact
PATHWAYS MASTER
PLAN:
Use
# Lots
Vtpd*
AM-
AM-
PM-
PM-
IN
OUT
IN
OUT
Number of Single - Family
3
29
1
2
2
1
Residential Lots
*Vehicle Trips Per Day
* *The AM/PM times represent the number of vehicle trips generated during the peak travel
times on W. Highland Street.
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 south side of W. Highland Street. No
sanitary sewer lines exist in the immediate area. The proposed lot sizes permit
the use of private sewer systems.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the Areas B, E, & F study area to include the following changes:
Land Use Recommendations
• Existing land use designations — Low Density Residential. The proposed
development complies with the Low Density Residential land use
designation.
Environment Resource Recommendations
• Preserve trees to the maximum extent feasible. Buildings must be located
on the site to maximize tree preservation.
P &Z ACTION: March 9, 2006; Recommended denial (6 -0).
STAFF COMMENTS: An application for "SF -IA" zoning does not require submittal of a concept
plan. No review summary was created for this item.
N: \Coimnunity Development \MEMO \2005cases \05- 164Z.doc
Case No. Attachment A
ZA 05 -164 Page 2
Vicinity Map
Portion of Lot 1, Block 1, Arnold Estates
E
Case No. Attachment B
ZA 05 -164 Page 1
1040 0 1040 2000 3000 Feet
Surrounding Property Owners
Pnrtinn nfT nt 1 Rind- I Arnold Fatntes
12
IIE
10
Case No.
ZA 05 -164
Attachment C
Page 1
Owner
Zoning
Land Use
Acreage
1.
Gray, Robert & Sara
SF-IA
Low Density
Residential
2.0
2.
Gaines, Robert & Beverly
SF-IA
Low Density
Residential
2.34
3.
Marks, William & Jill
SF-IA
Low Density
Residential
2.0
4.
Arnold, Mary
Mills Custom Homes
RE
Low Density Residential
5.
Gray, Robert & Sara
RE
Low Density
Residential
6.
Bredenber , R D & Diane
SF-IA
Low Density
Residential
4.708
7.
Keene, J Randall & Terri
SF-IA
Low Density
Residential
4.99
8.
Fle s, John J & Petronella
Low Density
Residential
1.64
9.
Williamson, Ray & Vicki
SF-IA
Low Density
Residential
2.33
10.
Raley, Timothy & Jennie
AG
Low Density
Residential
1.0
11.
Seebeck, Doreen L
AG
Low Density
Residential
2.0
12.
Raley, Timothy & Jennie
AG
Low Density Residential
2.0
Case No.
ZA 05 -164
Attachment C
Page 1
Surrounding Property Owner Responses
Portion of Lot 1, Block 1, Arnold Estates
Notices Sent: Ten (10)
Responses Received: None (0)
Case No.
ZA 05 -164
Attachment D
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -484
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 A
PORTION OF LOT 1, BLOCK 1, ARNOLD ESTATES, BEING
APPROXIMATELY 2.96 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE
FAMILY RESIDENTIAL ESTATE DISTRICT TO "SF -IA" 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 "RE" Single Family Residential
Estate 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
Case No. Attachment E
ZA05 -164 Page 1
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,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment E
ZA05 -164 Page 2
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 a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant
County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas,
being approximately 2.96 acres, and more fully and completely described in Exhibit "A" from
"RE" Single Family Residential Estate District to "SF -IA" Single Family Residential District.
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.
Case No.
ZA05 -164
Attachment E
Page 3
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subj ect 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.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
Case No. Attachment E
ZA05 -164 Page 4
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.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required
Case No. Attachment E
ZA05 -164 Page 5
by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the
MAYOR
ATTEST:
day of , 2006.
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.
ZA05 -164
Attachment E
Page 6
104 11 - MM
Being a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County,
Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.96
acres.
OWNER'S CERTIFICATE
STATE OF TEXAS
COUNTY OF T,4RRANT
MIE EAS, MnIs Custorn Hornee, Inc,. Is the aole owner of a portion of Bloch 1, Lot
1 altuated in the Arnold Estatas Addition to the City of South cka, Tarrant County.
Texas, according to the deed recorded in Volume 16133, Page 397, DIRTC, and
Cabinst A, Slide 387 PRTGT, and more particularly described as follows.
BEING u portion of Lot 1. Block 1. Arnold Estates, recorded In Volume 16153, Page
397, and Cabinet A. Slide 387, Flat Records Tarrant County, Texas, also known as
Hlack 1, Lot 1A, Tarrant Appraisal District and being described b metes and
bounds as follows:
BEGINNING at a i' Iran pin In the present north rfgbt- µof-gray Ilre of Vest Highland
Rwd, being the southeast comer of this tract;
THENCE South 891'32'00' West aiong the north tight- of -xay fine of week Highland
Road 344.79 fart to a P iron rod for the southwcxt corner of this tract;
THENCE North 00'25'21" West 374,68 feet to a I Iran pin for the northenst corner
of this tract;
TH NCE South QD' I S'33" East, 373�30 feet to the point of beginning and containing
12% %68.284 square feat or 2.963 acres of land.
Case No. Attachment E
ZA05 -164 Page 7