Item 7KCity of Southlake
Department of Planning
STAFF REPORT
January 17, 2003
CASE NO
ZA02 -101
PROJECT: Tract No. 2, William Martin Survey, Abstract No. 1068
REQUEST: On behalf of Dr. Jeffrey Embrey, Four Peaks Development, Inc. is requesting
approval of a zoning change from "AG" Agricultural District to "SF-IX' Single
Family Residential District on property located at 1850 Randol Mill Avenue.
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 -414
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA02 -101
BACKGROUND INFORMATION
OWNER: Dr. Jeffrey Embrey
APPLICANT: Four Peaks Development, Inc.
PURPOSE: The purpose of this request is to receive appropriate zoning for the
development of residential lots.
PROPERTY SITUATION: The property is located at 1850 Randol Mill Avenue.
LEGAL DESCRIPTION: Tract No. 2, William Martin Survey, Abstract No. 1068
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 this property. The property is currently
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.
M \Community Development \WP - FILES \MEMO \2002cases \02- 1O1Z.doc
Case No. Attachment A
ZA02 -101 Page 1
Vicinity Map
W. Martin No. 1068 .Tract 2
1000 0 1000 2000 3000 Feet
NO
Case No.
ZA02 -101
E
Attachment B
Page 1
Metes and Bounds
A tract of land situated in the William Martin Survey, Abstract 1068, Tarrant County, Texas and being part of
a tract of land deeded to H. E. Ferguson as recorded in Volume 1125, Page 24, Tarrant County Deed
Records, and being located about 5 miles Northeast of Keller, Texas, and being more particularly described as
follows:
BEGINNING at an iron pin set for the Southwest corner of this tract said point being North 88 degrees 53
minutes East 843 feet and North 732.4 feet from the Southwest corner of said Martin Survey.
THENCE North 369.8 feet to an iron pin for a corner;
THENCE North 89 degrees 43 minutes 36 seconds East 1189.08 feet to an iron pin and continuing in all
distance of 1200.1 feet to a point in the centerline of County Road No. 3035 and being the most Northerly
Southeast corner of a tract of land deeded to John Raeder as recorded in Volume 3550, Page 145, Tarrant
County Deed Records;
THENCE South 1 degree 16 minutes 18 seconds East along the centerline of County Road No. 3035 as
distance of 362.60 feet to a point;
THENCE South 89 degrees 25 minutes 16.1 feet to an iron pin and continuing in all a distance of 1208.10
feet to the PLACE OF BEGINNING and containing 10.12 acres of land, more or less.
Case No. Attachment C
ZA02 -101 Page 1
Surrounding Property Owners
W. Martin, No. 1068, Tract 2
Case No.
ZA02 -101
Attachment D
Page 1
Owner
Zoning
Land Use
Acreage
1.
Westlake
1.
1.
1.
2.
D. Hinton
2.
SF1A
2.
Low Density Residential
2.
1.01
3.
M. Beck
3.
SF1A
3.
Low Density Residential
3.
1.00
4.
K. Lee
4.
SF1A
4.
Low Density Residential
4.
1.00
5.
K. Lee
5.
SF1A
5.
Low Density Residential
5.
1.00
6.
City of Southlake
6.
MH
6.
Med. Density Residential
6.
0.27
7.
M. Jordan
7.
AG
7.
Low Density Residential
7.
0.94
8.
J. Shatley
8.
AG
8.
Low Density Residential
8.
1.09
9.
J. Shatley
9.
AG
9.
Low Density Residential
9.
0.56
10.
L. Coker
10.
AG
10.
Low Density Residential
10.
0.16
11.
J. Bone
11.
AG
11.
Low Density Residential
11.
0.68
12.
L. Ankerson
12.
AG
12.
Low Density Residential
12.
0.84
13.
B. Shatley
13.
AG
13.
Low Density Residential
13.
1.93
14.
Y. Chang
14.
AG
14.
Low Density Residential
14.
2.90
15.
Y. Chang
15.
AG
15.
Low Density Residential
15.
5.63
16.
L. Coker
16.
AG
16.
Low Density Residential
16.
0.82
17.
L. Coker
17.
AG
17.
Low Density Residential
17.
0.84
18.
L. Coker
18.
AG
18.
Low Density Residential
18.
0.84
19.
C. Fredriksen
19.
AG
19.
Low Density Residential
19.
0.57
20.
C. Fredriksen
20.
AG
20.
Low Density Residential
20.
0.52
21.
C. Fredriksen
21.
AG
21.
Low Density Residential
21.
0.57
22.
J. Seals
22.
AG
22.
Low Density Residential
22.
0.94
23.
J. Embrey
23.
AG
23.
Low Density Residential
23.
10.1
Attachment D
Page 1
Surrounding Property Owner Responses
W. Martin, No. 1068, Tract 2
Notices Sent: Fifteen (15)
Responses: None
Case No.
ZA02 -101
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -414
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 2,
SITUATED IN THE WILLIAM MARTIN SURVEY, ABSTRACT NO.
1068, BEING APPROXIMATELY 10.12 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 -101 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 -101 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 2, situated in the William Martin Survey, Abstract No. 1068, being
approximately 10. 12 acres, and more fully and completely described in Exhibit "A"
from "AG" Agricultural District to "SF -IA" Single Family Residential District.
Case No. Attachment F
ZA02 -101 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 -101 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 -101 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 -101 Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA02 -101
Attachment F
Page 7
EXHIBIT "A"
Being Tract 2, situated in the William Martin Survey, Abstract No. 1068, being approximately 10. 12
acres.
A tract of land situated in the William Martin Survey, Abstract 1068, Tarrant County,
Texas and being part of a tract of land deeded to H. E. Ferguson as recorded in
Volume 1125, Page 24, Tarrant County Deed Records, and being located about 5
miles Northeast of Keller, Texas, and being more particularly described as follows:
BEGINNING at an iron pin set for the Southwest corner of this tract said point being
North 88 degrees 53 minutes East 843 feet and North 732.4 feet from the Southwest
corner of said Martin Survey.
THENCE North 369.8 feet to an iron pin for a corner;
THENCE North 89 degrees 43 minutes 36 seconds East 1189.08 feet to an iron pin
and continuing in all distance of 1200.1 feet to a point in the centerline of County
Road No. 3035 and being the most Northerly Southeast corner of a tract of land
deeded to John Raeder as recorded in Volume 3550, Page 145, Tarrant County Deed
Records;
THENCE South I degree 16 minutes 18 seconds East along the centerline of County
Road No. 3035 as distance of 362.60 feet to a point;
THENCE South 89 degrees 25 minutes 16.1 feet to an iron pin and continuing in all a
distance of 1208.10 feet to the PLACE OF BEGINNING and containing 10.12 acres
of land, more or less.
Case No. Attachment F
ZA02 -101 Page 8