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Item 8BCity of Southlake Department of Planning STAFF REPORT January 3, 2003 CASE NO ZA02 -097 PROJECT: Proposed Lot 2R, A.A. Freeman No. 522 Addition REQUEST: Terry & Linda Rich are requesting approval of a change of zoning from "SF -30A" Single Family Residential District and "AG" Agriculture District to "SF-IA" Single Family Residential District on proposed Lot 2R A.A. Freeman No. 522, being Lots 2, A.A. Freeman No. 522 Addition and Tract 2AlA, A.A. Freeman Survey, Abstract No. 522. ACTION NEEDED: Consider first 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 -412 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA02 -097 BACKGROUND INFORMATION OWNER/APPLICANT: Terry & Linda Rich PURPOSE: The purpose of this request is to place "SF-IN' Single Family Residential District zoning on two properties so that they can be combined into a single residential lot for construction. A plat revision combining to two properties is being processed concurrently with this request (Case No. ZA02 -102). PROPERTY SITUATION: The property is located at 545 and 565 N. Peytonville Avenue. LEGAL DESCRIPTION: Being Lot 2, A. A. Freeman No. 522 Addition and Tract 2AIA, A. A. Freeman Survey, Abstract No. 522, and being approximately 1.47 acres. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "SF -30" Single Family Residential District and "AG" Agricultural District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: -City Council approved "SF -30A" zoning on Lot 2 on October 18, 1994. -A plat showing was approved by City Council to include Lot 2 on August 20, 1996. P &Z ACTION: December 19, 2002; Approved (7 -0) STAFF COMMENTS: An application for "SF-IN' zoning does not require submittal of a concept plan. A copy of the proposed plat has been included as Attachment C for informational purposes. N: \Coimuunity Development \WP - FILES \MEMO \2002cases \02- 097Z.doc Case No. Attachment A ZA02 -097 Page 1 Vicinity Map A. A. Freeman, No. 522, Tract 2AlA 9000 0 9000 2000 3000 Feet 0 S Case No. ZA02 -097 E Attachment B Page 1 N m -4 \ I 5 LOT 2 WT Fr FLAT REVISION LOT VR A.A. FREEMAN NO. 522 ADDITION "T RECD D E ft sue_ rrwm Il li II II II II I­ n Surrounding Property Owners Pecan Creek Owner Zoning Land Use Acreage 1. R. Pollard 1. RE 1. Low Density Residential 1. 10.0 2. J. Farrier 2. SF1A 2. Low Density Residential 2. 1.41 3. K. Just 3. SF1A 3. Low Density Residential 3. 1.43 4. W. Timms 4. SF1A 4. Low Density Residential 4. 1.43 5. M. Goodwin 5. SF1A 5. Med. Density Residential 5. 1.51 6. J. Gaitter 6. SF20A 6. Med. Density Residential 6. 0.50 7. C. Chapman 7. SF20A 7. Med. Density Residential 7. 0.57 8. C. Moore 8. SF20A 8. Med. Density Residential 8. 0.46 9. T. Julia 9. SF20A 9. Med. Density Residential 9. 0.55 10. G. Carson 10. SF20A 10. Med. Density Residential 10. 0.94 11. R. Morgan 11. SF20A 11. Med. Density Residential 11. 0.74 12. S. Lakin 12. SF20A 12. Med. Density Residential 12. 0.53 13. E. Johnson 13. PUD 13. Med. Density Residential 13. 0.30 14. S. Revell 14. PUD 14. Med. Density Residential 14. 0.36 15. W. Rich 15. AG 15. Med. Density Residential 15. 1.41 16. G. Tenny 16. SF20A 16. Med. Density Residential 16. 0.52 17. J. Dzielawa 17. SF20A 17. Med. Density Residential 17. 0.60 18. G. Snyder 18. SF20A 18. Med. Density Residential 18. 0.47 19. J. Adamick 19. SF20A 19. Med. Density Residential 19. 0.55 Case No. ZA 02 -097 Attachment D Page 1 Surrounding Property Owner Responses A. A. Freeman, No. 522, Lot 2R Notices Sent: Nineteen (19) Responses: None Case No. ZA 02 -097 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -412 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 BEING LOT 2, A.A. FREEMAN NO. 522 ADDITION AND TRACT 2AIA, SITUATED IN THE A.A. FREEMAN SURVEY, ABSTRACT NO. 522, AND BEING APPROXIMATELY 1.47 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM " AG ' AGRICULTURAL DISTRICT AND "SF -30" 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 "AG" Agricultural Case No. Attachment F ZA02 -097 Page 1 District and "SF -30" Single Family Residential 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 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 Case No. Attachment F ZA02 -097 Page 2 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 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: Case No. Attachment F ZA02 -097 Page 3 Being Lot 2, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 3233, Plat Records, Tarrant County, Texas, and Tract 2AlA, situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.47 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF -30" Single Family Residential 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. 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 fiill 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 Case No. Attachment F ZA02 -097 Page 4 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. 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 ZA02 -097 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 ten (10) 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 , 2002. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Case No. ZA02 -097 day of , 2002. Attachment F Page 6 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA02 -097 Attachment F Page 7 EXHIBIT "A" Being Lot 2, A.A. Freeman No. 522 Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 3233, Plat Records, Tarrant County, Texas, and Tract 2AIA, situated in the A.A. Freeman Survey, Abstract No. 522, and being approximately 1.47 acres. BEGINNING AT A 1/2' IRON PIN FOUND IN THE NORTH LINE OF BLOCK 3, SOUTHRIDGE LAKES, PHASE III, SECTION ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 782, PLAT RECORDS, TARRANT COUNTY. TEXAS, FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 3, AND THE SOUTHEAST CORNER OF LOT 2, A.A. FREEMAN NO. 522 ADDITION; THENCE NORTH 89 DEGREES 48 MINUTES 25 SECONDS WEST 547.17 FEET ALONG THE NORTH LINE OF SAID BLOCK 3, SOUTHRIDGE LAKES, PHASE III, SECTION ONE, ACCORDING TO PLATS RECORDED IN CABINET A, SLIDE 782 AND SLIDE 913, PLAT RECORDS, TARRANT COUNTY, TO A 5/8" IRON PIN FOUND IN THE SOUTHERLY R,O.W. LINE OF PEYTONVILLE AVENUE FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHWEST CORNER OF LOT 39R, BLOCK 3, SOVTHRIDGE LAKES, PHASE Iii, SECTION ONE, ACCORDING TO THE PLAT RECORDED IN CABINET A. SLIDE 913, SAID POINT ALSO BEING LOCATED IN A CURVE TO THE RIGHT WITH A RADIUS OF 368.00 FEET; THENCE NORTHEASTERLY ALONG SAID R.O.W. AND CURVE TO THE RIGHT 114.61 FEET TO A 5/8" IRON PIN FOUND FOR THE END OF SAID CURVE, WHOSE CHORD BEARS 114.15 FEET NORTH 56 DEGREES 44 MINUTES 59 SECONDS EAST; THENCE NORTH 65 DEGREES 40 MINUTES 19 SECONDS EAST 380,97 FEET AND CONTINUING ALONG SAID R.O.W. TO A 112 IRON PiN FOUND FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING THE NORTHEAST CORNER OF SAID LOT 2 AND THE NORTHWEST CORNER OF SAID LOT 3. SAID AA_ FREEMAN NO. 522 ADDITION; THENCE SOUTH 25 DEGREES 16 MINUTES 55 SECONDS EAST 244.83 FEET ALONG THE COMMON LINE BETWEEN LOTS 2 AND 3, SAID AA. FREEMAN NO, 522 ADDITION TO THE POINT OF BEGINNING AND CONTAINING 1.473 ACRES OF LAND, MORE OR LESS Case No. Attachment F ZA02 -097 Page 8