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Item 6HCase No. ZA21-0089 S T A F F R E P O R T November 30, 2021 CASE NO: ZA21-0089 PROJECT: Zoning Change and Concept Plan for 1049 Shady Oaks Drive EXECUTIVE SUMMARY: Blake Kendrick is requesting 2nd Reading approval of a Zoning Change and Concept Plan on property being described as Tract 8A3, Thomas M. Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, and located at 1049 Shady Oaks Drive, Southlake, Texas. Current Zoning: “AG” Agricultural District. Proposed Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #7. DETAILS: The property is located approximately 455 feet south of the intersection of Shady Oaks Drive and W. Highland Street. The purpose of this request is to seek approval of a zoning change and concept plan for the construction of one residence on approximately a 1.44-acre lot in conformance with the proposed “SF-1A” zoning. Concept Data Summary Land Use Designation Low Density Residential Existing Zoning “AG” Proposed Zoning “SF-1A” Gross Acreage 1.44 acres # of Residential Lots 1 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider 2nd reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plan Review Summary No. #3, dated November 9, 2021 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-789 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Plans STAFF CONTACT: Ken Baker (817) 748-8067 Patty Moos (817) 748-8269 Case No. Attachment A ZA21-0089 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Blake Kendrick PROPERTY SITUATION: 1049 Shady Oaks Drive, Southlake, Texas LEGAL DESCRIPTION: Tract 8A3, Thomas M. Hood Survey Abstract No. 706, Southlake, Texas LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. PROPOSED ZONING: “SF-1A” Single Family Residential District. HISTORY: The “AG” Agricultural District zoning designation was approved with the adoption of the Zoning Ordinance No. 480 and the official zoning map on September 19, 1989. The existing house was demolished in April 2020. SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is “Low Density Residential”. The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single-family residential development that promotes the openness and rural character of Southlake. Definition: The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all rights-of-way, easement, and lots designated for public or private streets. Other suitable activities are those permitted in the Public Parks/Open Space and Public/Semi-Public categories. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows Shady Oaks Drive to be a 2-lane 60-foot undivided collector roadway. Pathways Master Plan & Sidewalk Plan The Master Pathways Plan shows a priority segment for an eight (8) foot or greater multi-use trail from Love Henry Ct. to W. Highland St. on the east Case No. Attachment A ZA21-0089 Page 2 side of Shady Oaks Dr. The typical sidewalk requirement with the development of one single family lot is a five (5) foot sidewalk. The property owner has the option to install the 8-foot multi-use trail and the City will reimburse the property owner for the 3-foot width difference or the property owner may escrow the funds for the cost of a five (5) foot sidewalk and the City will construct the eight (8) foot multi-use trail with the future improvements to Shady Oaks Dr. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions Shady Oaks Dr. is currently constructed as an approximately 20’ wide two- lane road with a speed limit of 30 mph. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. One home is proposed to be built on one residential lot. TREE PRESERVATION/ LANDSCAPE: The existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. UTILITIES: There is an existing 12” water line along Shady Oaks Drive. Currently, there is no sewer available to the property and will require an on-site sewage facility. DRAINAGE: The property generally drains west to east. CITIZEN INPUT: A SPIN meeting has not been scheduled for this property. PLANNING AND ZONING COMMISSION: November 4, 2021; Approved (6-0) subject to the Staff Report dated November 3, 2021 revised; and Review Summary No. #2, dated October 29, 2021; and subject to Ordinance No. 480-789. CITY COUNCIL: November 16, 2021; Approved at 1st Reading on the Consent Agenda (7-0). STAFF COMMENTS: Attached is Review Summary No. #3, dated November 9, 2021. N:\Community Development\MEMO\2021 Cases\0089 - ZCP - 1049 Shady Oaks Dr Case No. Attachment B ZA21-0089 Page 1 Case No. Attachment C ZA21-0089 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA21-0089 Review No.: Three Date of Review: 11/9/21 Project Name: Zoning Change and Concept Plan – 1049 Shady Oaks Drive APPLICANT: OWNER: Blake Kendrick Blake Kendrick 101 Welford Lane 101 Welford Lane Southlake, TX 76092 Southlake, TX 76092 Phone: 214-909-1485 Phone: 214-909-1485 Email: 1049shadyoaks@gmail.com Email: 1049shadyoaks@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/8/2021 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 THE APPROPRIATE STAFF MEMBER. Planning Review Patty Moos Planner I Phone: (817) 748-8269 Email: pmoos@ci.southlake.tx.us Note: The property does not have access to public sewer and will require a septic system. Location of any on-site facilities for liquid and solid waste temporary storage pending disposal or any proposed septic fields. Tree Conservation/Landscape Review Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us * The preservation of existing tree cover complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. There is 64.9% of existing tree cover and a minimum of 40% is required to be preserved. A maximum of 15.7% is proposed to be removed, and 84.3% of the existing tree cover is proposed to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Case No. Attachment C ZA21-0089 Page 2 Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of-way as approved by City Council. * 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. * Indicates informational comment. # Indicates required items comment. __________________________________________________________________________ Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: 817-748-8033 Email: sendy@ci.southlake.tx.us GENERAL COMMENTS: * Shady Oaks Drive shall have a 30’ half street right-of-way section. Please be aware that additional right-of-way may be required to be dedicated to allow for the 30’ half street section. DRAINAGE COMMENTS: * The drainage ordinance requires that an easement with sufficient width to contain the 100-year storm plus one foot of freeboard be dedicated to the city. Please be aware that a drainage easement for the existing creek that follows the requirements of the City’s drainage ordinance may be required to be dedicated on the Plat. INFORMATIONAL COMMENTS: * Submit 22”x34” civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City’s website: http://www.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: Case No. Attachment C ZA21-0089 Page 3 https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. * NEW REQUIREMENT: Submit with Civil Construction Plans a Retaining Wall Layout sheet. * Retaining walls greater than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A Developer Agreement will be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer’s Agreement on the City Council agenda for consideration. *=Denotes informational comment that don’t need to be addressed until Civil Construction Submittals. _________________________________________________________________________________ Fire Department Review Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: No comments based on submitted information. ______________________________________________________________________________ General Informational Comments * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. 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, landscape plan, irrigation 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. Case No. Attachment C ZA21-0089 Page 4 * Denotes Informational Comment Case No. Attachment D ZA21-0089 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1. SCHAU, DAN SF20A 1021 BERKSHIRE RD 0.49 NR 2. STUBBINS THOMAS FENTON SF20A 1013 BERKSHIRE RD 0.49 NR 3. SMITH, ANDREW SF20A 1017 BERKSHIRE RD 0.47 NR 4. LANE, KEVIN SF20A 1005 BERKSHIRE RD 0.55 NR 5. BOKTOR, MOHEB SF20A 1009 BERKSHIRE RD 0.53 NR 6. ALAM, UMME SF20A 700 ROCHESTER LN 0.60 NR 7. WARE, DEMARCUS SF20A 704 ROCHESTER LN 0.50 NR 8. KEENE, J RANDALL SF1-A 525 W HIGHLAND ST 4.95 NR 9. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.95 NR 10. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.81 NR 11. CARROLL, ISD CS 1001 SHADY OAKS DR 29.21 NR 12. SPIEGELMAN, PAUL SF1-A 545 W HIGHLAND ST 4.78 NR 13. FLEPS, JOHN J AG 601 W HIGHLAND ST 0.91 NR 14. AILENI, JAGADEESHWAR SF20A 1100 SHADY OAKS DR 0.72 NR 15. KEMINS, ROBERT A AG 605 W HIGHLAND ST 0.51 NR 16. BOBROWSKI, ROBERT SF20A 1001 BERKSHIRE RD 0.53 NR 17. HMO ASSOC OF SHADY OAKS INC SF20A 600 SHERWOOD DR 0.35 NR 18. REVOCABLE TRUST OF MICHAEL J R SF20A 1016 BERKSHIRE RD 0.47 NR 19. CHI-TOWN LIVING TRUST DATED DE SF20A 1012 BERKSHIRE RD 0.51 NR 20. TAYLOR CASEY AND ANIKA TAYLOR SF20A 1008 BERKSHIRE RD 0.47 NR 21. PETERSON, STEVEN SF1-A 1029 SHADY OAKS DR 1.35 NR Case No. Attachment D ZA21-0089 Page 2 22. KENDRICK, BLAKE AG 1049 SHADY OAKS DR 1.44 NR 23. RUNYAN, BILLY W AG 979 SHADY OAKS DR 0.95 NR 24. Supt of Carroll ISD NR 25. Supt of Grapevine Colleyville ISD NR 26. Supt of Northwest ISD NR 27. Supt of Keller ISD NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-four (24) Responses Received within 200’: In Favor: 0 Opposed: 0 Undecided: 0 No Response: 24 Case No. Attachment E ZA21-0089 Page 1 SURROUNDING PROPERTY OWNERS RESPONSES No responses received to date Case No. Attachment F ZA21-0089 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-789 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 8A3, THOMAS M. HOOD SURVEY ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.44 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY RESIDENTIAL DISTRICT, AS DEPICTED ON THE APPROVED SITE 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 District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment F ZA21-0089 Page 2 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 and 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 those who bought or improved property with reference to the classification which existed Case No. Attachment F ZA21-0089 Page 3 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 8A3, Thomas M. Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas being approximately 1.44 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: Case No. Attachment F ZA21-0089 Page 4 City Council: 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, Case No. Attachment F ZA21-0089 Page 5 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 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, Case No. Attachment F ZA21-0089 Page 6 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 _____, 2021. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2021. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA21-0089 Page 7 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA21-0089 Page 1 EXHIBIT “A” Reserved for Property Description Case No. Attachment F ZA21-0089 Page 1 EXHIBIT “B” Reserved for approved Site Plan