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Item 8ACity of Southlake Department of Planning STAFF REPORT November 9, 2005 CASE NO: ZA05 -118 PROJECT: Zoning Change for Proposed Marantha Estates REQUEST: Terra Land Management Company is requesting approval of a change of zoning from "AG" Agricultural District to "SF -IA" Single Family Residential District. on approximately 4.7 acres. It should be noted that this tract of land does not currently front on a public street maintained by the City of Southlake. Marantha Way is considered a private street and was put in place prior to annexation of this property into the City of Southlake. 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 plat proposing four residential lots, averaging 1.18 acres per lot, has been submitted concurrently and will be presented for consideration at the December 6, 2005 City Council meeting No plan is required to be submitted with a change of zoning to the "SF-IA" single family residential district. ACTION NEEDED: Consider first reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map (D) Surrounding Property Owners Responses (E) Ordinance No. 480 -472 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -118 BACKGROUND INFORMATION • 'R ' APPLICANT: PROPERTY SITUATION LEGAL DESCRIPTION LAND USE CATEGORY CURRENT ZONING REQUESTED ZONING: HISTORY: TRANSPORTATION ASSESSMENT: PATHWAYS MASTER Case No. ZA05 -118 Southlake /Terra J.V. Terra Land Management Company 1710 Marantha Way — adjacent to 1500 block of Randol Mill Ave. Tracts IA06 & 1A9, W. Winn Survey, Abstract No. 1660 Low Density Residential "AG" Agricultural District "SF -IA" Single Family Residential District There is no development history on this property. Master Thoroumhfare Plan The Master Thoroughfare Plan does not make any recommendations for any roadways adjacent to this site. Existin- Area Road Network and Conditions The subdivision is proposing to have four (4) lots with each lot having access onto Marantha Way. Marantha Way intersects with Randol Mill Avenue to the south. Currently, Marantha Way is a 2 -lane, undivided private roadway. The applicant has provided a document showing that it has been dedicated to the public by deed in 1981. However, the street was not formally accepted by the City of Southlake. Traffic Impact Use 41-ots Vtpd* AM- AM- PM- PM- IN OUT IN OUT Single - Family Residential 4 38 1 2 3 1 Estimated 4 lot development *Vehicle Trips Per Day **The AM /PM times represent the number of vehicle trips generated during the peals travel times on Marantha Way. Attachment A Page 1 PLAN: The Southlake Pathways Master Plan does not recommend any trail or sidewalk improvements adjacent to this site. WATER & SEWER: A 6 -inch water line exists along the west side of Marantha Way. No sanitary sewer lines are located within close proximity to the site. The applicant is proposing to use private septic systems. DRAINAGE COMMENTS: Storm water will sheet flow along the existing drainage pattern in the northwest direction for this development. SOUTI]LAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Plan Areas B, E, & F study area to include the following changes: Land Use Recommendations • Land Use: Low Density Residential. The proposed development is in compliance with the Land Use Plan. Environment Resource Recommendations • Locate the building pad sites to maximize tree preservation. P &Z ACTION: November 3, 2005; Approved (7 -0) as presented. STAFF COMMENTS: An application for "SF -IA" zoning does not require submittal of a concept plan. No review summary was created for this item. N:`,Communitv Development, MEMO 2005case5`,05- 118Z.doc Case No. Attachment A ZA05 -118 Page 2 Vicinity Map Tracts lA06 & lAO ,VIA. Winn Survey, Abstract 1660 Marantba Estates 11111117 Case No. ZA05 -118 Attachment B Page 1 ���C®I�I��►��I�I��i�IiIi7■ - - Surrounding Property Owners Tracts 1A06 & 1A09, W. Winn Survey, Abstract 1660 Marantha Estates $ 12 J 6 7 11 10 0 2s 17 2 21 20 3 1 4 13 14 16 19 18 15 Case No. Attachment C ZA05 -118 Page 1 Owner Zoning Land Use Acreage 1. Integrity Development Inc AG Low Density Residential 1.710 2. Phillips, Bradley Storm AG Low Density Residential 2.466 3. Caranci, Dante P AG Low Density Residential 2.112 4. Spivey, William J & Janice AG Low Density Residential 4.194 5. Caranci, Dante P AG Low Density Residential 0.586 6. Phillips, Bradley Storm AG Low Density Residential 1.441 7. Pruitt, Gerald & Carolyn AG Low Density Residential 1.868 8. Chang, Yin Chun SF -1B Low Density Residential 3.145 9. Chang, Yin Chun AG Low Density Residential 3.482 10. Vann, Lula AG Low Density Residential 0.816 Case No. Attachment C ZA05 -118 Page 1 11. Vann, Jimmy J & Linda S AG Low Density Residential 0.402 12. Shatle , Betsy B AG Low Density Residential 1.970 13. Cox, Don C AG Low Density Residential 1.920 14. Cox, Don C AG Low Density Residential 0.373 15. Scott, Jon & Mary AG Low Density Residential 1.176 16. Millard, Katherine / Lee S AG Low Density Residential 1.798 17. Holbein, Susan SF-IA Low Density Residential 1.986 18. Laca o, Daniel J & Linda M AG Low Density Residential 1.089 19. Laca o, Daniel J & Linda M AG Low Density Residential 0.987 20. Halek, Jason Andrew AG Low Density Residential 0.968 21. Halek, Jason Andrew AG Low Density Residential 0.845 22. Wells Fargo Bank Minnesota Wiggins, Gene D AG Low Density Residential 4.574 23. Wells Fargo Bank Minnesota Wiggins, Gene D AG Low Density Residential 0.887 Case No. ZA05 -118 Attachment C Page 2 Surrounding Property Owner Responses Tracts 1A06 & 1A09, W. Winn Survey, Abstract 1660 Marantha Estates Notices Sent: Sixteen (16) Responses: None (0) Case No. ZA05 -118 Attachment D Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -472 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 1A06 & 1A9, SITUATED IN THE W. WINN SURVEY, ABSTRACT NO. 1660, BEING APPROXIMATELY 4.7 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 E ZA05 -118 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 E ZA05 -118 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 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being approximately 4.7 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 E ZA05 -118 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 E ZA05 -118 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 -118 Attachment E 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 -118 Attachment E Page 6 EXHIBIT "A" Being Tracts 1A06 & 1A9, situated in the W. Winn Survey, Abstract No. 1660, being approximately 4.7 acres. PROPERTY DESCRIPTION Being a tract of land situated in the William Winn Survey Abstract No. 1660, in the City of Southlake, Tarrant County, Texas, being the same tract to Wells Fargo Bank Minnesota. as described in Clerks File No_ D205132752 of the Deed Records of Tarrant County, Texas, being more particularly described as follows: Beginning, at the southwest corner of said tract, a 112 " iron rod set with a yellow cap, stamped SLS 4415, being in the east line of Marantha Way (60' R.O.W. ), as described in Volume 7073, Page 1116, in said Deed Records, also being the northwest corner of a tract of land to Don C. Cox, et ux, as described in Volume 6345, Page 178, of said Deed Records; Thence, North 00 degrees 00 minutes East, with the east line of Marantha Way, being the west line of the Wells Fargo tract, for a distance of 516.10 feet, to the northwest corner of said tract, a 112 ' iron rod found, 0.25' - West, also being in the south line of a tract to Gerald Pruitt, et ux, as described in Volume 10981, Page 614, of said Deed Records; Thence, North 88 degrees 49 minutes East, departing the east line of Marantha Way and with the north line of the Wells Fargo tract and the south line of the Pruitt tract, for a distance of 396.43 feet, to a 112 " iron rod found at the northeast corner of of the Wells Fargo tract, same being the southeast corner the Pruitt tract, also being in the west line of a tract to Thomas Holbein, et ux, as described. in Volume 10099, Page 2093, of said Deed Records Thence, South 00 degrees 00 minutes West, with the west line of said tract, and the east line of the Wells Fargo tract, for a distance of 516.10 feet, to a 112' iron rod found at the southeast corner of the Wells Fargo tract, same being the southwest corner of the Pierce Addition, as described in Volume 388 -174, Page 1, of the Plat Records of Tarrant County, Texas, also being the northeast corner of a tract to Katherine Millard, as described in Volume 12964, Page 451, of said Deed Records, Thence, South 88 degrees 49 minutes West, with the south line of the Wells Fargo tract, and the north line of the Millard tract, and two tracts to Don C. Cox, et ux, as described in Volume 6542, Page 791, and Volume 6345, Page 178, of said Deed Records, for a distance of 396.43 feet, to the Point Of Beginning, containing 204,544.83 square feet or 4.70 acres of land, more or less. Case No. Attachment E ZA05 -118 Page 7