Item 7KCity of Southlake
Department of Planning
STAFF REPORT
January 31, 2003
CASE NO: ZA02 -115
PROJECT: 811 S. White Chapel Boulevard
REQUEST: Kingdom Properties, LTD is requesting approval of a zoning change.
ACTION NEEDED: 1. Conduct public hearing
2. Consider second reading for zoning change approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owners Map
(D) Surrounding Property Owners Responses
(E) Ordinance No. 480 -416
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA02 -115
BACKGROUND INFORMATION
OWNER/APPLICANT: Kingdom Properties, LTD
PURPOSE: The lot does not currently comply with the size requirements of the "RE"
district. The applicant wants to change to a district that the lot would be
compliant with and also wants the benefit of having a 20' side yard permitted
by the "SF-IN' district rather than the 25' side yard of the current "RE"
district.
PROPERTY SITUATION: The property is located at 811 South White Chapel Blvd.
LEGAL DESCRIPTION: Lot 4A, Block A, White Chapel Place
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "RE" Residential Estate District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: -A Plat Revision was approved by City Council on August 28, 1984.
-The "RE" zoning district was placed on the property on September 19, 1989
with approval of the Comprehensive Zoning Ordinance No. 480.
P &Z ACTION: January 9, 2003; Approved (6 -0)
COUNCIL ACTION: January 21, 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- 115Z.doc
Case No. Attachment A
ZA02 -115 Page 1
Vicinity Map
811 S. White Chapel Blvd.
1000 0 1000 2000 3000 Feet
N
Case No.
ZA02 -115
E
Attachment B
Page 1
Surrounding Property Owners
811 S. White Chapel Blvd.
Owner
Zoning
Land Use
Acreage
1. K. Cedras
1.
SF-IA
1.
Low Density Residential
1.
2.42
2. S. Bein
2.
SF -lA
2.
Low Density Residential
2.
1.44
3. W. Timberlake
3.
SF -lA
3.
Low Density Residential
3.
2.66
4. R. Matz
4.
AG
4.
Low Density Residential
4.
6.00
5. P. Mims
5.
RE
5.
Low Density Residential
5.
1.37
6. D. Diepensbrock
6.
RE
6.
Low Density Residential
6.
1.05
7. J. Sykes
7.
RE
7.
Low Density Residential
7.
14.6
8. G. Summerall
8.
SF -lA
8.
Low Density Residential
8.
5.19
9. G. Grubbs
9.
SF -lA
9.
Low Density Residential
9.
3.99
10. L. Fox
10.
SF -lA
10.
Low Density Residential
10.
2.42
11. S. Wahby
11.
RE
11.
Low Density Residential
11.
2.42
Case No.
ZA 02 -115
Attachment C
Page 1
Surrounding Property Owner Responses
811 S. White Chapel Blvd.
Notices Sent: Eleven (11)
Official Petitions Received: None
Case No.
ZA 02 -115
Attachment D
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -416
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 LOT 4A,
BLOCK A, WHITE CHAPEL PLACE, BEING APPROXIMATELY 2.42
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE
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 "RE" Single Family Residential
Estate District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment E
ZA02 -115 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 of the 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 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
Case No. Attachment E
ZA02 -115 Page 2
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 Lot 4A, Block A, White Chapel Place, an addition to the City of Southlake, Tarrant
County, Texas, as recorded in Volume 388 -174, Page 21, Plat Records, Tarrant County,
Texas, being approximately 2.42 acres, and more fully and completely described in Exhibit "A"
from "RE" Single Family Residential Estate 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.
Case No. Attachment E
ZA02 -115 Page 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
ail; 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.
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 if the 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.
Case No. Attachment E
ZA02 -115 Page 4
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refiises 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 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 frill 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.
Case No. Attachment E
ZA02 -115 Page 5
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:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA02 -115
Attachment E
Page 6
EXHIBIT "A"
Being Lot 4, Block A, White Chapel Place, an addition to the City of Southlake, Tarrant County, Texas, as
recorded in Volume 388 -174, Page 21, Plat Records, Tarrant County, Texas, and being approximately 2.42
acres.
Case No.
ZA02 -115
Attachment E
Page 7