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Item 8ACity of Southlake Department of Planning STAFF REPORT May 2, 2003 CASE NO ZA03 -015 PROJECT: 3333 Southlake Park Road East, Lot 1R, Block 3 Southlake Park Addition REQUEST: Steve and Pam Helens are requesting approval of a zoning change from "SF -20B" to "SF -IA" to allow for the stabling of a horse. ACTION NEEDED: 1. Conduct public hearing 2. Consider zoning change approval 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 -419 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -015 BACKGROUND INFORMATION OWNERS /APPLICANTS: Steve and Pam Helms PURPOSE: The purpose of this request is to rezone the property to "SF -IA" to allow for the stabling of a horse. PROPERTY SITUATION: 3333 Southlake Park Road East LEGAL DESCRIPTION: Lot 1R, Block 3, Southlake Park Addition, being approximately 1. 16 acres LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "SF -20B" Single Family Residential District REQUESTED ZONING: "SF -IA" Single Family Residential District P &Z ACTION: April 17, 2003; Approved (6 -0) STAFF COMMENTS: A concept plan is not required for a change of zoning request to "SF -IA" zoning. No review summary has been generated. N:`,Coimnunity Development , WP - FILES'', MEMO '',2003cases`,03- 015Z.doc Case No. Attachment A ZA03 -015 Page 1 Vicinity Map 3333 Southlake Park Road East 1000 0 1000 2000 3000 Feet N Case No. ZA03 -015 E Attachment B Page 1 I" PROPERTY DE'sSCRIPTION Lot 1 -R, Block 3, SOUTBLARE PARK REVISED, an Addition to the City of Southlake Tarrant County, Texas, according to the plat recorded in Volume 388 -112, Paqe 90, Plat Records, Tarrant County, Texas. NOTE: THIS LOT IS NOT IN THE 100 YVA.R FLOOD PLAIN. ono nci 10" UTIL. EASM' T. TWO STORY BRICK & I FRAME RESIDENCE Co � I p t+ ` Irk HI [T] d i` 5" UTIL. EA$ri!T.I 80.0 !/ _ - k 0' UTIL. E'ASM LOT 1 -R 2 -R o f I 25" BLDG LINE ff 58. Q' 3333 SOUTH LAKE PARK R0AD EAST 1, JAMES H. DOWDY, HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON Tlrt GROUND, AND TWAT THIS PLAT CORRECTLY REPRESENTS Tllf FACTS FOUND AT THE TIME (If! SURVEY ".I, THAT 7f11S PROF ESSi QNAL SER4 GE COIIFORMS TQ CURRENT TE %AS SllRVEYURS AssoClnrtoN SrnnonnDS AND $PECIFILAT IONS FO CATEGORY �A e`P •'� CITIIU[Tt UN I SURVEY, AND TO THE BEST OF MY KNOWLEDGE THERE ARE HO DES CREPANCIE S, OR CONFLICTS, C :) OR SHORTAGES OF AREA OR BOUNDARY LINES, OR ANY €HCPOACHMENTS OR OVERLAPPING OF IHpROVEME A7 FITS, yP; EXCEPT AS GIIOWN; ANY REFERENCES TO FLOOR PLAIN ARE ESTIMAfFS BASED ON DATA AVAILABLE THE .... ..... ............ J TIME OF SURVEY AND ARE SUBJECT TO CHANGE. JAMES H. DOWDY NOTE: THIS SURVEY HAS PERFORMED IN CONNECTION WITH TIIE TRANSACTION DESCRIBED IN: .�.....29� .... ... GF ND, 87- 601373 FOR STEWART (GRP) TITLE CO. DATE 2 - 12 - 87 DSE OF THIS SURVEY FOR ANY OTHER PURPOSE OR BY DTIfFR PARTIES SHALL BE AT THEIR RISK AND THE I � •• ,51}�� UNDERSIGNED IS NOT RESPONSIBLE TO OTHERS FOR ANY LOSS RESULTING THEREFROM, / f !� O =IRON ROD FOUND C=IRON ROD SET JA�1ES ff . ➢OWUY P, 0, lox 803 J AME ASSOCS„ Ific BEDFORD, f FXAs 76021 RPS 297 Case No RFD 1 0 Z003 inv ent C ZA03 -0] Page 1 Surrounding Property Owners 3333 Southlake Park Road East Case No. Attachment D ZA03 -015 Page 1 Owner Zoning Land Use Acreage 1. P. Smith 1. SF20 -B 1. Med Density Residential 1. 1.33 2. Corp of Engineers(USA) 2. AG 2. Corp of Engineers 2. 64.3 3. R. Ziegler 3. SF20 -B 3. Med Density Residential 3. 1.00 4. J. Getz 4. SF20 -B 4. Med Density Residential 4. 0.52 5. K. Gellinas. 5. SF20 -B 5. Med Density Residential 5. 0.89 6. Southlake Park Services 6. SF20 -B 6. Med Density Residential 6. 0.23 Inc. 7. S. Watts 7. SF20 -B 7. Med Density Residential 7. 0.63 8. J. Kelley 8. SF20 -B 8. Med Density Residential 8. 0.63 9. P. Vaught 9. SF20 -B 9. Med Density Residential 9. 0.86 10. P. Haines 10. SF20 -B 10. Med Density Residential 10. 0.50 11. E. Johnston 11. SF20 -B 11. Med Density Residential 11. 0.26 12. R. Murphy 12. SF20 -B 12. Med Density Residential 12. 0.77 13. S. Helms 13. SF20 -B 13. Med Density Residential 13. 1.16 Case No. Attachment D ZA03 -015 Page 1 Surrounding Property Owner Responses 3333 Southlake Park Road East Notices Sent: Thirteen (13) Responses: One • Janice E. Kelley, 3360 Southlake Park Rd., Southlake TX is opposed. (Received April 11, 2003) Case No. Attachment E ZA03 -015 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -419 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 LOT 1R, BLOCK 3, SOUTHLAKE PARK ADDITION, BEING APPROXIMATELY 1.16 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "SF -20B" SINGLE FAMILY RESIDENTIAL 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 "SF -20B" Single Family Residential District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA03 -015 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 ofthe 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 Case No. Attachment F ZA03 -015 Page 2 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 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 Lot 1R, Block 3, Southlake Park Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388 -112, Page 90, Plat Records, Tarrant County, Texas, being approximately 1. 16 acres, and more fully and completely described in Exhibit "A" from "SF -20B" Single Family Residential District Case No. Attachment F ZA03 -015 Page 3 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. 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. Case No. Attachment F ZA03 -015 Page 4 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. That the terms and provisions of this ordinance shall be deemed to be severable and that ifthe 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. Case No. Attachment F ZA03 -015 Page 5 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 law, and it is so ordained. PASSED AND APPROVED on the 1st reading the MAYOR ATTEST: day of , 2003. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Case No. ZA03 -015 day of , 2003. Attachment F Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -015 Attachment F Page 7 EXHIBIT "A" Being Lot 1R, Block 3, Southlake Park Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388 -112, Page 90, Plat Records, Tarrant County, Texas, being approximately 1. 16 acres. Case No. ZA03 -015 Attachment F Page 8