Item 5CCity of Southlake
DeDartment of Planning
STAFF REPORT
March 15, 2002
CASE NO: ZA02 -001
PROJECT: Torian Lane, Tracts 10 and 1R, Francis Throop Survey, Abstract No. 1511
REQUEST: On behalf of Mrs. S.N. Sandel, Mike Sandel 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 request
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Surrounding Property Owner Map
(D) Surrounding Property Owner's Responses
(E) Ordinance No. 480 -392
STAFF CONTACT: Tara Brooks (481 -2079)
Case No.
ZA02 -001
BACKGROUND INFORMATION
OWNER: Mrs. S.N. Sandel
APPLICANT: Mike Sandel
PURPOSE: The applicant would like to make the property suitable for single family
residential construction.
PROPERTY SITUATION: The property is located 500' west and approximately 650' north of the
intersection of East Dove Street and North Kimball Avenue on the west
side of an unimproved road known as Torian Lane.
LEGAL DESCRIPTION: Tracts 1Q and 1R, Francis Throop Survey, Abstract No. 1511,
being 1.484 acres.
LAND USE CATEGORY: Medium Density Residential
CURRENT ZONING: "AG" Agricultural District
REQUESTED ZONING: "SF -IA" Single Family Residential District
P &Z ACTION: February 21, 2002; Approved to Table (5 -0) until March 7, 2002.
March 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.
The following issues must be addressed prior to the issuance of a building
permit:
1. A plat must be approved by the City and filed in the County Plat
Records. This property is part of an unplatted subdivision.
2. Subdivision Ordinance No. 483 requires all lots to abut on a public or
private street constructed to City Standards. Residential lots may only
front on a private street if approved by the City Council and if the
requirements of Ordinance No. 483, Section 5.4 and 5.5 are met.
Torian Lane has been dedicated as a 60' R.O.W. to the public by a
metes and bounds instrument filed of record in the County Deed
Records. However, no street has been constructed and the property is
not easily accessible. The City has not accepted the public dedication
since no road improvement has been made. Prior to development,
Torian Lane will need to be paved from East Dove Street through the
frontage of this property. A paved temporary turn - around easement
Case No. Attachment A
ZA02 -001 Page 1
will need to be provided at the terminus of the street meeting City
Engineering and Fire Department standards.
3. There are no utility services to this property. The applicant will be
required to extend a minimum 6 "water line through the frontage of
this property. A fire hydrant may also be required.
4. All residential fire access codes must be met prior to issuance of a
building permit.
A Developer's Agreement must be executed with the City prior to any
construction of public facilities.
6. This property is not served by City sewer. A report from a registered
sanitarian stating that a septic system will operate properly on the lot
and specifying any conditions or design criteria necessary for the
proper operation must be submitted with the plat application.
There are two adjacent property owners to the west that are within the 200'
notification area, who are opposed to this zoning change. This opposition
exceeds 20% of the surrounding properties within 200' and will require a
Super Majority vote in the affirmative by the City Council (6 of 7 votes) in
order to receive approval.
N: \Coimuunity Development \WP - FILES \MEMO \2002cases \02- OO1Z.doc
Case No.
ZA02 -001
Attachment A
Page 1
Vicinity Map
Francis Throop Survey, Abstract 1511,
Tracts 1 Q and 1 R
1000 0 1000 2000 3000 Feet
S
Case No.
ZA 02 -001
E
Attachment B
Page 1
Surrounding Property Owners
Francis Throop Survey, Abstract 1511,
Tracts IQ and 1 R
Case No. Attachment C
ZA 02 -001 Page 1
Owner
Zoning
Land Use
Acreage
1.
A. Benner
1.
SF -1A
1.
Low Density Residential
1.
1.08
2.
Guaranty Bank
2.
AG
2.
Low Density Residential
2.
0.45
3.
L. Strait
3.
AG
3.
Med Density Residential
3.
0.50
4.
W. Geiger
4.
AG
4.
Med Density Residential
4.
1.00
5.
W. Geiger
5.
AG
5.
Med Density Residential
5.
0.50
6.
S. Wheeler
6.
AG
6.
Med Density Residential
6.
0.50
7.
S. Davidson
7.
AG
7.
Med Density Residential
7.
1.00
8.
D. George
8.
AG
8.
Med Density Residential
8.
1.00
9.
J. Collier
9.
SF -1A
9.
Low Density Residential
9.
2.39
10.
J. Beville
10.
SF -1A
10.
Low Density Residential
10.
1.39
11.
H. Simpson
11.
SF -1A
11.
Low Density Residential
11.
1.32
12.
M. Zabransky
12.
SF -1A
12.
Low Density Residential
12.
1.11
13.
S. Wayland
13.
AG
13.
Low Density Residential
13.
0.50
14.
S. Sandel
14.
AG
14.
Low Density Residential
14.
0.50
15.
S. Sandel
15.
AG
15.
Low Density Residential
15.
1.00
Case No. Attachment C
ZA 02 -001 Page 1
Surrounding Property Owners Responses
Francis Throop Survey, Abstract 1511,
Tracts 1Q and 1R
Notices Sent: Thirteen (13)
Responses: Two (2) responses were received from within the 200' notification area:
• Andrew M. Benner, 1653 Creekside Dr., Southlake, Tx. is opposed. (Received February
14, 2002)
• Mark Zabransky, 1651Creekside Dr., Southlake, Tx. is opposed. (Received February 14,
2002)
Case No. Attachment D
ZA 02 -001 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480 -393
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 TRACTS 1Q AND 1R, SITUATED
IN THE FRANCIS THROOP SURVEY, ABSTRACT NO. 1511,
AND BEING 1.484 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
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
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 1Q and 1R, situated in the Francis Throop Survey, Abstract No. 1511,
and being approximately 1.484 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 hill 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.
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
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:
ACTING CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2002.
MAYOR
ATTEST:
ACTING CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
EXHIBIT "A"
This page reserved for Metes & Bounds Description