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Item 12Case No. ZA17-076 S T A F F R E P O R T October 13, 2017 CASE NO: ZA17-076 PROJECT: Zoning Change and Development Plan for 501 Fox Glenn EXECUTIVE SUMMARY: Venado Construction is requesting approval of a Zoning Change and Development Plan for 501 Fox Glenn on property described as Lot 10, Block 1, Fox Hollow, an addition to the City of Southlake, Tarrant County, Texas and located at 501 Fox Glenn. Current Zoning: “SF-20A” Single Family Residential District. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #5. DETAILS: This property is located at the end of Fox Glenn approximately 1,150 east of the intersection with Shady Oaks Dr. The vacant tracts to the east of the subject property are City owned properties zoned “AG” Agricultural District. The property to the north is zoned “O-1" Office District and there is an approximately 5,906 square foot single-story office building on that lot. The purpose of this request is to seek approval of a Zoning Change and Development Plan from “SF-20A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District to allow construction of an approximately 1,100 square foot family quarters in an addition to an existing two car garage. The requested “R-PUD” zoning proposes the “SF-1A” Single Family Residential District as the base zoning, with regulations proposed to allow a side setback of 14.9’ (existing) on the southwest property line and 12’ on the north property line, an accessory building area not to exceed 4% of the lot area and also to allow an approximately 1,100 square foot family quarters as a permitted use. A servants or family quarters typically requires approval of a Special Exception Use (SEU) by the Zoning Board of Adjustment. However, the SEU is not permitted in the “SF-20A” district, but only in zoning districts with a greater minimum lot area requirement (“SF-30”, “SF-1A”, “SF-1B”, “SF-2”, etc.). The subject property is approximately 1.1 acres in size, which meets the minimum one acre minimum lot area requirement of the “SF-1A” zoning district. The “SF-1A” district also states that the sum total of accessory buildings shall not exceed 3% of the lot area. The Zoning Board of Adjustment can approve an SEU to allow the sum total of accessory buildings to exceed the size permitted in the district. To avoid having to go to the Zoning Board of Adjustment separately for approval of the family quarters and to allow the sum total of accessory buildings to exceed 3% of the lot area, the applicant is proposing the family quarters as a permitted use in the “R-PUD” district and a regulation has been added to allow the sum total of accessory buildings to not exceed 4% of the lot area. The request for the “R-PUD” allows the applicant to propose lesser Department of Planning & Development Services Case No. ZA17-076 side setbacks than the 20’ setback required in the “SF-1A” district. Site Data Summary 501 Fox Glenn Existing Zoning “SF-20A Proposed Zoning “R-PUD” Land Use Designation Medium Density Residential Gross/Net Acreage 1.01 ac. Residential Lots 1 Gross Density .99 du/ac. Net Density .99 du/ac. A comparison of the proposed “R-PUD” regulations to the existing “SF-20A” Single Family Residential District zoning and the “SF-1A” Single Family Residential base zoning is below: Regulation “SF-20A” “SF-1A” “R-PUD” Regulations Max. Height 35’ and 2½ stories 35’ and 2½ stories 35’ and 2½ stories Front Yard 35’ 40’ 40 Side Yard 15’ 20’ 12’ and 14.9’ Rear Yard 40’ (35’ on cul-de-sac) 40’ 40’ Max. Lot Coverage 30% 20% 20% Min. Lot Area 20,000 s.f. 43,560 s.f. 43,560 s.f. Min. Lot Width 100’ 100’ 100’ Min. Lot Depth 125’ 125’ 125’ Min. Floor Area 1,800 s.f. 2,000 s.f. 2,000 s.f. Max. Gross Density 2.18 du/ac. 1.0 du/ac. 0.99 du/ac. Accessory Area 600 s.f. 3% or 4,000 s.f. 4% ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 2, dated October 12, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-732 Case No. ZA17-076 Half Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to “R-PUD” Regulations Link to Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA17-076 Page 1 BACKGROUND INFORMATION OWNER: James and Valerie Noblitt APPLICANT: Venado Construction – Clint Hart PROPERTY SITUATION: 501 Fox Glenn LEGAL DESCRIPTION: Lot 10, Block 1, Fox Hollow LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “SF-20A” – Agricultural District PROPOSED ZONING: “R-PUD” – Residential Planned Unit Development District HISTORY: - The property was annexed into the City in 1956 and given the “AG” Agricultural District zoning designation. - A Zoning Change and Concept Plan (ZA96-022) and a Preliminary Plat (ZA96-023) for the Fox Hollow subdivision was approved April 2, 1996. - A Final Plat (ZA96-042) for Lots 1-19, Block 1, Fox Hollow with 18 residential lots and one lot with “O-1” Office District zoning was approved May 9, 1996 and filed July 5, 1996. - The existing house on the property with approximately 4,000 square feet of floor area was constructed in 1997 (source: Building Permit). - The existing two car garage on the property with approximately 600 square feet of floor area was constructed in 2001 (source: Building Permit). SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Medium Density Residential. The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are those permitted in the Public Parks/Open Space and Public/SemiPublic categories. The proposed development is consistent with the Medium Density Residential designation. Mobility & Master Thoroughfare Plan The Master Thoroughfare Plan shows Fox Hollow as local street. Pathways Master Plan & Sidewalk Plan The property is not being replatted, so there is no sidewalk requirement. Case No. Attachment A ZA17-076 Page 2 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The property is located on Fox Glenn, which is a local street with 50’ of right of way. Adequate right of way was dedicated with the original plat for Fox Hollow. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. There is an existing single family home on the property. An 1,100 square foot family quarters in an addition to an existing two car garage is proposed. TREE PRESERVATION: Because the owner occupies this property as a homestead, the Tree Preservation Ordinance does not regulate the preservation of trees on this property. UTILITIES: A 6” water line and a 6” sewer line exist in Fox Glenn to serve the property. DRAINAGE: Drainage on the property is generally sheet flow from northwest to southeast to the rear of the property. A drainage plan will be required with construction of the proposed addition. CITIZEN INPUT: A SPIN meeting was not held for this project. STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated October 12, 2017. Case No. Attachment B ZA17-076 Page 1 Case No. Attachment C ZA17-076 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA17-076 Review No.: Two Date of Review: 10/12/17 Project Name: Development Plan – Lot 10, Block 1, Fox Hollow APPLICANT: Clint Hart OWNER: James and Valerie Noblitt Venado Construction 5301 Pleasant Run Rd. 501 Fox Glenn Southlake, TX 76092 Phone: (817) 692-2512 Phone: E-mail: clint@venadoconstruction.com Fax: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 10/02/17 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. A minimum of 10% common open space must be must be provided in an R-PUD. In R-PUDs with four or fewer lots, the required common open space may be in perpetual conservation or tree preservation easements as defined and approved in the ordinance creating the R-PUD. A 65’ by 70’ conservation easement is shown at the southeast corner of the lot, but it is not shown to scale. Please show the conservation easement to scale on the Development Plan. 2. Place the City case number “ZA17-076" in the lower right corner for ease of reference. Tree Conservation/Landscape Review TREE CONSERVATON COMMENTS: * Because the owner occupies this property as a homestead the Tree Preservation Ordinance does not regulate the preservation of trees on this property. * Indicates informational comment. # Indicates required items comment. General Informational Comments * 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 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 ZA17-076 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES # Owner Property Address Zoning Ac Response 1. NGUYEN, LINH P 502 FOX GLENN SF20A 0.49 NR 2. MASSON, AUDRIA 504 FOX GLENN SF20A 0.46 NR 3. RYON, ROSS 506 FOX GLENN SF20A 0.45 NR 4. BARRON, ELIZA S K 508 FOX GLENN SF20A 0.45 NR 5. SILAGY, MARK J 510 FOX GLENN SF20A 0.44 NR 6. VAUGHN, ELIZABETH H 512 FOX GLENN SF20A 0.45 NR 7. AGHILI, HADY 514 FOX GLENN SF20A 0.44 NR 8. WAGNER FAMILY LIVING TRUST 519 FOX GLENN SF20A 0.93 NR 9. BOECK, CLAUDINE 517 FOX GLENN SF20A 0.98 NR 10. NOBLITT, JAMES M 501 FOX GLENN SF20A 1.10 NR 11. GRUE, RICHARD A 515 FOX GLENN SF20A 0.67 NR 12. TIFFENBERG, IRA 505 FOX GLENN SF20A 0.67 NR 13. PHAM, NHAT-LONG 507 FOX GLENN SF20A 0.65 NR 14. ZVONECEK, BRIAN 513 FOX GLENN SF20A 0.65 NR 15. SPEIER, JONATHAN 509 FOX GLENN SF20A 0.68 NR 16. JOHNSON, MITCHELL 503 FOX GLENN SF20A 0.63 NR 17. VISOSKY, MARK 511 FOX GLENN SF20A 0.66 NR 18. CHARRON, JASON 1515 RAVENAUX CT SF1-A 1.06 NR Case No. Attachment D ZA17-076 Page 2 19. TUCKER, VON D 1530 RAVENAUX CT SF1-A 1.11 NR 20. FOX HOLLOW OFFICE LP 395 W SH 114 O1 1.08 NR 21. SOUTHLAKE, CITY OF 301 W SH 114 AG 2.75 NR 22. SOUTHLAKE, CITY OF W SH 114 AG 0.27 NR 23. MILLER, DELANO M 516 FOX GLENN SF20A 0.64 NR 24. COUNTRYSIDE BIBLE CHURCH 250 COUNTRYSIDE CT SP1 19.69 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twenty-two (22) Responses Received within 200’ and platted subdivision: None (0) Case No. Attachment E ZA17-076 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-732 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 LOT 10, BLOCK 1, FOX HOLLOW, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.01 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-20A” SINGLE FAMILY RESIDENTIAL TO “R- PUD” RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT AS DEPICTED ON THE APPROVED DEVELOPMENT 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 “SF-20A” Single Case No. Attachment E ZA17-076 Page 2 Family Residential 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 pe destrians 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 neighbor hood; 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 p ublic 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 Case No. Attachment E ZA17-076 Page 3 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, 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 reques ted 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: Case No. Attachment E ZA17-076 Page 4 Being described as Lot 10, Block 1, Fox Hollow, an addition to the City of Southlake, Tarrant County, Texas being approximately 1.01 acres, and more fully and completely described in Exhibit “A” from “SF-20A” Single Family Residential District to “R-PUD” Residential Planned Unit Development District as depicted on the approved Development Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following 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 h ealth, 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 Case No. Attachment E ZA17-076 Page 5 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. 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 affecte d by this ordinance Case No. Attachment E ZA17-076 Page 6 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 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 th e 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 _____, 2017. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _____, 2017. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment E ZA17-076 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-076 Page 8 EXHIBIT “A” Being described as Lot 10, Block 1, Fox Hollow, an addition to the City of Southlake, Tarrant County, Texas according to the plat filed in Cabinet A, Slide 2969, Plat Records, Tarrant County, Texas and being approximately 1.01 acres. Case No. Attachment E ZA17-076 Page 9 EXHIBIT “B”