Item 7ACity of Southlake
Department of Planning
STAFF REPORT
November 3, 2004
CASE NO: ZA04 -054
PROJECT: St. Emilion Subdivision
REQUEST: On behalf of Phil Chaffins Custom Homes, Adams Consulting Engineers, Inc. is
requesting approval of a zoning change from "AG" Agricultural District to "SF-IA"
Single Family Residential District.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second 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 -448
STAFF CONTACT: Ken Baker (481 -2046)
Dennis Killough (481 -2073)
Case No.
ZA04 -054
BACKGROUND INFORMATION
OWNER: Phil Chaffins Custom Homes
APPLICANT: Adams Consulting Engineers, Inc.
PROPERTY SITUATION: 1580 E. Highland Street; The property is located on the north side of E.
Highland Street, approximately 650 feet west of Sunshine Lane.
LEGAL DESCRIPTION: Tracts 3AIA, 3 A I A2, & 3A1D2, situated in the F. Throop Survey, Abstract
No. 1511
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
ORIGINAL
ZONING REQUESTED: "SF -30" Single Family Residential District.
AMENDED
ZONING REQUEST: "SF-IA" Single Family Residential District
HISTORY: There is no development history on this property.
TRANSPORTATION
ASSESSMENT: Master Thoroughfare Plan
Case No.
ZA04 -054
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 concept plan.
Existin- Area Road Network and Conditions
The proposed subdivision will have one (1) street intersecting with E.
Highland Street.
Currently, E. Highland Street 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'. 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.
May, 2004 traffic counts on E. Highland St (between Kimball Ave &
Carroll Ave
24hr I West Bound (WB) (485) East Bound (EB) (477)
Attachment A
Page 1
WB
Peak A.M.
107) 7
— 8 a.m.
Peak P.M.
43) 3
— 4 p.m.
EB
I Peak A.M.
48) 8 —
9 a.m.
Peak P.M.
67) 3
— 4 p.m.
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. Internal
sidewalks are not required for residential developments having an average lot
size of one (1) acre or more.
WATER & SEWER: A 6 -inch water line exists along the south side of E. Highland Street. An fl-
inch sanitary sewer line exists along the west boundary of the proposed
development.
P &Z ACTION: September 23, 2004; Denied "SF -30" zoning change and concept plan
request (6 -0)
COUNCIL ACTION: October 5, 2004; Approved to table on consent (6 -0) until October 19, 2004.
October 19, 2004; Approved first reading (7 -0) subject to the amended "SF-
IA" zoning change request.
STAFF COMMENTS: Development under the "SF -IA" zoning regulations is compliant with the
City's Future Land Use Plan designation of "Low Density Residential" for
this area. An application for "SF-IA" zoning does not require submittal of a
concept plan. Therefore, no review summary is included in this report.
Due to the recommendation for denial by the Planning and Zoning
Commission and opposition from surrounding property owners within
the 200 feet perimeter exceeding 20% (f 22 %), a super - majority vote for
approval (6 of 7 Council Members) is needed to approve this zoning
change.
N:`,Coimnunity Development', MEMO 2004cases`,04- 054ZCP.doc
Case No. Attachment A
ZA04 -054 Page 2
Vicinity Map
St. Emilion Subdivison
0
Case No.
ZA04 -054
1:
Attachment B
Page 1
Surrounding Property Owners
St. Emilion Subdivision
18
Owner I Zoning I Land Use I Acreage
1. Herndon, Boyd & Susan
"SF -IA"
Low Density Residential
1.205
2. Edelen, David & Mary A.
"SF -IA"
Low Density Residential
0.990
3. Rogers, Loren B.
"SF -IA"
Low Density Residential
1.170
4. Ackerman, Gail P.
"SF -IA"
Low Density Residential
1.051
5. Rose, Don W.
"SF -IA"
Low Density Residential
1.295
6. Francis, Jere & Janice
"SF -IA"
Low Density Residential
0.907
7. Tong, Dale & Whitney
"SF -IA"
Low Density Residential
1.029
8. Davidson, Kenneth & Gayle
"SF -IA"
Low Density Residential
1.162
9. Berdine, Gilbert & Jill
"SF -IA"
Low Density Residential
1.008
10. Kolbek, Raymond
"SF -IA"
Low Density Residential
1.033
11. Johnson, Kenneth & Gayle
"SF -IA"
Low Density Residential
1.433
12. Duerst, Bradley & S J
"SF -IA"
Low Density Residential
5.000
13. Duerst, Bradley & S J
"SF -IA"
Low Density Residential
1.920
14. Santiago, Nelson & Carmen
"RE"
Low Density Residential
2.809
15. Santiago, Nelson & Carmen
"RE"
Low Density Residential
2.805
16. Baker, Douglas & Saundra
"AG"
Low Density Residential
3.940
17. Brown, William
"AG"
Low Density Residential
10.470
18. Wisterra Southlake Lp
"NR -PUD"
Retail Commercial
77.85
19. Kreycik, Charles & Betty &
"AG"
Low Density Residential
NA
Duerst, Bradley & S J
Case No.
ZA 04 -054
Attachment C
Page 1
Surrounding Property Owner Responses
St. Emilion Subdivision
Notices Sent: Nineteen (19)
Responses: Five (5) from within the 200' notification area.
• Raymond Kolbek, 1221 Whispering Lane, Southlake, TX 76092; opposed. See attached Property
Owner Response Form received 9- 14 -04.
• David Edelen, 1203 Ashmore Court, Southlake, TX 76092; opposed. See attached Property Owner
Response Form received 9- 14 -04.
•
BoydK Herndon, 1201 Ashmoore Court., Southlake, TX 76092; opposed. See attached Property
Owner Response Form received 9- 21 -04.
• Gail Perry Ackerman, 1207 Ashmoore Court, Southlake, TX 76092; opposed. See attached
Property Owner Response Form received 9- 21 -04.
• Jere L Francis, 1211 Ashmoore Court, Southlake, TX 76092; opposed. See attached Property
Owner Response Form received 9- 20 -04.
Case No. Attachment D
ZA 04 -054 Page 1
Proper Own Response Form
1Ref wncar Z4 0 -� —
Being the ewnmr s) of (be property so noted, do hereby fav I oppose r role or
and rfine one) the proposed rezoning of the above rtfereac -
Signature -
F P 14 21114
RP,Wj or Mail to
City of Southlake
Planning Department
1400 Man Street, Suitt 31 D
Southlake, Texas 76092
WC4F[mmiry De -FILL -STORM fficaal pcRiC bn d44
-- L.)
Date
Case No. Attachment D
ZA 04 -054 Page 2
P operly Owner)? esponse Form
Reference; ZA D' - 0 S L I
D
Being the owner(s) of the pxoperty so noted, do hereby favo !oppose (ca le ar
underline ore) the proposal retuning of the abo referenced
S ignature
Rtnm or Mail to;
Date.
City of Southlake
Planning Department
1404 Mai Street, Suite 310
Soutbiakc, Texas 76092
RED S FP 14 2004
N- �Communixy petisim,dcc
I`. I
ou
Case No. Attachment D
ZA 04 -054 Page 3
pti�tl w 2603
Property Owner Response Form
Reference: ZA 6 L — O '�5 `�
I, � 0, �! d l j 1 �'lL( d ,d'?
/ 2 / 0 s Gr m o a Y e G7
Being the owner(s) of the property so noted, do hereby favor oppose cle or
underline one) the proposed rezoning of the above referenced pro e y.
012VO
Signature
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street., Suite 310
Southlake, Texas 76092
- Z oh r Ira C
S /011/ 4AL
SF—/ . 14,
NACommunity Development \WP- FILESTORMSioffieiai petition.doc
Case No.
ZA 04 -054
Attachment D
Page 4
W i ,V, 2DO
Property Owner Response Form
Reference. ZA 0 t � — d S `t
I, �7 C'4
+ 1 oe— (r'l A C—I� 'E�x t-+ A -rL
Being the owner(s) of the property so noted, do hereby favor/ pos (circle or
underline ore) the proposed rezoning of the above referenced property.
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
M Community ❑ eeelopment \WP- FILESIFURMSIofficial petition.doc
Date
Case No. Attachment D
ZA 04 -054 Page 5
Reference; ZA Cp t�
Being the owner(s) of the property so noted, do hereby favor /o Q(circle or
underline one) the proposed rezoning of the above referenced property.
e
Return or Mail to:
City of Southlake
Planning Department
1400 Main Street, Suite 310
Southlake, Texas 76092
Date
REO'D SEP 21 2004
MACommunity Development \WP- FII.ESIFORMS\of6cial petition.doc
Case No. Attachment D
ZA 04 -054 Page 6
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -448
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
3AIA, 3AIA2, AND 3AID2, SITUATED IN THE F. THROOP SURVEY,
ABSTRACT NO. 1511, BEING APPROXIMATELY 16.93 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
WHEREAS, a change in the zoning classification of said property was requested by a person or
Case No. Attachment E
ZA04 -054 Page 1
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,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning
Case No. Attachment E
ZA04 -054 Page 2
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 3AIA, 3A1A2, and 3A1D2, situated in the F. Throop Survey, Abstract No. 1511,
being approximately 16.93 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,
Texas, to reflect the herein changes in zoning.
Case No. Attachment E
ZA04 -054 Page 3
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.
SECTION 6.
Case No. Attachment E
ZA04 -054 Page 4
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
of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
Case No.
ZA04 -054
Attachment E
Page 5
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 Ist reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2004.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
EXHIBIT "A"
Case No.
ZA04 -054
Attachment E
Page 6
Being Tracts 3AIA, 3A1A2, and 3A1D2, situated in the F. Throop Survey, Abstract No. 1511, being
approximately 16.93 acres.
METES AND BOUNDS
PROPERTY DESCRIPTION'
BEING a 16.93 acre tract of land, currently zoned agricultural, situated in the FRANCIS
THROOP SURVEY, ABSTRACT NO. 1511, Tarrant County, Texas and being the tract .
owned by Phil Chaf ms and Bryan Elliot, described in a deed of record in TR 3AlA, TR
3A1D2, and Volume 13275, Page 158, Deed Records, Tarrant County, Texas said tracts
being contiguous are considered for the purposed herein as on tract and . is more
particularly described by metes and bounds as follows.
BEING a tract of land more particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of said tract.
THENCE North 00 °49'00" West, a distance of 1408.44 feet to the northwest corner of
said tract;
THENCE EAST, a distance of 550.00 feet to the northeast corner of said tract;
THENCE South 00 °49'00" East, a distance of 670.01 feet to an angle point;
THENCE South 00 °38'22" East, a distance of 218.84 feet to the easternmost southeast
corner of said tract;
THENCE South 89 0 30'24" West, a distance of 62.66 feet to an interior ell corner;
THENCE South 00 °52'28" West, a distance of 519.25 feet to the southernmost southeast
corner of said tract;
THENCE North 89 °58'35" West, a distance of 471.34 feet to the POINT OF
BEGINNING.
PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY
PURPOSE
Case No. Attachment E
ZA04 -054 Page 7