Item 8D City of Southlake
outhla e
Department of Planning
STAFF REPORT
April 12, 2002
CASE NO: ZA02-024
PROJECT: 1300 Shady Oaks Drive
REQUEST: Lawrence Marshall is requesting approval of a zoning change from "AG"
Agricultural District to "SF-1A" Single Family Residential District.
ACTION NEEDED: Consider first reading for zoning change
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owner Map
(D) Surrounding Property Owner's Responses
(E) Ordinance No. 480-397
STAFF CONTACT: Ben Bryner (481-2086)
L
Case No.
ZA02-024
BACKGROUND INFORMATION
OWNER/APPLICANT: Lawrence Marshall
PURPOSE: The purpose of this request is to place appropriate residential zoning on the
property.
PROPERTY SITUATION: 1300 Shady Oaks Drive
LEGAL DESCRIPTION: TM Hood Survey, Abstract No. 706, Tract 2A
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG"Agricultural District
REQUESTED ZONING: "SF-1A" Single Family Residential District
HISTORY: There is no development history on this property. A house currently exists on
the property.
P&Z ACTION: April 4, 2002; Approved (7-0)
cw STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family
Residential District does not require a Concept Plan.
N:\Community Development\WP-FILES\MEMO\2002cases\02024Zdoc
Case No. Attachment A
ZA02-024 Page 1
Vicinity Map
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Case No. Attachment B
ZA02-024 Page 1
Surrounding Property Owners
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Owner Zoning Land Use Acreage
1. L. Dixon 1. PUD Low Density Residential 1. 0.73
2. G. Stewart 2. AG Low Density Residential 2. 0.76
3. C. Willingham 3. AG . Low Density Residential 3. 1.64
4. S. Richardson 4. SF-1A 4. Low Density Residential 4. 5.00
5. J. Kuelbs 5. SF-1A 5. Low Density Residential 5. 5.00
6. B. Crook 6. SF-lA 6. Low Density Residential 6. 2.00
7. R. Dahlson 7. SF-1A 7. Low Density Residential 7. 1.10
8. R. Dalhson 8. SF-lA 8. Low Density Residential 8. 4.92
9. J. Palon 9. SF-lA 9. Low Density Residential 9. 0.74
10. D. Onofrio 10. SF-lA 10. Low Density Residential 10. 0.74
11. J. Hammond 11. SF-lA 11. Low Density Residential 11. 0.80
12. E. Shuping 12. SF-lA 12. Low Density Residential 12. 1.30
13. L. Marshall 13. AG 13. Low Density Residential 13. 2.52
14. R. Gaines 14. SF-lA 14. Low Density Residential 14. 3.00
15. L. Dixon 15. PUD 15. Low Density Residential 15. 1.00
Case No. Attachment C
ZA02-024 Page 1
Surrounding Property Owner Responses
1300 Shady Oaks
Notices Sent: Thirteen (13)
Responses: None
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Case No. Attachment D
ZA02-024 Page 1
CITY OF SOUTHLAKE, TEXAS
................... .........
ORDINANCE NO. 480-397
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
2A, TM HOOD SURVEY, ABSTRACT NO. 706, AND BEING
APPROXIMATELY 2.52 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
ZA02-024 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
Case No. Attachment E
ZA02-024 Page 2
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 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
Cor 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 2A, TM Hood Survey,Abstract No. 706,and being approximately 2:52
acres, and more fully and completely described in Exhibit "A" from ``AG"
(11r Agricultural District to"SF-IA"Single Family Residential District.
Case No. Attachment E
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(0 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.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be
subject 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,
Case No. Attachment E
ZA02-024 Page 4
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.
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
(r, ordinance or its caption and penalty together with a notice setting out the time and place for a public
Case No. Attachment E
ZA02-024 Page 5
hearing thereon at least ten (10) 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.
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 day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
tilor
ACTING CITY SECRETARY
Case No. Attachment E
ZA02-024 Page 6
L APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA02-024 Page 7
EXHIBIT "A"
Being Tract.:2A, TM Hood Survey, Abstract No. 706, and being approximately 2.52 acres.
BEING all that certain lot, tract or parcel of land situated in the Thomas M.
Hood Survey, Abstract No. 706, in the City of Southlake, Tarrant County,
Texas, and being the same tract as described in deed to Michael L. Howard, as
recorded in Volume 10973, Page 922, of the Deed Records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a found l "iron rod in Shady Oaks Lane, and at the Northwest
corner of this tract;
THENCE South 00 degrees 18 minutes West, a distance of 167.9 feet to a found
l " iron rod;
THENCE West, passing at 17.02 feet a found 1/2" iron rod in the West line of
said Shady Oaks Lane and at the Northeast corner of Lot 3, T.M. Hood
Addition No. 706, an addition to the City of Southlake, Tarrant County, Texas,
and continuing for a total distance of 659.72 feet to a found 1/2"iron rod at the
Northwest corner of said Lot 3, and in the East line of Lot 3, Coventry Manor,
an addition to the City of Southlake, Tarrant County, Texas;
THENCE North 00 degrees 17 minutes 30 seconds East, along the East line of
said Lot 3 and the East line of Lot 4 of said Coventry Manor, a distance of
173.8 feet to a found '/z" iron rod in the South line of a tract as described in
deed to Elza L. Shuping;
THENCE South 89 degrees 29 minutes 15 seconds East, along the South line of
said Shuping tract, passing at 643.47 feet a found 1/2"iron rod at the Southeast
corner of said Shuping tract and in the West line of said Shady Oaks Lane, and
continuing for a total distance of 659.74 feet to the POINT OF BEGINNING,
and containing 112,714 square feet or 2.588 acres of land, of which 2,796
square feet or 0.064 acre is within said Shady Oaks Lane, leaving a net of
109,918 square feet or 2.523 acres of land.
Case No. Attachment E
ZA02-024 Page 8