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Item 6D - MemoCase No. ZA23-0034 S T A F F R E P O R T June 13, 2023 CASE NO: ZA23-0034 PROJECT: Zoning Change and Concept Plan for 610 Shady Oaks Drive EXECUTIVE SUMMARY: Courtney Miller and Susan Rowell are requesting approval of a Zoning Change and Concept Plan for 610 Shady Oaks located on a property described as Tract 11A02A, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 610 Shady Oaks Dr., Southlake, Texas. Current Zoning: “AG” Agricultural District. Requested Zoning: “SF-20A” Single Family Residential District. SPIN Neighborhood #6. DETAILS: The property is located northwest of the intersection of Shady Oaks Drive and West Chapel Downs Drive. The purpose of this request is to seek a zoning change and concept plan approval in order to construct a new home on a single tract of land. A Single Lot Plat Showing is currently being processed for the tract. At their May 18th 2023 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 6th, 2023 meeting, the City Council approved the First Reading of the item on Consent (5-0), subject to Staff Report Dated May 30, 2023 and Revised Concept Plan Review Summary No. 1, dated May 12, 2023. 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 (E) Ordinance No. 480-803 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 ZA23-0034 Page 1 BACKGROUND INFORMATION OWNER/APPLICANT: Courtney Miller and Susan Rowell PROPERTY SITUATION: 610 Shady Oaks, Southlake, TX 76092 LEGAL DESCRIPTION: Tract 11A02A, Thomas M Hood Survey Abstract No. 706 LAND USE CATEGORY: Medium Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-20A” Single Family Residential District HISTORY: “AG” Agricultural 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 23-0018) is currently being processed by staff. SOUTHLAKE COMPREHENSIVE PLAN: Consolidated Future Land Use Plan The future land use designation for the site is Medium Density Residential. Purpose and Definition: Purpose: The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. Definition: 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/Semi- Public categories previously discussed. Pathways Master Plan & Sidewalk Plan The Southlake 2035 Mobility Plan under the Pathways Plan, there is a less than 8-foot sidewalk designation proposed on the east side of Shady Oaks Drive. A 5 foot sidewalk currently exists along the frontage of this tract. TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The tract has direct access to Shady Oaks Drive, a 60’ undivided 2-lane collector. A Traffic Impact Analysis (TIA) was not required. TREE PRESERVATION: A Tree Conservation Plan is being processed with the Plat Showing. No trees are planned to be removed. UTILITIES: The site is served by a 6-inch Sanitary Sewer Line and an 8-inch Water Main. CITIZEN INPUT: This project was not heard at SPIN or by the Corridor Planning Committee. Case No. Attachment A ZA23-0034 Page 2 PLANNING AND ZONING COMMISSION: May 18, 2023; APPROVED (4-0), subject to Staff Report dated May 12, 2023 and Revised Concept Plan Review Summary No. 1, dated May 12, 2023. CITY COUNCIL: June 6, 2023; APPROVED ON CONSENT (1ST Reading) STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 1, dated May 12, 2023. Case No. Attachment B ZA23-0034 Page 1 Case No. Attachment C ZA23-0034 Page 1 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA23-0034 Review No.: One Date of Review: 05/12/23 Project Name: Zoning Change and Concept Plan – 610 Shady Oaks APPLICANT: OWNER: Courtney Miller / Susan Rowell Same 610 Shady Oaks Southlake, Texas 76092 Phone: 817-658-8120 Email: sjr0709@hotmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/01/2023 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) 748-8062 OR RROTHENBERGER@CI.SOUTHLAKE.TX.US. Planning Review 1. No Comments Reagan Rothenberger, AICP Planning Manager Phone: (817) 748-8195 E-mail: rrothenberger@ci.southlake.tx.us Case No. Attachment C ZA23-0034 Page 2 Tree Conservation/Landscape Review Please provide a color Tree Conservation which complies with the Tree Conservation Plan submittal requirements of the Tree Preservation Ordinance 585-E. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: A. All individually protected trees B. Existing streams, drainage creeks, ponds, and other water bodies (if any) ii. Tree Survey or alternative to a tree survey iii. 2-foot contour map of the site iv. Protected trees within the tree preservation area including tree size and type v. Critical Root Zones of groups of trees vi. Critical Root Zones for individual trees required for site plans only vii. Boundaries of any tree preservation areas as identified in the ERP Map viii. Identification of areas of environmental constraints not suitable for development ix. Identification of areas of minimal environmental constraints that are suitable for development x. Areas of encroachment into Critical Environmental Features identified on the site xi. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions xii. Stream/Creek buffers, if any xiii. Detailed site plan of all proposed improvements. (All proposed improvements shall be required to be shown only at the site plan stage for all development. Preliminary plats shall, however, show building setbacks and general location of buildings and infrastructure.) xiv. Setbacks, building lines, and buffer yards xv. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application xvi. Such additional information as the Administrative Official may reasonably require given the particular characteristics of the property. 2. Provide on the Tree Conservation Plan the existing tree cover preservation calculations. Existing Tree Cover % Existing Tree Cover To Be Removed % Existing Tree Cover 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 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% Case No. Attachment C ZA23-0034 Page 3 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. Keith Martin Landscape Administrator Phone: (817) 748-8229 E-mail: kmartin@ci.southlake.tx.us * Indicates informational comment. # Indicates required items comment. Case No. Attachment C ZA23-0034 Page 4 Public Works/Engineering Review GENERAL COMMENTS: 1. An Engineered grading and drainage plan will be required with the plat submittal, and/or for a new residential building permit. Sandy Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us 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 * 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. * The applicant should be aware that prior to issuance of a building permit a Plat that conforms to the underlying zoning of the site must be processed and filed in the County Plat Records, a fully corrected site 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. * Denotes Informational Comment Case No. Attachment D ZA23-0034 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 HOA OF SHADY OAKS INC RPUD 724 SHADY OAKS DR 0.009091477 NR 2 AREPALLI KASHI, VISHWESHER RPUD 701 GLEN ABBEY DR 0.099360202 NR 3 SOWIN, GISELLA L RPUD 705 GLEN ABBEY DR 0.13412355 NR 4 HOA OF SHADY OAKS INC RPUD 709 GLEN ABBEY DR 0.046402043 NR 5 CARROLL, ISD CS 801 SHADY OAKS DR 0.358978752 NR 6 ALTAMIRANO, MELISA VIRGINIA SF20A 630 SHADY OAKS DR 0.526435521 NR 7 CURRENT OWNER SF20A 602 LOVING CT 0.329694556 NR 8 SCHERER, HUGH C AG 620 SHADY OAKS DR 0.662117488 NR 9 WRIGHT, TIMOTHY AG 587 SHADY OAKS DR 0.675946237 NR 10 COSTIN, JERRY SF20A 600 LOVING CT 0.451225104 NR 11 POSPISIL, MARK SF20A 601 LOVING CT 0.478038701 NR 12 JUNG, TERI F AG 600 SHADY OAKS DR 0.985421634 NR 13 BRETT, BRIAN E SF20A 603 LOVING CT 0.001274408 NR 14 MITTELSTET, CALEB SF20A 432 CHAPEL DOWNS CT 0.091361073 NR 15 LUCAS, JAMES C AG 585 SHADY OAKS DR 0.192148545 NR 16 QUALLS, CHRISTOPHER SF20A 604 LLANO CT 0.053238165 NR 17 KADALBAL, PRAMOD SF20A 602 LLANO CT 0.056126472 NR 18 LANUZA, CELESTE SF20A 600 LLANO CT 0.02365302 NR 19 JOSE, NIDHISH SF20A 608 LLANO CT 0.453355246 NR Case No. Attachment D ZA23-0034 Page 2 20 DOUGLAS REESE AND CARIANE REES SF20A 606 LLANO CT 0.45719951 NR 21 SIEBACH, BENJAMIN SF20A 604 LOVING CT 0.488849651 NR 22 ANDERSON, JAMES SF30 583 SHADY OAKS DR 0.976646998 NR 1000 MILLER, COURTNEY AG 610 SHADY OAKS DR 0.504094544 NR Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-three (23) Responses Received within 300’: In Favor: Opposed: Undecided: Case No. Attachment D ZA23-0034 Page 3 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 6/12/2023 Case No. Attachment E ZA23-0034 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-803 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 11A02A, THOMAS M HOOD SURVEY ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, 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” SINGLE Case No. Attachment E ZA23-0034 Page 2 AGRICULTURAL 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 ZA23-0034 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 Tract 11A02A, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, from “AG” Agricultural District to “SF-20A” Single Family Residential District, as depicted on the approved Concept Plan Case No. Attachment E ZA23-0034 Page 4 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 ZA23-0034 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 ZA23-0034 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 ZA23-0034 Page 7 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA23-0034 Page 8 EXHIBIT “A” Tract 11A02A, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, and located at 610 Shady Oaks Drive, Southlake, Texas. Case No. Attachment E ZA23-0034 Page 9 EXHIBIT “B”