Item 7C City of Southlake
•U Department of Planning
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STAFF REPORT
May 3, 2002
CASE NO: ZA02-022
PROJECT: 651 E. Highland
REQUEST: On behalf of JGJ, Inc., C&P Engineering Ltd is requesting approval of a zoning
change on approximately 2.2 acres of land currently zoned "AG" Agricultural.
Requested zoning is "SF-1A" 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) Plans and Support Information
(D) Surrounding Property Owner Map
(E) Surrounding Property Owner's Responses
(F) Ordinance No. 480-396
STAFF CONTACT: Ben Bryner (481-2086)
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Case No.
ZA02-022
BACKGROUND INFORMATION
OWNER: JGJ, Inc.
APPLICANT: C&P Engineering Ltd
PURPOSE: The purpose of this request is to place residential zoning on a portion of the
applicant's property which contains the principal residence.
PROPERTY SITUATION: The property is located at 651 E. Highland
LEGAL DESCRIPTION: A portion of Lot 1, Block A, Milner Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG"Agricultural District
REQUESTED ZONING: "SF-1A" Single Family Residential District
HISTORY: -A preliminary plat was approved by the City Council on November 1, 1988.
-A final plat was approved by the City Council on December 20, 1988.
P&Z ACTION: April 4, 2002; Approved (7-0)
CITY COUNCIL ACTION: April 16, 2002; Approved first reading on consent (6-0)
STAFF COMMENTS: Please note that a change of zoning to the "SF-1 A" Single Family Residential
District does not require a Concept Plan.
N:\Community Development\WP-FILES\MEMO\2002cases\02022Zdoc
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Case No. Attachment A
ZA02-022 Page 1
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Milner Addition
Lot IR2, Block A
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Case No. Attachment B
ZA02-022 Page 1
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Case No. Attachment C
ZA02-022 Page 1
Surrounding Property Owners
Milner Addition,
Lot 1R2, Block A
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Owner Zoning Land Use Acreage
1. JGJ, Inc 1. AG 1. Med. Density Residential/ 1. 52.1
100 Yr. Flood Plain/Mixed '
Use
2. T. Ford 2. SF-lA 2. Low Density Residential 2. 1.01
3. T. Moore 3. SF-lA 3. Low Density Residential 3. 1.00
4. T. Zenoble 4. SF-lA 4. Low Density Residential 4. 2.44
5. J E Miller Enterprises 5. AG 5. Med Density 5. 35.6
Residential/100 Yr. Flood
Plain/Mixed Use
6. G. Upshaw 6. AG 6. Mixed Use 6. 1.00
7. JCJ, Inc 7. AG 7. Mixed Use 7. 0.42
8. JCJ, Inc 8. AG 8. Mixed Use 8. 23.3
9. JCJ, Inc 9. AG 9. Med. Density Residential 9. 2.20
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Case No. Attachment D
ZA02-022 Page 1
Surrounding Property Owner Responses
Milner Addition
Lot 1R2, Block A
Notices Sent: Six (6)
Responses: None
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Case No. Attachment E
ZA02-022 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-396
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 A
PORTION OF LOT 1,BLOCK A,MILNER ADDITION,AN ADDITION
TO THE CITY OF SOUTHLAKE AS RECORDED IN CABINET A,
SLIDE 147, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND
BEING APPROXIMATELY 2.1972 ACRES,AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG"
AGRICULTURAL DISTRICT TO "SF-1A" 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
Case No. Attachment F
ZA02-022 Page 1
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 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
Case No. Attachment F
ZA02-022 Page 2
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 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
t land requested for a change since the tract or tracts of land were originally classified and therefore
�r 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 a portion of Lot 1, Block A, Milner Addition, an addition to the City of
Southlake as recorded in Cabinet A, Slide 147,Plat Records,Tarrant County,Texas,
Case No. Attachment F
ZA02-022 Page 3
and being approximately 2.1972 acres, and more fully and completely described in
Cor Exhibit "A" from "AG"Agricultural District to"SF-1A" 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.
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.
Case No. Attachment F
ZA02-022 Page 4
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.
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.
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Case No. Attachment F
ZA02-022 Page 5
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 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.
fir• PASSED AND APPROVED on the 1st reading the day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
kir
Case No. Attachment F
ZA02-022 Page 6
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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Case No. Attachment F
ZA02-022 Page 7
EXHIBIT A"
Being a portion of Lot 1,Block A,Milner Addition,an addition to the City of Southlake as recorded
in Cabinet A, Slide 147,Plat Records,Tarrant County,Texas,and being approximately 2.1972 acres.
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BOUNDARY DESCRIPTION
A tract of land situated in the William W. Hall Survey, Abstract No. 687, in the City of Southlake,
Tarrant County, Texas, and being part of Lot 1, Block A of the"Milner Addition", an addition to the
City of Southlake recorded in Cabinet A.Page 147 in the Tarrant County Map Records, and being part
of the called 54.61 acres tract described in the deed to KO, Inc. recorded in Volume 6784 Page 939 in
the Tarrant County Deed Records; and being more particularly described as follows:
COMMENCING at a found concrete monument at the southwest corner of said Lot 1,being also the
southeast corner of Lot 9 Block 5 of"Chapel Downs", an addition to the City of Southlake recorded in
Cabinet A Slide 386 in the Tarrant County Map Records;
THENCE North 89°3547" East 538.00 feet along the north side of Block 1 Of"Mission Hill Estates",
a addition to the City of Southlake recorded in Volume 388-163 Page 89 in the Tarrant County Map
Records to a set -inch iron rod with C&P cap for the POINT OF BEGINNING;
THENCE North 00°24'14"West 337.00 feet to a set '-inch iron rod with C&P cap;
THENCE South 89°35'47"East 284.00 feet to a sett-inch iron rod with C&P cap;
THENCE South 00°24'14"East 337.00 feet to a set 1/2-inch iron rod with C&P cap;
THENCE South 89°35'47" West 284.00 feet along the north side of Lot 14RA"Revised Mission Hill
Estates"an addition to the City of Southlake recorded in Volume 388-191 .Page 31 in the Tarrant
County Map Records, and continuing along the north side said "Mission Hill Estates",to the Point of
Beginning and Containing 2.1972 acres of land more or less.
thir
Case No. Attachment F
ZA02-022 .Page 8