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Item 7ACity of Southlake Department of Planning STAFF REPORT January 12, 2005 CASE NO: ZA04 -086 P ROJECT: Zoning Change for 1280 Sunshine Lane REQUEST: On behalf of Douglas Barker, JPH Land Surveying, Inc., is requesting approval of a zoning change from "AG" Agricultural District to "SF -IA" Single Family Residential District. The purpose of this request is to change zoning on the property to allow the subdivision of the property into three (3) lots. A home currently exists on the property and will remain on one of the proposed lots. The property is approximately 3.95 acres. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for a zoning change 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 -450 STAFF CONTACT: Ken Baker (481 -2036) Dennis Killough (481 -2073) Case No. ZA 04 -086 BACKGROUND INFORMATION OWNER: Douglas Barker APPLICANT: JPH Land Surveying, Inc. PROPERTY SITUATION: 1280 Sunshine Lane LEGAL DESCRIPTION: Tract 3A1D1, situated in the F. Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: There is no development history on this property. A home currently exists on the property. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan does not make any trail or sidewalk recommendations adjacent to this site. WATER & SEWER: An 8 -inch water line exists along the east side of Sunshine Lane. A force -main sanitary sewer line exists along the west side of Sunshine Lane which does not permit private connections. The applicant is proposing the use of private systems for sewage disposal. SEPTIC ANALYSIS: After reviewing the feasibility analysis, it appears that this property is suitable for septic systems. Tarrant County is responsible for any septic system permits issued on this property, though. TREE PRESERVATION: The Landscape Administrator has no comments for this item. P &Z ACTION: December 9, 2004; Approved (7 -0), noting that a preliminary drainage plan was waived by the city at the moment; and future building on the lots will have to comply with all the applicable ordinances of the city, especially Drainage Ordinance No. 605. COUNCIL ACTION: January 4, 2005; Approved first reading on Consent (7 -0) STAFF COMMENTS: An application for "SF -IA" zoning does not require submittal of a concept plan. No review summary was created for this item. A plat exhibit of the property is included as Attachment `C'. N: \Community Development \MEMO \2004cases \04- 086Z.doc Case No. Attachment A ZA 04 -086 Page 1 Vicinity Map 1280 Sunshine Lane N Case No. ZA 04 -086 E Attachment B Page 1 1440 0 1000 2000 3000 Feet & Hig I an S vices s_.ra. n.:wm — s -- -- - -L Page ] .f i Pla[Showing F. Throop No. 1511 Addition .. o� �z V � 00 r .l wJ a i rtn m as. 1 N a4°xTp9` E 4 1°.wYwha S4435 I % �r•T �r�.r.r,_a.rf _.I.ti w.+. H srvuulwrHr arew.n u..cara.v._r v . r l .a. I REST} OCT 112D©4 I r.rc. s ,} ..w ;wee we- penie.e -�. h 89 °56"58" E Swing a:~ is fsomh Lane F•EI.gl x, Papw hassY 519.56' — = = - ::: _,E rs „raw - ------ -R;-P __ - - -- r. I I a I I _ S e� 3 J II i � I W1A 1d01 ea.. P+e.� rq . S,10 I 1 i L._._._._w.,aw,,_Aa..�- - - - -.J ` �sl � H89`5555"E w,a l.9aSAd+f lfaAOS .—.— 392.ST — I � cs I { � s ltnprmrmn I 1 ry { I lC (ray` $ F iQnep u.. 011 .1di.w 3 1.001 gun: ft%M S9. R) ,r — J ._. S WHISO• w 889.56'56, w & Hig I an S vices s_.ra. n.:wm — s -- -- - -L Page ] .f i Pla[Showing F. Throop No. 1511 Addition .. JPT Land Surveying, Inc. V � r .l wJ a i rtn m as. 1 .ti % �r•T �r�.r.r,_a.rf _.I.ti w.+. H srvuulwrHr arew.n u..cara.v._r v . r l .a. I REST} OCT 112D©4 s ,} ..w & Hig I an S vices s_.ra. n.:wm — s -- -- - -L Page ] .f i Pla[Showing F. Throop No. 1511 Addition Lots 15,16, & 17 3.949 Acres City of Southlake, Tarrant County, Texas omw 3m .�.....".u.aw iii. Flat Reed is CG6uH ti 91� �_9W RGenfd. afT.n.e. Canty. T. JPT Land Surveying, Inc. V � Lots 15,16, & 17 3.949 Acres City of Southlake, Tarrant County, Texas omw 3m .�.....".u.aw iii. Flat Reed is CG6uH ti 91� �_9W RGenfd. afT.n.e. Canty. T. Surrounding Property Owners 1280 Sunshine Lane Owner Zoning Land Use Acreagi 1. Haines, P & Victor Hanies "AG" Low Density Resid. 8.460 2. Santiago, Nelson & Carmen "RE" Low Density Resid. 2.805 3. Santiago, Nelson & Carmen "RE" Low Density Resid. 2.809 4. Powers, J D "SF -IA" Low Density Resid. 3.029 5. Powers, J D "SF -IA" Low Density Resid. 1.300 6. Giolma, F Edwin "SF -IA" Low Density Resid. 2.900 7. Gentry, J & A Braun "SF -IA" Low Density Resid. 2.082 8. Brown, William G "AG" Low Density Resid. 10.470 9. Haines, P & Victor Haines "AG" Low Density Resid. 1.000 10. Hanies, P & Victor Haines "AG" Low Density Resid. 7.470 11. Barker, Douglas J & Sandra "AG" Low Density Resid. 3.940 Case No. Attachment D ZA 04 -086 Page 1 Surrounding Property Owner Responses 1280 Sunshine Lane Notices Sent: Ten (10) Responses: None (0) Case No. ZA 04 -086 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -450 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 3A1D1, SITUATED IN THE F. THROOP SURVEY, ABSTRACT NO. 1511, BEING APPROXIMATELY 3.95 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 F ZA04 -086 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 F ZA04 -086 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 Tract 3A1D1, situated in the F. Throop Survey, Abstract No. 1511, being approximately 3.95 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 F ZA04 -086 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 F ZA04 -086 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 -086 Attachment F 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 4 th day of January, 2005. MAYOR ATTEST: 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. ZA04 -086 Attachment F Page 6 EXHIBIT "A" Being Tract 3A1DI, situated in the F. Throop Survey, Abstract No. 1511, being approximately 3.95 acres. PH Land Survrevi 1858 East Keller Parkway, Suite D, Keller, Texas 76248 Tel: (817)431 -4971 Fax: (866)291 -4631 Metes and Bounds Description F. Throop No. 1511 Addition, Lots 15, 16, & 17 WHEREAS Douglas J. Barker et ux, Saundra Barker are the owners of that certain tract of land situated in the Francis Throop Survey, Abstract Number 1511 in the City of Southlake, Tarrant County, Texas, the said tract of land being all of the called 3.94 acres of land described in the deed from William R. Patrick et ux, Wilma B. Patrick to Douglas J. Barker et ux, Saundra Barker recorded in Volume 9983, Page 1332 of the Deed Records of Tarrant County, Texas, the subject tract being more particularly described by metes and bounds as follow; BEGINNING at the Northwest of the said 3.94 acre tract at a found 112 inch rebar in a North -South fence line; THENCE North 89 Degrees 56 Minutes 50 Seconds ]East with the North line of the 3.94 acre tract and the South line of Lot 2, Pecan Acres according to the plat recorded in Volume 388 -164, Page 88 of the Plat Records of Tarrant County, Texas, passing at a distance of 544.56 feet a found 112 rebar at the Southeast corner thereof and continuing, in all, a total distance of 549.56 feet to a 518 inch aluminum capped rebar stamped "JPH LAND SURVEYING" set on the West right of way of Sunshine Lane; THENCE South 00 Degrees 50 Minutes 10 Seconds East with the West right of way of the said Sunshine Lane a distance of 3 13 .24 feet to a found 318 inch rebar at the Southeast corner of the 3.94 acre tract; THENCE South 89 Degrees 56 Minutes 50 Seconds West along a fence and with the South line of the 3.94 acre tract.. parallel with the North line thereof, a distance of 548.89 feet to a 518 inch aluminum capped rebar stamped "JPH LAND SURVEYING" set near a fence corner post; THENCE North 00 Degrees 57 Minutes 29 Seconds West along the said North- South fence line and with the West line of the 3.94 acre tract a distance of 313.25 feet to the PLACE OF BEGINNING and enclosing 3.949 acres of land. Case No. ZA04 -086 Attachment F Page 7