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Item 7DCity of Southlake Department of Planning STAFF REPORT May 26, 2004 CASE NO ZA04 -022 PROJECT: 880 S. Carroll Avenue REQUEST: Mason Sahihi is requesting approval of a zoning change from "R -PUD" Residential Planned Unit Development District to "SF -IA" Single Family Residential District. ACTION NEEDED: 1. Conduct public hearing 2. Consider approval of second reading for zoning change ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owners Map Surrounding Property Owners Responses Ordinance No. 480 -438 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA04 -022 BACKGROUND INFORMATION OWNER/APPLICANT: Mason Sahihi PURPOSE: Rezone the property for construction of a single family residence PROPERTY SITUATION: 880 S. Carroll Avenue LEGAL DESCRIPTION: Approximately 2.447 acres being Tract 6A, O.W. Knight Abstract No. 899 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "R -PUD" Residential Planned Unit Development District REQUESTED ZONING: "SF -IA" Single Family Residential District HISTORY: "RPUD" Residential Planned Unit Development district was approved by the passage of Ordinance No. 480 -01A in April of 1991. P &Z ACTION: May 6, 2004; Approved (6 -0) COUNCIL ACTION: May 18, 2004; Approved first reading on consent (7 -0) STAFF COMMENTS: No plan is required with a request for "SF -IA" zoning. A boundary survey of the property is included as Attachment `C'. N: \Coinmunity Development \WP - FILES \MEMO \2004cases \04- 022Z.doc Case No. Attachment A ZA04 -022 Page 1 Vicinity Map O. W. Knight Abst. 899, Tract 6A U Case No. ZA04 -022 Attachment B Page 1 60 60 SCALE IN FEET 5/r MF p 1 0. a. 1111 M ___ a 2i LOT 2 I I O.w. KNIGHT ADDITION CABINET A. SLIDE 1459 P.R.T. C. T. REG'D MAR 2 9 2094 WILLIAM W. RUCKER IA0 - CABINET A. SLIDE 2990 & WIFE ZENA RUCKER SOUTH CARROLL VOLUME 12670, PAGE 1656 WAY D.R.T.C.7. D.R.T.C.T. AVENUE 2.366 ACRES NET - CAB A, SLD 2990 P.R.T.C.7. 0 S 89'26'57' E 452-83 POST 3 4' U•I BAR E. sa -K NWL SET TIMARRON ADDITION w fNDSOR i C REEK — — — — — — — — — 11/2 IRFI — — — — — — — — — — — — --- CABINET A. SLIDE 17D7 25' DRAINAGE 5W Yl 11 —LFALFTY EASEMENT P.R-T-C.T. VOL 116,30, PG. 1037 11 5021 VERSAILLES a 2i LOT 2 I I O.w. KNIGHT ADDITION CABINET A. SLIDE 1459 P.R.T. C. T. u. c. 1. - 2.447 ACRES GROSS CABINET A. SLIDE 2990 ACRES A R�AO WAY D.R.T.C.7. 2.366 ACRES NET 0 POST 3 4' 8 TIMARRON ADDITION w fNDSOR i C REEK 11/2 IRFI IRF FKD BEARS CABINET A. SLIDE 17D7 5W Yl 11 P.R-T-C.T. -00 N 89 w 26 11/2" R 4M fl CIRS ;DEED' - N 9 W) I 11 Cl Rlt Lp 0 03 BILL POND, JR. dL WIFE CHERYL A. POND 00 VOLUME 7334, PAGE 944 -D.R.T.C.T. T 0 CHERYL A. POND b o VOLUME 12409, PAGE 825 0 D.R.T.C.T. 5/9 CIRS (1/2 IRF FND SEARS S BT E DA-) W 1 90.04 a 2i LOT 2 I I O.w. KNIGHT ADDITION CABINET A. SLIDE 1459 P.R.T. C. T. 9d. DFW AIRPORT ZONING REGULATIONS. RECORDED IN 1637, D.R.T.C.T. I I R r D MAR 2- J 2004 ZA04 -022 SOUTH CARROLL AVENUE CAB A, SLD 29900 P.R.T.C.T. .�5A. .SO R X NAIL SET ` G I VERSAILLES CABINET A. SLIDE 2990 y D.R.T.C_T_ 10� 1 l 7 4 n �ti f 1 4 .00' 5/8` ; CIRS i s � eA ti l , Case No. ZA04 -022 PROPERTY DESCRIPTION BEING A 2.447 ACRE TRACT OF LAND SITUATED IN THE O.0 ABSTRACT NO. R99, IN CITY OF SOUTHLAKE, TARRANT COLIN PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED TO L.P. (FORMERLY 71VA.RRCN LAND CORP. F4:RWERLY BEAT CI= RECORDED IN VOLUME 9798, PACE 1174, OF THE DEED RE COUNTY. TEXAS (D.R .C.T.). SAD 2.447 ACRE TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5 /6' IRON ROD CAPPED `CARTER & BURL NORTHEAST CORNER OF TIMARRON ADDITION, WYNDSOR CRE THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE RECORDS OF TARRANT COUNTY. TEXAS, IN THE SOUTH LINE DESCRIBED IN DEED TO WILLIAM W. RUCKER AND WIFE ZEN VOLUME 12670, PAGE 1656. D.R.T.C.T.I THENCE S 89'26'57' E. ALONG THE SOUTH LINE OF SAID F AT A DISTANCE OF 4$1.33 FEET A 5/8" IRON ROD FOUND, FEET TO A PK. NAIL SET IN THE APPROXIMATE CENTERLINE AVENUE (COUNTY ROAD NO. 302 — A VARIABLE WIDTH R.t THENCE 5 00'10'23' W, ALONG SAID APPROXIMATE CENTER. 165.02 FEET TO A 5/8' IRON ROD CAPPED 'CARTER do BL NORT1 EAST CORNEP OF A TRACT OF LAND DESCRIBED IN C JR. AND WIFE CHERYL A. POND, RECORDED IN VOLUME 71. THENCE N 89'54 - 0' W, ALONG THE NORTH LINE OF SAID AT A DISTANCE OF 21.00 FEET A I/? IRON ROD FOUND, FEET TO A • /7' IK3N PCID FOUND FOR THE NORTHWEST C TRACT, FROM WH!C� A 3/4` !PON ROD FOUND EEAI{S N THENCE S OC`O2 ° 48' W, ALONG THE WEST LINE OF SAID P. OF 164.69 FEET TO A 1/2" IRON ROD FOUND FOR THE S: POND TRACT IN THF NORTH LINE Or LOT 2, O.W. KNIGHT THE CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS. RECORE 1459, P.R.T.C.T.: THENCE K 89'10'09' W, ALONG THE NORTH LINE OF SAID I DISTANCE OF 1 99.64 FEET A 1/2' IRON ROD FOUND FOR SAID LOT 2, A T9--4_ LISTANCE OF 190.04 FEET TO A 5/E & BURGESS` SET FOR COPNER IN THE EAST LINE OF SAID WYNDSOR CREEK. THENCE N 0[r 19'1 4' E, ALONG THE EAST LINE OF SAID TII wYNDSOR CREEK, A DISTANCE OF 330.87 FEET TO THE PC CONTAINING 2.447 ACRES OF LAND, MORE OR LE5S. TO: WESTERRA TI MM ARO N, LP.. A DELAWARE LI M ITED PAR STEWART TITLE COMPANY THE UNnFRSIGNED HEREBY CERTIF1xc TWAT THIS SU`, Attachment C Page 2 Surrounding Property Owners O. W. Knight Abst. 899,Tract 6A 9 15 13 10 Zoning 11 Acreage 12 14 R -PUD 15 13 Owner Zoning Land Use Acreage 1. Smith, Jeffrey A Etux Susann H R -PUD Medium Density Resid. 0.274 2. Dansereau, Richard Etux Jodi R -PUD Medium Density Resid. 0.276 3. Burt, Chris J Etux Kathy A R -PUD Medium Density Resid. 0.361 4. Jaremko, Thomas J Etux Linda A R -PUD Medium Density Resid. 0.387 5. Ainsworth, Johnny Etux Gayle R -PUD Medium Density Resid. 0.270 6. Rucker, William W & Zena AG Medium Density Resid. 1.980 7. Rucker, William W & Zena AG Medium Density Resid. 1.980 8. Rucker, William W & Zena AG Medium Density Resid. 1.00 9. Coffman, Casey A R -PUD Medium Density Resid. 0.369 10. Villet, Steven C R -PUD Medium Density Resid. 0.349 11. Bailey, Sidney E Jr Etux T F R -PUD Medium Density Resid. 0.367 12. Manskey, James A Etux Kimberly R -PUD Medium Density Resid. 0.381 13. Nguyenphu, Thinh Etux Janet R -PUD Medium Density Resid. 0.384 14. Pond, Cheryl Ann R -PUD Medium Density Resid. 0.042 15. First Baptist Ch Southlake R -PUD Medium Density Resid. 0.224 16. Pond, Cheryl Ann AG Medium Density Resid. 1.000 17. First Baptist Ch Southlake CS Public / Semi - Public 1.161 18. Boren, William B Etux Valorie AG Medium Density Resid. 1.000 19. Cutler, Paul Etux Shari R -PUD Medium Density Resid. 0.565 20. Robinson, Larry Etux Sharon R R -PUD Medium Density Resid. 0.703 21. Tabor, Steven F Etux Mary C R -PUD Medium Density Resid. 0.326 22. Wilson, Lonnie L Etux Debra W R -PUD Medium Density Resid. 0.280 23. Sahihi, Mason R -PUD Medium Density Resid. 2.440 Case No. Attachment D ZA04 -006 Page 1 Surrounding Property Owner Responses O. W. Knight Abst. 899, Tract 6A Notices Sent: Nineteen (19) Responses: None Case No. ZA04 -022 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -438 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 6A, SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, BEING APPROXIMATELY 2.447 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "R -PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT 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 "R -PUD" Residential Planned Unit Development District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA04 -022 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 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 ZA04 -022 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 6A, situated in the O.W. Knight Survey, Abstract No. 899, being approximately 2.447 acres, and more fully and completely described in Exhibit "A" from "R -PUD" Residential Planned Unit Development District to "SF- IA" Single Family Residential District. SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Case No. Attachment F ZA04 -022 Page 3 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 subj ect 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 ZA04 -022 Page 4 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 aviolation 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 fifteen (15) 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. Case No. ZA04 -022 Attachment F Page 5 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 , 2004. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2004. MAYOR ATTEST: CITY SECRETARY Case No. ZA04 -022 Attachment F Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA04 -022 Attachment F Page 7 EXHIBIT "A" Being legally described as Tract 6A, situated in the O.W. Knight Survey, Abstract No. 899, and being approximately 2.447 acres. PROPERTY DESCRIPTION BEING A 2.447 ACRE TRACT OF LAND SITUATED IN THE CA A8 NO. 899, IN CITY OF SOUTHLAKE, TARRANT COON PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED TO L,P. (FORMERLY TIMARRCN LAND CORP. FCAMERLY BEAR CF RECORDED IN VOLUME 9798, PAGE 1174, OF THE DEED RE COUNTY, TEXAS (D.R.T.C.T). SAID 2.447 ACRE TRACT BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURG NORTHEAST CORNER OF TIMARRDN ADDITION, WINDSOR CRE THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE RECORDS OF TARRANT COUNTY, TEXAS, IN THE SOUTH LINE DESCRIBED IN DEED TO WILLIAM W. RUCKER AND WIFE ZEN VOLUME 12670, PAGE 1656. D- R.T,C,T„ THENCE S 8926'57' E. ALONG THE SOUTH LINE OF SAID F AT A DISTANCE OF 431.33 FEET A S /8' IRON ROD FOUND, FEET TO A PK. NAIL SET IN THE APPROXIMATE CENTERLINE AVENUE {COUNTY ROAD NO. 3021 - A VARIABLE VADTH RS THENCE S 00'10'28" W, ALONG SAID APPROXIMATE CENTER: 165.02 FEET TO A 5/8` IRON ROD CAPPED CARTER do BL NORTHEAST CORNER OF A TRACT OF ;AND DESCRIBED IN E JR. AND WIFE CHERYL A. POND, RECORDED IN VOLUME 71. THENCE N 89`54'10 W, ALONG THE NORTH LINE OF SAID AT A DISTANCE OF 21.00 FEET A 1 /2' IRON ROD FOUND, FEET TO A : /7' IRON P0 FOUND FOR THE NORTHWEST C TRACT, FROM Y6' .!C- A 3/4' IRnN ROD FOUND FEARS N -' THENCE S 00'02'48" W. ALONG THE WEST LINE OF SAID P' OF 164.69 FEET TO A 1/2 IRON ROD FOUND FOR THE S' POND TRACT IN THE NORTH LINE OF LOT 2, O.W. KNIGHT THE CITY OF SCUTHLAKE, TARRANT COUNTY TEXAS, RECOK 1459, P.R_T.0 7. THENCE N 89'10'09' W, ALONG THE NORTH LINE OF SAID DISTANCE OF 189.54 FEET A 1/2` IRON ROD FOUND FOR SAID LOT 2, A TOTAL DISTANCE OF 190.04 FEET TO A 5/E 14 BURGESS` SET FOR CORNER IN THE EAST LINE OF SAIL WINDSOR CREEK; THENCE N 00'19'14' E, ALONG THE EAST LINE OF SAID TII WYMDSOR CREEK. A DISTANCE OF 330.87 FEET TO THE PC CONTAINING 2.447 ACRES OF LAND, MORE OR LESS. Case No. ZA04 -022 Attachment F Page 8