Item 7CCity of Southlake
Department of Planning
STAFF REPORT
June 1, 2005
CASE NO
ZA05 -033
PROJECT: Zoning Change for Tracts 2A, 2AI, 2A6, and 2A7, C. Dart Survey, Abstract No.
2003; Tracts 4AI and 4D, W. Martin Survey, Abstract No. 1068 Addition,
located at 1285, 2195 Randol Mill Avenue and 1340 Robin Lane (Proposed
residential development for The Enclave)
REQUEST: On behalf of Michael Dewey and Tony Adams, Terra Land Management is
requesting approval of a zoning change from "AG" Agricultural District to "SF-IA"
Single Family Residential District. The purpose of this request is to change zoning
on the property in order to plat the property and allow the creation of lots for
residential development. The area of the property being zoned is approximately
13.28 acres.
ACTION NEEDED: 1. Conduct public hearing
2. Consider zoning change approval
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
Background Information
Vicinity Map
Plans and Support Information
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -457
STAFF CONTACT: Ken Baker (481 -2036)
Dennis Killough (481 -2073)
Case No.
ZA05 -033
BACKGROUND INFORMATION
• 'N
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA05 -033
Michael Dewey and Tony Adams
Terra Land Management
The property is located southeast of the intersection of Randol Mill Avenue
and W. Dove Street, being 2185, 2195 Randol Mill Avenue and 1340 Robin
Lane.
Tracts 2A, 2A1, 2A6, and 2A7, C. Dart Survey, Abstract No. 2003; Tracts
4A1 and 4D, W. Martin Survey, Abstract No. 1068 Addition.
Low Density Residential
"AG" Agricultural District
"SF-IA" Single Family Residential District
There is no development history on the property. Two homes currently exist
which are planned to be removed.
Master Thorouzhfare Plan
The Master Thoroughfare Plan does not make any recommendations for
Randol Mill Avenue adjacent to the proposed subdivision.
E.zistinm Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with Randol
Mill Avenue. The new cul -de -sac street is proposed to have a right -of -way
of 50 feet.
Currently, Randol Mill Avenue is 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 124
vehicle trips per day to this section of N. White Chapel Boulevard, bringing
it to 4,922 vehicle trips per day.
May, 2004 traffic counts on Randol Mill Ave (between Our Ln and W.
Dove St
24hr
North Bound NB 2,294
South Bound (SB) (2,504
NB
Peak A.M. 321 7 — 8 a.m.
Peak P.M. 164 5 — 6 p.m.
SB
Peak A.M. 169 8 — 9 a.m.
Peak P.M. 348 5 — 6 p.m.
Attachment A
Page 1
Traffic Iniptict
PATHWAYS MASTER
PLAN:
Use
# Lots
Vtpd *
AM-
IN
AM-
OUT
PM-
IN
PM
OUT
Single-Family Residential
13
124
2
7
8
5
*Vehicle Trips Per Day
* *The AMIPM times represent the number of vehicle trips generated during the peak travel
times on Randol Mill Ave.
The Southlake Pathways Master Plan recommends an on- street bikeway
along Randol Mill Avenue.
TREE PRESERVATION: From the aerial photograph that was submitted with the previous plans
submittal the only tree removal would be in the right -of -way of Enclave Ct.,
and possibly for the construction of the proposed water line located between
Lots 7 and 8. No Preliminary Grading Plans were submitted so it is
impossible to determine the applicant's intentions to preserve trees outside of
the proposed right -of -way and easements.
WATER & SEWER: An 8 -inch waterline exists along the east side of Randol Mill Avenue. The
applicant is proposing to extend an 8 -inch waterline along the north side of
the proposed cul -de -sac and tie into an existing 4 -inch water line in Robin
Lane. An 8 -inch sanitary sewer line exists northeast of the property. The
applicant is proposing to extend an 8 -inch sanitary sewer line along the south
side of the proposed cul -de -sac and tying into the existing sanitary sewer line
off -site.
DRAINAGE ANALYSIS: The runoff from this site drains due north into an existing stock pond. The
difference between the pre- and post - development runoff will be detained
using a detention pond.
P &Z ACTION: May 5, 2005; Approved (7 -0)
COUNCIL ACTION: May 17, 2005; Approved first reading on Consent (4 -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. A preliminary plat
exhibit of the property is included as Attachment `C'.
M \Community Development \MEMO \2005cases \05- 033Z.doc
Case No.
ZA05 -033
Attachment A
Page 2
Vicinity Map
2185, 2195 N. Randol Mill Ave.
& 1340 Robin Lane
Case No. Attachment B
ZA05 -033 Page 1
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T E R R A
March 24, 2005
Dennis Killough
City of Southlake
1400 Main St., Ste, 310
Southlake, TX 76092
RE: 15 ac between Randol Mill Road and Robin Lane
Dear Dennis,
Attached End our application for Zoning Change and Preliminary Plat approval. The city
Land Use Plan calls for low density for this tract of land. One acre or larger lots surround
it with homes on them. The north boundary line of this tract is the city boundary with
Westlake.
Our propose zoning of SFl or one acre minimum lot size matches perfectly with the
neighborhood and the proposed land use. The site itself actually lays out very well for
one -acre lots.
Our preliminary plat asks for approval of cul -d -sac fronting on Randol Mill. Initially we
thought we would just extend Robin. Lane into the I I acres. This would have caused our
resident traffic to drive though Mockingbird Land and Robin Lane. We added the 4 acres
fronting on Randol Mill so that we could directly access Randol Mill and not have the
traffic from our project drive through the existing Mockingbird/Robin Lane
neighborhood. I understand that Robin Lane is a street stub out, however we are asking
for a variance so that we do not have to connect our Enclave Drive to Robin Lane. This
would provide more privacy for The Enclave and for the existing neighborhood. During
our spin meeting almost all the neighborhood asked that Robin Lane not be connected
with our proposed Enclave Drive. (See spin meeting notes attached).
We feel this project is totally compatible with the neighborhood and complies with the
land use plan. Our preliminary plat complies with city policy and has the support of the
neighborhood. We therefore request approval of each.
S' ely
aul S ain
President
Terra Land Management, Inc.
RECD MAR 2 8
ZA0ez
TERRA LAND MANAGEMENT, INC.
395 W. NORTHWEST PARKWAY (HWY 1 14) • SUITE 300 • SOUTHLAKE. TX 75092 OFFICE: (€317) 410 -9701 • FAX: (817) 410 -9205
Case No.
ZA05 -033
Attachment C
Page 2
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Surrounding Property Owner
2185, 2195 N. Randol Mill Ave. & 1340 Robin Lane
1
Case No. Attachment D
ZA05 -033 Page 1
Owner
Zoning
Land Use
Acrea
1.
Westlake, City of
NA
NA
NA
2.
Dias, Theodore & Patricia
"SF -IA"
Low Density Residential
1.000
3.
Walker, Alan & Helene
"SF -IA"
Low Density Residential
1.028
4.
Luna, Jackey & Marilee
"SF -IA"
Low Density Residential
1.011
5.
Mellen, Glenn & Michelle
"SF -IA"
Low Density Residential
1.010
6.
Chadwick, Kenneth Glenn
"SF -IA"
Low Density Residential
1.265
7.
Griffith, Richard & Stacey
"SF -IA"
Low Density Residential
1.056
8.
Miller, Jeffrey & Lawanna
"SF -IA"
Low Density Residential
1.083
9.
Jones, Lewis D
"SF -IA"
Low Density Residential
1.077
10.
Sittler, Timothy & Irene
"SF -IA"
Low Density Residential
1.080
11.
Combs, James & Nacheska
"SF -IA"
Low Density Residential
1.081
12.
Morris, Lonnie & Shirley
"SF -IA"
Low Density Residential
1.006
13.
Vincent, Randal
"SF -IA"
Low Density Residential
1.160
14.
Adams, Tony & Earl; Dewey,
"AG"
Low Density Residential
NA
Michael & Brenda
Case No. Attachment D
ZA05 -033 Page 1
Surrounding Property Owner Responses
2185, 2195 N. Randol Mill Ave. & 1340 Robin Lane
Notices Sent: Thirteen (13)
Responses: None (0)
Case No.
ZA05 -033
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -457
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 2A, 2A1, 2A6, & 2A7, SITUATED IN THE
C. DART SURVEY, ABSTRACT NO. 2003 AND TRACTS 4A1 & 4D,
SITUATED IN THE W. MARTIN SURVEY, ABSTRACT NO. 1068,
BEING APPROXIMATELY 13.28 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL 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 "AG Agricultural District under
the City's Comprehensive Zoning Ordinance; and
Case No. Attachment F
ZA05 -033 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 F
ZA05 -033 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 2A, 2A1, 2A6, & 2A7, situated in the C. Dart Survey, Abstract No. 2003 and
Tracts 4A1 & 4D, situated in the W. Martin Survey, Abstract No. 1068, being approximately
13.28 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
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,
Case No. Attachment F
ZA05 -033 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 F
ZA05 -033 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 -033
Attachment F
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 -033
Attachment F
Page 6
EXHIBIT "A"
Being Tracts 2A, 2A1, 2A6, & 2A7, situated in the C. Dart Survey, Abstract No. 2003 and Tracts 4AI & 4D,
situated in the W. Martin Survey, Abstract No. 1068, being approximately 13.28 acres.
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Case No. Attachment F
ZA05 -033 Page 7
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PLAT SHCWING
SURVEY AND FIELD NOTES FOR A TRACT IN THE Wm- H. MARTIN SURVEY, ABSTRACT NO. 1068,
SITUATED IN THE CITY OF SOUTHLARE, TARRANT COUNTY, TEXAS, AND BEING THE TRACT DESCRIBED
IN DEEDS TO JE,ANIE HANCOCK OF RECORD IN VOLUME 10117, PAGE 175 AND VOLUME 9946,
PAGE 284, DEED RECORDS, TARRANT COUNTY, TEXAS, SAID TRACTS BEING CONTIGUOUS ARE
CONSIDERED FOR THE PURPOSES HEREIN AS ONE TRACT AND IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at a k" iron found at the Northwest corner of the tract described in
Volume 9946, Page 284, above referenced, said point being South 313.21 feet
from a 10" most Oak in the North line of said Martin Survey, said Post Oak
being the Northwest corner of a called 51.943 acre tract of record in
Volume 3255, Page 95, Deed Records, Tarrant County, Texas;
THENCE
N. 69 -. 45' - 20" E. along
the North line of the last referenced tract and
continuing along the North line
of the tract described in Volume 10117.
Page 175, above referenced.
398,35 Yeet.to a I" iron found at the Northeast
Corner of same;
THENCE
S. 0e - 07 - 38" E. 230.81
feet along the East line of the last referenced
tract to a'° iron found in
the North line of 'Got 2, Block 2, of Dove Acres
as shown on a plat of record
in Volume 388 -132, Page 79, Plat Records,
Tarrant County, Texas,
THENCE
West 186.46 feet along the North
line e[ said Black 2 to a 41" iron found
in same for corner;
THENCE
S. 89 - 47' - 48" W. 208.60
feet continuing along the North line of said
Block 2 (bearing called West
an plat) to a �" iron found at the most
westerly Southwest corner of
the last referenced tract in the Easterly
line of Randal Mill Road;
THENCE
N. 0 - 56' - 52" W. 229.88
fact along said East line to the POINT OF
BEGINNING and containing 2.096
acres.
Case No. Attachment F
ZA05 -033 Page 8