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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