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Item 7A Department of Planning & Development Services S T A F F R E P O R T August 25, 2015 CASE NO: ZA15-014 PROJECT: Zoning Change and Concept Plan for 1860 Sunshine Ln. EXECUTIVE SUMMARY: On behalf of Adam Jaberi, Charles Starnes is requesting approval of a Zoning Change and Concept Plan for 1860 Sunshine Lane on property described as Tract 3A1F5, Frances Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas and located at 1860 Sunshine Ln., Southlake, Texas. Current Zoning: “SF-1A" Single Family Residential District. Proposed Zoning: "SF-20A" Single Family Residential District. SPIN Neighborhood # 4. REQUEST: The applicant is requesting approval of a Zoning Change and Concept Plan from “SF- 1A” Single Family Residential District to ‘SF-20A” Single Family Residential District for 1860 Sunshine Lane. The applicant would like to tear down the existing home on the property that was constructed in 1971 and build a new home. Before a building permit can be issued for the new home, a plat must be approved and recorded with the County. A plat cannot be approved with the current “SF-1A” zoning that is in place because the platted lot must conform to all underlying zoning regulations and the existing lot size does not meet the minimum lot area that is required in the “SF-1A” zoning district, which is 43,560 square feet, or one acre. The existing lot area is approximately 28,808 square feet, or 0.661 acres. A request for a variance to the minimum lot area required in the “SF-1A” zoning district was denied by the Zoning Board of Adjustment on November 13, 2014, so the applicant is now requesting a zoning change to the “SF-20A” Single Family Residential District, which requires a If Ordinance No. 483-P (Item 6M) is minimum lot area of 20,000 square feet. nd approved at 2 reading on September 1, 2015, the property can be platted without approval of the zoning change and the applicant will withdraw the case. The property was annexed into the City in 1957 and given the “AG” Agricultural zoning designation. A zoning change from “AG” to “A-3” One-Family zoning (Case No. ZA71- 5) was approved June 15, 1971 with an exhibit showing the three tracts abutting Shumaker Ln. as they exist today. The “A-3” zoning in Zoning Ordinance No. 161, which was in effect at the time of rezoning, required a minimum lot size of 10,000 square feet for lots that were not served by City sewer. A plat was never recorded with the County to divide the 2.92 acre parent tract into the three tracts as shown on the exhibit. The existing residence was built in 1971 according to Tarrant Appraisal District. The property was given the “A-3” Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 261-A in 1981. At that time, the minimum lot size for the “A-3” zoning district was changed to 43,560 square feet (one acre). The property was given the “SF-1” Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 334 in 1986. The minimum lot size in the “SF-1” zoning discrict Case No. ZA15-014 was also 43,560 square feet (one acre). The property was given the “SF-1A” Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 480 and the official zoning map in 1989. The minimum lot size for “SF-1A” zoning remained at 43,560 square feet (one acre). The 2030 Land Use designation on the property is Low Density Residential, which requires a net density of one or fewer dwelling units per acre. The applicant is requesting to allow the approximately 28,808 square foot (0.661 acre) lot to be rezoned to “SF-20A” while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. VARIANCE REQUESTED: Tree Preservation Ordinance No. 585-D requires a minimum of 60% of the existing tree canopy to be preserved. The applicant is requesting a variance to allow 56% of the existing tree cover to be preserved as shown on the plan. st ACTION NEEDED: Consider 1 reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and support information – Link to PowerPoint (D) Concept Plan Review Summary No. 2, dated April 15, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-693 for Commission and Council Members Only (G) Half Size Plans () STAFF CONTACT: Richard Schell (817) 748-8602 Dennis Killough (817) 748-8072 Case No. ZA15-014 BACKGROUND INFORMATION OWNER: Adam and Wanda Jaberi APPLICANT: Charles G. Starnes PROPERTY SITUATION: 1860 Sunshine Ln. LEGAL DESCRIPTION: Tract 3A1F5, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “ SF-1A” – Single Family Residential District HISTORY: - The property was annexed into the City in 1957 and given the “AG” Agricultural zoning designation. - A zoning change from AG to A-3 One-Family zoning (Case No. ZA71-5) was approved June 15, 1971 with an exhibit showing the three tracts as they exist today. The A-3 zoning in Zoning Ordinance No. 161, which was in effect at the time of rezoning, required a minimum lot size of 10,000 square feet for lots that were not served by City sewer. A plat was never recorded with the County to divide the 2.92 acre parent tract into the three tracts as shown on the exhibit. - The existing residence was built in 1971 according to Tarrant Appraisal District. - The property was given the A-3 Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 261-A in 1981. The minimum lot size for A-3 zoning was changed to 43,560 square feet (one acre). - The property was given the SF-1 Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 334 in 1986. The minimum lot size for SF-1 zoning was also 43,560 square feet (one acre). - The property was given the SF-1A Single Family Residential zoning designation with the adoption of Zoning Ordinance No. 480 and the official zoning map in 1989. The minimum lot size for SF-1A zoning remained 43,560 square feet (one acre). - A variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot area of 43,560 square feet and a Variance to Ordinance No. 480, Section 11.5(i), requiring a maximum residential density of one dwelling unit per acre to allow a lot size of approximately 0.68 acres and an overall residential density of 1.368 dwelling units per acre were denied by the Zoning Board of Adjustment on November 13, 2014. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan shows future sidewalks < 8’ on both sides of Sunshine Ln. The property is exempt from providing a 4’ sidewalk along both street frontages since it is being platted as a single lot of record and there are not sidewalks on both sides of the lot or a school within 1,500 feet on the same side of the street. WATER & SEWER: The site will be serviced by a 6” water line in Sunshine Lane and an 8” water line and an 8” sewer line in Shumaker Lane. TREE PRESERVATION: There is approximately 36% existing tree canopy cover on the site. The Tree Preservation Ordinance requires a minimum of 60% of the existing tree canopy Case No. Attachment A ZA15-014 Page 1 to be preserved if the site has 20.1% to 40% existing tree cover. The Tree Conservation Plan shows approximately 56% of the existing tree cover to be preserved, so the applicant is requesting a variance to allow the 56% to be preserved as shown on the plan. PLANNING AND ZONING COMMISSION ACTION: April 23, 2015; Approved(5-0)subject to Concept Plan Review Summary No. 2 dated April 15, 2015, also subject to the staff report dated April 17, 2015, granting the variance as requested with respect to the Tree Preservation Ordinance, and also making a specific finding for the record that we are not making any change to the Land Use Plan and also stipulating that this lot will be developed as a single lot and that it will not have any further subdivision. st CITY COUNCIL ACTION: May 5, 2015; Administratively tabled on consent at 1 reading to the May 19, 2015 meeting. st May 19, 2015; Tabled at 1 reading to the September 1, 2015 meeting. STAFF COMMENTS: Concept Plan Review Summary No. 2 dated April 15, 2015 is attached. Case No. Attachment A ZA15-014 Page 2 Case No. Attachment B ZA15-014 Page 1 CONCEPT/TREE CONSERVATION PLAN Case No. Attachment C ZA15-014 Page 1 EXISTING SURVEY Case No. Attachment C ZA15-014 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA15-014Two04/15/15 Case No.: Review No.: Date of Review: Concept Plan Project Name: – 1860 Sunshine Lane APPLICANT: Charles Starnes OWNER: Adam and Wanda Joberi CE-TEX, Inc. 204 W. Nash St. 3309 Lexington Ave. Grapevine, TX 76051 Grapevine, TX 76051 Phone: (817) 366-6955 Phone: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/01/15 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT RICHARD SCHELL AT (817) 748-8602. 1. The Tree Conservation Plan indicates that 60% of the existing tree cover is required to be preserved and approximately 56% is shown to be preserved. The applicant is requesting a variance to allow 56% of the existing tree cover to be preserved. 2. Provide a small scale location map. 3. Label and Dimension the full width of the right of way from the property corners to the platted properties across Sunshine and Shumaker and to the centerlines of Sunshine and Shumaker. Both adjacent streets are local streets with 50’ of right of way. Please see the plats for adjacent properties for examples of how the rights of way should be dimensioned. When Lots 31 and 32, F. Throop , No 1511 Addition were platted to the west across Shumaker, the existing tract boundary was shown to be 21’ from the centerline of Sunshine and additional right of way dedication was required (note: since that plat was filed, the right of way requirement was changed from 60’ to 50’). Please verify that adequate right of way exists or dedicate the required right of way for both adjacent streets. Landscape Administrator Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us TREE CONSERVATION COMMENTS: * Please be aware that all existing trees shown to be preserved on the City Council approved Tree Conservation Plan must be preserved and protected during all phases and construction of the development. Alteration or removal of any of the existing trees shown to be preserved on the approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as approved by the Southlake City Council. Please ensure that the layout of all structures, easements, utilities, structures grading, and any other structure proposed to be constructed do not conflict with existing trees intended to be preserved. Case No. Attachment D ZA15-014 Page 1 Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us No comments based on submitted information. General Informational Comments * Lots platted as a single lot of record are exempt from the Subdivision Ordinance requirement for a sidewalk unless sidewalks are existing on both sides of the lot or the lot is within 1,500 feet of a public or private school and is on the same side of the street. No sidewalk is required for this property on either street frontage. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected concept plan and building plans must be submitted for approval and all required fees must be paid. This may include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * Denotes Informational Comment Case No. Attachment D ZA15-014 Page 2 SURROUNDING PROPERTY OWNERS SPO # Owner Address Acreage Response Banerjee, Subhasis Etux Haiman 1810 E DOVE RD 1.15 NR 1. Webb, David S 1855 E DOVE RD 1.13 2. F Shafi, Mazufer Etux Taherah A 1861 SUNSHINE LN 3.27 3. F Lindamood, Jake W Etux Anne R 1821 SUNSHINE LN 5.62 NR 4. Korol, Matt Etux Theodora 1746 SHUMAKER LN 0.65 NR 5. Berganza, Jose 1890 E DOVE RD 0.73 NR 6. Cosgrove, Sue Ann 1750 SHUMAKER LN 0.68 7. NR Jaberi, Adam A 1860 SUNSHINE LN 0.69 NR 8. Garrett, Louise R 1747 SHUMAKER LN 1.84 NR 9. Meagher, Clifford 1880 E DOVE RD 0.80 NR 10. Meagher, Clifford 1886 E DOVE RD 0.71 NR 11. Vining, Daniel E Etux Paula L 1810 SUNSHINE LN 1.07 12. F Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses Received: Four (4) Case No. Attachment E ZA15-014 Page 1 Case No. Attachment E ZA15-014 Page 2 Case No. Attachment E ZA15-014 Page 3 Case No. Attachment E ZA15-014 Page 4 Case No. Attachment E ZA15-014 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-693 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 3A1F5, FRANCES THROOP SURVEY, ABSTRACT NO. 1511, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 0.661 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-20A” SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “B”, 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 Case No. Attachment F ZA15-014 Page 1 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 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 Case No. Attachment F ZA15-014 Page 2 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 described as Tract 3A1F5, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 0.661 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-20A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following Case No. Attachment F ZA15-014 Page 3 conditions: 1. 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. Case No. Attachment F ZA15-014 Page 4 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 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 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 Case No. Attachment F ZA15-014 Page 5 ordinance in its entirety on the City website 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 it 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. st PASSED AND APPROVED on the 1 reading the ____ day of _____, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ____ day of _____, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA15-014 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-014 Page 7 EXHIBIT “A” Being described as Tract 3A1F5, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, being approximately 0.661 acres, and more fully and completely described below: Case No. Attachment F ZA15-014 Page 8 EXHIBIT “B” Reserved for approved Concept Plan Case No. Attachment F ZA15-014 Page 9