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Item 8ACity of Southlake Department of Planning STAFF REPORT December 10, 2003 CASE NO ZA03 -077 PROJECT: Lot 1, Block 1, Father Joe Addition and the adioinin2 area dedicated for Johnson Court REQUEST: Derrell Johnson is requesting approval of a zoning change from "CS" Community Service District to "SF -IA" Single Family Residential District. ACTION NEEDED: Consider first reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480 -428 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -077 BACKGROUND INFORMATION OWNER/APPLICANT: Derrell Johnson PURPOSE: The purpose of this request is to rezone the lot to "SF-IN' so that it will conform to the other lots in the Father Joe Addition. The applicant is proposing to combine the three existing lots into one large lot. PROPERTY SITUATION: The property is located at 2440 Johnson Road. LEGAL DESCRIPTION: Lot 1, Block 1, Father Joe Addition and the adjoining area dedicated for Johnson Court LAND USE CATEGORY: Public / Semi - Public CURRENT ZONING: "CS" Community Service District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: -A change of zoning from "AG" to "CS" was approved by City Council on August 20, 1991. -A preliminary plat for the Father Joe Addition was approved by City Council on August 6, 1991. -A final plat for Lot 1 of the Father Joe Addition was approved on August 6, 1991. TREE PRESERVATION: The City's Landscape Administrator has no comments for this item. P &Z ACTION: December 4, 2003; Approved (7 -0) STAFF COMMENTS: An application for "SF-IN' zoning does not require submittal of a concept plan. The proposed Plat Revision to combine all lots into one large lot has been included as Attachment "C" for informational purposes. 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'va 4HR '11 J.o] l tY1LL xax,aaa u CI GNL _______ -�_AS q] - ] .Zf.9CM N- ____ -___ -- I I zn sl I 1 I I I I 1 r � I r I . l I 7 I ao amD�,a tr,a `aoa ,te a -� a axxa E.,a aa! ��'�'." aar raa,ar'aa d H n o a a a I s z rI I H Ni O � Z O y M V N LANDES & ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS 1107 E. FIRST STREET • FORT WORTH, TEXAS 76102 • (817) 870 -1220 - FAX 870 -1292 November 13, 2003 City of Southlake Planning Dept. 1400 Main Street, Suite 3 t0 Southlake, Texas 76092 Re: The Johnson Place Addition Southlake, Texas Ben Bryner, Planner Applicant request's zoning change due to the fact that the Catholic Diocese no longer owns the property, applicant is requesting residential zoning district similar to surrounding properties. Sincerely, Richard Ferguson Landes & Assoc., Inc. REC NUV 1 i ZUUJ Case No. Attachment C ZA03 -077 Page 2 Surrounding Property Owners Johnson Place Addition Owner Zoning Land Use Designation Acreage 1 -2. Hookstratten, Joanna AG Low Density Residential 1.940 3. Berkenbile, Stephen Etux Janet SF-IA Low Density Residential 1.074 4. Cox, Nina Frances Richardson SF-IA Low Density Residential 1.042 5. McFadden, John L SF-IA Low Density Residential 1.484 6. Purvis, Willis N & Avis O SF-IA Low Density Residential 1.852 7. Bishop, Paul H SF-IA Low Density Residential 1.385 8. Bryant, Kreg Etux Tambra SF-IA Low Density Residential 0.746 9. Weinstein, R A Etux Michelle SF-IA Low Density Residential 1.386 10. Halff, Sharon AG Medium Density Residential 2.073 11. Warner, Jesse Etux Sue AG Medium Density Residential 2.213 12. Johnson, Derrell E AG Medium Density Residential 7.770 13 -14. Johnson, Derrell E SF-IA Low Density Residential 3.987 15. Johnson, Derrell CS Public /Semi -Public 9.382 16 -17. Sunnybrook Properties AG Low Density Residential 14.230 Case No. ZA03 -077 Attachment D Page 1 Surrounding Property Owner Responses Johnson Place Addition NOTICES SENT: Fifteen (15) RESPONSES: None (0) Case No. ZA03 -077 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -428 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 1, BLOCK 1, FATHER JOE ADDITION AND THE ADJOINING AREA DEDICATED FOR JOHNSON COURT, BEING APPROXIMATELY 10.2 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "CS" COMMUNITY SERVICE 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 "CS" Community Service District under the City's Comprehensive Zoning Ordinance; and Case No. ZA03 -077 Attachment F 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 -077 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 Lot 1, Block 1, Father Joe Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 859, Plat Records, Tarrant County, Texas, and the adjoining area dedicated for Johnson Court, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 860, being approximately 10.2 acres, and more fully and completely described in Exhibit "A" from "CS" Community Service District to "SF- IN' Single Family Residential District. SECTION 2. Case No. ZA03 -077 Attachment F Page 3 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 conunercial 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. Case No. Attachment F ZA03 -077 Page 4 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. 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 filed 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. Case No. ZA03 -077 Attachment F Page 5 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 MAYOR ATTEST: day of , 2003. CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. ZA03 -077 Attachment F Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -077 Attachment F Page 7 EXHIBIT "A" Being Lot 1, Block 1, Father Joe Addition, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slides 859, Plat Records, Tarrant County, Texas, and the adjoining area dedicated for Johnson Court, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 860, being approximately 10.2 acres. 10.212 acres of land situated in the J. J. Fcesh-ouir Survey, Ab 521, Tarrant Count Texas, said 10,212 acres of land being a portion of that certain tract of land conveyed t-- Ferbert Sword and wife Laura Sword as recorded in Volume 275 Page 241, T said 10.212 acres of land being more particularly described by metes and bounds as follows: Beginning at a Bois D' arc stake at the southwest corner of said Sword Tract, said stake being by previous deed call 631.0 feet West and 15.0 feet North of the Southeast corner of said Freshour Survey, said stake also being in the present north ROW line of Johnson Road (County Road No, 4091); Thence N 00' 02' 23" E 735.00 feet along the west line of said Sword Tract to a 112 inch iron rod set for corner; Thence S 89* 38' 00" E 605-59 feet to the northeast corner of this tract; Thence S 00' 01 08" E 733.29 feet along the east line of said Sword Tract to a 112 inch iron rod once again in the aforementioned north ROW line of Johnson Road, the southeast corner of said Sword Tract; Thence N 89 47' 42" W 606.33 feet alona said north ROW line to the P.O. B. and containing 10.212 acres of land Case No. Attachment F ZA03-077 Page 8