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