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Item 6C - MemoCase No. ZA23-0025 S T A F F R E P O R T June 13, 2023 CASE NO: ZA23-0025 PROJECT: Zoning Change and Concept Plan for 610 Byron Nelson Parkway EXECUTIVE SUMMARY: Deena Powers is requesting approval of a Zoning Change and Concept Plan for 610 Byron Nelson Parkway on property described as Lot 4, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 610 Byron Nelson Parkway, Southlake, Texas. Current Zoning: “SF-20B” Single Family Residential District. Requested Zoning: “SF-30” Single Family Residential District. SPIN Neighborhood #9. DETAILS: The property is located southwest of the intersection of Byron Nelson Parkway and Northwood Trail. The purpose of this request is to seek a zoning change and concept plan approval in order to request a Special Exception Use for a detached Domestic Employee or Family Quarters from the Zoning Board of Adjustment. Such a request is not permitted to be made in “SF-20B or A” zoning districts. The characteristics of the lot meet the requested “SF-30” Single Family Residential District standards. The applicant proposes no physical changes to the property at this time. Since no changes are proposed, a Survey showing current improvements has been provided to act as the Concept Plan. Though the property currently has a Low Density Residential land use designation, the property is currently zoned “SF-20B” Single Family Residential District. Therefore, the rezoning brings the property closer to conformance with the future land use designation. The lot cannot be zoned “SF-1A” Single Family Residential District as it is .98 acres and does not meet the minimum 1.0 acre lot area. At their May 18, 2023 regular meeting, the Planning and Zoning Commission recommended approval (4-0); subject to Staff Report dated May 12, 2023, and Revised Concept Plan Review Summary No. 1, dated May 12, 2023. At their June 6, 2023, City Council approved the First Reading on Consent. ACTION NEEDED: 1) Hold a Public Hearing 2) Consider 2nd Reading Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Revised Concept Plan Review Summary No. 1, dated May 12, 2023 (D) Surrounding Property Owners Map and Responses Case No. ZA23-0025 (E) Ordinance No. 480-800 Full Size Plans (for Commission and Council members only) PowerPoint Presentation Concept Plan STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0025 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Deena Powers PROPERTY SITUATION: 610 Byron Nelson Parkway, Southlake, TX 76092 LEGAL DESCRIPTION: Lot 4, O.W. Knight No. 899 Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “SF-20B” Single Family Residential District PROPOSED ZONING: “SF-30” Single Family Residential District HISTORY: “SF-20B” Single Family Residential District zoning was approved with the adoption of the Zoning Ordinance No 480 and the official Zoning Map on September 19, 1989. A Plat Showing (ZA 93-71) was approved by City Council on October 5, 1993. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Low Density Residential. Purpose and Definition: Purpose: 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 (this definition was updated by passage of Ordinance No. 1186 on February 20, 2018): 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. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The lot has direct access to Byron Nelson Parkway, a four-lane divided arterial. TREE PRESERVATION: No trees are planned to be removed. UTILITIES: The site is served by a 6-inch Sewer Line and an 8-inch Water Main. CITIZEN INPUT: This project was not heard at SPIN or by the Corridor Planning Committee. PLANNING AND ZONING COMMISSION: May 18, 2023; APPROVED (4-0), subject to Staff Report dated May 12, Case No. Attachment A ZA23-0025 Page 2 2023 and Revised Concept Plan Review Summary No. 1, dated May 12, 2023. CITY COUNCIL ACTION: June 6, 2023; APPROVED ON CONSENT STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 1, dated May 12, 2023. Case No. Attachment B ZA23-0025 Page 1 Case No. Attachment C ZA23-0025 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA23-0025 Review No.: One Date of Review: 05/12/23 Project Name: Zoning Change – 610 Shady Oaks APPLICANT: OWNER: Deena M. Powers Same 610 Byron Nelson Southlake, Texas 76092 Phone: 817-233-9101 Email: deenampowersu@yahoo.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/13/2023 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 REAGAN ROTHENBERGER AT (817) 748-8195 OR RROTHENBERGER@CI.SOUTHLAKE.TX.US. Planning Review 1. Place the city case number ZA23-0025 in the lower right corner of all sheets related to the concept plan submittal. * The applicant’s intent to seek a Special Exception Use for a Domestic Employee of Family Quarters within the existing accessory structure is noted. Please be aware that the building may be subject to new building codes and related updates prior to such a potential conversion. It is recommended that the applicant contact Fire Marshal Kelly Clements, who’s contact information is found herein. Reagan Rothenberger, AICP Planning Manager Phone: (817) 748-8195 E-mail: rrothenberger@ci.southlake.tx.us Case No. Attachment C ZA23-0025 Page 2 Tree Conservation/Landscape Review No Comments Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us Public Works/Engineering Review 1. No Comments Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Fire Department Review No comments based on submitted information. Kelly Clements Fire Marshal Phone: (817) 748-8223 E-mail: kclements@ci.southlake.tx.us General Informational Comments * The Development Review Committee (DRC) has determined that this pre-submittal is sufficient for formal consideration by the Planning and Zoning Commission (P&Z). * No review of proposed signs is intended with this plan. A separate building permit is required prior to construction of any signs. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * Denotes Informational Comment Case No. Attachment D ZA23-0025 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 TIMARRON OWNERS ASSN INC RPUD 400 BYRON NELSON PKWY 0.007584083 NR 2 AVILA, BILLY RPUD 505 EVERWOOD CT 0.053300978 NR 3 ANDROSKY, CRYSTAL GRAY RPUD 504 EVERWOOD CT 0.063597888 NR 4 CURRENT OWNER RPUD 613 NORTHWOOD TRL 0.001739137 NR 5 CARLSON, KRISTA LYN RPUD 701 SAXON TRL 0.102006481 NR 6 TIMARRON OWNERS ASSN INC RPUD 601 BYRON NELSON PKWY 0.29567921 NR 7 DAYAL, SANJAY RPUD 620 NORTHWOOD TRL 0.255739617 NR 8 LEE, KYUNG RPUD 618 NORTHWOOD TRL 0.238683997 NR 9 EVANS, MICHELE RPUD 616 NORTHWOOD TRL 0.266483142 NR 10 PANNELL, FELICIA RPUD 622 NORTHWOOD TRL 0.262104604 NR 11 TUTTLE, AILEEN RPUD 614 NORTHWOOD TRL 0.236088766 NR 12 TIMARRON OWNERS ASSN INC RPUD 600 BYRON NELSON PKWY 0.102579951 NR 13 ROBERTS, R L RPUD 612 NORTHWOOD TRL 0.046455172 NR 14 BADKOUBEI, REZA RPUD 703 SAXON TRL 0.137742156 NR 15 BREKHUS, MELVIN AG 280 LILAC LN 1.418654339 NR 16 KAZMIERSKI, R F RPUD 705 SAXON TRL 0.137365738 NR 17 SWENSON, MICHAEL RPUD 707 SAXON TRL 0.246478945 NR 18 RAZAGHI, MOHSEN SF1-A 620 BYRON NELSON PKWY 0.991951988 NR 19 TIMARRON OWNERS ASSN INC RPUD 651 BYRON NELSON PKWY 0.007381647 NR 20 STOPPER, ANNA SF1-A 286 LILAC LN 0.30845829 NR Case No. Attachment D ZA23-0025 Page 2 21 MASON, RICHARD RPUD 602 HEATHERGLEN DR 7.28303E-07 NR 22 TIMARRON OWNERS ASSN INC RPUD 451 BYRON NELSON PKWY 0.206265923 NR 23 HARSTON, BRYAN G RPUD 500 EVERWOOD CT 0.393275756 NR 24 PATTERSON, MARC A RPUD 503 EVERWOOD CT 0.383480894 NR 25 WOODROW, SCOTT P RPUD 502 EVERWOOD CT 0.298817665 NR 26 PETROVICH, ALEXANDER RPUD 611 NORTHWOOD TRL 0.331740351 NR 27 DIXON, MICHAEL E RPUD 700 BRYSON WAY 0.364248398 NR 28 LONG, YANYAN RPUD 610 NORTHWOOD TRL 0.264363305 NR 29 CHERNOVETS, BENJAMIN RPUD 709 SAXON TRL 0.35390074 NR 30 MIANO, THOMAS M RPUD 600 HEATHERGLEN DR 0.362525429 NR 31 BREKHUS, MELVIN G SF2 250 LILAC LN 4.668164968 NR 1000 SCULLION, DEENA POWERS SF20B 610 BYRON NELSON PKWY 0.98062822 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Thirty-Two (32) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment D ZA23-0025 Page 3 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 6/12/2023 Case No. Attachment E ZA23-0025 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-800 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 4, O.W. KNIGHT SURVEY NO. 899 ADDITION, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY .98 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-20B” SINGLE FAMILY RESIDENTIAL DISTRICT TO “SF-30” 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 “SF-20B” SINGLE Case No. Attachment E ZA23-0025 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 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 Case No. Attachment E ZA23-0025 Page 3 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: 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 Lot 4, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, from “SF-20B” Single Family Residential District to “SF-30” Single Family Residential District, as depicted on the approved Concept Case No. Attachment E ZA23-0025 Page 4 Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following conditions: 1. List any 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. 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 E ZA23-0025 Page 5 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. Case No. Attachment E ZA23-0025 Page 6 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 _____, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: ________________________________ Case No. Attachment E ZA23-0025 Page 7 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0025 Page 8 EXHIBIT “A” Lot 4, O.W. Knight No. 899 Addition, an addition to the City of Southlake, Tarrant County, Texas, and located at 610 Byron Nelson Parkway, Southlake, Texas. Case No. Attachment E ZA23-0025 Page 9 EXHIBIT “B”