Item 8BCity of Southlake
Department of Planning
STAFF REPORT
February 15, 2002
CASE NO: ZA01 -136
PROJECT: Tract IA, John Childress Survey, Abstract No. 254
REQUEST: On behalf of Jerry, Charles, and Flora Mills, James H. Dowdy 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 approval
ATTACHMENTS: (A)
(B)
(C)
(D)
(E)
(F)
STAFF CONTACT: Tar;
Background Information
Vicinity Map
Plans and Support Information
Surrounding Property Owner Map
Surrounding Property Owner's Responses
Ordinance No. 480 -387
i Brooks (481 -2079)
Case No.
ZA01 -136
BACKGROUND INFORMATION
OWNERS: Jerry, Charles, and Flora Mills
APPLICANT: James H. Dowdy
PURPOSE: The purpose of this request is to obtain proper zoning to build two single -
family residences (dependent upon plat approval).
PROPERTY SITUATION: This property is located at 2889 Lonesome Dove Avenue.
LEGAL DESCRIPTION: Tract IA, John Childress Survey, Abstract No. 254, being 2.292 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
P &Z ACTION: February 7, 2002; Approved (6 -0).
STAFF COMMENTS: Please note that a change of zoning to the "SF -IA" Single Family Residential
District does not require a Concept Plan.
M \Community Development \WP - FILES \MEMO \2001cases \01- 136Z.doc
Case No. Attachment A
ZA01 -136 Page 1
Vicinity Map
J. Childress, Abstract 254, Tract 1
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Case No.
ZA 01 -136
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Surrounding Property Owners
J. Childress, Abstract 254, Tract IA
Property Owner
Zoning
Land Use Description
Acreage
1. M. Gokey
1. SF -lA
1. Low Density Residential
1.
5.16
2. R. Sloan
2. SF-IA
2. Low Density Residential
2.
1.00
3. C. Miller
3. SF-IA
3. Low Density Residential
3.
3.81
4. D. Sieben
4. SF-IA
4. Low Density Residential
4.
1.41
5. L. Kennel
5. SF-IA
5. Low Density Residential
5.
1.00
6. City of Grapevine
7. C. Golden
7. R -PUD
7. Medium Density Residential
7.
0.33
8. L. Proctor
8. R -PUD
8. Medium Density Residential
8.
0.33
9. B. Mamerow
9. R -PUD
9. Medium Density Residential
9.
0.33
10. 1 Dobbs
10. R -PUD
10. Medium Density Residential
10.
0.53
11. T. Cave
11. R -PUD
11. Medium Density Residential
11.
0.40
12. C. Mills
12. AG
12. Low Density Residential
12.
2.28
Case No.
Attachment D
ZA 01 -136
Page 1
Surrounding Property Owner Responses
J. Childress Survey, Abstract 254, Tract IA
Notices Sent: Eleven (11)
Responses: None
Case No.
ZA 01 -136
Attachment E
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -387
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 IA SITUATED IN THE
JOHN CHILDRESS SURVEY, ABSTRACT NO. 254, AND
BEING 2.292 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
Case No. Attachment F
ZA 01 -136 Page 1
District under the City's Comprehensive Zoning Ordinance; and
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
Case No. Attachment F
ZA 01 -136 Page 2
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 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:
Case No. Attachment F
ZA 01 -136 Page 3
Being Tract IA situated in the John Childress Survey, Abstract No. 254, and being
2.292 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.
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
Case No. Attachment F
ZA 01 -136 Page 4
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 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.
Case No. Attachment F
ZA 01 -136 Page 5
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 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 , 2001.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2001.
MAYOR
Case No. Attachment F
ZA 01 -136 Page 6
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA 01 -136
Attachment F
Page 7
EXHIBIT "A"
STATE OF TEXAS
COUNTY OF TARRANT
DEDICATION AND OWNER'S CERTIFICATION
BEING a tract of land situated in the John Childress Survey, Abstract Survey Number 254,
Tarrant County, Texas and being all of that certain tract os described by deed to Charles V
Mills and wife, Flora L. Mills recorded in Volume 0000, Page 000, Deed Records. Tarrant
County, Texas, said tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a 3/4 inch iron pipe found at the southwest corner of Lot 1, John Childress
No. 254 Addition, cn addition to the City of Southlake according to the plat recorded in
Cabinet A, Slide 912, Plat Records, Tarrant County, Texas, said point being the north line of
a tract of land described by deed to Jack E. Sandlin and recorded in Volume 4993, Page
524, said Deed Records;
THENCE
South 89 degrees
31 minutes 00 seconds West, along
the north said line of Sandlin
tract and
along the north
line of a tract of land as described
to Rocky D. Smother and
Michael
Cowen and recorded
in Volurne 12423, Page 422, said
Deed Records, a distance of
367.40
feet to o 5/8 inch
iron rod set of the east right —of —way
line of Lonesome Dove
Road;
THENCE North 00 degrees 16 minutes 00 seconds East, along said east right —of —way line, a
distance of 214.50 feet to a 5/8 inch iron rod set at the beginning of a curve to the right
whose radius is 50.00 feet;
THENCE along said curve in a northeasterly direction, an arc length of 77.74 feet, a chord
length of 70.14 feet and a delta of 89 degrees 05 minutes 01 second to a 5/8 inch iron
rod set;
THENCE North 89 degrees 31 minutes 00 seconds East, along the south line of sold of
Burney Lane, a distance of 344.35 feet to a 3/4 inch iron pipe found;
THENCE South 05 degrees 56 minutes 00 seconds West, along the west line of the
aforementioned Lot 1, John Childress No. 254 Addition, a distance of 265.43 feet to the
POINT OF BEGINNING and containing 2.28 acres of land.
Case No. Attachment F
ZA 01 -136 Page 8