Item 7A13 CITY OF
S0UTHLA1<4.,E
Department of Planning & Development Services
STAFF REPORT
October 31, 2017
CASE NO: ZA17-076
PROJECT: Zoning Change and Development Plan for 501 Fox Glenn
EXECUTIVE
SUMMARY: Venado Construction is requesting 1St reading 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 1St reading 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 -1 B", "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
Case No.
ZA17-076
side setbacks than the 20' setback required in the "SF -1A" district.
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
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"
"SFAA"
"R -PUD" Regulations
Max. Height
35' and 2'/z stories
35' and 2'/z stories
35' and 2'/z stories
Front Yard
35'
40'
40
Side Yard
15'
20'
12' and 14.9'
Rear Yard(35'
on 401'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: Consider 1s' reading 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
Half Size Plans (for Commission and Council members only)
Case No.
ZA17-076
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.
ZA17-076
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.
Case No.
ZA17-076
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.
Attachment A
Page 1
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.
PLANNING AND ZONING
COMMISSION ACTION: October 19, 2017; Approved (6-0) subject to the staff report dated
October 19, 2017 and Development Plan Review Summary No. 2, dated
October 12, 2017.
STAFF COMMENTS: Attached is Development Plan Review Summary No. 2, dated October
12, 2017.
Case No. Attachment A
ZA17-076 Page 2
Case No.
ZA17-076
Attachment B
Page 1
Case No.: ZA17-076
DEVELOPMENT PLAN REVIEW SUMMARY
Review No.: Two
Project Name: Development Plan — Lot 10, Block 1, Fox Hollow
APPLICANT: Clint Hart
Venado Construction
5301 Pleasant Run Rd.
Phone: (817) 692-2512
E-mail: clint(a)venadoconstruction.com
Date of Review: 10/12/17
OWNER: James and Valerie Noblitt
501 Fox Glenn
Southlake, TX 76092
Phone:
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 C
ZA17-076 Page 1
SURROUNDING PROPERTY OWNERS MAP & RESPONSES
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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 1
19.
TUCKER, VON D
1530 RAVENAUX CT
SF1-A
1.11
NR
20.
FOX HOLLOW OFFICE LP
395 W SH 114
01
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
SPI
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 D
ZA17-076 Page 2
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 1
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 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
Case No. Attachment E
ZA17-076 Page 2
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 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:
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 3
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:
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.
14:1411L61MBi
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
Case No. Attachment E
ZA17-076 Page 4
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 affected by this ordinance
Case No. Attachment E
ZA17-076 Page 5
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 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 , 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 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA17-076 Page 7
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 8
EXHIBIT "B"
Reserved for approved plans
Case No. Attachment E
ZA17-076 Page 9