Item 7JCity of Southlake
Department of Planning
STAFF REPORT
January 17, 2003
CASE NO
ZA02 -098
PROJECT: Tract 9D3, J.J. Freshour Survey, Abstract No. 521
REQUEST: Ron J. Winzen, Sr. is requesting approval of a change of zoning from "AG"
Agriculture District to "SF -IA" Single Family Residential District on Tract 9D3, J.J.
Freshour Survey, Abstract No. 521.
ACTION NEEDED: 1. Conduct public hearing
2. Consider approval of second reading for a 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 -413
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA02 -098
BACKGROUND INFORMATION
OWNER/APPLICANT: Ron J. Winzen, Sr.
PURPOSE: The purpose of this request is to place "SF-IN' Single Family Residential
District zoning on the property for the construction of a private residence. A
plat showing (ZA02 -103) is currently being processed.
PROPERTY SITUATION: The property is located on the south side of Florence Road approximately 420
feet from Randol Mill.
LEGAL DESCRIPTION: Tract 9D3, J.J. Freshour Survey, Abstract No. 521, being 1.987 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: There is no development history on the property. The property is vacant.
P &Z ACTION: December 19, 2002; Approved (7 -0)
COUNCIL ACTION: January 7, 2003; Approved first reading on Consent (6 -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- 098Z.doc
Case No. Attachment A
ZA02 -098 Page 1
Vicinity Map
J.J. Freshour, No. 521, Tract 9D3
1000 0 1000 2000 3000 Feet
0
Case No.
ZA02 -098
E
Attachment B
Page 1
o
N �
0 c
m
b �
�-, n
a
YIgMRYTMP
II it t,& p•�
- o.A
e
,,. �r� wo 00 IIP
rya
o•.En e.- r�nnwao..7m...
.ue
all p �5 F
_—
a�� a�
PLAT SHOWNG
LOT
1 J. FRESKOUR NO. 521
y
ADDITION
••- �••°"
5Pq(
9 Y P
�V"� QF
xnw.•ti111. 1 X1N7F i K AND DONDI G:R4Zf.N
ary aoomrnr rurxs tTrroF swtlunx"E
i �e.987AGA65
➢iP3.5 VEYRtiG wvnmmvo°:
„.w
YrW➢SCa
...,..o0
nis P1.1 RW m C.Wi _ S7i&# , D W
RECTA NOV 1 :1 2002
�-, n
Surrounding Property Owners
J.J. Freshour, No. 521, Tract 9D3
I
Case No. Attachment D
ZA 02 -098 Page 1
Owner
Zoning
Land Use
Acreage
1.
City of Keller
1.
1.
1.
2.
P. Baur
2.
SF30
2.
Low Density Residential
2.
0.97
3.
A. Cain
3.
AG
3.
Low Density Residential
3.
2.10
4.
M. Guest.
4.
AG
4.
Low Density Residential
4.
2.20
5.
C. Free
5.
AG
5.
Low Density Residential
5.
2.00
6.
C. Free
6.
AG
6.
Low Density Residential
6.
2.10
7.
C. Williams
7.
SF1A
7.
Low Density Residential
7.
1.09
8.
J. Gaffney
8.
SF1A
8.
Low Density Residential
8.
1.17
9.
M. Gill
9.
SF1A
9.
Low Density Residential
9.
1.13
10.
R. Haverkamp
10.
SF1A
10.
Low Density Residential
10.
3.92
11.
M. Randall
11.
AG
11.
Low Density Residential
11.
2.00
12.
R. Winzen
12.
AG
12.
Low Density Residential
12.
2.00
Case No. Attachment D
ZA 02 -098 Page 1
Surrounding Property Owner Reponses
J.J. Freshour, No. 521, Tract 9D3
Notices Sent: Eleven (11)
Responses: None
Case No.
ZA 02 -098
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -413
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
9D3, SITUATED IN THE J.J. FRESHOUR SURVEY, ABSTRACT NO.
521, BEING 1.987 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
ZA02 -098 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
ZA02 -098 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 Tract 9133, situated in the J.J. Freshour Survey, Abstract No. 521, being 1.987
acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural
District to" SF- IN' Single Family Residential District.
Case No. Attachment F
ZA02 -098 Page 3
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 frill 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,
Case No. Attachment F
ZA02 -098 Page 4
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.
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
Case No. Attachment F
ZA02 -098 Page 5
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 day of , 2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment F
ZA02 -098 Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA02 -098
Attachment F
Page 7
EXHIBIT "A"
Being Tract 9W, situated in the J.J. Freshour Survey, Abstract No. 521, being 1.987 acres.
Beginning at a wood fence post in the south line of Florence Road (60' R.O.W.) and being per deed the
original northwwest comer of Lot 4, J. J. Freshour No. 521Addition an addition to the City of Southlake
as recorded in Cabinet A, Slide 3094 of the Plat Records of Tarrant County, Texas;
THENCE S 00 08'25" W, at 16.00 feet passing a 112" iron rod set with a "TQ BURKS 45509" cap and
at 18.00 feet a 112'" iron rod found and continuing in all 721.86 feet to a 518° iron rod found set in concrete
and being by plat call the most northerly northeast subdivision corner of Hillside Estates, an addition to
the City of Southlake as filed in Volume 388 -181, Page 6 P.R.T.C.T.;
THE NCE N 88 39'42" W, 120.42 feet along north line of said Hillside Estates to a 112" iron rod set with
a "TQ BURKS #5509" cap and being by deed call the southeast corner of a tract of land as described in
deed to Matthew David Randall and Nancy Ann Randall, wife as recorded in Volume 15057, Page 221 D.R.T.C.T.;
THENCE N 00 11'04" W along cast line of said Randall tract at 703.05 feet passing a 1/2" iron rod set with cap
and continuing m all 719.05 feet to a "TQ BURKS #5509" cap set in the south line of Florence Road;
THENCE East 119,94 feet to the Point of Beginning and containing in all 86539 square feet or 1.987 acres of land.
Case No.
ZA02 -098
Attachment F
Page 8