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Item 6A - Staff ReportCase No. ZA23-0026 S T A F F R E P O R T July 25, 2023 CASE NO: ZA23-0026 PROJECT: Zoning Change and Concept Plan for 1440-1500 Shady Oaks Drive EXECUTIVE SUMMARY: Todd Hickson, on behalf of Lenna Summy is requesting approval of a Zoning Change and Concept Plan for 1440-1500 Shady Oaks located on property described as Lot 20, T. M. Hood #706 Addition, and Tracts 2E, 2E01, and 2E02, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas and located at 1440 - 1500 Shady Oaks Dr., Southlake, Texas. Current Zoning: “AG” Agricultural District and “SF-1A” Single Family Residential District. Requested Zoning: “SF-1A” Single Family Residential District. SPIN Neighborhood #5. 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 allow for the re-platting of land. The owner of the three tracts also owns 1500 Shady Oaks Drive, a platted lot. The owner desires to plat all three tracts into one lot along with 1500 Shady Oaks Drive. In order to do so, the zoning must be congruent with the existing zoning of 1500 Shady Oaks Drive. The applicant also proposes a concept plan for the potential expansion of the existing home. At their June 8, 2023 meeting, the Planning and Zoning Commission recommended approval (6-0), subject to Staff Report dated June 2, 2023, and Revised Concept Plan Review Summary No. 1 dated May 12, 2023. At the June 20, 2023 City Council meeting, the City Council approved the item (Consent), subject to Staff Report dated June 13, 2023 and Revised Concept Plan Review Summary No. 1, dated May 12, 2023. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated July 25, 2023 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-801 Full Size Plans (for Commission and Council members only) Presentation Concept Plan Case No. ZA23-0026 STAFF CONTACT: Reagan Rothenberger (817) 748-8602 Dennis Killough (817) 748-8072 Case No. Attachment A ZA23-0026 Page 1 BACKGROUND INFORMATION OWNER: Lenna Summy APPLICANT: Todd Hickson PROPERTY SITUATION: 1440-1500 Shady Oaks Drive, Southlake, TX 76092 LEGAL DESCRIPTION: Lot 20, T. M. Hood #706 Addition, and Tracts 2E, 2E01, and 2E02, Thomas M Hood Survey Abstract No. 706 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single Family Residential District PROPOSED ZONING: “SF-1A” 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. 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: 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. Pathways Master Plan & Sidewalk Plan Per the Southlake 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 minimum 5-foot sidewalk will be required upon platting. 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: No tree preservation plan will be provided at permitting of any future Case No. Attachment A ZA23-0026 Page 2 addition to the home. 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. PLANNING AND ZONING COMMISSION AGENDA: June 8, 2023; APPROVED (6-0), subject to Staff Report dated June 2, 2023, and Revised Concept Plan Review Summary No. 1 dated May 12, 2023. CITY COUNCIL ACTION: June 20, 2023; APPROVED (Consent), subject to Staff Report Dated June 13, 2023, and Revised Concept Plan Review Summary No. 1 dated May 12, 2023. STAFF COMMENTS: Attached is Revised Concept Plan Review Summary No. 1, dated May 12, 2023. Case No. Attachment B ZA23-0026 Page 1 Case No. Attachment C ZA23-0026 Page 2 REVISED CONCEPT PLAN REVIEW SUMMARY Case No.: ZA23-0026 Review No.: Two Date of Review: 07/25/23 Project Name: Zoning and Concept Plan – 1440-1500 Shady Oaks APPLICANT: OWNER: Bella Builders Todd Hickson Lenna Summy 6513 Smithfield Rd Suite D, NRH, TX 76182 1500 Shady Oaks Drive, Southlake, TX 76092 Phone: 817-201-5321 Phone: 817-637-2310 Email: todd@bellabuildersdfw.com Email: Lenna_summy@icloud.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/20/2023 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF CONCEPT PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT KATASHA SMITHERS AT (817) 748-8281. 1. A minimum 5’ wide sidewalk is required along the street frontage of Shady Oaks meeting the requirements of Section 5.06 of the Subdivision Ordinance. No. 483, as amended. Informational Comments: * For the purpose of this review, unless otherwise noted, the above comments pertain to the Concept Plan provided. * A Plat Revision will be required after the rezoning of the property and before construction of any addition onto the tracts to the south. Katasha Smithers Principal Planner Phone: (817) 748-8281 ksmithers@ci.southlake.tx.us Tree Conservation/Landscape Review 1. A Tree Conservation Plan conforming to the regulations of the Tree Preservation Ordinance 585-E will be required when a plat is submitted to combine the four properties into one. Information required for Tree Conservation Plan: i. Identification of Critical Environmental Features of the site: Case No. Attachment C ZA23-0026 Page 3 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. 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% 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 Case No. Attachment C ZA23-0026 Page 4 conflict with existing trees intended to be preserved. * Indicates informational comment. # Indicates required items comment. E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Public Works/Engineering Review No comments. Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us Case No. Attachment C ZA23-0026 Page 5 Fire Department Review No comments based on submitted information. Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us General Informational Comments * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above. * 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 ZA23-0026 Page 1 SURROUNDING PROPERTY OWNERS MAP SPO # Owner Zoning Physical Address Acreage Response 1 SRG HOLDINGS LLC AG 1600 SHADY OAKS DR 0.060719069 NR 2 CROY, LARRY F AG 1550 SHADY OAKS DR 2.969711897 NR 3 MORRIS, SANDRA J RPUD 1007 TURNBERRY LN 0.006177709 NR 4 FOSTER, WAYNE SF1-A 600 RAVENAUX DR 0.149812024 NR 5 LESLIE, KATRINA RPUD 1005 TURNBERRY LN 0.602621885 NR 6 ETCHESON, DENISE SF1-A 605 RAVENAUX DR 0.794928241 NR 7 RICHARD AND LAURIN BEVAN- THOMA RPUD 1003 TURNBERRY LN 0.638212593 NR 8 WHITE, JEREMY RPUD 1402 THETFORD CT 0.85237446 NR 9 JRSG HOLDINGS LLC SF1-A 1445 SHADY OAKS DR 0.738435193 NR 10 SCOTT AND LAVONDA LANDRUM FAMI RE5 1360 SHADY OAKS DR 3.009093369 NR 11 HANAN MARTY & PEGGY REVOCABLE RPUD 1400 THETFORD CT 0.713385679 NR 12 ROBISON, JAMES RPUD 1401 THETFORD CT 1.16149E-05 NR 13 SMART GST EXEMPT RESIDUARY TRU SF1-A 1391 SHADY OAKS DR 0.20900456 NR 14 ZIMMER, MICHAEL S SF1-A 530 RAVENAUX DR 1.211799635 NR Case No. Attachment D ZA23-0026 Page 2 15 SPENCER, ROBIN RENE SF1-A 525 RAVENAUX DR 1.046210736 NR 16 LOFRISCO, THOMAS RPUD 1403 THETFORD CT 0.788067744 NR 17 TERLIP, CAROL RPUD 912 SUFFOLK CT 0.767546534 NR 18 DAVIS, JAY RPUD 913 SUFFOLK CT 0.995589566 NR 19 BEDFORD, MARK D SF1-A 1331 SHADY OAKS DR 4.953156855 NR 20 SUPERINTENDENT OF CARROLL ISD NR 1000 SUMMY, SCOTT AG 1440 SHADY OAKS DR 0.925360826 U 1001 SUMMY, SCOTT AG 1450 SHADY OAKS DR 0.503004476 U 1002 SUMMY, SCOTT AG 1460 SHADY OAKS DR 1.028429276 U 1003 SUMMY, PAUL S SF1-A 1500 SHADY OAKS DR 2.351304761 U Responses: F: In Favor O: Opposed U: Undecided NR: No Response Notices Sent: Twenty-two (22) (Duplicates for Scott Summy Removed) Responses Received within 300’: In Favor: Opposed: Undecided: No Response: Case No. Attachment E ZA23-0026 Page 1 SURROUNDING PROPERTY OWNERS’ RESPONSES None Received by 7/23/2023 Case No. Attachment F ZA23-0026 Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-801 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 TRACTS 2E, 2E01, AND 2E02, THOMAS M HOOD SURVEY ABSTRACT NO. 706, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” SINGLE FAMILY RESIDENTIAL DISTRICT TO “SF-1A” 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 F ZA23-0026 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 F ZA23-0026 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 Tracts 2E, 2E01, and 2E02, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas, from “AG” Agricultural District to “SF-1A” Single Family Residential District, and shown on the Concept Plan for Case No. Attachment F ZA23-0026 Page 4 Lot 20, T. M. Hood #706 Addition, and Tracts 2E, 2E01, and 2E02, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas 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. 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 Case No. Attachment F ZA23-0026 Page 5 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 but may be prosecuted Case No. Attachment F ZA23-0026 Page 6 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 _____, 2023. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of _______, 2023. ________________________________ MAYOR ATTEST: Case No. Attachment F ZA23-0026 Page 7 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA23-0026 Page 8 EXHIBIT “A” Tracts 2E, 2E01, and 2E02, Thomas M Hood Survey Abstract No. 706, City of Southlake, Tarrant County, Texas Case No. Attachment F ZA23-0026 Page 9 EXHIBIT “B” Reserved for approved Concept Plan