Item 8CCity of Southlake
Department of Planning
STAFF REPORT
July 12, 2006
CASE NO: ZA06 -049
PROJECT: Zoning Change for Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract
No. 1068 — proposed Villa Constante
REQUEST: On behalf of the LaHoda Group, Adams Engineering is requesting approval of a zoning
change from "AG" Agricultural District to "SF -IA" Single Family Residential District.
This application was submitted prior to the amendment made to the zoning ordinance
which would require a concept plan with a change of zoning to the "SF-IN' single
family residential district. Therefore, no concept plan is included. A preliminary plat
proposing one residential lot of 2.51 acres has been submitted concurrently and will be
presented for consideration concurrently with the second reading of the zoning change.
A summary of the proposal follows:
Requested Zoning Change from "AG" to "SF -IN'
Land Use Designation -
Low Density Residential
Gross/Net Land Area -
2.51 acres
No. of Residential Lots -
1 lots
Gross/Net Density -
0.40 du /acre
Average Lot Area -
2.51 acres.
It should be noted that this tract of land does not currently front on a public street
maintained by the City of Southlake. Our Lane is considered a private street and was
created prior to annexation into the City. 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 variance to this requirement subject to
meeting the minimum emergency access and fire protection standards is requested.
ACTION NEEDED: Consider first reading for zoning change approval
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
Background Information
Vicinity Map
Current Land Survey and Proposed Preliminary Plat
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -498
STAFF CONTACT: Ken Baker (748 -8067) or Dennis Killough (748 -8072)
Case No.
ZA 06 -049
BACKGROUND INFORMATION
OWNER:
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING
HISTORY:
TRANSPORTATION
ASSESSMENT:
PATHWAYS MASTER
PLAN:
Case No.
ZA 06 -049
The LaHoda Group
Adams Engineering
The property is located at 1801, 1815, and 1829 Our Lane (Private Drive).
Tracts 2C, 2C5, and 2C6, William H. Martin Survey, Abstract No. 1068
Low Density Residential
"AG" Agricultural District
"SF -IA" Single Family Residential District
There is no development history on the property.
Master Thoroughfare Plan
The Master Thoroughfare Plan does not make any recommendations for Our
Lane or Randol Mill Avenue adjacent to this site.
Existin- Area Road Network and Conditions
The subdivision is proposing to have one (1) lot with access onto Our Lane.
Our Lane intersects with Randol Mill Avenue to the south.
Currently, Our Lane is an unimproved private roadway established by a 60 -foot
private road easement.
Traffic Impact
Use
# 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 Day
"The The AM /PM times represent the number of vehicle trips generated during the peak travel times
on Our Lane.
The Southlake Pathways Master Plan does not make any recommendations
adjacent to this project.
Attachment A
Page 1
WATER & SEWER: The applicant is proposing two options for providing water to the site. Option
`A' will bring an 8 -inch water line from the Saddlcreek Estates subdivision to
the north. Option `B' will bring an 8 -inch water line from an existing 12 -inch
water line along the south side of Randol Mill Avenue.
TREE PRESERVATION: The application was submitted prior to adoption of Tree Preservation
Ordinance No. 585 -C. A full tree survey will be required with application for a
building permit. An aerial photo was submitted in compliance with the Tree
Survey requirements of the Tree Preservation Ordinance No. 585 -B.
DRAINAGE ANALYSIS: The property drains to the north to Kirkwood Branch.
SOUTHLAKE 2025: Land Use Plan Recommendations
Land use designation — Low Density Residential.
P &Z ACTION: July 6, 2006; Approved (5 -0) as presented.
STAFF COMMENTS: At the time of submittal, an application for "SF -IN' zoning did not require
submittal of a concept plan. No review summary was created for this item. A
preliminary plat proposing one residential lot of 2.51 acres has been submitted
concurrently and will be presented for consideration with the zoning.
M \Community Development \MEMO \2006cases \06- 049Z.doc
Case No. Attachment A
ZA 06 -049 Page 2
Vicinity Map
Villa Constante
Case No.
ZA 06 -049
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Attachment B
Page 1
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Case No.
ZA 06 -049
Attachment C
Page 3
AERIAL EXHIBIT FOR TREE PRESERVATION NO. 585 -B
Surrounding Property Owners
Villa Constante
1
1❑ Io '17
. 1 . 1
5 '15 1 I 1
Owner
Zoning
Land Use
Acreage
1. Silverman, Eric S & Sheri
SMA
Low Density Residential
2.491
2. Simmons Homes Lp
SMA
Low Density Residential
2.056
3. Spuria, David & Deanna
SMA
Low Density Residential
3.105
4. Chang, Yin Chun
AG
Low Density Residential
5.63
5. Chang, Yin Chun
AG
Low Density Residential
2.9
6. Norton, Leroy E
AG
Low Density Residential
1.09
7. Breisch, Bruce C
AG
Low Density Residential
0.27
8. Breisch, Bruce C
AG
Low Density Residential
0.06
9. LaHoda Group Inc
AG
Low Density Residential
0.77
10. Shatley, Josh
AG
Low Density Residential
0.68
11. Burger, Gene
AG
Low Density Residential
0.172
12. Ankerson, Lee & Adrianne
AG
Low Density Residential
0.84
13. LaHoda Group Inc
AG
Low Density Residential
0.82
14. LaHoda Group Inc
AG
Low Density Residential
0.85
15. Shatley, Betsy B
AG
Low Density Residential
1.93
16. Shatley, Josh Lou
AG
Low Density Residential
1.09
17. Johnson, Scott A
AG
Low Density Residential
0.52
18. Johnson, Scott A
AG
Low Density Residential
0.57
Case No.
ZA 06 -049
Attachment D
Page 1
Surrounding Property Owner Responses
Villa Constante
Notices Sent: Eleven (11)
Responses Received: None (0)
Case No.
ZA 06 -049
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -498
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 TRACTS
2C, 2C5, AND 2C6, SITUATED IN THE WILLIAM H. MARTIN
SURVEY, ABSTRACT NO. 1068, BEING APPROXIMATELY 2.51
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 -049
Attachment F
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 F
ZA06 -049 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 Tracts 2C, 2C5, and 2C6, situated in the William H. Martin Survey, Abstract No. 1068,
being approximately 2.51 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 -049
Attachment F
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 F
ZA06 -049 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 -049
Attachment F
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the Ist 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 -049
Attachment F
Page 6
EXHIBIT "A"
Being Tracts 2C, 2C5, and 2C6, situated in the William H. Martin Survey, Abstract No. 1068, being
approximately 2.51 acres.
LEGAL DESCRIPTION
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE WILLIAM MARTIN SURVEY. ABSTRACT NUMBER 1D68, TARRANT COUNTY, TEXAS. AND
BEING ALL OF THAT CERTAIN TRACT I DESCRIBED IN DEED TO LARRY G. COKER, RECORDED IN VOLUME 13019, PAGE 457, DEED RECORDS, TARRANT
COUNTY, TEXAS, BEING ALL OF THAT CERTA €N TRACT It DESCRIBED IN DEED TO LARRY G. COKER, RECORDED IN VOLUME 13019, PAGE 457, DEED
RECORDS, TARRANT COUNTY. TEXAS. BEING ALL OF TF'AT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO LARRY G. COKER RECORDED IN VOLUME
130141, PAGE 450. DEED RECORDS, TARRANT COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
SEGINNING AT A 112' REBAR FOUND AT THE NORTH WEST CORNER OF SAID TRACT 1 WHICH BY DEED CALL BEARS NORTH 66 DEGREES 53 MINUTES EAST
A DISTANCE OF 843.0 FEET, NORTH A DISTANCE 365.0 FEET, AND NORTH 00 DEGREES 04 MINUTES WEST. 3092 FEET FROM THE SOUTHWEST CORNER OF
SAID WILLIAM MARTIN SURVEY AS DESCRIBED IN SAID VOLUME 13019. PAGE 457:
THENCE ALONG THE NORTH LINES OF SAID TRACT L TRACT II AND SAID TRACT OF LAND DESCRIBED IN ADEED TO LARRY G. COKER, RECORDED IN
VOLUME 13010, PAGE 458, NORTH 80 DEGREES 20 MINUTES 00 SECONDS EAST A DISTANCE OF 690.10 FEET TO THE NORTHEAST CORNER OF SAID TRACT
OF LAND DESCRIBED IN A DEED TO LARRY G. COKER, RECORDED IN VOLUME 13019 PAGE 458 FROM WHICH A 510' RE13AR FOUND BEARS SOUTH 01
DEGREES 07 MINUTES 10 SECONDS EAST ADISTANCE OF 0,69 FEET;
THENCE ALONG THE EAST LINE OF SAID TRACT OF LAND DESCRIBED IN A DEED TO LARRY G. COKER, RECORDED IN VOLUME 13019. PAGE 450, SOUTH 01
DEGREES 07 MINUTES 10 SECONDS EAST A DISTANCE OF 183 70 FEET TO A 1!2' REBAR FOUND AT THE SOUTHEAST CORNER OF SAID TRACT OF LAND
DESCRIBED IN A DEED TO LARRY G. COKER- RECORDED IN VOLUME 13010. PAGE 450;
THENCE ALONG THE SOUTH LINES OF SAID TRACT 1, TFACT II AND SAID TRACT OF LAND DESCRIBED IN A DEED TO LARRY G. COKER, RECORDED IN
VOLUME 13010, PAGE 460, SOUTH 89 DEGREES 15 MINUTES 29 SECONDS WEST A DISTANCE OF 594 15 FEET TO A 112 RESAR FOUNDATTHE SOUTHWEST
CORNER OF SAID TRACT 1;
THENCE ALONG THE WEST LINE OF SAID TRACT 1. NORTH 00 DEGREES 07 MINUTES 68 SECONDS EAST A DISTANCE OF 185.02 FEET TO THE
PO €NT•OF- BEGINNING . CONTAINING 100,360 SQUARE FEET OR 2 511 ACRES OF LAND MORE OR LESS
Case No.
ZA06 -049
Attachment F
Page 7
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MAiSNALL IPrvG�51F.R
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OWNER
THE LAHCDA GROUP, INC.
PRELIMINARY PLAT
PO WX 899
VILLA CONSTANTE
COLLEYVILLE, TEXAS 7603?
(011) 233 -2323
I LCT — SINGIE FAMILY RESDENTIAL
BEING A 2.5x1 ACRE. TRACT OF' LANb [IF 7'HG
ENGINEER
WILLIAM MARTIN SURVEY, ABSTRACT 1066
ADAMS CONSULTWG ENGINEERS, INC.
IN ?TIE crtY GF SCuiHLAKE, 'TARRANT CCIJNTY, TEXAS
500 NOLEN DRINE, SUITE 556
S0Vf14L44K, TEXAS 76092
CONTACT: .'AY RE -SSIG, F,E,
MARCH 6, 2006
(&77) 329- 659C]
11
RECD JUN � � 2006 ZA 06 -050
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