Item 7ICity of Southlake
Department of Planning
STAFF REPORT
July 12, 2006
CASE NO
ZA06 -071
PROJECT: Zoning Change and Concept Plan for 2777 Ridgecrest Drive (1 acre)
REQUEST: Kerry Smith is requesting approval of a zoning change and concept plan to "SF -IA"
Single Family Residential District. The purpose of this request is to allow for removal
of the existing home and reconstruction of a new home on one acre of land.
A variance to the minimum street frontage requirement for residential properties is
requested. This property is served by an unimproved public road dedication.
Although this dedication was offered for public use it was never improved and
accepted by the City. There are three other existing residential lots using this access.
If variance is granted, staff will require that the minimum emergency access and fire
protection standards of the City Fire Code be met.
ACTION NEEDED: 1. Conduct public hearing
2. Consider second reading of zoning change and concept plan approval
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information
Concept Plan Review Summary No. 1, dated May 1, 2006
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -495
Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA06 -071
BACKGROUND INFORMATION
OWNER/APPLICANT: Kerry Smith
PROPERTY SITUATION: The property is located at 2777 Ridgecrest Drive
LEGAL DESCRIPTION: Portion of Tract 1C 1F, J.W. Chivers Survey, Abstract No. 350
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: A zoning change to "RE" Residential Estate District was approved on the 5.8
acre tract to the west of this request for rezoning. A single lot plat for the 5.8
acres was also approved and is awaiting filing.
TRANSPORTATION
ASSESSMENT:
Case No.
ZA06 -071
Muster Thorou ,-hfare Plan
The Master Thoroughfare Plan does not make any recommendations for
roadways adjacent to the proposed subdivision.
E_vistin,a Area Road Network and Conditions
The lot has direct access onto Ridgecrest Drive.
Ridgecrest Drive is currently a 2 -lane, undivided roadway. The capacity of
the existing roadway is approximately 8,400 vehicle trips per day. Under this
condition, the roadway would be considered to operate under a level of
service `D'. Completion of this development will add approximately 10
vehicle trips per day to this section of Ridgecrest Drive. This development is
not expected to warrant expansion of the existing roadway network. There
are no traffic counts for Ridgecrest Drive.
Traf Impact
Use
4 Lots
Vtpd*
AM-
AM-
PM-
PM-
IN
OUT
IN
OUT
Number of Single -Family
1
10
0
1
1
0
Residential Lots
*Vehicle Trips Per Days
* *The AN"M times represent the number of vehicle trips generated during the peak travel
times on Ridgecrest Drive.
Attachment A
Page 1
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not make any recommendations
adjacent to the site.
WATER & SEWER: An 8" water line exists along the east side of Ridgecrest Drive. Sanitary
sewer was brought to the area with the development of Oak Pointe Phase 1.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
DRAINAGE ANALYSIS: This property drains to the east toward the existing pond and the USA corp.
of engineers' property
SOUTHLAKE 2025: Land Use Plan Recommendations
Land use designation — Low Density Residential.
P &Z ACTION: May 18, 2006; Approved (5 -0) subject to Concept P1anReview SummaryNo.
1, dated May 12, 2006; granting the requested variance, requiring the
minimum emergency access and fire protection standards of the City Fire
Code be met.
COUNCIL ACTION: June 20, 2006; Approved first reading (7 -0) subject to Concept Plan Review
Summary No. 1, dated May 12, 2006.
STAFF COMMENTS: Concept Plan Review Summary No. 1, dated May 12, 2006 is included as
attachment `D' of this report.
N: \Cotmuunity Development \MEMO \2006cases \06- 071ZCP.doc
Case No. Attachment A
ZA06 -071 Page 2
Vicinity Map
Case ZA0 -071
W1
Case No.
ZA06 -071
"SF -'IA's Zoning Change Request
2777 Ridgecrest Der
Attachment B
Page 1
E
1000 0 1440 2000 3004 Feet
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AADWC70V 09C 'ON SbF-WH Mr
a'-UP C7NV i-W SLOT '649WS JUREUV
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CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA06 -071 Review No.: One Date of Review: 05/12/06
Project Name: Concept Plan — Lots 4R1 and 4R2 J.W. Chivers Survey No. 350
APPLICANT:
Kerry Smith (817) 454 -5710
Peter Lane (817) 488 -6509
SURVEYOR:
Analytical Surveys
Phone: (972) 272 -6287
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05 /01 /06AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT
PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT DENNIS KILLOUGH AT (817) 748 -8072
1) All lots must comply with street frontage requirements of the subdivision ordinance. Variance
Requested
The sole purpose of this plan is to demonstrate that the approximate 1.5 acres subject to the rezoning
to "RE" is to be combined with the adjoining "RE" zoned 5.8 acres such that the minimum lot area of
this district is compliant
All development must comply with the City's Drainage Ordinance No. 605 and detain all post
development run -off and with applicable zoning, subdivision and building code regulations.
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, and a 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.
ZA06 -071
Attachment D
Page 1
Surrounding Property Owners
2777 & 2787 Ridgecrest Dr
14 11 1 2 3 Zoning Change
Boundary
21
5 22
4
15 8
16
?o
7
19 18
12 13
17 10
Owner
1.
Dayton, Janeen
2.
Kitchens, Dale & Nancy L
3.
Svete, David W & Margaret M
4.
H Creek Development LLC
5.
Swank, Gregory & Julane J
6.
H Creek Development LLC
7.
H Creek Development LLC
8.
Hochstein, A L & Carrie L
9.
Spruiell, Johnie P & Cynthia A
10.
Davidson, Gary W & Mary F
11.
Jones, Herbert A II
12.
Coxsey, Stephen & Diana
13.
Coxsey, Stephen & Diana
Case No.
ZA06 -071
Zoning Land Use Acreage
SF-IA
Low Density Residential
1.040
SF-IA
Low Density Residential
1.0
SF-IA
Low Density Residential
1.371
R -PUD
Low Density Residential
0.748
R -PUD
Low Density Residential
0.629
R -PUD
Low Density Residential
0.598
R -PUD
Public Parks / Open Space
3.808
SF-IA
Low Density Residential
3.42
SF-IA
Low Density Residential
3.83
SF-IA
Low Density Residential
1.727
AG
Low Density Residential
0.595
AG
Low Density Residential
1.16
AG
Low Density Residential
4.92
Attachment E
Page 1
14. Talley, Michael & Kathleen
AG
Low Density Residential
1.0
15. U S A
AG
Army Corps of Engineers
2.6
16. Lane, Peter & Ginny
RE
Low Density Residential
5.82
17. Keen, Thomas A
AG
Low Density Residential
6.66
18. Keen, Thomas A
AG
Low Density Residential
0.66
19. Keen, Thomas A
AG
Low Density Residential
1.68
20. Smith, Kerry L & Amy C Bond
AG
Low Density Residential
2.54
21. Vetter, Vincent A & Deanne
AG
Low Density Residential
2.56
22. Vetter, Vincent A & Deanne
AG
Low Density Residential
0.08
Case No. Attachment E
ZA06 -071 Page 2
Surrounding Property Owner Responses
2777 & 2787 Ridgecrest Dr
Notifications Sent: Fifteen (15)
Responses Received: One (1)
• Janeen Dayton, 3001 Loch Meadow Ct (SPO # 1), filed an Official Opposition Petition with the
City on June 2, 2006. (Within 200 -feet of the Concept Plan boundary but NOT within 200 -feet of
the Zoning Change boundary)
Case No.
ZA 06 -071
Attachment F
Page 1
Property Owner Response Form
Reference: ZA -CC-z> 07o
Z4 06 - v71
(please print,your nacre and address belosn as it appeared orr your° certified letter fi•orrr the ci),)
I'l-n 41, 0,-)
TOO 'I- tt - I G 0 '�� I
C L"'k �'
Being the owner(s) of the property so noted, do hereby ,favor oppose circle or
underline one) the proposed rezoning of the above referenced property.
Date
Case No.
ZA 06 -071
NotaryR blic
Public, personally appeared Marva. anppn personally known to me
(or provided to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in
his authorized capacity, and that by his signature on the instrument, the person, or the
entity upon behalf of which the person acted, executed the instrument.
On � UVI�I- 2— 200 CP before me, _ t� F_ (offEfr2({ Notary
My commission expires: K�Dj. I
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
817 - 748 -8069
6 a -acs
(sea]
r' �. CLAYTON E, COMSTOCK
Notary Public, State of Texas
i." My Commission Expires
November 14, 2009
'�drnnnn
RECD D J U N 0 2 2006
Attachment F
Page 2
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -495
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 TRACT 1C1F, SITUATED IN THE J.W. CHIVERS
SURVEY, ABSTRACT NO. 350, BEING APPROXIMATELY 1.00
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -IA"
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.
ZA06 -071
Attachment G
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,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment G
ZA06 -071 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 Tract 1C1F, situated in the J.W. Chivers Survey, Abstract No. 350, being
approximately 1. 00 acres, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "SF-IN' Single Family Residential District as depicted on the approved
Concept Plan attached hereto and incorporated herein as Exhibit "B ".
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.
ZA06 -071
Attachment G
Page 3
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.
SECTION 6.
Case No. Attachment G
ZA06 -071 Page 4
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.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
Case No.
ZA06 -071
Attachment G
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2006.
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.
ZA06 -071
Attachment G
Page 6
EXHIBIT "A"
Being a portion of Tract 1CIF, situated in the J.W. Chivers Survey, Abstract No. 350, being approximately
1.00 acres.
PROPOSED LOT 4R. -2
Being a tract of land located in the Joel W. C:hivers Survey, Abstract No, 350, and being
part of a called 2.55 were tract of land described in a decd to Amy Carson Bond, recorded
in Volume 10805, Page 1725, Deed Records, Tarrant County, Texas, and being more
particularly described as follows_
BEGNNING at a 1/2" iron rod with a yellow plastic cap stamped "RI LS 5314" set at the
Northwest corner of Lot 2, Block 1, of Spring Oak Addition, an Addition to the City of
Southlake, Tarrant County, Texas, according to the plat thereof rccorded in Volume 388-
1'74, Page 20, Plat Records, Tarrant County, 'Texas;
THENCE North 14"59'14" West, along the Bast line of said road dedication, a distance
of 25.00 feet to a 1J2" iron red with a yellow plastic cap stamped "RPLS 5310" set for
corner at the Northeast comer thereof;
THENCE South 75'00'46" West, along the North line of said Road !Dedication, a
distance of 49.50 feet to a 1f2" iron rod with a yellow plastic cap stamped `RPLS 5310"
set at the beginning of a tangent curve to the right, having a radius of 73.50 feet, a central
angle of 32'19':35 ", and a chord which bears North 89°49'27" West, a distance of 43.74
feet;
TI IENC;E in a Northwesterly direction, along said curve to the right, an are distance c
4 4.2 9 feet to a 112" iron rod with a yellow plastic: cap st.ampQd "RPLS 5310" set at the
end of said curve;
THENCE North 72 West, continuing along the North line of said Road
Dedication, a distance of 44.00 feet to a 112" iron rod with a yellow plastic: cap stamped
"RPLS 5310" set at the beginning of tangent curve to the left, having a radius of
203.80, a central angle of 04'1 Y59 ", and a chord which bears North 7445'13" Nest, a
distance of 14.9 fi et.;
THENCE in a Northwesterly direction, m arc distance of 14,94 feet to a 112" iron roil
with a yellow plastic cap stamped "RPLS 5310" set at the end of said curve;
THENCE North 1258'06;' East, a distance of 276.92 feet to a 112" iron rod with a
yellow plastic cap stamped "RPLS 5310" set for comer;
THENC E :South 49 °20' 11" East, a distance of 264.90 feet to a 112" iron rod with a
yellow plastic cap stamped "RPLS 5310" set for corner;
THENCE South 40 °39'49" West, a distance of 166.82 feet to the PLACE OF
13EG1NNING and containing 43,560 square feet OT 1,000 acre of [arid.
Case No.
ZA06 -071
Attachment G
Page 7
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