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Item 7DCity of Southlake Department of Planning STAFF REPORT January 3, 2003 CASE NO: ZA02 -107 PROJECT: Pecan Creek (zoning change) REQUEST: Eliot House Drews Partners is requesting approval of a zoning change for a portion of Lot 2B in Dllg Place. ACTION NEEDED: Coi ATTACHMENTS: (A) (B) (C) (D) (E) (F) isider first reading for zoning change Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -415 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA02 -107 BACKGROUND INFORMATION OWNER/APPLICANT: Eliot House Drews Partners PURPOSE: The boundary of the original "C -2" lot has been reduced in size, leaving a portion of "C -2" zoned property in the adjoining "O -1" lot boundary. Since two zonings cannot be within one lot (known as Split Lot Zoning) a change to "O -1" is required. PROPERTY SITUATION: The property is located at 711 E. Southlake Boulevard. LEGAL DESCRIPTION: This property is legally described as being a portion of Lots 2B, Block 1, Dilg Place Subdivision. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "C -2" Local Retail Commercial District REQUESTED ZONING: "O -1" Office District HISTORY: -July 3, 1979 City Council approved a Plat Showing for two lots on 25 acres of land. - February 22, 1984 City Council approved a Plat Revision for a subdivision of Lot 2 into three lots. - "C -2" zoning and a concept plan was approved by City Council on October 2, 2001. P &Z ACTION: December 19, 2002; Approved (7 -0) STAFF COMMENTS: Due to the limited scope of the request, no review summary was generated for this application. A Concept Plan is included as Attachment `C'. This zoning shall be subject to all conditions of approval for the adjoining "O -1" district lot for which it is being combined with for development. M \Coimnunity Development \WP - FILES \MEMO \2002cases \02- 107Z.doc Case No. ZA02 -107 Attachment A Page 1 Vicinity Map Pecan Creek 1000 0 1000 2000 3000 Feet N Case No. ZA02 -107 E Attachment B Page 1 I I I I I J � I d � I n i3 a � a y I J I Wlo � w m ° W � l x 1� E1 k I V 11 I I I . 14 I I I H = fl — I I I � u I 7� I I I d I I no R = 10' �- '124 .59 f ca No4"ofi'2z °w i Co - 121.13' a 9 .24+ 1N6 2 I�}I es2- asm.F• as. l � LOT� 1, E1.00K ! W.�E I°RFX1:i Mf a�.lslo.. vawNe osiae, rart e 6 . .v. 11-10111 1 5,252 S.F. !! — � NN ,r 01 X1'22' E — l 381.36' — xi 4« PECAN CREEK DRIVE 1 f 14'03'40" - L = 24.59' = 512'18'41 'w I FUTURE PHASE C - 2448' I LOT 7, BLOCK I I - bFFiC� 5,000 Y I� I 3 n I ' '�+ s °�. . 9At I � I I to mm �I LOT 2, BLOCK 4 I I I I I _— ZONING EXHIBIT � r�1 PECAN CREEK C I� 2 COMU ROAL LGT4 ON 1.744 ACRES 2 OF ME _ ._.. - - - 1 8947^ _ O.W. KNIGHT SURVEY, ASSTR. NO. 699.' - - ° I I W I I FUTURE PHASE CITY OF SOUTHLAKE CH = 121.13' C8 = N 04'08'22' rum =pug o Rr mrsa o -I aomuiCJ TARRANT COUNTY, TEXAS " I LOT 4, BLOCK 1 09 - N11'23'25 — =V- 1 - ��avi ° ° o ° ° ry " asi °c o..iu �tiM vfl.rmrc •"`.",'� ` ' '�+ FUTURE PHASE I vocu.a iaa�v. oars su inr e, w.o. ra+iair mwrlav na, aao / � LOT 2, BLOCK 4 y I �- — 42' �k = 7tl.00' - 1 8947^ GFf1GE s.ow sF I I W I I FUTURE PHASE — L = 39.56' "W CH = 121.13' C8 = N 04'08'22' rum =pug o Rr mrsa o -I aomuiCJ " I LOT 4, BLOCK 1 09 - N11'23'25 — =V- Gt7 = 7 @.13' VoLU� iiw. I � � ^ni�"ioFrrci _ 4822.87 SF /0.110 AC TO RE fD I yo w ' Al : %` r _ M23 , r ME: ZONE[) TO O -1 (OFF TE) ._.,.,._.I I I vcr i ,° a fl / 26'w` 5 4'SD' `83.95' cl I 594' S 14'26'3 E �9• NIS ONE[) C -2 {COMMERCIAL ETAIL 2 03 1 �, \ p- °o — — 1 PECAN CREEK SUBDIVISION Lot 2- Zoning Area BEING a 0.1107 of an acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and being a portion of Lot 2 -A and 2- B, Block 1, DILG PLACE, an addition to the City of Southlake described by plat recorded in Volume 388 -174, Page 30, Plat Records Tarrant County, Texas ( PRTCT), and being a portion of that certain tract of land described in deed to Eliot House (Drews) Partners I, L.P. recorded in Volume 15194, Page 466, Deed Records of Tarrant County, ( DRTCT), said 0.1107 of an acre tract of land being more particularly described as follows: COMMENCING at a 1/2 -inch iron rod with cap stamped "Bury +Pittman° found for the northwest corner of said tract of land recorded in Volume 15194, Page 466, DRTCT same being the northeast corner of Lot 3R, Block 60 of TIMARRON ADDITION, Phase 5, an addition to the City of Southlake described by plat recorded in Cabinet A, Slide 4395, PRTCT and being in the southerly right -of -way line of Southlake Boulevard (Farm -to- Market Road No. 1709, a variable width right -of -way); THENCE along said southerly right -of -way line the following: South 87 °33'49" East, a distance of 63.34 feet to a Texas Department of Transportation brass monument found for corner; North 89 °34'26" East, a distance of 98.47 fleet to a point for corner; THENCE South 01'15'48" East, a distance of 20.55 feet to the point of curvature of a curve to left having a radius of 75.00 feet; THENCE southeasterly with said curve to the left through a central angle of 26 0 21'28" for an arc distance of 34.50 feet, a chord bearing of South 14 °26'32" East and a chord distance of 34.20 feet to the point of tangency; THENCE South 27 0 37'16" East, a distance of 79.49 feet to the POINT OF BEGINNING; THENCE South 27 °37'16" East, a distance of 37.91 feet to the point of curvature of a curve to right having a radius of 70.00 feet; THENCE southeasterly with said curve to the right through a central angle of 32 °27'42" for an arc distance of 39.66 feet, a chord bearing of South 11'23'25" East and a chord distance of 39.13 feet to the point of tangency; THENCE South 04 0 50'26" West, a distance of 183.95 feet to point for corner; Case No. ZA02 -107 Attachment C Page 1 THENCE North 90 0 00'00" West, a distance of 45.05 feet to the point of curvature of a non - tangent curve to the right having a radius point which bears South 84 °43'09" East, a distance of 100.00 feet; THENCE northeasterly with said curve to the right through a central angle of 14 °03'40" for an arc distance of 24.54 feet, a chord bearing of North 12 °18'41" West and a chord distance of 24.48 feet to the point of tangency; THENCE North 19 0 20'31" East, a distance of 117.12 feet to the point of curvature of a curve to the left having a radius of 152.00 feet; THENCE northwesterly with said curve to the left through a central angle of 46 0 57'47" for an arc distance of 124.59, a chord bearing of North 04 °08'22" West and a chord distance of 121.13 feet to the POINT OF BEGINNING; CONTAINING a computed area of 4823 square feet or 0.1107 of an acre of land. Case No. ZA02 -107 Attachment C Page 1 Surrounding Property Owners Pecan Creek L 2 Owner Zoning Land Use Acreage 1. Southlake Foxborough 1. Cl 1. Retail Commercial 1. 0.62 Ltd 2. Southlake Foxborough 2. SF20A 2. Office Commercial 2. 1.33 Ltd 3. Creekside Office JV 3. SP 1 3. Med. Density Residential 3. 1.96 4. Eliot House. 4. 01 4. Med. Density Residential 4. 2.55 5. Eliot House 5. 01 5. Retail Commercial 5. 2.62 6. Eliot House 6. 01 6. Retail Commercial 6. 1.24 7. Eliot House 7. PUD 7. Public /Semi - Public 7. 2.60 8. Venus Partners 8. PUD 8. Retail Commercial 8. 3.90 9. Eliot House 9. C2 9. Retail Commercial 9. 3.00 Case No. Attachment D ZA02 -107 Page 1 Surrounding Property Owner Responses Pecan Creek Portion of Lot 2A, Dilg Place Notices Sent: Four (4) Responses: None Case No. ZA02 -107 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -415 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 A PORTION OF LOT 2B, BLOCK 1, DILG PLACE SUBDIVISION, AND BEING APPROXIMATELY 0. 1107 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "C -2" LOCAL RETAIL COMMERCIAL DISTRICT TO "0-1" OFFICE DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT `B ", 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 "C -2" Local Retail Case No. Attachment F ZA02 -107 Page 1 Commercial 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 necessity for the zoning changes, that the public demands them, that the public interest clearly Case No. Attachment F ZA02 -107 Page 2 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: Being a portion of Lot 2B, Block 1, Dilg Place Subdivision, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388 -174, Page 30, Plat Case No. Attachment F ZA02 -107 Page 3 Records, Tarrant County, Texas, and being approximately 0. 1107 acres, and more fully and completely described in Exhibit "A" from "C -2" Local Retail Commercial District to "O -1" Office District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit `B ". 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 ZA02 -107 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 ZA02 -107 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 day of , 2002. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the Case No. ZA02 -107 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 -107 Attachment F Page 7 EXHIBIT "A" Being a portion of Lot 2B, Block 1, Dllg Place Subdivision, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Volume 388 -174, Page 30, Plat Records, Tarrant County, Texas, and being approximately 0. 1107 acres. PECAN CREEK SUBDIVISION Lot 2- Zoning Area BEING a 0.1107 of an acre tract of land situated in the O.W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas and being a portion of Lot 2 -A and 2- B, Block 1, DILG PLACE, an addition to the City of Southlake described by plat recorded in Volume 388 -174, Page 30, Plat Records Tarrant County, Texas (PRTCT), and being a portion of that certain tract of land described in deed to Eliot House (Drews) Partners I, L.P. recorded in Volume 15194, Page 466, Deed Records of Tarrant County, (DRTCT), said 0,1107 of an acre tract of land being more particularly described as follows: COMMENCING at a 1/2 -inch iron rod with cap stamped "Bury+Pittman" found for the northwest corner of said tract of land recorded in Volume 15194, Page 466, DRTCT same being the northeast corner of Lot 3R, Block 60 of TIMARRON ADDITION, Phase 5, an addition to the City of Southlake described by plat recorded in Cabinet A, Slide 4395, PRTCT and being in the southerly right -of -way line of Southlake Boulevard (Farm -to- Market Road No. 1709, a variable width right -of -way); THENCE along said southerly right -of -way line the following: South 87 °33'49" East, a distance of 63.34 feet to a Texas Department of Transportation brass monument found for corner; North 89 0 34'26" East, a distance of 98.47 feet to a point for corner; THENCE South 01 East, a distance of 20.55 feet to the point of curvature of a curve to left having a radius of 75.00 feet; THENCE southeasterly with said curve to the left through a central angle of 26 °21'28" for an arc distance of 34.50 feet, a chord bearing of South 14 0 26'32" East and a chord distance of 34.20 feet to the point of tangency; THENCE South 27 °37'16" East, a distance of 79.49 feet to the POINT OF BEGINNING; THENCE South 27 0 37'16" East, a distance of 37.91 feet to the point of curvature of a curve to right having a radius of 70.00 feet; THENCE southeasterly with said curve to the right through a central angle of 32 °27'42" for an arc distance of 39.66 feet, a chord bearing of South 11 °23'25" East and a chord distance of 39.13 feet to the point of tangency; THENCE South 04 °50'26" West, a distance of 183.95 feet to point for corner; Case No. ZA02 -107 Attachment F Page 8 THENCE North 90 °00'00" West, a distance of 45.05 feet to the point of curvature of a non - tangent curve to the right having a radius point which bears South 84 °43'09" East, a distance of 100.00 feet; THENCE northeasterly with said curve to the right through a central angle of 14 °03'40" for an arc distance of 24.54 feet, a chord bearing of North 12 0 18'41" West and a chord distance of 24.48 feet to the point of tangency; THENCE North 19 °20'31" East, a distance of 117.12 feet to the point of curvature of a curve to the left having a radius of 152.00 feet; THENCE northwesterly with said curve to the left through a central angle of 46 °57'47" for an arc distance of 124.59, a chord bearing of North 04 °08'22" West and a chord distance of 121.13 feet to the POINT OF BEGINNING; CONTAINING a computed area of 4823 square feet or 0.1107 of an acre of land. Case No. ZA02 -107 Attachment F Page 9 M I V bi > C 0 — R }52.00 - 7 R �}5ioa L �124.5S' CU = 1104'08'22 ° 5,9dG SF PECAN CREEK DRIVE CD -121.13 ------ HITTIT RL4OING 2 6 S.F. R L C8 FUTURE PHASE C -2448' LOT 7, BLOCK I LOT 1, BLOCK I q o d CE BUILD= 8.292 S.F. _V_N M '0722 E IA. L ----- r ZONING EXHIBIT PECAN CREEK CDMMn<OA Loft ON 1.744 ACM _ art OF 1lIE Q W- KNIGHT SURVEY, A3SM_ NO. 899. 361.36, CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 4. Z­ Z 02 - T A --to W FuTuRrE PHASE LOT 2, BLOCK I W 4 - 12 459 1 Ld L — = 70. - — 66' CH 121. 3' :8 - N 04*08'22" FUTURE PHASE Y LOT 4, BLOCK 1 ff r— CB -1111'23'25'W 1\ �Z_Li 11 o t �T " , CC -3 9,13 N27'37'16 ° 11 02187 SF/0.11G AC TO BE HE-ZONED TO 0 -1 (OMr) 1 S 4'50'26' O L 34 6'21 28" ,50� cH 34 C13 S 14'26'32 r oNED c 2 (COMMERCIAL FlAlt N o. I. — R }52.00 - 7 R �}5ioa L �124.5S' CU = 1104'08'22 ° 5,9dG SF PECAN CREEK DRIVE CD -121.13 ------ HITTIT RL4OING 2 6 S.F. R L C8 FUTURE PHASE C -2448' LOT 7, BLOCK I LOT 1, BLOCK I q o d CE BUILD= 8.292 S.F. _V_N M '0722 E IA. L ----- r ZONING EXHIBIT PECAN CREEK CDMMn<OA Loft ON 1.744 ACM _ art OF 1lIE Q W- KNIGHT SURVEY, A3SM_ NO. 899. 361.36, CITY OF SOUTHLAKE TARRANT COUNTY, TEXAS 4. Z­ Z 02 - T A --to