Item 8CCity of Southlake
Department of Planning
STAFF REPORT
November 26, 2003
CASE NO
PROJECT
ZA03 -075
500 S. White Chapel Boulevard
REQUEST: On behalf of Lenora K. Herron, J. Ronald Linkous is requesting approval of a zoning
change from "AG" Agricultural District to "SF-IA" Single Family Residential
District.
ACTION NEEDED: Consider first reading for 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 -427
STAFF CONTACT: Dennis Killough (481 -2073)
Bruce Payne (481 -2036)
Case No.
ZA03 -075
BACKGROUND INFORMATION
OWNER: Lenora K. Herron
APPLICANT: J. Ronald Linkous
PURPOSE: The purpose of this request is to rezone the property to allow for construction
of a single family residence.
PROPERTY SITUATION: 500 S. White Chapel Boulevard
LEGAL DESCRIPTION: Tract 3G, out of the H. Granberry survey, abstract no. 581
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: There is no development history on this property. A home currently exists on
the property.
TREE PRESERVATION: The City's Landscape Administrator has no comments for this item.
P &Z ACTION: November 20, 2003; Approved (7 -0)
STAFF COMMENTS: An application for "SF-IN' zoning does not require submittal of a concept
plan. A zoning exhibit has been included as Attachment "C" for informational
purposes
N: \Cotmuunity Development \WP - FILES \MEMO \2003cases \03- 075Z.doc
Case No. Attachment A
ZA03 -075 Page 1
Vicinity Map
500 S. Whtie Chapel Boulevard
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Case No.
ZA03 -075
Attachment B
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Zoning Exhibit
Lenora K. Herron Tract
RECD OCT 13 2093 1. In Acres
in the
Z�C ry3 � a75 H. GRANBERRY SURVEY, ABSTRACT NO. 581
vV lJ CITY OF SOUTHLAKE
TARRANT COUNTY. TEXAS
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Zoning Exhibit
Lenora K. Herron Tract
RECD OCT 13 2093 1. In Acres
in the
Z�C ry3 � a75 H. GRANBERRY SURVEY, ABSTRACT NO. 581
vV lJ CITY OF SOUTHLAKE
TARRANT COUNTY. TEXAS
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Surrounding Property Owners
ME
Owner
Zoning
Land Use Designation
Acreage
1. Tolbert, Anthony Etux Satasha
"SF1 -A"
Low Density Residential
2.644
2. McLemore, Mark L Etux Capri
"SF1 -A"
Low Density Residential
4.209
3. Anderson, Wilfred E & Veronika
"SF1 -A"
Low Density Residential
3.039
4. Lafavers, William E
"C1"
Medium Density Residential
0.164
5 -6. Lafavers, William E
"AG"
Medium Density Residential
5.545
7. Reutlinger, Richard A
"C2 1 '
Medium Density Residential
15.236
8. Fowler, Mark L Etux Wynell
"SF1 -A"
Medium Density Residential
2.483
9 -10. Calais Construction, Inc
"AG"
Medium Density Residential
1.939
11. Herron, Lenora K
"AG"
Medium Density Residential
1.927
Case No.
ZA03 -075
Attachment D
Page 1
500 S. White Chapel Boulevard
Surrounding Property Owner Responses
500 S. White Chapel Boulevard
NOTICES SENT: Ten (10)
RESPONSES: None (0)
Case No.
ZA03 -075
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -427
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 3G,
OUT OF THE H. GRANBERRY SURVEY, ABSTRACT NO. 581, BEING
APPROXIMATELY 1.996 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
ZA03 -075 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
Case No. Attachment F
ZA03 -075 Page 2
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 Soutlake, 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 3G, out of the H. Granberry survey, abstract no. 581, being approximately 1. 996
acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural 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.
Case No. Attachment F
ZA03 -075 Page 3
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.
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.
Case No. Attachment F
ZA03 -075 Page 4
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.
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
fifteen (15) 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
Case No.
ZA03 -075
Attachment F
Page 5
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA03 -075
Attachment F
Page 6
EXHIBIT "A"
Being Tract 3G, out of the H. Granberry Survey, Abstract No. 581, being approximately 1. 996 acres.
FIELD NOTES
Zoning Exhibit
Lenora K. Herron Tract
1.996 Acres
Being all that certain lot, tract or parcel of land situated in the Hiram Granberry Survey, Abstract
Number 581, City of Southlake, Tarrant County, Texas, being all of that certain called 2.00 acre
tract of land described in deed to Lenora K. Herron recorded in Volume 4487, Page 871 of the
Deed Records of Tarrant County, Texas, and being more particularly described as follows:
BEGINNING at a'' /z" rebar found at the southwest corner of said Herron tract, being the
northwest corner of that certain tract of land described in deed to William E. Lafavers recorded in
Volume 8602, Page 2321 of the Deed Records of Tarrant County, Texas, from which point, a ' / 2"
rebar found at the southwest corner thereof bears southerly, 109.2 feet (called 100% and being on
the east line of that certain called 13.8609 acre tract of land described in deed to Richard A.
Reutlinger recorded in Volume 6765, Page 807 of the Deed Records of Tarrant County, Texas;
THENCE N 02 °00'00" E (Record), 226.11 feet, along the east line of said Reutlinger tract and
the west line of said Herron tract, to a' /a" rebar found at the northwest corner thereof, being the
southwest corner of that certain tract of land described in deed to Calais Construction Inc.,
recorded in Volume 15375, Page 2 of the Deed Records of Tarrant County, Texas;
THENCE S 87 0 48'19" E, 423.89 feet, along the south line of said Calais Construction tract and
the north line of said Herron tract, to a 5/8" rebar found at the northeast comer thereof, being on
the west right -of -way line of White Chapel Boulevard (variable R.O.W.);
THENCE S 21 ° 15'08" W, 162.47 feet, along the east line of said Herron tract and the west
right -of -way line of White Chapel Boulevard, to a ''/2 capped rebar (G & A) set at an angle point;
THENCE S 37 0 48'15" W, 96.88 feet, continuing along said line, to a' /z" rebar found at the
southeast comer of said Herron tract and the northeast corner of said Lafavers tract;
THENCE N 86 0 40'07" W, 313.72 feet, along the south line of said Herron tract and the north
line of said Lafavers tract, to the POINT OF BEGINNING and containing approximately 1.996
acres of land.
knun:03217ne.wpd
Case No.
ZA03 -075
Attachment F
Page 7