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Item 7CCity of Southlake Department of Planning STAFF REPORT December 10, 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: 1. Conduct public hearing 2. Consider approval of second 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) COUNCIL ACTION: December 2, 2003; Approved first reading (5 -0) on Consent 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 M \Community Development \WP - FILES \MEMO \2003cases \03- 075Z.doc Case No. Attachment A ZA03 -075 Page 1 Vicinity Map 500 S. Whtie Chapel Boulevard 1000 0 1000 2000 3000 Feet N E S Case No. ZA03 -075 Attachment B Page 1 o 0 c v, tfr a,F. Colnis Construction Vol. 15375, Pg. 2 ok o m � a , a � ti a� OF F. I o 0 iry f LEGEND 1.996 Acres William E. La Lavers Vol. 8602, Pg. 2321 CAF PPEe REjk ' jo.V PO.B. m POI- ei ®EGINM _ co o4JNG A,ONumN _k FP ' a POWER KO Sh� W VALE ��RANF b � I— n 1.996 Acres William E. La Lavers Vol. 8602, Pg. 2321 "/. �* s 0 Feet 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 G & A Con sultants, Inc. H18PIANNNG • PIAT1MG aP➢.m IMD SIJ Y G , .' A� Pbma=4MOM • F. am 4 cm oRawN w e.N. -m scut — Ho. 03217 _k Sh� "/. �* s 0 Feet 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 G & A Con sultants, Inc. H18PIANNNG • PIAT1MG aP➢.m IMD SIJ Y G , .' A� Pbma=4MOM • F. am 4 cm oRawN w e.N. -m scut — Ho. 03217 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 Ist reading the 2 " day of December, 2003. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2 " reading the 16 day of December, 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