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Item 7FCity of Southlake Department of Planning STAFF REPORT March 1, 2002 CASE NO PROJECT ZA02 -004 Tract 15, H.A. Throot) Survey Abstract 1237D REQUEST: Robin L. Amerine, et al, is requesting approval for a zoning change. ACTION NEEDED: 1. Conduct public hearing 2. Consider second reading for zoning change approval ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owner Map Surrounding Property Owner's Responses Ordinance No. 480 -389 STAFF CONTACT: Ben Bryner (481 -2086) Case No. ZA02 -004 BACKGROUND INFORMATION OWNERS /APPLICANTS: Robin L. Ainerine, et al PURPOSE: The applicant is requesting a zoning change to "SF -30" zoning for a single - family residential use. The reason "SF-IN' is not requested is because the property is only 0.95 acres. PROPERTY SITUATION: This property is located in the 800 block of East Bob Jones Road. LEGAL DESCRIPTION: The property is legally described as H.A. Throop survey, Abstract 1237D, Tract 15, being approximately 0.95 acres. LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" Agricultural District REQUESTED ZONING: "SF -30" Single Family Residential District TRANSPORTATION ASSESSMENT: Currently this portion of E. Bob Jones Road exists as a dirt road. The street shall meet the engineering standards of the City and shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all - weather driving capabilities. WATER & SEWER: There is no water service extending to the property. The City of Southlake does not have jurisdictional certification to serve this property. The property owner would be subject to any applicable city /county /state permits and regulations for water well installation if he /she chose to provide a non -city source for water service. P &Z ACTION A fire hydrant is required within 800 feet of the residence or an approved residential fire sprinkler system is required. The applicant may be required to provide an additional fire hydrant dependant on the decision of the City's Fire Marshall. There is no sanitary sewer service extending to the property. The property does have approval for the use of a septic system on the lot (ZBA -384). However, a permit must be obtained from the Denton County Health Department. February 7, 2002; Approved (6 -0). CITY COUNCIL ACTION: February 19, 2002; Approved first reading on Consent (5 -0) Case No. ZA02 -004 Attachment A Page 1 STAFF COMMENTS: A zoning request to "SF -30" does require a Concept Plan, but due to the limited scope of the project the Concept Plan requirement has been waived. A copy of the proposed plot plan is attached as exhibit "C ". The emergency access and fire protection issues discussed above are things that the applicant must work out with the building and fire departments in order to acquire a building permit and does not prevent approval of either the zoning change or future plats. Case No. Attachment A ZA02 -004 Page 2 Vicinity Map H.O. Throop, Abstract 1237, Tract 15 1000 0 1000 2000 3000 Feet 1 , 0 4 1 S Case No. ZA 02 -004 E Attachment B Page 1 PROPERTY nFS CRIP TIO&I Sec Attocnad Poga 2 of F O = TlifE v °1T O � BEGINl DING J,7- m M � x O s � 3 ° --1 n !f -d N.. Pvilb: ghby Vol. 617, pg_ 696, D- R -a.C. T. cln • � x � .rte. •� � 1 v�} am City of Southiake %% - V" \ 1= 97- 840453 eNV J/2' JRF d � 4 _ 7± Case No. Attachment C ZA 02 -004 Page 1 s �2'rxr City of South Jake c, f d I 0990 �� Y .29i.Y SS t S K - t3 1 036 t3 _ Ile& 7K q -Fe)ar- 4f 3-;Za - L ,s6o • �r30 Scala- 7" SiO" Note_ To the best of my knowledge this property is subject to the aasement recorded in This lof is no in the 1 [lf? yPrr fr ^ev s :�^.- r mac e o A men Fd; ag fn ch iiUti Fdood Insurance Rate Mop Community Paned Na . 481PIC0660 E, doted 4/ ?/97_ rhde iot p_ ;( �cl:?dr Zone x, m ers locai draa o av riot .ir_LL`i tee - -. -� -- -- 1, the un 1— , Igned. har cerli { tndE tlEe s+a vdy mop hp'eon, olZO the crs cryln;3 da�s•Initr, _ _ _tv -__ _ ___ a ° a F�I r_` c - r,,�1 rey- TaLa p![ graze nd and - CP the baal ^} f a nd bsil_T, j. o lnee m•d car e�L 4 and OF .ri 'P Lf^ Pictfan z a- cl .. .- D+oyariy svrrv3ata. ona 2Tm ^pp as'anlV encr°flcnmen la or pra{r sa7vr.a vvroae bo..ndar 17naz, � •�J1f'� ��_ a 3 �= , 4 -_ 7 v = es an axn ncr® n, Tn or.lp _^^E Ahe underaq ^a n^.a 4 ^Pnlvaga, n fifpaL' va etsorr., n e p fP �un:_SI � •" �y - y3s � F'al "• 1^ a ao ^es• e(vvL•Cnag (e 1e(an c� • nd rotr:c — h {nap m4Y lb oI f Pa(d AnY vv tae ^OO yPa( ood Plvi•! ax Raa�hoaz a • g {! � l.;,� !� �( �� P+F YY• W�Vt'1F - •,�, 4 �:ir -va {a a - a 4.aia aloEed haraon, p M ,Old ^at he an ld.yrcked cd a9 P s Wdy yr de{erras p} Cnd flaadinq propensH f— of thlJ praPar[y_ ,� A .yam' Mat— 7-i. aurYay rrgJ Pdr }p[layed In vonniGF7an wslh !ha GF 11a. 5�539S -r. fd A+n^ri can jllle Company, i I o ^!® K 71 I r �iTE'XAS • 14 ARLINGTON. , 7 60910- Tra etllen d�06 Y a F2cg,'si —lr ,i J l` 817 779- 6$tf3, FActrG ( B73 ) 216 -815$ Land Suevsyor No_ 5141 LPnen_i- 1 3 Iran Rad Fnu d VA >ance URJic' la /7).%O7 O Iran R.ad Set Q Control Monurnc_.•nt Jog, NCO_ 3gnr_-g .v GJ! irdn r6d-- are 7 2 rebar L i n ess. oth erwdse J7ra wn b TR .. .. noted. ( d � 4 _ 7± Case No. Attachment C ZA 02 -004 Page 1 PROPERTY DESCRIPPON See Attached Page 2 of 2 1 /a iRF Alford N- Wilbughby s Vol. 617, Pg. 696, D,R.D.C.T. , I POINT OF 6EGWNlNG 3$ E 2p 0 . a � f I 1��3• 9Ab7i ` w ej Overhead u ruxi e p _� u Ligh! j+�•' sole 1.049 Acre Tract Vacant Lot �>a W S' p qZ 172' OF Pm c�Q P� City of Southloke File 97- 84063 \ ° m x x 5 LL7JJ \ � rn 7 0 1 \ — 112' 1RF 15.00' City of Southloke File 97 -84063 I Scale: 1" = 50' Note: To the best of my knowledge this property is subject to the easement recorded in Vol. 411, Page 380, D.R.D.C.T.. Note: This lot is not in the 100 year flood hazard zone, Zone A, according to the HUD Flood Insurance Rote Map Community Panel No. 48127C6650 E, doted 412197. This lot is in clear Zone X; loc droina e wos not investigated. I, the undsrsioned, hereby certify Ihet the s ve map her can, antl the a mpan d r{ptien, tlepie Es and describe¢ the r salts of e eful and eca�ro le Be mode on the ground, and to the bast Of my knowledge belief, true e It OF T� and is o and correct depict— a ntl descYip lion of the property surveyetl. antl that there bre no o sP orts t eoi roachmt oeandor .acept a trae�ane s a. a ba��dar oiaee, gea ur shown harean. iha only �P y - 9�, ants the undersigned hoe knowledge, a a those os shown, hewaver this prpparty is subject to any and all .... enta, motions, and restrictions that may be of ....rd. Any 'p . -� ®�� rels—ce to the 100 year 7{ood plain or hoop h—M o e. is on estimate hosed on the dale slpled hereon. end should not be intdepreted��(1sE'� JAN N os o study or determinotian of the noodino propenslilas of this proper, U t�jf .l r� I y . _ •: - • ' - '" 1 4, 2oa2 - � ;� ��4� p . • (t. Nat.: ?his s rye was paAormsd in —n—ti— with tha tronsa d'wn ry c� described in. S V R GF No. 645356 —F, for nmeriean Titla Company. bUzi JDZI. Troy Allen Poop P,O, BOX 14293 ARLINGTON, TEXAS 7609 4 -7 293 Registered Professional � ro Land Surveyo^ No. 5147 Legend: O Iron Rod Found — — — Wood ar Wire Fence _`•a c • Iran Rod Set �# Control Monument Job No. 38015 —BJX x Drown by: TR Poo. 1 of 7 N O ? CI C7 ❑ ch y D 3$ E 2p 0 . a � f I 1��3• 9Ab7i ` w ej Overhead u ruxi e p _� u Ligh! j+�•' sole 1.049 Acre Tract Vacant Lot �>a W S' p qZ 172' OF Pm c�Q P� City of Southloke File 97- 84063 \ ° m x x 5 LL7JJ \ � rn 7 0 1 \ — 112' 1RF 15.00' City of Southloke File 97 -84063 I Scale: 1" = 50' Note: To the best of my knowledge this property is subject to the easement recorded in Vol. 411, Page 380, D.R.D.C.T.. Note: This lot is not in the 100 year flood hazard zone, Zone A, according to the HUD Flood Insurance Rote Map Community Panel No. 48127C6650 E, doted 412197. This lot is in clear Zone X; loc droina e wos not investigated. I, the undsrsioned, hereby certify Ihet the s ve map her can, antl the a mpan d r{ptien, tlepie Es and describe¢ the r salts of e eful and eca�ro le Be mode on the ground, and to the bast Of my knowledge belief, true e It OF T� and is o and correct depict— a ntl descYip lion of the property surveyetl. antl that there bre no • .�wliitllE p • sP orts t eoi roachmt oeandor .acept a trae�ane s a. a ba��dar oiaee, gea ur shown harean. iha only �P y - 9�, ants the undersigned hoe knowledge, a a those os shown, hewaver this prpparty is subject to any and all .... enta, motions, and restrictions that may be of ....rd. Any 'p . -� ®�� rels—ce to the 100 year 7{ood plain or hoop h—M o e. is on estimate hosed on the dale slpled hereon. end should not be intdepreted��(1sE'� JAN N os o study or determinotian of the noodino propenslilas of this proper, U t�jf .l r� I y . _ •: - • ' - '" 1 4, 2oa2 - � ;� ��4� p . • (t. Nat.: ?his s rye was paAormsd in —n—ti— with tha tronsa d'wn Q -• • • • • •' described in. S V R GF No. 645356 —F, for nmeriean Titla Company. bUzi JDZI. Troy Allen Poop P,O, BOX 14293 ARLINGTON, TEXAS 7609 4 -7 293 Registered Professional ( 877 ) 274 -6883, Metro ( 817 ) 216 -8138 Land Surveyo^ No. 5147 Legend: O Iron Rod Found — — — Wood ar Wire Fence Date, fo /11 /07 • Iran Rod Set �# Control Monument Job No. 38015 —BJX A l i iron rods are 712" r unless otherwi n oted. Drown by: TR Poo. 1 of 7 -1 — r Case No. Attachment C ZA 02 -004 Page 2 Surrounding Property Owners H.O. Throop, Abstract 1237, Tract 15 Property Owner Zoning Land Use Description Acreage 1. M. Bowers 1. AG 1. Low Density Residential 1. 2.03 2. Government 2. AG 2. Corp of Engineers 2. 3. City of Southlake 3. AG 3. Public Parks /Open Space 3. 24.5 4. City of Southlake 4. AG 4. Low Density Residential 4. 4.27 5. M. Cummins 5. AG 5. Low Density Residential 5. 0.70 6. R. Hughes 6. AG 6. Low Density Residential 6. 1.07 7. A. Willoughby 7. AG 7. Low Density Residential 7. 1.00 8. A. Willoughby 8. AG 8. Low Density Residential 8. 0.66 9. C. Bohannon 9. AG 9. Low Density Residential 9. 0.98 Case No. Attachment D ZA 02 -004 Page 1 Surrounding Property Owner Responses H.O. Throop Survey, Abstract 1237, Tract 15 Notices Sent: Five (5) Responses: None Case No. ZA 02 -004 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -389 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 15, H.A. THROOP SURVEY, ABSTRACT 1237D, BEING APPROXIMATELY 0.95 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURE DISTRICT TO "SF -30" 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" Agriculture 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 Case No. Attachment F ZA02 -004 Page 1 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 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, Case No. Attachment F ZA02 -004 Page 2 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 Tract 15, H.A. Throop Survey, Abstract 1237D, being approximately 0.95 acres, and more fully and completely described in Exhibit "A" from "AG" Agriculture District to "SF -30" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Case No. Attachment F ZA02 -004 Page 3 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. 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 ZA02 -004 Page 4 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. SECTION 9. The City Secretary of the City of Southlalce 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 Case No. Attachment F ZA02 -004 Page 5 newspaper onetime 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 frill 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. ZA02 -004 Attachment F Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA02 -004 Attachment F Page 7 EXHIBIT "A" Tract 15, H.A. Throop Survey, Abstract 12371), being approximately 0.95 Acres. r PROPERTY DESCRIPTION Being oil that certain lot, tract or parcel of land out of the H2O. Throop Survey, Abstract 1273, Denton County, Texas, being part of a 25.2 acre tract conveyed to Mrs. E. Thomas described in Volume 311, Page 542, Deed Records, Denton County, Texas, and described by deed as beginning at on iron rod 217.6 feet South 0 degrees 35 minutes East of the Northwest corner of Mrs. E. Thomas propery and Northeast corner of a 8.75 acre tract conveyed to Jinks Jones described in Volume 384, Page 515, Deed Records, Denton County, Texas; Thence North 74 degrees 59 minutes East, 203.38 feet to a point on the West right —of —way of a County Road, from which a 3 inch iron pipe bears North 88 degrees 04 minutes West at 1.27 feet; THENCE South 26 degrees 56 minutes East (Reference Bearing Vol. 617, Pg 696) along right —of —way of said Road, 178.27 feet to an 112 inch iron rod found for corner; THENCE South 70 degrees 42 minutes West, leaving said right- -of —way, 291.52 feet to on 1 f2 inch iron rod found for corner; THENCE North 0 degrees 35 minutes West, 202.60 feet to the POINT OF BEGINNING, and Containing 1.049 acres of land, more or less; SAVE AND EXCEPT the South Fifteen (15) feet of the above described tract of land which was conveyed by Warranty Deed from Cori E. Bohannon and wife, Florence M. Bohannon, to James Lee Marrow and wife, LaJuano Gay Morrow, by Warranty Deed dated June 21, 1979, recorded in Volume 964, Page 439, Deed Records, Denton County, Texas. Case No. Attachment F ZA02 -004 Page 8