Loading...
Item 7E City of Southlake Department of Planning S T A F F R E P O R T March 1, 2002 ZA01-138 CASE NO: Lot 2, R.D. Price No. 992 Addition PROJECT: REQUEST: Jimmy Boyles is requesting approval for a zoning change from “RE” Single Family Residential Estate 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. 480-388 STAFF CONTACT: Ben Bryner (481-2086) Case No. ZA01-138 BACKGROUND INFORMATION OWNER/APPLICANT: Jimmy Boyles PURPOSE: The applicant is requesting a zoning change to “SF-1A” in order to replat the rear 2 acres into a 1 acre lot purchased in the adjoining Clariden Ranch Subdivision and have the existing home remain on 3 acres fronting N. White Chapel. PROPERTY SITUATION: 4000 North White Chapel Boulevard LEGAL DESCRIPTION: This property is legally described as Lot 2, R.D. Price No. 992 Addition, being approximately 5.227 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “RE” Single Family Residential Estate District REQUESTED ZONING: “SF-1A” Single Family Residential District P&Z ACTION: February 7, 2002; Approved (5-1). 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\01-138Z.doc Case No. Attachment A ZA01-138Page 1 Case No. Attachment B ZA 01-138 Page 1 RECORDED PLAT Case No. Attachment C ZA 01-138 Page 1 Surrounding Property Owners R. D. Price, Abstract 992, Tract 17 Property Owner Zoning Land Use Description Acreage 1. E. Henson 1. AG 1. Low Density Residential 1. 3.00 2. E. Henson 2. AG 2. Low Density Residential 2. 3.00 3. M. Evans 3. AG 3. Low Density Residential 3. 3.26 4. M. Evans 4. AG 4. Low Density Residential 4. 5.50 5. City of Southlake 5. AG 5. Public Parks/ Open Space 5. 10.0 6. City of Southlake 6. AG 6. Public Parks/Open Space 6. 77.7 7. Southlake-Solana Ltd 7. SF-1A 7. Low Density Residential 7. 38.6 8. J. Boyles 8. RE 8. Low Density Residential 8. 5.22 Case No. Attachment D ZA 01-138 Page 1 Surrounding Property Owner Responses R.D. Price Survey, Abstract 992, Tract 17 Notices Sent: Four (4) Responses: None Case No. Attachment E ZA 01-138 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-388 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 ASLOT 2, R.D. PRICE NO. 992 ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET Q, PAGE 197, PLAT RECORDS DENTON COUNTY, TEXAS, AND BEING APPROXIMATELY 5.227 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE 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 “RE” Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA01-138 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 Case No. Attachment F ZA01-138 Page 2 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: Being Lot 2, R.D. Price No. 992 Addition, an addition to the City Of Southlake, Denton County, Texas, according to the plat recorded in Cabinet Q, Page 197, Plat Records Denton County, Texas, and being approximately 5.227 acres, and more fully and completely described in Exhibit "A" from “RE” Single Family Residential Estate Case No. Attachment F ZA01-138 Page 3 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 community. SECTION 5. Case No. Attachment F ZA01-138 Page 4 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. 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 Case No. Attachment F ZA01-138 Page 5 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 ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment F ZA01-138 Page 6 _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA01-138 Page 7 EXHIBIT "A" Lot 2, R.D. Price No. 992 Addition, an addition to the City Of Southlake, Denton County, Texas, according to the plat recorded in Cabinet Q, Page 197, Plat Records Denton County, Texas, and being approximately 5.227 acres. Case No. Attachment F ZA01-138 Page 8