Item 7A - MemoSOUTHLAKE
PLANNING & DEVELOPMENT
SERVICES
STAFF REPORT
May 30, 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 Site Plan Review Summary No. 1, dated May 12, 2023.
ACTION NEEDED: 1) Consider 1st Reading Approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Revised Site Plan Review Summary No. 1, dated May 12, 2023
(D) Surrounding Property Owners Map and Responses
(E) Ordinance No. 480-800
Full Size Plans (for Commission and Council members only)
PowerPoint Presentation
Concept Plan
Case No.
ZA23-0025
STAFF CONTACT
Reagan Rothenberger (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZA23-0025
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 1
2023 and Revised Site Plan Review Summary No. 1, dated May 12, 2023.
STAFF COMMENTS: Attached is Revised Site Plan Review Summary No. 1, dated May 12,
2023.
Case No.
ZA23-0025
Attachment A
Page 2
Vicinity Map Z► 2 -0025
610 Byron Nelson Pkwy
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LILAC LN
Legend
Address Paints
I City Parcels
Right Of Way
f - 1
_ 1 City Limit
Case Parcels)
200 F40t Buffer
1 C;D 300 Feet — 30D Foot Buffer
Parcels Within Buffer
Case No.
ZA23-0025
Attachment B
Page 1
REVISED SITE PLAN REVIEW SUMMARY
Case No.: ZA23-0025 Review No.: One
Proiect Name: Zoninq Chanqe — 610 Shadv Oaks
APPLICANT:
Deena M. Powers
610 Byron Nelson
Southlake, Texas 76092
Phone: 817-233-9101
Email: deenampowersu@yahoo.com
OWNER:
Same
Date of Review: 05/12/23
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 RROTHENBERG ER@CI.SOUTHLAKE.TX.US.
Planning Review
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: rothenberger@ci.southIake.tx.us
Case No. Attachment C
ZA23-0025 Page 1
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
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 C
ZA23-0025 Page 2
SURROUNDING PROPERTY OWNERS MAP
�a 9616 a
„1
e ze n: T9 ns ne
r" Tli
V
-----------------------------------
p snw
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 1
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
1 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
Notices Sent: Thirty -Two (32)
O: Opposed U: Undecided
Responses Received within 300': In Favor:
Case No.
ZA23-0025
Opposed:
NR: No Response
Undecided: No Response:
Attachment D
Page 2
SURROUNDING PROPERTY OWNERS' RESPONSES
None Received by 513012023
Case No. Attachment D
ZA23-0025 Page 3
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-2013" SINGLE
Case No. Attachment E
ZA23-0025 Page 1
FAMILY RESIDENTIAL DISTRICT under the City's Comprehensive Zoning Ordinance; and,
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; safety from fire hazards and damages;
noise producing elements and glare of the vehicular and stationary lights and effect of such lights
on established character of the neighborhood; location, lighting and types of signs and relation of
signs to traffic control and adjacent property; street size and adequacy of width for traffic
reasonably expected to be generated by the proposed use around the site and in the immediate
neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading
spaces, and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding
of the land; effect on the concentration of population, and effect on transportation, water,
sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
Case No. Attachment E
ZA23-0025 Page 2
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, as depicted on the approved Concept Plan
attached hereto and incorporated herein as Exhibit "B", and subject to the following
Case No. Attachment E
ZA23-0025 Page 3
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 4
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.
SECTION 9.
Case No. Attachment E
ZA23-0025 Page 5
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
MAYOR
ATTEST:
day of , 2023.
CITY SECRETARY
Case No. Attachment E
ZA23-0025 Page 6
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
Case No. Attachment E
ZA23-0025 Page 7
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 8
EXHIBIT "B"
One 3O.M
NAREaJ,al.�ee SURVEY PLAT BURNS
BARRY S, RHODES Registered Professional Land Surveyor (214) 326—$090
This 's to certify that I have, this dote, made a careful and accurate survey on the gqround of property located at
610 BYRON NELSON PARKWAY n the City of S0 LH KE Texas.
BEING LOT 4, O.W. KNIGHT, NO. 899 ADDITION TO THE CITY IOF SOIITHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECOROED IN
CABINET A, SLIDE 2966. DEED RECORDS OF TARRANT COUTNY, TEXAS.
NflEar ROA a FM )
BYRON NELSON PARKWAY �! -
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Case No. Attachment E
ZA23-0025 Page 9