Item 8BCity of Southlake
Department of Planning
STAFF REPORT
April 27, 2005
CASE NO: ZA05 -027
PROJECT: Zoning Change and Concept Plan for proposed Lot 21, T. M. Hood No. 706
Addition located at 600 Shady Oaks Drive
REQUEST: Ritz Properties is requesting approval of a zoning change and concept plan for the
development of a single lot for residential use.
ACTION NEEDED: Coi
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
isider first reading for zoning change and concept plan
Background Information
Vicinity Map
Plans and Support Information
Concept Plan Review Summary No. 1, dated April 15, 2005
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -455
STAFF CONTACT: Ken Baker (481 -2036)
Dennis Killough (481 -2073)
Case No.
ZA05 -027
BACKGROUND INFORMATION
OWNER/APPLICANT: Ritz Properties
PROPERTY SITUATION: 600 Shady Oaks Drive
LEGAL DESCRIPTION: Tract 11A2, situated in the Thomas M. Hood survey, Abstract No. 706
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -20A" Single Family Residential District
HISTORY: There is no development history on the property.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not recommend any trail or
sidewalk improvements adjacent to this site. The plan recommends an eight
(8) foot paved multi -use trail on the east side of Shady Oaks Drive.
WATER & SEWER: A 12" water line exists on the east side of Shady Oaks Drive. An existing 8"
sewer line exists on the west side of Shady Oaks Drive.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
P &Z ACTION: April 21, 2005; Approved (6 -0) subject to Concept Plan Review Summary
No. 1, dated April 15, 2005, as presented.
STAFF COMMENTS: For the purposes of meeting the concept plan requirements for a change of
zoning request to the "SF -20A" zoning district, a Plat Showing was
submitted and reviewed. Attached is Concept Plan Review Summary No. 1,
dated April 15, 2005.
N:',Conununity Development`, MEMO 2005cases`,05- 027ZCP.doc
Case No. Attachment A
ZA05 -027 Page 1
Vicinity Map
Tract 11A2, Thomas M.
Hood Survey, Abst. 706
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Case No. Attachment B
ZA05 -027 Page 1
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PLAT SHORING
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T.M. HOOD NO. 706 ADDITION
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CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA05 -028
Review No.: One
Project Name: Concept Plan — Lot 21, T.M. Hood No. 706 Addition
APPLICANT: Ritz Properties
Frank A. Ritz
Date of Review: 04/15/05
SURVEYOR: Loyd Bransom Surveyors, Inc.
Bill Hooks
1414 Eagle Bend Dr. 1028 N. Sylvania Ave
Southlake, TX 76092 Fort Worth, TX 76111
Phone: (817) 416 -8825 Phone: (817) 834 -3477
Fax: (817) 251 -5868 Fax: (817) 831 -9818
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/14/05 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR
NEED FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 481 -2086.
1) Show and label the 35' front building setback line.
INFORMATIONAL COMMENTS
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.
This review is based on the "SF -20A" Zoning District Regulations.
Case No.
ZA05 -027
Attachment D
Page 1
Surrounding Property Owners
Tract 11A2, Thomas M. Hood Survey, Abst. 706
Owner
Zoning
Land Use
Acrea f
1. Pospisil, Mark
"SF -20A"
Medium Density Resid.
0.571
2. Smith, Robert & Ann
"SF -20A"
Medium Density Resid.
0.473
3. Hendricks, J & Elizabeth
"SF -20A"
Medium Density Resid.
0.528
4. Scherer, Hugh
"AG"
Medium Density Resid.
0.893
5. Robinson, Wendy
"AG"
Medium Density Resid.
0.524
6. Carroll Isd.
"CS"
Public/ Semi - Public
28.980
7. McDonald, Beverly
"AG"
Medium Density Resid.
2.106
8. Sandlin, Eva
"AG"
Medium Density Resid.
14.315
9. Lucas, James & Pamela
"AG"
Low Density Resid.
1.070
10. Bruton, Paul & Doreen
"AG"
Low Density Resid.
1.059
11. Friske, Michael & Kathryn
"SF -20A"
Medium Density Resid.
0.647
12. Skaggs, Merton & Susan
"SF -20A"
Medium Density Resid.
0.674
13. Bowyer, James & Ingrid
"SF -20A"
Medium Density Resid.
0.498
14. Hill, Charles & Margaret
"SF -20A"
Medium Density Resid.
0.471
15. Nalley, Joseph & Elizabeth
"SF -20A"
Medium Density Resid.
0.467
16. Robinson, Wendy
"SF -20A"
Medium Density Resid.
0.812
Case No.
ZA05 -027
Attachment E
Page 1
Surrounding Property Owner Responses
Tract 11A2, Thomas M. Hood Survey, Abst. 706
Notices Sent: Sixteen (16)
Responses: None
Case No.
ZA05 -027
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -455
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 TRACT
I IA2, SITUATED IN THE THOMAS M. HOOD SURVEY, ABSTRACT
NO. 706, BEING APPROXIMATELY 1.00 ACRE, AND MORE FULLY
AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG "
AGRICULTURAL DISTRICT TO "SF -20A" 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 G
ZA05 -027 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 G
ZA05 -027 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 Tract 11A2, situated in the Thomas M. Hood Survey, Abstract No. 706, being
approximately 1.00 acre, and more fully and completely described in Exhibit "A" from "AG"
Agricultural District to "SF -20A" 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 G
ZA05 -027 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 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.
Case No. Attachment G
ZA05 -027 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 aviolation 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.
ZA05 -027
Attachment G
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
MAYOR
ATTEST:
day of , 2005.
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA05 -027
Attachment G
Page 6
EXHIBIT "A"
Being Tract 11A2, situated in the Thomas M. Hood Survey, Abstract No. 706, being approximately 1.00 acre.
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, FRANK A, RIT AND BRENDA RITZ, BEING THE SOLE OWNERS OF A TRACT
OF LAND SITUATED IN THE T.M. MOOD SURVEY, ABSTRACT NO, 706, TARRANT COUNTY,
TEAS, AND BEING DESCRIBED IN DEED RECORDED IN COUNTY CLERKS NO, D205045456.
DEED RECORDS. TARRANT COUNTY, TEXkS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A CAPPED IRON FIN 'SET IN THE WEST LINE OF SHADY OAKS DRIVE FOR THE
SOUTHEAST CORNED OF TRACT BEING DESCRIBED, SAID PO INT BEING LOCATED 5.61 FEET
NORTH 87 DEGREES 07 MINUTES 26 SECONDS EAST FROM THE NORTHEAST CORNER OF
LOT 821. BLOCK 1, SOUTHRIDGE LADES, PHASE V SECTION TWO, AN ADDI - ITON TO THE
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORD IN
CABINET A, SLIDE 1401, PLAT RECORDS, TARRANT COUNTY, TEXAS,
THENCE SOUTH 87 DEGREES 07 MINUTES 26 SECONDS WEST 5.61 FEET TO A CAPPED
IRON PIN FOUND FOR THE NORTHEAST CORDER OF SAID LOT 82R, BLOCK 1, SOUTHRIDGE
LAI(ES, PHASE V- °SECTION TWO AND CONTINUING ALONG THE NORTH LINE OF SAID LOT 82R,
BLOCK 1 AND LOT 83R, SAID BLOCK 1, SOUTHRIDGE LAKES. PHASE V— SECTION TWO IN ALL
'129.27 FEET TO A SPED IRON PIN FOUND FOR AN INSIDE CORNER OF SAID LOT 83R,
OLOCK 1, SOUTHRIDGE LAKES, PHASE V— SECTION TWO AND FOR THE SOUTHWEST CORNER
OF TRACT BEING DESCRIBED:
THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS 196.53 FEET ALONG THE
EAST LINE OF SAID LOT 83R, BLOCK 1, SOUTHRIDGE LACES, PHASE V-- SECTION TWO AND
,ALONG THE 'EAST LINE OF LOTS 99 AND 100, 13LOCK 1. SOUTHRIDGE LAKES. PHASE VI,
AN ADDITION TO THE CITY OF SOUTI- ILAKE, TARRANT COUNTY, TES, ACCORDING TO THE
PLAT RECORDED IN CABINET A, SLIDE 1434, FLAT RECORDS, TARRANT COUNTY, TEXAS,
TO A GAPPED IRON PIN SET FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED,
SAID POINT BEING THE SOUTHWEST CORNER OF A TRACT OF LAND AS DESCRIBED IN DEED
RECORDED IN VOLUME 11406, PAGE 528, OFED RECORDS. TARRANT COUNTY, TEXAS,
THENCE NORTH 89 DEGREES 29 MINUTES 37 SECONDS EAST 229.00 FEET ALONG
THE SOUTH LINE OF SAND TRACT CF LAND AS DESCRIBED IN DEED RECORDED IN
VOLUME 11406. PAGE 528 TO A CAPPED IRON PIN SET IN THE WEST LINE OF SAID
SHADY QA K$ DRIVE FQR THE NORTHEAST CORNER OF TRACT BEING DE CR[SED AND
�Ok THE SOUTHEAST CORNER OF SAID TRACT OF LAND AS DESCRIBED IN DEED
PECORDED IN VOLUME 11406, PAGE 528;
THENCE SOUTH 00 DE REFS 04 MINUTES 23 SECONDS EAST 187.05 FEET ALONG
THE WEST LINE OF SAID SHADY OAKS DRIVE TO THE POINT OF BEGINNING AND
C,'ONTAINING 1.00 ACRES OF LAND, MORE OR LESS
Case No.
ZA05 -027
Attachment G
Page 7
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