Item 5DCity of Southlake
Department of Planning
STAFF REPORT
March 15, 2002
CASE NO
PROJECT
ZA01 -134
I.G. Belcher, Tract 32, Abstract 30
REQUEST: Kevin Bower is requesting approval of a zoning change.
ACTION NEEDED: Consider first reading for zoning change request.
ATTACHMENTS
STAFF CONTACT
(A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owner Map
(D) Surrounding Property Owner's Responses
(E) Ordinance No. 480 -391
Ben Bryner (481 -2086)
Case No.
ZA01 -134
BACKGROUND INFORMATION
OWNER/APPLICANT: Kevin Bower
PURPOSE: The purpose of the request is to obtain proper zoning for residential use.
PROPERTY SITUATION: The property is located approximately 1,050' west of North White Chapel
Boulevard and 2,400' north of Bob Jones Road.
LEGAL DESCRIPTION: Being Tract 32, of the I.G. Belcher Survey, Abstract 30 -D, and being
approximately 4.265 acres.
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
HISTORY: There is no development history on this property.
WATER & SEWER: There is no sanitary sewer service extending to the property. The property
does have the minimum 1 -acre size for use of a septic system. However, a
permit must be obtained from the Denton County Health Department.
There is no City water service extending to the property. The applicant may
be required to extend water service lines and dedicate adequate easements.
The property must comply with fire safety requirements for water and access.
Driveways serving multiple residential properties with a common access
easement shall comply with the following fire protection regulations:
P &Z ACTION:
a) Fire equipment shall have access within 150 feet and a fire hydrant
within 800 feet of each structure.
b) If access is more than 10 feet but less than 24 feet wide, a fire hydrant
is required within 800 feet of structures and an approved residential fire
sprinkler system is required in each residence.
C) If a minimum 24 feet wide access is provided, a fire hydrant is required
within 800 feet of structures or an approved residential fire sprinkler
system is required in each residence.
March 7, 2002; Approved (6 -0).
STAFF COMMENTS: A plat must be approved by the City and filed in Denton County Plat Records before
building permits can be issued. The lot must have public street frontage or a variance
must be approved by the City Council.
Case No.
ZA01 -134
Please note that a change of zoning to the "SF -IA" Single Family Residential District
does not require a Concept Plan.
Attachment A
Page 1
Vicinity Map
I. G. Belcher, Tract 32, Abstract 30
1000 0 1000 2000 3000 Feet
III
S
Case No.
ZA 01 -134
E
Attachment B
Page 1
Surrounding Property Owners
I.G. Belcher Survey, Abstract 30, Tract 32
1
Owner
Zoning
Land Use
1. Corp of Engineers
1.
AG
1.
Corp of Engineers
2. C. Lamon
2.
AG
2.
Low Density Residential
3. P. Elkins
3.
AG
3.
Low Density Residential
4. R. Saunders
4.
AG
4.
Low Density Residential
5. T. White
5.
AG
5.
Low Density Residential
6. K. Bowers
6.
AG
6.
Low Density Residential
Acreage
1.
2. 3.53
3. 0.15
4. 18.6
5. 10.0
6. 4.26
Case No. Attachment C
ZA 01 -134 Page 1
Surrounding Property Owner Responses
I.G. Belcher Survey, Abstract 30, Tract 32
Notices Sent: Four (4)
Responses: One response was received from within the 200' notification area:
Thomas and Jacqueline White, 600 W. Bob Jones Rd., Southlake, Tx.; are opposed.
(Received March 4, 2002)
Case No.
ZA 01 -134
Attachment D
Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -391
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 32,
SITUATED IN THE I.G. BELCHER SURVEY, ABSTRACT NO. 30-D,
AND BEING APPROXIMATELY 4.265 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
District under the City's Comprehensive Zoning Ordinance; and
Case No. Attachment E
ZA01 -134 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 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
Case No. Attachment E
ZA01 -134 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 Tract 32, situated in the I.G. Belcher Survey, Abstract No. 30 -D, and being
approximately 4.265 acres, more fully and completely described in Exhibit "A" from
"AG" Agricultural District to "SF -IA" Single Family Residential District.
Case No. Attachment E
ZA01 -134 Page 3
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 frill 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,
Case No. Attachment E
ZA01 -134 Page 4
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.
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
Case No. Attachment E
ZA01 -134 Page 5
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 , 2002.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
Case No. Attachment E
ZA01 -134 Page 6
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No.
ZA01 -134
Attachment E
Page 7
EXHIBIT "A"
Being Tract 32, situated in the I.G. Belcher Survey, Abstract No. 3 10-1), and being approximately
4.265 acres.
FTE,LD NOTES
MI. that
ce) 10t,
tract or parcel
of land located in the 10 G.
BELCHEB,
AhsLract 30
and A. ROBINSON'
Abstract 1131, SURVEYS, both
in Dent.m
County, Texas,
being all of that certain tract of land
conveyed
to Phi'!Jip
F, Elkins, et ux,
by deed recorded in Volume-
1.908, Pacts. 207, reed Re-cords, Denton
County, Texas (D.R., D.Co
Tx.) , and
bei more
particularly described by metes and bounds as
fol.
Volurae,
3 7 1, P�, 22, D.R., D.Co., Tx.;
B1 GINNING a.t Corps of Engineers concrete monument with brass cap
star.iped D-25, located at a fence corner for the (,alj(�d Southwest
corner cit o Elkins, et ux, 4,423 acre tract and. in the
ap
pw,ocit coninion South line of said. Belcher Survey and North
line of Rol Survey;
THENCE de ' ' common said appa.�ent common survey
line and fence,
North
04 dr(: 23 iwinutes 516 seconds
eq
East
31-7-28/100
feet Co a
point
f0T crom which a fence
post
bears
North 05 degrees 44
Wc 4--96/100
es`
feet,
aired aL
the Southwer"t.
corner
. . _. -dct D-336
C) f . J ,[7 f, j ineers Tj-
fg
(77.3
acres)
, recorded in
Volurae,
3 7 1, P�, 22, D.R., D.Co., Tx.;
THF,NCE wit"h �-i line coumc.').n. to said Corps of Engineers Tract ID-336
(77.,3 acres) r.-uad th-is tract, North 81 degrees 48 minutes 13 �,econd,-;
E -�
1,--,t 3,38-n9/100 feet to Corps of Engineers concrete monument with
bsass ca:p stamped D-23 for corner;
TRENCE corttini.linq with ariother line common to Corps of Engineers
propert:y a.nd this tract, North 76 degrees 53 minutes 21 seconds
Eas L. feet to a 3/8 inch iron pin found for corner;
THENCY said Corps of Eng-Ineers property and with a line
coo - muon to t remainder of that certain 12.443 acre tract conveyed
- to Carl. 0. Sy.r.i.Jtb. by deed recorded in Volume 677, Page 97, D,,R.,
T) , C( - j - this tract South 13 degrees .1.8 minutes 44 s -co
T) I
72/1-00 f eet to a 5/8 inch iron pin found in said common
1. -i. - 0 e �Jld 407() 00 degriees 17 minutes 10 seconds West 155 -32/1 -00
fee Lo . inch iron pin fo for an ell corner of tb.is tract
a - - h remainder tract and.
-re o u tjiw i corTier of aforesaid Smit
approy, ifnat y 28--,)'/1-0 feet NorLb of aforem-:mtion.ed common surVey
line a.(I'd f).1-d. 1
Case No. Attachment E
ZA0I-134 Page 8
THENCE with a line approximately 30 feet North of and parallel to
said fence and apparent survey line and with a line common to two
30 foot wide ingress and egress easements, crossing the line common
to said surveys, and continuing in all North 88 degrees 24 minutes
06 seconds East 968 - 36/100 feet to a 5/8 inch iron pin found for
corner in the called West line of White Chapel Road, said point
bears South 07 degrees 57 minutes 24 seconds East 30- 38/100 feet
from a 3/8 inch iron pin found for the called Northeast corner of a
30 foot wide ingress and egress easement recorded in Volume 7075,
Page 986, D.R., D.Co., Tx.;
THENCE departing said common line and with said common West line of
White Chapel Road and East line of this tract, South 07 degrees 57
minutes 24 seconds East 30- 19/100 feet to a 5/8 inch iron pin found
at a. fence corner for the common occupied Southeast corner of this
tract and occupied Northeast corner (as fenced) of that certain
John C. Thompson, et ux tract described in Instrument No. 9328549,
D.R., D.Co., Tx.;
THENCE along or near the occupied fenced South line of this tract
and North line of said Thompson, et ux tract, South 88 degrees 29
minutes 40 seconds West passing the apparent Southeast corner of
said Belcher Survey and ell corner of said Robinson. Survey and
continuing along or near said fence and apparent common survey
line, passing 0 -3/10 feet North of a concrete monument found near
the fenced Northwest corner of said Thompson, et ux, 3 acre tract
at 751 -4/10 feet, and continuing in all 846 - 77/100 feet to a 5/8
inch iron pin found for an angle point, and South 88 degrees 54
minutes 46 seconds West 624 - 94/100 feet to the place of beginning
and containing some 4.422 acres of land or 192,601 square feet.
Case No. Attachment E
ZA01 -134 Page 9