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Item 7D City of Southlake Department of Planning S T A F F R E P O R T March 1, 2002 ZA01-136 CASE NO: Tract 1A, John Childress Survey, Abstract No. 254 PROJECT: 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-1A” Single Family Residential District. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for zoning change approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owner Map (E) Surrounding Property Owner’s Responses (F) Ordinance No. 480-387 STAFF CONTACT: Tara 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 1A, John Childress Survey, Abstract No. 254, being 2.292 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District REQUESTED ZONING: “SF-1A” Single Family Residential District P&Z ACTION: February 7, 2002; Approved (6-0). CITY COUNCIL ACTION: February 19, 2002; Approved first reading on Consent (5-0) STAFF COMMENTS: Please note that a change of zoning to the "SF-1A" Single Family Residential District does not require a Concept Plan. N:\Community Development\WP-FILES\MEMO\2001cases\01-136Z.doc Case No. Attachment A ZA01-136Page 1 Case No. Attachment B ZA 01-136 Page 1 PROPOSED PLAT Case No. Attachment C ZA 01-136 Page 1 Surrounding Property Owners J. Childress, Abstract 254, Tract 1A Property Owner Zoning Land Use Description Acreage 1. M. Gokey 1. SF-1A 1. Low Density Residential 1. 5.16 2. R. Sloan 2. SF-1A 2. Low Density Residential 2. 1.00 3. C. Miller 3. SF-1A 3. Low Density Residential 3. 3.81 4. D. Sieben 4. SF-1A 4. Low Density Residential 4. 1.41 5. L. Kennel 5. SF-1A 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. J. 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 1A Notices Sent: Eleven (11) Responses: None Case No. Attachment E ZA 01-136 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 ASTRACT 1A 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-1A” 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 of the 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 1A 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-1A” 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 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. 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. Attachment F ZA 01-136 Page 7 EXHIBIT "A" Case No. Attachment F ZA 01-136 Page 8