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Item 7BCity of Southlake Department of Planning & Development Services S T A F F R E P O R T August 1, 2007 ZA06-003 CASE NO: Zoning Change for approximately 2.24 acres being a portion of Tracts 2A, 2B1 PROJECT: and 3A, T. Mahan Survey, Abstract No. 1049 REQUEST: Gateway Church is requesting approval of a zoning change from “NRPUD”, Non- Residential Planned Unit Development district to “AG” Agricultural district. The purpose of this request is to change the zoning of this tract so that it can be combined with the adjoining 38 acres of land to the west of this site currently zoned “AG” and owned by the Carroll Independent School District. The specific tract is labeled as Parcel ‘F’ in the zoning exhibit included as attachment ‘C’ of this report. The property involved is intended to remain in an agricultural use and there are no immediate plans for construction or further development. Consider first reading for a zoning change ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-528 STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA06-003 BACKGROUND INFORMATION OWNER/APPLICANT: Gateway Church PROPERTY SITUATION: Approximately 1200 feet west of N. Kimball Avenue and approximately 600 feet south of E. Highland Street. LEGAL DESCRIPTION: A portion of Tracts 2A, 2B1 and 3A, T. Mahan Survey, Abstract No. 1049 LAND USE CATEGORY: Mixed Use CURRENT ZONING: “NR-PUD” Non-Residential Planned Unit Development District REQUESTED ZONING: “AG” Agricultural District HISTORY: “NR-PUD” Non-Residential Planned Unit Development District and a Concept Plan were approved June 17, 1997. TRANSPORTATION ASSESSMENT: This tract is to be combined with an adjoining “AG” zoned tract and under its current development status will have virtually no impact on adjacent roadways. PATHWAYS MASTER PLAN: An 8’ trail is required along the north side of future Kirkwood Boulevard and E. Highland Street. Under the current zoning proposal for this site, construction of the trail or sidewalks is not required at this time. Sidewalk and trail requirements will be re-evaluated with any future zoning, site plan, platting and/or building permit proposals. WATER & SEWER: There are no improvements proposed with this request DRAINAGE ANALYSIS: There are no improvements proposed with this request TREE PRESERVATION: There are no plans or construction proposed at this time. P & Z ACTION: July 5, 2007; Tabled (5-0) to the July 19, 2007 Planning and Zoning Commission meeting. July 19, 2007; Approved (7-0) as presented. STAFF COMMENTS: No plan is required with a request for “AG” agricultural zoning. A zoning exhibit is included as attachment ‘C’. The specific parcel is shown as parcel ‘F’. The applicant and owner should be aware that any lot proposed for platting and/or development in the “AG” agricultural district must comply with the underlying uses and development regulations for that district as prescribed in Section 9 of the Comprehensive Zoning District No. 480, as amended which Case No. Attachment A ZA06-003 Page 1 includes but is not limited to lot(s) must front on a street, minimum lot area of 435,600 square feet and a minimum lot width of 300 feet. The owner/applicant has indicated to staff that this 2.24 acres is to be combined with the adjoining “AG” zoned property which would be compliant with the referenced regulations. No development is proposed at this time. N:\Community Development\MEMO\2006cases\06-003Z.doc Case No. Attachment A ZA06-003 Page 2 Case No. Attachment B ZA06-003 Page 1 Case No. Attachment C ZA06-003 Page 1 Surrounding Property Owners Gateway Church SPO # Owner Zoning Land Use Acreage Low Density Residential 1. Panorama Properties Ltd SF1-A 1.035 Low Density Residential 2. Hld-Southlake Development Ltd SF1-A 1.015 Low Density Residential 3. Kelly & Kramer LP SF1-A 1.082 Low Density Residential 4. Panorama Properties Ltd SF1-A 1.028 Medium Density Residential 5. Martin Custom Homes LLC SF20A 100 Year Flood Plan 1.085 Medium Density Residential 6. Chowdhury, Faroque Alam SF20A 0.5 Medium Density Residential 7. Brooks, William David, Jr SF20A 0.468 Medium Density Residential 8. Woomer, Scott Etux Rayeann SF20A 0.46 Medium Density Residential 9. Patterson, B H Etux Virginia AG 1.725 Low Density Residential 10. Patterson, Burton H Etux Virg AG 1.394 Low Density Residential 11. Herndon, Boyd K Etux Susan K SF1-A 1.205 Case No. Attachment D ZA06-003 Page 1 Low Density Residential 12. Thomas, Donald Etux Connie SF1-A 1.336 Low Density Residential 13. Junell, Michael SF1-A 1.236 Low Density Residential 14. Cook, Steven E Etux Katherine SF1-A 1.318 Low Density Residential 15. Hardin, Roger D Etux Ann C SF1-A 1.412 Low Density Residential 16. Huning, Eric Etux Mary SF1-A 2.614 Retail Commercial 17. Schulz, Laura A Etvir Edwin R AG 0.287 Retail Commercial 18. Schenk, Joel AG 0.248 Retail Commercial 19. Collins, Ted SF1-A 0.504 Retail Commercial 20. Johnson, Deborah Bohannon Etal AG 0.479 Retail Commercial 21. Steele, Crystal M Etvir Robert AG 0.295 Retail Commercial 22. Carroll ISD AG 1.041 Retail Commercial 23. Nec Carroll & 114 Ltd Prtnshp AG 0.163 Retail Commercial 24. Nec Carroll & 114 Ltd Prtnshp AG 0.21 Retail Commercial 25. Nec Carroll & 114 Ltd Prtnshp AG 0.019 Retail Commercial 26. D/Fw Carroll Road Ltd SP1 0.744 Retail Commercial 27. D/Fw Carroll Road Ltd SP1 0.485 Medium Density Residential 28. Don L Taylor Homes Ltd SF20A 0.467 Medium Density Residential 29. J Lambert Construction Inc SF20A 0.469 Medium Density Residential 30. Dallas Cornerstone Classic Bld SF20A 100 Year Flood Plan0.518 Medium Density Residential 31. Dallas Cornerstone Classic Bld SF20A 100 Year Flood Plan0.573 Medium Density Residential 32. Southlake/Terra Lp SF20A 100 Year Flood Plan1.023 Mixed Use 33. Howell, Dan Etux Marguerite MF1 0.976 Mixed Use 34. Ekstrom, Delton E SF1-A 1.052 Mixed Use 35. Coty, Rita SF1-A 0.911 Mixed Use 36. Moss, Angelia J Etvir Jack A SF1-A 1.094 Mixed Use 37. Kaufman, James & Denise Hines SF1-A 1.346 Mixed Use 38. Pafel, Thomas D Etux Marcia L SF1-A 1.048 Mixed Use 39. Brown, Ronni Etvir Richard SF1-A 1.288 Low Density Residential 40. Calais Construction Inc SF1-A 0.996 Low Density Residential 41. St Emilion Partners SF1-A 0.971 Public/Semi-Public 42. Carroll Road Baptist Church CS 1.036 Mixed Use 43. Transport Workers Union, #513 O1 2.182 Mixed Use 44. Gateway Church NRPUD 16.874 Office Commercial 45. Carroll ISD CS Retail Commercial 5.2 Mixed Use 46. Gateway Church NRPUD 89.611 Mixed Use 47. Carroll ISD AG 0.7 Office Commercial 48. Eubanks, Marie Est AG Mixed Use 1.658 Mixed Use 49. Carroll ISD AG 0.614 Office Commercial 50. Carroll ISD CS Mixed Use 3.928 Mixed Use 51. Carroll ISD AG 0.98 Mixed Use 52. Texas, State Of NRPUD 0.338 Case No. Attachment D ZA06-003 Page 2 Mixed Use 53. Greenway-Berk Partners, Lp AG 0.098 Mixed Use 54. Gateway Church NRPUD 5.276 Mixed Use 55. Greenway-Berk Partners, Lp AG 3.483 Mixed Use 56. Gateway Church NRPUD 1.765 Medium Density Residential 57. Hillman, Luther L AG 3.94 Medium Density Residential 58. Taylor, Earnest E Jr AG 8.105 Mixed Use Low 59. Carroll ISD AG Density Residential 26.488 Mixed Use Low 60. Knight, Harold I AG Density Residential 11.156 Low Density Residential 61. Carter, Linda Hilliard AG 1.839 Mixed Use 62. Gateway Church NRPUD 10.525 Mixed Use 63. Stegall, Molly Barton AG 1.553 Mixed Use 64. Gateway Church NRPUD 1.782 Mixed Use 65. Gateway Church NRPUD 8.593 Medium Density Residential 66. Patterson, Burton Etux Virgini AG 6.055 Low Density Residential 67. Stewart, Timothy Sean AG 2.026 Low Density Residential 68. Wells Fargo Bank Na AG 0.808 Mixed Use 69. Gateway Church NRPUD 6.614 Mixed Use 70. Gateway Church NRPUD 48.972 Mixed Use 71. Lela T Boyd Dynasty Trust AG 14.82 Mixed Use 72. Fechtel, Joe NRPUD 0.063 Mixed Use 73. Fechtel, Joe NRPUD 0.232 Mixed Use 74. Greenway-Berk Partners, Lp AG 8.15 Mixed Use 75. Fechtel, Joe NRPUD 0.085 Mixed Use 76. Greenway-Berk Partners, Lp AG 7.838 Mixed Use 77. Greenway-Berk Partners, Lp AG 1.459 Mixed Use 78. Braun, Fred SF1-A 1.536 Case No. Attachment D ZA06-003 Page 3 Surrounding Property Owner Responses Gateway Church Notices Sent: Seventy-eight (78). Responses Receive: One (1).  Faroque Chowdhury, 2200 Yeargain Court, submitted a Notification Response Form in Opposition on July 13, 2007 (see attached). Case No. Attachment E ZA06-003 Page 1 Case No. Attachment E ZA06-003 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-528 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 ASA PORTION OF TRACTS 2A, 2B1, AND 3A, SITUATED IN THE T. MAHAN SURVEY, ABSTRACT NO. 1049, BEING APPROXIMATELY 2.24 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “NR-PUD” NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT TO “AG” AGRICULTURAL 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 “NR-PUD” Non-Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA06-003 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, WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes in zoning Case No. Attachment F ZA06-003 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 a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey, Abstract No. 1049, being approximately 2.24 acres, and more fully and completely described in Exhibit “A” from “NR-PUD” Non-Residential Planned Unit Development District to “AG” Agricultural 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 F ZA06-003 Page 3 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, 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 F ZA06-003 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. This ordinance shall be in full force and effect from and after its passage and publication as required by Case No. Attachment F ZA06-003 Page 5 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA06-003 Page 6 EXHIBIT “A” Being a portion of Tracts 2A, 2B1 and 3A, situated in the T. Mahan Survey, Abstract No. 1049, being approximately 2.24 acres. ** insert m&b description ** Case No. Attachment F ZA06-003 Page 7 EXHIBIT “B” Case No. Attachment F ZA06-003 Page 8