Item 7BCity of Southlake
Department of Planning
STAFF REPORT
September 28, 2005
CASE NO
ZA05 -051
PROJECT: Zoning Change and Concept Plan for Oak Pointe Phase 2
REQUEST: On behalf of K.M. Properties, Area Surveying, Inc. is requesting approval of a
zoning change from "AG" Agricultural District to "SF -20A" Single Family
Residential District with an associated concept plan. The plan proposes the
development of two residential lots on approximately 1.04 acres.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for zoning change and concept plan
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Background Information
Vicinity Map
Plans and Support Information (For reference only. See full size plan)
Concept Plan Review Summary No. 3, dated September 2, 2005
Surrounding Property Owners Map
Surrounding Property Owners Responses
Ordinance No. 480 -466
Full Size Plans (lbr Connin and Council Members Only)
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -051
BACKGROUND INFORMATION
• 'R '
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
PATHWAYS MASTER
PLAN:
Case No.
ZA05 -051
K. M. Properties
Area Surveying Inc.
2660 Ridgecrest Drive
Tract 1G3, situated in the J. Chivers Survey, Abstract No. 350
Low Density Residential
"AG" Agricultural District
"SF -20A" Single Family Residential District
There is no development history on the property.
Master Thoroumhfare Plan
The Master Thoroughfare Plan does not make any recommendations for
Ridgecrest Drive adjacent to the proposed subdivision. The standard right -
of -way width for streets with a rural design is 60 feet. Right -of -way is being
dedicated accordingly.
Existinz Area Road Network and Conditions
Both lots will have access to Ridgecrest Drive. Lot 5 will have access via a
common access drive along the south property line of Lot 4.
Ridgecrest Drive is currently a 2 -lane, undivided roadway extending north
from E. Dove Street that services several residential properties and
neighborhoods in the north part of Southlake.
Traffic Impact
Use
# Units
Vtpd*
AM-
IN
AM-
OUT
PM-
IN
PM_
OUT
Single-Family Housing
2
19
0
1
1
1
*Vehicle Trips Per Day
*The AM /PM times represent the number of vehicle trips generated during the peak travel
times on Ridgecrest Drive.
The Southlake Pathways Master Plan does not make any recommendations
adjacent to the site.
Attachment A
Page 1
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
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.
DRAINAGE ANALYSIS: Storm water from this site sheet flows to the north through the open area
where it will ultimately drain to the pond located in a drainage easement
within the Oak Pointe development.
SOUTHLAKE 2025: No changes were recommended by the Southlake 2025 committee for the
subject property.
P &Z ACTION: September 8, 2005; Approved (5 -0) subject to Concept Plan Review
Summary No. 3, dated September 2, 2005.
COUNCIL ACTION: September 20, 2005; first reading Approved (7 -0) subject to Concept Plan
Review Summary No. 3, dated September 2, 2005, and subject to the fence
line along the south property line being wrought iron instead of wood and
with the following considerations regarding compliance with the Land Use
Plan:
• this property can be considered part of the overall Oak Pointe project
and as a result, it equates to approximately one house per acre;
• these two new lots abut the open area; and,
• it will eliminate an eyesore.
STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated September 2, 2005.
The proposed zoning and development plan as proposed is not compliant
with the City's Master Land Use Plan's "Low Density Residential" Land Use
Designation on the subject area. Any motion for approval of this item should
include justification for non - compliance with the Land Use Plan.
M \Community Development \MEMO \2005cases \05- 051ZCP.doc
Case No. Attachment A
ZA05 -051 Page 2
Vicinity Map
2660 Ridgecrest Drive
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Case No.
ZA05 -051
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Attachment B
Page 1
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REGISTERED PROFESSIONAL LAND SURVEYORS
t IS Sheffield Drive
Port Worth, T$ 76134
917 -293 -5694
FIELD NOTES
Description for a tract of land in the Joel W. Chivers Survey, Abstract
Number 350, City of Southlake, Tarrant County, Texas, and being a portion
of a tract of land of land described in a deed to James Starling McPherson,
recorded in Volume 2875, Page 36, Deed Records, Tarrant County, Texas,
and being described by metes and bounds as follows:
BEGINNING at a point in Ridgecrest Drive at the northeast corner of a 1.416 acre tract
of land described in Volume 6064, Page 800, Deed Records, Tarrant County, Texas,
said being by deed call, South 88 degrees 40 minutes East, 1690.77 feet and South 01
degrees 21 minutes West 1026.43 feet from the northwest corner of said Chivers
Survey;
THENCE South 89 degrees 53 minutes 03 seconds West a distance of 362.90 feet to a
518" iron pin found in the east line of Lot 8, Block 2, OAK POINTE, according to the plat
recorded in Cabinet A, Slide 9362, Plat Records, Tarrant County, Texas;
THENCE North 02 degrees 20 minutes 04 seconds East a distance of 124.72 feet along
the east line of said Block 2, to an axle found for an angle point in the east line of Lot 7
of said Block 2, and for the most southerly southwest corner of Lot 14 in said Block 2;
THENCE North 89 degrees 53 minutes 03 seconds East at 334.47 feet passing a 112"
iron pin found with cap marked, "AREA SURVEYING" for the southeast corner of Lot
14, in all, a total distance of 360.80 feet to a point in Ridgecrest Drive;
THENCE South 01 degree 22 minutes 12 seconds West a distance of 124.65 feet to the
POINT OF BEGINNING, said described tract containing 1.035 acre of land, and being
the same tract described in a deed to H Creek Development, L.L.C., recorded in County
Clerk's File Number D204191758, Deed Records, Tarrant County, Texas.
C:TrojectsVe46031 03 Field Notes doe
Case No.
ZA05 -051
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REVIEW SUMMARY
Case No.: ZA05 -051
Review No.: Three
Date of Review: 09/02/05
Project Name: Proposed Concept Plan and Zoning — Oak Pointe (Phase 2)
APPLICANT: H Creek Development Corp. SURVEYOR: Area Surveying, Inc.
Kosse Maykus Roger Hart
P.O. Box 92747 135 Sheffield Drive
Southlake, TX 76092
Phone: (817) 329 -3111
Fax:
Fort Worth, TX 76134
Phone: (817) 293 -5684
Fax: (817) 293 -5685
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/01/05 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 DENNIS KILLOUGH AT (817) 748 -8072.
The applicant has met the requirements of previous reviews.
It appears this property lies within the 65 LDN D/FW Regional Airport Overlay Zone, requiring
construction standards in compliance with the Airport Compatible Land Use Zoning Ordinance No.
479.
All development must comply with the City's Drainage Ordinance No. 605, as amended.
Case No.
ZA05 -051
Attachment D
Page 1
Surrounding Property Owners
2660 Ridgeerest Drive
Owner
Zoning
Land Use
Acreage
1. Tuscanny Amer. Homes Inc
"PUD"
Low Density
Residential
1.048
2. H Creek Development, Llc
" RMI
Low Density
Residential
3.803
3. Keen Thomas
"AG"
Low Density
Residential
8322
4. Fertitta, Steven Michael
"AG"
Low Density
Residential
1.195
5. Psi Properties Ltd
"PUD"
Low Density
Residential
0.636
6. Awtry, Karen Mark-um
"PUD"
Low Density
Residential
1.418
7. J A Hatfield Inc
" PUD"
Low Density
Residential
1.178
8. Clairmark Homes Inc
"PUD"
Low Density
Residential
0.545
9. Rivera, Arsenio & Res
' PUD"
Low Density
Residential
0.947
Case No.
ZA05 -051
Attachment E
Page 1
Surrounding Property Owner Responses
2660 Ridgecrest Drive
Notices Sent: Eight (8)
Responses: None (0)
Case No.
ZA05 -051
Attachment F
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -466
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
1G3, SITUATED IN THE J. CHIVERS SURVEY, ABSTRACT NO. 350,
BEING APPROXIMATELY 1.035 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF -20A" 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 X1, 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
Case No. Attachment G
ZA05 -051 Page 1
the City's Comprehensive Zoning Ordinance; and
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
Case No. Attachment G
ZA05 -051 Page 2
made; and,
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 1G3, situated in the J. Chivers Survey, Abstract No. 350, being approximately
1.035 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
District to "SF -20A" Single Family Residential District as depicted on the approved Concept
Plan attached hereto and incorporated herein as Exhibit "B ".
SECTION 2.
Case No. Attachment G
ZA05 -051 Page 3
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.
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 -051 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 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
Case No.
ZA05 -051
Attachment G
Page 5
of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in frill 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 day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2005.
MAYOR
ATTEST:
CITY SECRETARY
Case No.
ZA05 -051
Attachment G
Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA05 -051
Attachment G
Page 7
EXHIBIT "A"
Being Tract IG3, situated in the J. Chivers Survey, Abstract No. 350, being approximately 1.035 acres.
Area Surveying, Inc.
REGISTERED PROFESSIONAL LAND SURVEYORS
t IS Shetfield Drive
Fort Worth, TX 76134
917- 293 -5694
FIELD NOTES
Description for a tract of land in the Joel W. Chivers Survey, Abstract
Number 350, City of Southlake, Tarrant County, Texas, and being a portion
of a tract of land of land described in a deed to James Starling McPherson,
recorded in Volume 2875, Page 36, Deed Records, Tarrant County, Texas,
and being described by metes and bounds as follows:
BEGINNING at a point in Ridgecrest Drive at the northeast corner of a 1.416 acre tract
of land described in Volume 6064, Page 800, Deed Records, Tarrant County, Texas,
said being by deed call, South 88 degrees 40 minutes East, 1690.77 feet and South 01
degrees 21 minutes West 1026.43 feet from the northwest corner of said Chivers
Survey;
THENCE South 89 degrees 53 minutes 03 seconds West a distance of 362.90 feet to a
5I8" iron pin found in the east line of Lot 8, Block 2, OAK POINTE, according to the plat
recorded in Cabinet A, Slide 9362, Plat Records, Tarrant County, Texas;
THENCE North 02 degrees 20 minutes 04 seconds East a distance of 124.72 feet along
the east line of said Block 2, to an axle found for an angle point in the east line of Lot 7
of said Block 2, and for the most southerly southwest corner of Lot 14 in said Block 2;
THENCE North 89 degrees 53 minutes 03 seconds East at 334.47 feet passing a 112"
iron pin found with cap marked, "AREA SURVEYING" for the southeast corner of Lot
14, in all, a total distance of 364.80 feet to a point in Ridgecrest Drive;
THENCE South 01 degree 22 minutes 12 seconds West a distance of 124.65 feet to the
POINT OF BEGINNING, said described tract containing 1.035 acre of land, and being
the same tract described in a deed to H Creek Development, L.L.C., recorded in County
Clerk's File Number D204191758, Deed Records, Tarrant County, Texas.
C:4Projects144603144693 Field Notes.doc
Case No.
ZA05 -051
Attachment G
Page 8
o 65LON DFW Airport
noise contour
Lot 5 (Approx. location)
Lot 14 0:1
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Steven Michael
Koren 1), lvlor-<u.rn. F�rlitto, Volume
%/oll 12458, Poqe
Lot 63 41, P-age 902,
772, D (D j
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LUD=Low Density Residential
Thomas A. Keen, Volume
8824, Pcge 21
LDt 13
IN
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