Item 8BCity of Southlake
Department of Planning
STAFF REPORT
November 9, 2005
CASE NO: ZA05 -121
PROJECT: Zoning Change for Proposed Villas Del Sol
REQUEST: HLD- Southlake Development, Ltd., is requesting approval of a change of zoning
from "AG" Agricultural District to "SF -1A" Single Family Residential District on
approximately 10.82 acres.
A preliminary plat proposing nine single family residential lots averaging 1.02 acres
per lot has been submitted concurrently and will be presented at the December 6,
2005 City Council meeting.
No plan is required to be submitted with a request for "SF -IA" single family
residential development.
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 -473
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -121
BACKGROUND INFORMATION
• 'R '
APPLICANT:
PROPERTY SITUATION
LEGAL DESCRIPTION
LAND USE CATEGORY
CURRENT ZONING
REQUESTED ZONING:
HISTORY:
TRANSPORTATION
ASSESSMENT:
Case No.
ZA05 -121
HLD- Southlake Development, Ltd.
Adams Consulting Engineers, Inc.
The property is located on the northwest corner of the intersection of E.
Highland Street and Sunshine Lane.
Tract 3AIA1, situated in the F. Throop Survey, Abstract No. 1511
Low Density Residential with Rural Conservation optional designation
"AG" Agricultural District
"SF-IA" Single Family Residential District
There is no development history on this property.
Master Thorouzhfare Plan
The Master Thoroughfare Plan recommends E. Highland Street to be 2 -lane,
undivided collector with 70 feet of right -of -way adjacent to this site.
Adequate right -of -way dedication is shown on the preliminary plat.
Existinz Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with E.
Highland Street.
Currently, E. Highland Street and Sunshine Lane are 2 -lane, undivided
roadways. The capacity of the existing roadways is approximately 8,400
vehicle trips per day. Under this condition, the roadways would be
considered to operate under a level of service `D'. This development is not
expected to warrant expansion of the existing roadway network. No plans for
improvement in the near future have been made for E. Highland Street or
Sunshine Lane.
May, 2005 traffic counts on E. Highland St (between Kimball Ave &
Carroll Ave
24hr
West Bound (VvB ) (383
East Bound (EB) (368
WB
Peak A.M. 89 7:30 - 8:30 a.m.
Peak P.M. 42 2:45 - 3:45 p.m.
EB
Peak A.M. 49 7:30 - 8:30 a.m.
Peak P.M. 52 3:15 - 4:15 p.m.
May, 2005 traffic counts on Sunshine Ln (between E. Highland St & E.
Attachment A
Page 1
Dove St
24hr
West Bound WB 120
East Bound (EB) (114
WB
Peak A.M. 10 8 — 9 a.m.
Peak P.M. 15 3:30 — 4:30 p.m.
EB
Peak A.M. 18 7:30 — 8:30 a.m.
Peak P.M. 13 12 — 1 p.m.
Traffic Impact
Use
# Lots
Vtpd*
AM-
AM-
PM-
PM-
IN
OUT
IN
OUT
9 Estimated Number of
9
86
2
5
6
3
Single - Family Residential
Lots
*Vehicle Trips Per Day
**The AM /PM times represent the number of vehicle trips generated during the peak travel
times on E. Highland Street.
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 multi -use trail on the south side of E. Highland Street. The applicant
is proposing 4 -foot sidewalks on both sides of the proposed street.
WATER & SEWER: A 6 -inch water line exists along the south side of E. Highland Street and an
8 -inch water line exists along the east side of Sunshine Lane. An 8 -inch
sanitary sewer line exists along the north side of E. Highland Street just to
the west of the proposed development.
DRAINAGE COMMENTS: A majority of the area in this development will drain to the street (Costa Azul
Drive) where it will be directed to the northeast cul -de -sac where proposed
detention will be located. The detention area will release the storm water
into the existing bar ditches in Sunshine Lane. The remainder of the area
will drain directly to the existing bar ditches along Sunshine Lane.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025
committee for the State Highway 114 study area to include the following
changes:
Land Use Recommendations
• Existing land use designations — Low Density Residential and RC. The
proposed development complies with the Low Density Residential land
use designation. The site is too small to be developed as a Rural
Conservation subdivision.
Environment Resource Recommendations
Case No. Attachment A
ZA05 -121 Page 2
• Maintain the existing topography of the site to the maximum extent
feasible.
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.
M \Community Development \MEMO \2005cases \05- 121Z.doc
Case No.
ZA05 -121
Attachment A
Page 3
Vicinity Map
Tract 3AO 1 Al , F. Th roo p S ury y Abstract 1511
Ville Del Sol
I'll
W
E
Is
Case No.
ZA05 -121
Attachment B
Page 1
1000 0 1000 2000 3000 Feet
Surrounding Property Owners
Villas Del Sol
Tract 3AIAI, F. Throop Survey, Abstract No. 1511
Owner
Zoning
Land Use
Acreage
1. Wisterra Southlake Lp
NR -PUD
Mixed Use
s
Gateway Church
2. Knight, Harold I
AG
Low Density Residential
5
3. Haines, Penne F & Victor
AG
Low Density Residential
6
4. Haines, Penne F & Victor
AG
Low Density Residential
1.122
5. Barker, Douglas J & Saundra
AG
Low Density Residential
4.144
6. Haines, Penne F & Victor
AG
Low Density Residential
8.545
7. Giolma, F Edwin
SF-IA
7
2.102
8. Powers, J D
4
Low Density Residential
1.372
9. Braun, Fred
SF-IA
Low Density Residential
1.536
10. Gentry, John R & Anna Braun
SF-IA
Low Density Residential
2.082
11. Braun, Fred
SF-IA
Low Density Residential
2.051
12. Brown, William G
10
Low Density Residential
10.631
Case No.
Attachment C
ZA05-121
11
Page I
12
3
9
2
1
Owner
Zoning
Land Use
Acreage
1. Wisterra Southlake Lp
NR -PUD
Mixed Use
89.611
Gateway Church
2. Knight, Harold I
AG
Low Density Residential
11.156
3. Haines, Penne F & Victor
AG
Low Density Residential
7.400
4. Haines, Penne F & Victor
AG
Low Density Residential
1.122
5. Barker, Douglas J & Saundra
AG
Low Density Residential
4.144
6. Haines, Penne F & Victor
AG
Low Density Residential
8.545
7. Giolma, F Edwin
SF-IA
Low Density Residential
2.102
8. Powers, J D
SF-IA
Low Density Residential
1.372
9. Braun, Fred
SF-IA
Low Density Residential
1.536
10. Gentry, John R & Anna Braun
SF-IA
Low Density Residential
2.082
11. Braun, Fred
SF-IA
Low Density Residential
2.051
12. Brown, William G
AG
Low Density Residential
10.631
Case No.
Attachment C
ZA05-121
Page I
Surrounding Property Owner Responses
Villas Del Sol
Tract 3A1A1, F. Throop Survey, Abstract No. 1511
Notices Sent: Ten (10)
Responses: None (0)
Case No.
ZA 01 -090
Attachment D
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -473
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
3A1A1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO.
1511, BEING APPROXIMATELY 10.82 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 -121 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 -121 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 3A1 Al, situated in the F. Throop Survey, Abstract No. 1511, being approximately
10. 82 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 -121 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 -121 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 -121
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 -121
Attachment E
Page 6
EXHIBIT "A"
Being Tract 3AIA1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 10.82 acres.
LEGAL DESCRIPTION
VILLAS DEL SOL SUBDIVISION
34490
09/14105
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE F.
THROOP SURVEY, ABSTRACT NUMBER 1511, TARRANT COUNTY, TEXAS, AND BEING
ALL OF A TRACT DESCRIBED IN A DEED TO G. WILLIAM BROWN, RECORDED IN VOLUME
12585, PAGE 613, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 112 INCH IRON PIN FOUND AT THE NORTHERN MOST NORTHWEST
CORNER OF SAID BROWN TRACT AND THE SOUTHEAST CORNER OF A 9.47 ACRE
TRACT DESCRIBED IN A DEED TO CHARLES WILLIAM KREYCIK, ET UX, RECORDED IN
VOLUME 6574, PAGE 81, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, AND
BEING ON THE NORTH LINE OF A 19.57 ACRE TRACT DESCRIBED IN A DEED TO C.W.
KREYCIK, RECORDED IN VOLUME 3378, PAGE 599, OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS, SAID PIN ALSO BEING AT THE SOUTHWEST CORNER OF A
TRACT DESCRIBED IN A DEED TO DOUGLAS J. BARKER, ET UX, RECORDED IN VOLUME
9983, PAGE 1332, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE NORTH 89 DEGREES 52 MINUTES 49 SECONDS EAST WITH THE NORTH LINE
OF SAID BROWN TRACT, A DISTANCE OF 550.00 FEET TO A 1/2 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET AT THE NORTHEAST CORNER
OF SAID BROWN TRACT ON THE WEST LINE OF SUNSHINE LANE;
THENCE SOUTH 00 DEGREES 02 MINUTES 08 SECONDS WEST WITH THE EAST LINE OF
SAID BROWN TRACT AND THE WEST LINE OF SUNSHINE LANE, A DISTANCE OF 775.00
FEET TO A PK NAIL SET AT THE SOUTHEAST CORNER OF SAID BROWN TRACT AND ON
THE NORTH LINE OF A TRACT DESCRIBED IN A DEED TO HAROLD KNIGHT, RECORDED
IN VOLUME 3018, PAGE 579, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 57 MINUTES 30 SECONDS WEST WITH THE SOUTH LINE
OF SAID BROWN TRACT, A DISTANCE OF 635.00 FEET TO A PK NAIL FOUND AT THE
SOUTHWEST CORNER OF SAID BROWN TRACT ON THE SOUTH LINE OF SAID 19.57
ACRE TRACT IN HIGHLAND STREET;
THENCE NORTH 01 DEGREES 29 MINUTES 21 SECONDS EAST WITH A WEST LINE OF
SAID BROWN TRACT, A DISTANCE OF 555.23 FEET TO A 112 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET FOR CORNER;
THENCE SOUTH 89 DEGREES 17 MINUTES 56 SECONDS EAST WITH A NORTH LINE OF
SAID BROWN TRACT, A DISTANCE OF 51.50 FEET TO A 112 INCH IRON PIN WITH A
YELLOW PLASTIC CAP MARKED "METROPLEX 1849" SET AT AN INNER ELL CORNER OF
SAID BROWN TRACT;
THENCE NORTH 00 DEGREES 06 MINUTES 55 SECONDS WEST WITH A WEST LINE OF
SAID BROWN TRACT, A DISTANCE OF 220.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING IN ALL 10.822 ACRES OF LAND.
Case No.
ZA05 -121
Attachment E
Page 7