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Item 7FCity of Southlake Department of Planning STAFF REPORT November 1, 2005 CASE NO ZA05 -110 PROJECT: Zoning Change for property located at 1581 Randol Mill Avenue REQUEST: On behalf of Russell Bates Retained Annuity Trust, Four Peaks Development is requesting approval of a zoning change from "RE" Single Family Residential Estate District to "SF-IA" Single Family Residential District. The purpose of the request is to change the zoning of a small triangular tract of land so that it will match the zoning of a larger adjoining tract that it is to be combined with as part of a land swap. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading of 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 -470 STAFF CONTACT: Ken Baker (748 -8067) Dennis Killough (748 -8072) Case No. ZA05 -110 BACKGROUND INFORMATION OWNER: Russell Bates Retained Annuity Trust APPLICANT: Four Peaks Development PROPERTY SITUATION: 1581 Randol Mill Avenue LEGAL DESCRIPTION: Approximately 0.48 acres, described as a portion of Lot 4, J. Childress No. 253 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "RE" Single Family Residential Estate District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: -City Council approved a zoning change to "RE" for proposed Lot 4 and a zoning change to "SF -IA" for proposed Lot 3, J. Childress No. 253 Addition on July 20, 1999. -A plat showing for Lots 3 & 4, J. Childress no. 253 Addition was approved by City Council on July 20, 1999. P &Z ACTION: October 6, 2005; Approved (6 -0). COUNCIL ACTION: October 18, 2005; Approved to table (6 -0) until November 1, 2005. November 1, 2005; Approved first reading (5 -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 reference exhibit of the property is included as Attachment `C'. N: \Coinmunity Development \MEM0\2005cases \05- 110Z.doc Case No. Attachment A ZA05 -110 Page 1 Vicinity Map Part of Lot 4, J. Childress Survey No. 253 0.1 0 0.1 0.2 Mmes N S Case No. ZA05 -110 E Attachment B Page 1 Westwyck H ills h' WR6r- _ OWNED 72, A&ED BY 1-10A \ 9q.ft. 10 17( 399 sq.ft. "LAND SWAP J. Childress N( A . NDSCAPE ESM'T SP ACE TO BE OWNED & CABINET A NNED BY HOA R.R. Q L.U.D. LO' 00 L1- 34'32' 4. 227.4 bo R =172.50 L =104.00 -' CB =N1914 • CFA =102.4 9 PHI LIP D. FANNING & CYN TRU TEES AND SUCCESSOR 450 sq. ft. PHILLIP E. AND CYNTHIA B. FAI VOL. 14484, F D.R.T.C. so. S88`06'15 "E v 82.5 -- c r -- `— $ *13,940 aq.ft. 2, Q to CURRENT ZONING: RE TO BE ZONED: SF 1 - A EEC` :� : ` 0 Case No. Attachment C ZA05 -110 Page 1 ANOSCAPE E'T. CABINET A. WBE 5226 B T4� dMRlElI & = P.R.T.C.T. tl Q L.U.Q. SF -1A eq LOT 3 ".1104 L X34'32'42 jsq .ft.pjML UP R= 172.50 L = 1 04.00 C9= N19`14'00 ° E CH= 102.4+7- ¢5, R.O.W.— Q. FAHMNG & CYNTHIA B. FANNING. S AND suCCEsvw TR11sTEM OF THE ° AND CYNTHIA B. FANNING LAANC TIMT W YGL 14484, PG. 302 N) -4 O.R.T.0 T. #, C4 SBS'06'15 "E 330.43' M - 13,440 4fL _— 15' D.E. ~ Q 1 S 3 sq.ft. L --:: 303 sq.ft. 2 BLOCK C P 2 237.4 38,093 sq.ft. 1 � 231.9 7 I 3,203 sq -ft. 3 E 39,301 sq.ft. D.R.T.0 -T. I I LOT 12 I l I I 67 0.59' — 1451 -- 146 4 70.0+9 yy 4 m �x�m�nl 12 1 35,115 sq.ft. ry 13 39,028 sq. ft. ICE w �� f-- a 4 � s A 81- O I � d I 10. N 93 9 1 .3 129.7 h7 N 139.`7 :AIE �, I \ OPEN SO BE OWED & 91 YAJ NTAH04 zs } Lnn I 231.0 I� r _ —�— h 9LOCK B 25 I I t 1 29,900 sq.ft. — 1 { I 1 1 r 244.2 no � 24 0 29,918 sq.ft. IM 1 t� 277-3 M a p I v 23 1- L4 31,368 sq.ft. Ir m 2110.3 I -, m 15' u.E. p I � 4i I LOT " © 31,085 SOL L.i V I 306.4 LO ob 21 � 1 31.385 sq -ft. CURRENT ZONING: RE - TO BE ZONED. SF 1 -A 7. A 0 a 69 sa•�1 Case No. Attachment C ZA05 -110 Page 2 LOT 7 , E 29.8 ` S S 8 8`24'01 " E S. 8 1104 "w pu 1 10.00' ij. 1 �. , 0.= x , B 0M san �` T, 7 Y 72,978 sq.ft. A BY HOA / / N 83"19'31 "yy 10 179.51- 4 9J sq•ft• + +*LANID SWAP -+1.8D4 agft. �cx, L4 S1 r*i J 1 S 3 sq.ft. L --:: 303 sq.ft. 2 BLOCK C P 2 237.4 38,093 sq.ft. 1 � 231.9 7 I 3,203 sq -ft. 3 E 39,301 sq.ft. D.R.T.0 -T. I I LOT 12 I l I I 67 0.59' — 1451 -- 146 4 70.0+9 yy 4 m �x�m�nl 12 1 35,115 sq.ft. ry 13 39,028 sq. ft. ICE w �� f-- a 4 � s A 81- O I � d I 10. N 93 9 1 .3 129.7 h7 N 139.`7 :AIE �, I \ OPEN SO BE OWED & 91 YAJ NTAH04 zs } Lnn I 231.0 I� r _ —�— h 9LOCK B 25 I I t 1 29,900 sq.ft. — 1 { I 1 1 r 244.2 no � 24 0 29,918 sq.ft. IM 1 t� 277-3 M a p I v 23 1- L4 31,368 sq.ft. Ir m 2110.3 I -, m 15' u.E. p I � 4i I LOT " © 31,085 SOL L.i V I 306.4 LO ob 21 � 1 31.385 sq -ft. CURRENT ZONING: RE - TO BE ZONED. SF 1 -A 7. A 0 a 69 sa•�1 Case No. Attachment C ZA05 -110 Page 2 CURRENT ZONING: RE - TO BE ZONED. SF 1 -A 7. A 0 a 69 sa•�1 Case No. Attachment C ZA05 -110 Page 2 Surrounding Property Owner Westwyck Hills — Part of Tract 4, J. Childress Survey, No. 253 Owner Zoning Land Use Acreage 1. Smart, John & Malinda "SF -IA" Low Density Residential 3.042 2. Smart, John & Malinda "SF -IA" Low Density Residential 3.716 3. Schatz, Kenneth "SF -IA" Low Density Residential 0.937 4. Charlton, Jo Ellen "AG" Low Density Residential 6.185 5. Fanning, Phillip & Cynthia "SF -IA" Low Density Residential 3.108 6. 1998 R L Bates III Grantor "RE" Low Density Residential 5.365 7. 1998 R L Bates III Grantor "RE" Low Density Residential 20745 sft Case No. Attachment D ZA05 -110 Page 1 Surrounding Property Owner Responses Westwyck Hills — Part of Tract 4, J. Childress Survey, No. 253 Notices Sent with ZA05 -103: Five (5) Responses: One (1): September 29, 2005 Kenneth Schatz 1589 Randol Mill Ave SEE RESPONSE LETTER PACKET Case No. ZA05 -110 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -470 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 4, SITUATED IN THE J. CHILDRESS NO. 253 ADDITION, BEING APPROXIMATELY 0.48 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE 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 "RE" Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA05 -110 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, Case No. Attachment F ZA05 -110 Page 2 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 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 4, J. Childress No. 253 Addition an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 5226, Plat Records, Tarrant County, Texas, being approximately 0.48 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "SF -IA" Single Family Residential District. SECTION 2. Case No. Attachment F ZA05 -110 Page 3 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 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. Case No. Attachment F ZA05 -110 Page 4 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 aviolation 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. Case No. ZA05 -110 Attachment F Page 5 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 MAYOR ATTEST: day of , 2005. 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 -110 Attachment F Page 6 EXHIBIT "A" Being a portion of Lot 4, J. Childress No. 253 Addition an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet `A', Slide 5226, Plat Records, Tarrant County, Texas, being approximately 0.48 acres. LAND DESCRIPTION- PORHON OF LOT 4 OF THE J. C.HILDRESS NO. 253 ADDITION Being a tract of land situated in the John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a portion of Lot 4 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, and being more particularly described as follows; BEGINNING at the northwest corner of said Lot 4; THENCE, along the easterly line of said Lot 4, South 42 degrees 31 minutes 29 seconds East, a distance of 75.92 feet to a point for a corner; THENCE, continuing along the easterly line of said Lot 4, South 01 degrees 20 minutes 03 seconds East, a distance of 387.77 to point for a corner; THENCE, departing the easterly line of said Lot 4, North 88 degrees 06 minutes 15 seconds West, a distance of 50.08 feet to a point on the westerly line of said Lot 4; THENCE, along the westerly line of Lot 4, North 01 degrees 20 minutes 03 seconds West, a distance of 442.08 feet to the POINT OF BEGINNING and containing 20,747 square feet or 0,476 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 -110 Attachment F Page 7