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Item 8DCity of Southlake Department of Planning STAFF REPORT March 28, 2003 CASE NO ZA03 -009 PROJECT: 1660 W. Continental Blvd. REQUEST: On behalf of Billy Curb, Kirk & Kim Koogler are requesting approval of a zoning change from "RE" Single Family Residential Estate District to "SF -20A" Single Family Residential District on a portion of the property located at 1660 W. Continental Blvd. to accommodate building an additional home. ACTION NEEDED: Consider first reading for zoning change ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480 -418 STAFF CONTACT: Dennis Killough (481 -2073) Bruce Payne (481 -2036) Case No. ZA03 -009 BACKGROUND INFORMATION OWNER: Billy Curb APPLICANT: Kirk & Kim Koogler PURPOSE: The purpose of this request is to receive approval of a zoning change request from "RE" Single Family Residential Estate District to "SF -20x" Single Family Residential District to allow for construction of a home. PROPERTY SITUATION: The property is located as a portion of 1660 W. Continental Blvd. LEGAL DESCRIPTION: A portion of Tract 1H, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 0.80 acres. LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: "RE" Residential Estate District REQUESTED ZONING: "SF -20X" Single Family Residential District HISTORY: -The zoning was placed on this property with the approval of Zoning Ordinance No. 480 on September 19, 1989. -No other development history exists on this property. WATER & SEWER: An 8" water line currently exists along the east side of S. Peytonville Avenue. A 12" water line exists along the north side of W. Continental Boulevard. An 8" sanitary sewer line exists along a portion of the west side of S. Peytonville Avenue before extending west into the Southlake Woods subdivision. A 6" sanitary sewer line exists on the north side of W. Continental Boulevard. P &Z ACTION March 20, 2003; Approved (5 -0). STAFF COMMENTS: The request for change of zoning applies to Lot 2 only. A concept plan is required for all zoning change requests to the "SF -20X" district. Due to the limited scope of this request, the preliminary plat has been attached as a substitute to the required concept plan. M \Community Development \WP - FILES \MEMO \2003cases \03- 009Z.doc Case No. Attachment A ZA03 -009 Page 1 Vicinity Map Curb Addition 1000 0 1000 2000 3000 Feet N Case No. ZA03 -009 E Attachment B Page 1 e+e0r�o>o��rt ►! Q >dnPaernv enn ZONHN-r M'<'"rf1 CIT# !� r,� ' !S n Yi \ ` o South T.rrr w + f . +. T«. . ....1 G. ...r ry t C;C-1 F I.w., 4 +f.... E A A yJ W 1 1 3l1 { 'y. p tilt 1iV+�11 _ wi 1`-4ii�il 1 Y"� -'�Jl llyr u! \W3J o d a,J4. it „Z,j M f 414 '�'• Iui 1 1. 1 w .JJ a.a,, THORNHiLL C UR EY. Abstmol No 150.5 or3d b ., per+!^ln of " + oe f-ain tr4r.t oMn\� � —A tv a l$\ l r 1 4J \ 1 1WU, i:v- 1 vv, .� n.. N'J ,vr ,I .d C d r r,d rd II f V me 64 Page 525, of the Tgrant r If•'fiy ...•VI1.. WIIW LJtiulla vIV LJI ff f4, 4r Vf1.J I.J VY..s 4.1 I�r4 V1u4M I VIV J YY.+. n ...,.b o.-.C. .d A t.a - -,4'.-- c L 11 4w IAV4. VI V.IJ WI IW JV4V V iV1 Y L111 114V14 IVll f' \-j.11rn14.114.1 _ WJ fV IIVYT Jr 17Cf kl/`° —1 + 11 ltC, o ...i Sa.'A 'rJ f^,...l... +r.,...+ yl..� /11 X11 Y11 ear 1 11 L+ 1 i Ivjl it 4✓J141 e�1 i ILI II IYY I. JI �ry yy1LI Ir \.iV9 ii t '�\I\ -+vll r� 1 4.r Iv1 it In\.. I�vti.iW Tl..lChl("C C.,r .Jh Of) .. Cgr AL +,-... G.•..r+ 7 #!n +J.. rr, + ! \ i �A. �,I !" r�.}. /� rJ Jl 1'1 ILv1 Y\�M VJ tiJW If 1 4.Y6. MW.�14y iy, Jt 'Y 1{IIIfV 14rJ Eas YY1111 117c II osl we north fine -o s�.fi�d \,..WILT tract, a x.72 foot passing t hIc southwest corner of Lot 9, Block 1, Chimney Hill, Phase t, as shown on plat thereof recorded in C-abi A, Slue 350, of the Tarrant County Plat Records, and continuing with the south line of said Lot 9 and the south line of Lot Q in said Black 1, in all 292.1 feet; THEINCE South 0 degreasl6 minutes West and parallel with the most westerly west fine of sold Curb tract, 135.0 feet; THE North 82 degrees, 46 minutes West and parallel with said most westerly north line of Curb tract and south line of Lots 9 and 8, Block 1, Chimney Hill, passing the occupied east line of said Peytonville Road, continuing in all 292.16 feet to a point in said most westerly west line of Curb tract; THENCE North 0 degrees, 16 minutes East with said most westerly west line of Curb tract in said Peytonville Road, 135.0 feet to the PLACE OF BEGINNING, and containing Q.90 acre (39,150 square feet), Case No. ZA03 -009 Attachment C Page 1 W., 2 I A? YE' /a# 0 0 piy Z0#1 SF /0 ow I F y ­WW ")/0 W W I , 1 L% I IV A WiF T I A. =1 4 n = � � `. �w� o��� I ;ic � —\n � �\`.,, o\ ,,,/,, ` `` � ( 9 t �- % A &P X AREA 0 PROPOSEDROA OF , MT DFQ1C8jQN$ tRA� �r N J SF 20 11,gi, F— Hy, 20.M 5, F1 -1y Ct IM - OEM N fiFN5ffr s!IEAT RE gF T 'L 'S 4 ' A�L THEM f!a2N_3U AVEY AU "T-111, ?; WaKC or ci PRELIMINARY PLAT C LOTS 1 & 2, BLOCK 1, --4 T-�-J—T-QF- WAY DEOICATEP !!!��AIT �Iso R TNO.4M) SraACr 53 1— ( PROjE CURB ADbITION 4-4X M i%"A* —4 X 'r 4V-TU�CATED City of 5outhlake, Al 5 Tarrant County, Texas r y ' L being a subdivision of a 6.4 acre tract of A ; Z A- land 1505 in the JAMES THORNHILL SURVEY, % 7 4 2 A lip/ Oft RECD MAR 0 3 2003 1 U,7 MEOIoffl Et Ty NORTH SCALE j -50' Fly Jon ..d Wig Moulim Curb OwnerlDeveioper J I E. - - — w P-% AA 16 0 ,40 W. Continental B-I—d LOCATION M41? i r S.thl.k,, T ... S 760W sc YE m F � hi REM! F1, EST �a.colll I 1. P , AU ... 1,19.5 " n Surrounding Property Owners Curb Addition L-] L__ Owner Zoning Land Use Acreage 1. Southlake Woods LP 1. SF1A 1. Low Density Residential 1. 1.00 2. H. Lafevers 2. SF20 2. Med. Density Residential 2. 0.56 3. A. Munday 3. SF20 3. Med. Density Residential 3. 0.62 4. A. Brumagen 4. SF20 4. Med. Density Residential 4. 0.58 5. B. White 5. SF20 5. Med. Density Residential 5. 0.54 6. J. Siegrist 6. SF20 6. Med. Density Residential 6. 0.68 7. B. Curb 7. RE 7. Med. Density Residential 7. 5.34 8. Southlake Woods LP 8. SF1A 8. Low Density Residential 8. 1.33 9. B. Curb 9. RE 9. Med. Density Residential 9. 0.80 Case No. ZA03 -009 Attachment D Page 1 Surrounding Property Owner Responses Curb Addition Notices Sent: Seven (7) Responses: None Case No. ZA03 -009 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -418 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 A PORTION OF TRACT 1H, SITUATED IN THE J. THORNHILL SURVEY, ABSTRACT NO. 1505, BEING APPROXIMATELY 0.80 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "RE" SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT TO "SF -20A" 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 "RE" Single Family Residential Estate District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA03 -009 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 F ZA03 -009 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 a portion of Tract 1H, situated in the J. Thornhill Survey, Abstract No. 1505, being approximately 0.80 acres, and more fully and completely described in Exhibit "A" from "RE" Single Family Residential Estate District to "SF -20A" Single Family Residential District. Case No. Attachment F ZA03 -009 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 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, Case No. Attachment F ZA03 -009 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 fifteen (15) days before the second reading of this ordinance, and if this Case No. Attachment F ZA03 -009 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 , 2003. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2003. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment F ZA03 -009 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA03 -009 Attachment F Page 7 EXHIBIT "A" Being a portion of Tract IH, situated in the J. Thornhill Survey, Abstract No. 1505, and being approximately 0.80 acres. Dr- , "Cnl11T! N1 n eonoroTV eng in4i!4ir w nl�llC�1 't 'a.- .,S S.rcUi .2'aF.'. S.v R J: n s L a+1 4'...'- °_ -z3 '.J 1^3e SITUATE? I an the Cst of Southiake ra ar County, ?^ :as. and bcing a truw; of !cnd 4-6-- � A .ACC THORNHILL SURVEY, Ab t t 1 a�r }'7i 7. being, a portion of that certain tr'� — tfa 8;1h. 1— . ... r e ., a+.., y a v VI ✓ and L✓4l1 l�v IP 1d 'vu1 N by wc,.,;: 1.., o r'.cd ,� . V y olume 6495, Page ViS, of th° Tarrant C".un' ! D ."..w.` A w ccvrd ail .,^ ; .. said porf v+`.:in ir:vl1�.. filly a a fMllY lrJa " E l - I I'. ";I at the mo i:w5t^.r; ilv h�vcst 'sVl o f said r A- +.. 4 rr 3�1 o y `n� VI �v1w+ .n1 1 0 -. ,1 r 1 I `v ♦vuw t L1Ct�/"`C C.., .ih 4�1 �...vv. -..... A 4.+,.. �,,..i : ;h iL...s. m ! t F ,,1 P` ,,1. a t r- 7 ,HE1 r South 82 �.. 4y, d r - Inuf= E. s �r4 the 11 PJsa wes erly north line cf sold Curb tract. a1 r- ' foot Pass-MG the a:.uth..cst corner of Lot 91 Block 1, Chimney Hill, Phase ., as shown on plat thereof recorded in Cabinet A. Slide 350, of the Tarrant County flat Records, and continuing with the south tine of said LI- t 9 and the south lime of Lot Sin said Block 1, in all 292.16 feet; THE South 0 degrecslb minutes West and parallel with the most westerly west tine of said Curb tract, 135.0 feet; THENCE North $2 degrees, 46 minutes West and parallel with said most westerly north line of Curb tract and south line of Lots 9 and 8, Block 1, Chimney Hill, passing the occupied east line of said Peytonville Road, continuing in afl 292.16 feet to a point in sold most westerly west line of Curb tract; THENCE North 0 degrees. 16 minutes East with said most westerly west line of Curb tract in said Peytonville Road, 135.0 feet to the PLACE OF BEGINNING, and containing 0.90 acre (39,150 square feet). Case No. Attachment F ZA03 -009 Page 8 o I .9 ?O*f e0A I Up - IVED1"­ PE sdr t zowi Sf ra 17 luo i0w 0 4 RIS1191111 7 1 )/0 W W I , 1 1� I W;F . ....... Al 61 f J z 4 1,7 7— �JK J 9- < ------ Z\ w'o N, F N w1 W0. ,7 PROPOSM 10H INC W 2 .,IV IF 20 F_H,70WD 41 SAMUEL IT A� d I -A Ts � � i i �z ot p RELMM*RYPLAT IT 1, 4 elTr ".. 4 �q,, ✓ LOTS 1 2, BLOCK 1, AL-,' - PR{TAW _3;i �9VIXA*It_wD.01­ I CURB ADbITION --Lot �i:T RkGNT­FwR, . ...... . City Southlake, NN of \T,� T Tarrant County, Texas being a subdivision of a 6.4 acre tract of iz-, vp,'i 7' A 7 Z land in the JAMES THORNHILL SURVEY, A-1505 4 2 ZONFO"SF-F06 ao - m oE, ry Rf51bf,7Tmz RFG'D MAR 03 2003 NORTH 5CALE; i Billy Jon and Nii. M.H. Curb 1640 We,t Contimntal LOCATION MAP h, FEMA Fi,m We N, fG SCALE M FEET 5.tikk, T ... s 76092 i i �z ot Case No. Attachment F ZA03 -009 Page 10 City of Southlake Department of Planning STAFF REPORT March 28, 2003 CASE NO: ZA03 -010 PROJECT: Curb Addition THIS ITEM HAS BEEN TABLED UNTIL THE APRIL 15, 2003 CITY COUNCIL MEETING IN ORDER TO BE HEARD WITH THE ASSOCIATED ZONING CASE ZA03 -009.