Item 8CCity of Southlake
Department of Planning
STAFF REPORT
October 12, 2005
CASE NO
ZA05 -109
PROJECT: Zoning Change for property located at 1583 Randol Mill Avenue
REQUEST: On behalf of Jo Ellen Charlton, Four Peaks Development is requesting approval of a
zoning change from "AG" Agricultural District to "SF -IA" Single Family Residential
District. The purpose of the request is to change the zoning of a small triangular
piece of property from the adjacent tract to be consistent with the lot immediately to
the west of the site. The subject property is being traded to the owner of the adjacent
lot for a similarly sized piece.
ACTION NEEDED: 1. Consider 1 St reading of zoning change approval
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 -469
STAFF CONTACT: Ken Baker (748 -8067)
Dennis Killough (748 -8072)
Case No.
ZA05 -109
BACKGROUND INFORMATION
OWNER: Jo Ellen Charlton
APPLICANT: Four Peaks Development
PROPERTY SITUATION: 1583 Randol Mill Avenue
LEGAL DESCRIPTION: Approximately 1,804 square feet, described as a portion of Tract IF in the J.
Childress Survey, Abstract No. 253
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 site.
P &Z ACTION: October 6, 2005; Approved (6 -0).
STAFF COMMENTS: An application for "SF-IN' zoning does not require submittal of a concept
plan. No review summary was created for this item. A reference exhibit ofthe
property is included as Attachment `C'.
N: \Coimnunity Development \MEMO \2005cases \05- 109Z.doe
Case No. Attachment A
ZA05 -109 Page 1
Vicinity Map
Part of Tract 1F, J. Childress Su rvey No. 253
Westwyck H ills
4.09 0 4.49 4.18 Mmes
T••1
W
Is
Case No.
ZA05 -109
F1
Attachment B
Page 1
Rp.pa
.53 Addition
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CURRENT ZONING: AG - TO BE ZONED: SF I-il
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•
0 5 0 9
Case No. Attachment C
ZA05-109 Page 1
o 1 I
w
8 40,203 sq.ft.
0
303 sq.ft. 1 322.7
DOCK C
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237.4 38,093 sq.ft.
7 1
h
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39,301 sq.ft. `
D.R.T C.T.
LOT 12
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14rO
12
35,115 sq.ft.
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39,028 sq.ft. N N
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OPEN SPACE TO BE OVMED
MAINTAINED BY HOA
20,025 sq.11.
I BLOCK 8
25
29,900 sq.ft.
24
29,918 sq.ft.
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PIN SPACE 72,978 sq.ft.
' OWED &
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1 PHI UP D. FANNING &CYNTHIA B. FANNING. Z
9
450 sq.ft.
.MU TEES ANO SUCCESSOR TRUSiEESS OF THE
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8 40,203 sq.ft.
0
303 sq.ft. 1 322.7
DOCK C
2
237.4 38,093 sq.ft.
7 1
h
3,203 sq.ft. 3 ( o
39,301 sq.ft. `
D.R.T C.T.
LOT 12
670.59'
14rO
12
35,115 sq.ft.
� ® 9
I
P
I
I
I
I
1427
r�F�N I
13 I L
39,028 sq.ft. N N
4O'BL
9x
OPEN SPACE TO BE OVMED
MAINTAINED BY HOA
20,025 sq.11.
I BLOCK 8
25
29,900 sq.ft.
24
29,918 sq.ft.
ICE
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ifN I
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CURRENT ZONING: AG - TO BE ZONED: SF 1 -A
1 A05 10 9
Case No. Attachment C
ZA05 -109 Page 2
23
M 31,306 sq.ft.
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m 280.3
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CURRENT ZONING: AG - TO BE ZONED: SF 1 -A
1 A05 10 9
Case No. Attachment C
ZA05 -109 Page 2
Surrounding Property Owner Map
Part of Tract 1F, J. Childress Survey, Abstract 253
Owner
1. Fanning, Phillip & Cynthia
2. Charlton, Jo Ellen
3. Charlton, Jo Ellen
Zoning Land Use
"SF -IN' Low Density Residential
"AG" Low Density Residential
"AG" Low Density Residential
Case No.
ZA05 -109
3.108
6.185
1804 sq ft
Attachment D
Page 1
Surrounding Property Owner Responses
Westwyck Hills — Part of Tract 1F, J. Childress Survey, No. 253
Notices Sent with notice for ZA05 -103: Two (2)
Responses: None (0)
Case No.
ZA05 -109
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -469
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 TRACT 1F, SITUATED IN THE J. CHILDRESS
SURVEY, ABSTRACT NO. 253, BEING APPROXIMATELY 0.04
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 F
ZA05 -109 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
ZA05 -109 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 Soutlake, 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 Tract 1F, situated in the J. Childress Survey, Abstract No. 253, being
approximately 0. 04 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
ZA05 -109 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
ZA05 -109 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.
ZA05 -109
Attachment F
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 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.
ZA05 -109
Attachment F
Page 6
EXHIBIT "A"
Being a portion of Tract IF, situated in the J. Childress Survey, Abstract No. 25 being approximately 0.04
zn Z�
acres.
LAND DESCRIPTION - A PORTION OF THE JO EL LEN CHARLTON REVOCABLE LIVING TR
Being a tract of land situated in the John Childress Survey, Abstract No. 253, City of Southlake, Tarrant
County, Texas and a portion of that tract of land as described in instrument to Jo Ellen Chariton
Revocable Living Trust as recorded in Volume 14345, Page 398 of the Deed Records of Tarrant
County Texas, and being more particularly described as follows;
COMMENCING at the southwest comer of said Jo Ellen Charlton Revocable Living Trust tract;
THENCE, along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract, North 01
degrees 57 minutes 39 seconds East, a distance of 182.73 feet to the POINT OF BEGINNING
THENCE, continuing along the westerly line of said Jo Ellen Charlton Revocable Living Trust tract,
North 01 degrees 57 minutes 39 seconds East, a distance of 153.70 feet to a point for a comer;
THENCE, departing the westerly fine of said Jo Ellen Charlton Revocable Living Trust tract, South 26
degrees 35 minutes 50 seconds East, a distance of 63.62 feet to the beginning of a non-tangent curve to
the left having a central angle of 34 degrees 32 minutes 42 seconds, a radius of 172.50 feet and being
subtended by a 102.44 foot chord which bears South 19 degrees 14 minutes 00 seconds West;
THENCE, along said curve to the left an arc distance of 104.00 feet to the POINT OF BEGINNING
and containing 1,804 square feet or 0.041 acres of land more or less.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
Basis of Bearings: The final plat of the J. Childress No. 253 Addition, an addition to the City of
Southlake, Texas as recorded in Cabinet A, Slide 5226 of the P.R.T.C.T.
Case No.
ZA05-109
Attachment F
Page 7