Item 8ACity of Southlake
Department of Planning
STAFF REPORT
August 10, 2005
CASE NO: ZA04 -101
P ROJECT: Zoning Change for Proposed Lots 2 & 3, Maness Hills
REQUEST: Mark and Wanda Maness are 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. A home currently exists on the
proposed Lot 3. The area of the property being zoned is approximately 4.27 acres.
ACTION NEEDED: Consider first reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
(D) Surrounding Property Owners Map
(E) Surrounding Property Owners Responses
(F) Ordinance No. 480 -451
STAFF CONTACT: Ken Baker (481 -2036)
Dennis Killough (481 -2073)
Case No.
ZA04 -101
BACKGROUND INFORMATION
OWNER/APPLICANT
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA04 -101
Mark and Wanda Maness
The property is located on the north side of Gifford Court, approximately
300 feet east of Randol Mill Avenue.
Tracts lAlA2, and lAlA2D, B.J. Foster Survey, Abstract No. 519.
Low Density Residential
"AG" Agricultural District
"SF-IA" Single Family Residential District
There is no development history on this property. A home currently exists on
one of the tracts.
Master Thoroumhfare Plan
The Master Thoroughfare Plan recommends Randol Mill Avenue adjacent to
the proposed subdivision to be an arterial street with 140 feet of right -of -way.
Right -of -way is being dedicated accordingly.
Existin,- Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with Randol
Mill Avenue. The new street is proposed to have a right -of -way of 60 feet. A
60 -foot roadway easement currently exists but a street has never been built.
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 29
vehicle trips per day to this section of N. White Chapel Boulevard, bringing it
to 7,869 vehicle trips per day. There are plans for extending F.M. 1938 north
of W. Southlake Boulevard connecting with State Highway 114 to the north.
The improvement will expand Randol Mill Avenue to a 4 -lane, divided
roadway with dedicated center, left -turn lanes.
May, 2004 traffic counts on Randol Mill Ave (between F.M. 1709 and
Florence)
24hr
North Bound NB 4,334
South Bound (SB) (3,506
NB
Peak A.M. 336 8 - 9 a.m.
Peak P.M. 340 4 - 5 p.m.
SB
Peak A.M. 287 8 - 9 a.m.
Peak P.M. 374 5 - 6 p.m.
Attachment A
Page 1
May, 2004 traffic counts on Randol Mill Ave (between Kingswood and
Maranatha
24hr
North Bound NB 2,558
South Bound (SB) (2,602
NB
Peak A.M. 243 9 — 10 a.m.
Peak P.M. 209 7 — 8 p.m.
SB
Peak A.M. 206 9 — 10 a.m.
Peak P.M. 315 7 — 8 p.m.
PATHWAYS MASTER
PLAN:
Traffic Impact
*Vehicle Trips Per Day
* *The AM/PM times represent the number of vehicle trips generated during the peak travel
times on Randol Mill Ave.
Use
9 Lots
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM-
OUT
Single-Family Residential
3
29
1
2
2
1
The Southlake Pathways Master Plan recommends an 8 -foot paved multi -use
trail on the east side of the future F.M. 1938 roadway.
WATER & SEWER: A 12 -inch water line exists along the east side of Randol Mill Avenue. A 6-
inch water line exists along the north side of the adjacent property to the south.
The applicant is proposing the use of private systems for sewage disposal.
SEPTIC ANALYSIS: After reviewing the feasibility analysis, it appears that this property is suitable
for septic systems. Tarrant County is responsible for any septic system permits
issued on this property.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
DRAINAGE ANALYSIS: No comments have been received for this item.
P &Z ACTION: March 3, 2005; Approved (6 -0)
COUNCIL ACTION: March 15, 2005; Approved to Table on Consent (6 -0) until April 5, 2005.
April 5, 2005; Approved to Table on Consent (6 -0) until May 3, 2005.
May 3, 2005; Approved to Table on Consent (7 -0) until June 7, 2005.
June 7, 2005; Approved to Table on Consent (6 -0) until July 19, 2005.
July 19, 2005; Approved to Table on Consent (7 -0) until August 2, 2005.
August 2, 2005; Approved to Table on Consent (6 -0) until August 10, 2005.
STAFF COMMENTS: An application for "SF -1A" 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'.
Case No. Attachment A
ZA04 -101 Page 2
N: \Community Development \MEMO \2004cases \04- 1O1Z.doc
Case No.
ZA04 -101
Attachment A
Page 3
Vicinity Map
Tracts lAlA2, and lAlA2D, B.J.
Foster Survey, Abstract No. 519
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Case No.
ZA04 -101
Attachment B
Page 1
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AN ADDITION TO THE CITY OE SOUTHLAKE. TARRANT COUNTY. TEXAS
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AN ADDITION TO THE CITY OE SOUTHLAKE. TARRANT COUNTY. TEXAS
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MARK & WANDA MANESS
2 G COURT
3 LOTS CONTAINING 3.89 ACRES MORE OR LESS.
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PRELIMINARY PLAT
OWNERS
MANESS HILLS.
AN ADDITION TO THE CITY OE SOUTHLAKE. TARRANT COUNTY. TEXAS
aj TREE3
MARK & WANDA MANESS
2 G COURT
3 LOTS CONTAINING 3.89 ACRES MORE OR LESS.
i%
ROA KE TX 16093
OUT OF THE BJ. FOSTER SURVEY. ABSTRACT NO. 519
P- 3 19.4300
R17-3
PAVEx &SELMA MALI%
P.O. BOX 92903
5 D THL AKE T% P5092
PREPARED DECEMBER 2004 / 3 LOTS
OECD F FB 14 2005
I.- n
Surrounding Property Owner
Maness Hills
Owner
Zonin
1. Malik, Parvez & Seema Malik
"SF -IA"
2. Malik, Parvez & Seema Malik
"SF -IA"
3. Prentice, Danny
"AG"
4. Lemke, Robert & Virginia
"AG"
5. Woods, Curtis & Jean
"AG"
6. Ferguson, Blaine & Rochelie
"AG"
7. Ferguson, Blaine & Rochelie
"AG"
8. Clark, Valerie Joyce
"AG"
9. Maness, Mark & Wanda
"AG"
Case No.
ZA04 -101
Land Use I Acrea2
Low Density Residential
1.740
Low Density Residential
2.300
Low Density Residential
6.780
Low Density Residential
2.140
Low Density Residential
1.950
Low Density Residential
2.170
Low Density Residential
2.180
Low Density Residential
11.500
Low Density Residential
N/A
Attachment D
Page 1
Surrounding Property Owner Responses
Maness Hills
Notices Sent: Eight (8)
Responses: None (0)
Case No.
ZA 04 -101
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -451
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
IAIA2 AND IAIA21), SITUATED IN THE B. J. FOSTER SURVEY,
ABSTRACT NO. 519, BEING APPROXIMATELY 4.27 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
ZA04 -101 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
ZA04 -101 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 1AlA2, and lAlA2D, situated in the B. J. Foster Survey, Abstract No. 519,
being approximately 4.27 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
ZA04 -101 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
ZA04 -101 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.
ZA04 -101
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.
ZA04 -101
Attachment F
Page 6
EXHIBIT "A"
Being Tracts IAIA2, and IAIA2D, situated in the B. J. Foster Survey, Abstract No. 519, being
approximately 4.27 acres.
WHEREAS; Mark & Wanda Maness are the owners of a tract of land situated in the B.J. Foster Survey
Abstract No. 519, in the City of Southlake, Tarrant County, Texas and according to the deed recorded in
Volume 11454, Page 2353 of the D.R.T.C.T., and being more particularly described by metes and bounds
as follows:
Commencing at a point that is North 3,195.16 feet and East 25 feet from the Southwest corner of said B.J.
Foster Survey and being the East line of Randol Mill Ave. to a' /z inch iron rod;
Thence N 89 -30 -00 E to a set 5/8 inch iron rod for the Point of Beginning,
Beginning at a point being the southwest corner of the said Maness property;
Thence N 00 -00 -05 E 561.46 feet to a set 5/8 inch iron rod,
Thence N 89 -30 -00 E 332.00 feet to a set 5/8 inch iron rod,
Thence S 00 -00 -05 W 561.46 feet to a set 5/8 inch iron rod,
Thence S 89 -30 -00 W 332.00 feet to the point of beginning being a total of 4.27 acres.
Case No. Attachment F
ZA04 -101 Page 7