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Item 7ECity of Southlake Department of Planning STAFF REPORT February 11, 2004 CASE NO ZA03 -103 PROJECT: McClendon Subdivision REQUEST: On Behalf of Jerry T. McClendon, B. J. Couch is requesting approval of a zoning change from "AG" Agricultural District to "SF-IX' Single Family Residential District. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -430 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -103 BACKGROUND INFORMATION OWNER: Jerry T. McClendon APPLICANT: B.J. Couch PURPOSE: The purpose of this request is to rezone the property to "SF -1A" Single Family Residential District to allow for the construction of a house. PROPERTY SITUATION: 2745 Union Church LEGAL DESCRIPTION: Tract 6F1, situated in the J. G. Allen Survey, Abstract No. 18 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -1A" Single Family Residential District HISTORY: There is no development history on this property. P &Z ACTION: January 22, 2004; Approved (6 -0) as presented. COUNCIL ACTION: February 3, 2004; Approved first reading on Consent (7 -0) STAFF COMMENTS: An application for "SF -1A" zoning does not require submittal of a concept plan. A zoning exhibit has been included as Attachment "C" for informational purposes. M \Community Development \WP - FILES \MEMO \2003cases \03- 103Z.doc Case No. Attachment A ZA03 -103 Page 1 Vicinity Map McClendon Subdivision 9000 0 1000 2000 3000 Feet S Case No. ZA03 -103 E Attachment B Page 1 T. D. DIiSHERD ©.N - REGISTERED PROFESSIONAL LAND SURVEYOR SERVING TEXAS SINCE 1,960 6717 CALMONT AVENUE FORT WORTH, TEXAS 76116 817 -731 -0587 FAX 817- 732 -2014 IRE 6/B` UPON ROD FOUND 4—dg, 276 A1DRT 2 - oi s� mq �y �i F. F.V4a ,A IRON ADD PDOND If$" IRON RODp CAP ` STAMPED ROAR rA AS,WON DALLAS' RESIDENTIAL LLC.. ' a TEXAS limiters 6.ia6iLity camPany VOLUME 15270, PAGE 187 D.RT.C.T. i /E'" GRIN ROD 584 3B' E 150.92' RyME BEING A. 7.522 ACRE TRACT OF LAND AS SITUATED IN THE JESSE G. ALLEN SURVEY. ABSTRACT N0. B 78, AND BEING THAT CERTAIN MOT OF LAND AS DEEDED TO .JERRY T. McCLENDON AS RECORDED IN VOLUME �589i, PACE aft. DEED REGOND$, rARRANT COUNTY, TEXAS, AND REINC MORE PARTICULARLY DESCRI,UED BY M£TR$ AND BODNRS AS FOLLOIYS. BEGINNINC AT A 112 INCH �'IRON ROD FOUND AND RBINC THE SOUTHEAST CORNER OF THE SAID MCCLENDON TRACT AND REINO THE MOST SOUTHERLY SOUTHWEST CORNER OF A -TRACT OF LAND AS AEEDED TO. ASHTON DALLAS RESIDENTIAL =LAC, a TEXAS limited lia.diitity company. A$' RECORDED IN VOLUAE£ 15270, PACE 187, $".D DRRD RECORDS AND HEW IN THE l4NOliT'H LINE OF UNION CHURCH ROAD (COUNTY ROAD NO. 3099); - POND THENCE 9 S9'f4'20 " T. ALONG THE SAID NORTH LINE AND SOUTH LINE OF SAID McCGENDON TRACT, 148.00 FEET TO A 1/2 INCH IRON ROD SET AND BEINC THE SOUTHWEST CORNER OF THE McCLENWAr TRACT.' THENCE N 0077'61" N, PA$SING AT 8:14 FEET THE SOUTHEAST CORNER OF TH.U, ?G. ALLEN ND. 18 ADDITION, AS RECORDED IN CABINET A. SLIDE: 2335, PLAT RECORDS. TARRANT COUNTY. TEXAS, AND PASSING AT 28.81 FEET THE SOUTHEAST CORNER OF LOT 8, SAID I.C. ALLEN NO. 18 ADDITION, PASSING AT 440.66 PEST AND 275 FEET TO RIGHT - CF LINE A S/B INC IRON ROD FOUND. CONTLNUINC IN ALL 447.47 FEET TO A 112 INCH IRON ROD FOUND AND BEING STIR NORTHEAST CORNER OF SAID LOT 8.' THENCE S 87'S4'3a" A,, 160,92 FEET 7 A f12 INCH ' "IRON ROD SET AND BEING THE NORTHEAST CORNEA OF - .THE SAID McCLENDON TRACT, 66269.2 SQ. FT. 771ENCE S 00 °03'57 " W, 440.00 FEET TO THE POINT OF BLCINNINC AND CONTAHJINC 1.522 ACRES OF 1.522 ACRES q LAND MORE OR LESS. ONE STORY FRAME ASRTON DALLAS RESIDENTIAL L.L.C.. n a TEXAS sirimised (—"ity eampany Ln VOLUME 15270, PACE 147 .RRT.CT. 12 G PETAL y BLDG. SCALE 1"=40' AM* P,C V IAF S'89'14'20' W 148.00' P. O, B. 2745 UNION CHURCH ROAD C BASE BEARING 7 S 89 °14'20' W eev..zr 4� P�v. vwre x �n - .S *S va. N.JUb+4 tatliaeM. �F.'ar w.ma g LYVO n rnna J �D�314ROOg RP.0 - ,s N0. $1'a��� Nmras: �Na1 rN8 1L0 76AR R �l2 F ��Mm P��� {� nre'rN' mNC i) a+r4D AtA+SF .2 O%H6' Case No. Attachment C ZA03 -103 Page 1 race cb. :.xtesARr LF. NO. 02bW485 �HSE 9F j. v. '. - IO =ACS D0. NA HDF?mK a o: nls ' — --- -- 4 hj ajO� d RvfYa� s 403 Na V N1- - D ff R AY 2i, AV02 Nmras: �Na1 rN8 1L0 76AR R �l2 F ��Mm P��� {� nre'rN' mNC i) a+r4D AtA+SF .2 O%H6' Case No. Attachment C ZA03 -103 Page 1 Surrounding Property Owners McClendon Subdivision 11 13 l� � I �_ Owner Zoning Land Use Acreage 1. J. Mortazavi 1. SF1A 1. Low Density Residential 1. 1.746 2. J. Mortazavi 2. SF1A 2. Low Density Residential 2. 1.727 3. Dallas Ashton Residential LLC. 3. SF20 -A 3. Low Density Residential 3. 0.648 4. Dallas Ashton Residential LLC. 4. SF20 -A 4. Low Density Residential 4. 3.904 5. Dallas Ashton Residential LLC. 5. SF20 -A 5. Low Density Residential 5. 0.684 6. Dallas Ashton Residential LLC. 6. SF20 -A 6. Low Density Residential 6. 0.466 7. Dallas Ashton Residential LLC. 7. SF20 -A 7. Low Density Residential 7. 0.48 8. Dallas Ashton Residential LLC. 8. SF20 -A 8. Low Density Residential 8. 0.47 9. Dallas Ashton Residential LLC. 9. SF20 -A 9. Low Density Residential 9. 0.471 10. Dallas Ashton Residential LLC. 10. SF20 -A 10. Low Density Residential 10. 0.470 11. Dallas Ashton Residential LLC. 11. SF20 -A 11. Low Density Residential 11. 2.31 12. Dallas Ashton Residential LLC. 12. SF20 -A 12. Low Density Residential 12. 1.67 13. City of Keller 13. 13. 13. 14. Jerry McMclendon 14. AG 14. Low Density Residential 14. 1.549 Case No. Attachment D ZA03 -103 Page 1 l� � I �_ Surrounding Property Owner Responses McClendon Subdivision NOTICES SENT: Thirteen (13) RESPONSES: None (0) Case No. ZA03 -103 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -430 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 6F1, SITUATED IN THE J.G. ALLEN SURVEY, ABSTRACT NO. 18, BEING APPROXIMATELY 1.522 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 ZA03 -103 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 ZA03 -103 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 Tract 6F1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1.522 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to" SF- IN' 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. ZA03 -103 Attachment F 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 ZA03 -103 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. ZA03 -103 Attachment F Page 5 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -103 Attachment F Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -103 Attachment F Page 7 EXHIBIT "A" Being Tract 6F1, situated in the J.G. Allen Survey, Abstract No. 18, being approximately 1. 522 acres. BR,rhG A 7.5,x2 ACRE TRACT OF LAND AS SITUATED IN T#fE JS SE C. ALLEN SURVEY, ABSTRACT NO. 18, AND BEING THAT CE'RT'AIN TRACT OF LAND AS DEEDED TO JERRY T McCLFXD0W AS RWORDBD IN YOLUMV 5991 pACE 812, DRE'D RECORDS, TARRANT CCUNTZ TRXAS, AND RRINC MORE PARTICUILAREr DESCRIBED BY Y'ETEE AND ROUNDS AS FOLLOWS? BECINNl.'VC AT A f12 INCH LRON ROD FOUND AND JSEINC THE SOUTH 'AST CO32NER OF THE SAID McCLE'NB3N TRACT AND BEING THE MOST S'OUTHIZPLY SOUTHKES'T CORNER OF A "TRACT OF LAND AS DEEDED TO A.SHTON DALLAS RESIDENTIAL L°,L C, a T.E.YAS � iTnjled R.iabUity company, AS RECORDED IN VOLUME 15.270. PALL' 187, SAID DEED RECORDS AND $EINC IN THE NNORThf LINE OF *ANION CHURCH ,ROAD (COUNT)- 120AD NO. 20.99 PJ, TI-IMWE S 8 ,4'14`20" K ALONG T SAID NORTH LINE AND SOTITM LWE OF SA-rD AfGCLSNDON TRACT. 148,00 FH r TO A f12 ,'LICE' IRON -ROD EET AND BEMC TffE 5OUTRWEST CORNER OF I HE MCCL 'NDOW TRAC TfIE'1VCE N 00'17'51" PY, PASSING AT 8,14 F.929' TRF SOUTHEAST CORY-IM OF THE, J. G, ALLEN NO. I8 ADDITIVA,, AS RECORDED IN CABrIV.E`T A. SLIDE 2553. PL44 "T RECORDS. TARP.AN7 COUNTY TEXAS, AND 0 FASSLW .47 2$. A7 FE'L'T THE SOUTHEAST CORNER OF LOT +0. SAID J ALLEN NO- 18 ADDITION, PASSING AT 440.86 F±ZT AND 2.75 FEET TO RIGHT OF SINE A 51$ INC IRON ROD FOUND, CONTINUId�!'�C IN ALL 447.4 FEET TO A 112 ,NCH IKON .,ROD FOUND AND BEING THE YORTFIE'AST coRNEIR OF SAID LOT 6. 4 ?'HEAVE S 6754'38 4 150.92 F`EE'T TO A 112 INCI!' IAIfW ROD SET AND BE'INO THE 1VO,R7 CORNER OF =E .SAID McCLEVDON TRACT: � TTiENCE S` 00'03'57" W. 440,00 FEET' TO THE POINT OF BEGINNING AND CL7RTAIWIW 1.522 ACRES OF' LAND MORE OR LESS. Case No. Attachment F ZA03 -103 Page 8