Item 7CCity of Southlake
Department of Planning
STAFF REPORT
April 11, 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: 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 -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).
COUNCIL ACTION: April 1, 2003; Approved First Reading on Consent (7 -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.
N: \Coimnunity 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
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Case No.
ZA03 -009
E
Attachment B
Page 1
e+e0r�o>o��rt ►! Q >dnPaernv enn ZONHN-r M'<'"rf1
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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
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City of 5outhlake,
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5 Tarrant County, Texas
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being a subdivision of a 6.4 acre tract of
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A- land 1505 in the JAMES THORNHILL SURVEY,
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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
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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.
near- DIOT�A'1 ►� i^, eonornTV enq 70! j! it w nl�llC�1 t
- i :.�: n f � n L'1.'- ° -F3'.. lFF
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 fMllYfJa
" E l - I I'. ";I at the mo i:w5t^.r; ilv h�vcst 'sVl of sa r ' A- 4.. a rr 3�1 o
y `n� i d 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 so 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 "!C E South 0 degreesl6 minutes West an d 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
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Case No. Attachment F
ZA03 -009 Page 10