Item 4G
Department of Planning & Development Services
S T A F F R E P O R T
April 29, 2009
CASE NO: ZA09-008
PROJECT: Zoning Change and Concept Plan for 630 Shady Oaks Dr.
REQUEST:
Zoning Change and Concept Plan from “AG” Agricultural District to “SF-20A” Single
Family Residential District for the construction of a new home on 0.5033 acre located
at 630 Shady Oaks Dr.
ACTION NEEDED: Consider first reading approval of the zoning change and concept plan
request.
ATTACHMENTS:
(A) Background Information
(B) Vicinity Map
(C) Plans and Support Information – Link to PowerPoint Presentation
Concept Plan Review Summary No. 2, dated April 17, 2009
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-584
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT:
Ken Baker (817)748-8067
Dennis Killough (817)748-8072
Case No.
ZA09-008
BACKGROUND INFORMATION
OWNER/APPLICANT:
James & Elizabeth Hendricks
PROPERTY SITUATION:
630 Shady Oaks Dr.
LEGAL DESCRIPTION:
Tract 11A03, Thomas M. Hood Survey, Abstract No. 706
LAND USE CATEGORY:
Medium Density Residential
CURRENT ZONING:
“AG” – Agricultural District
REQUESTED ZONING:
“SF-20A” – Single Family Residential District
HISTORY:
The existing home proposed for demolition was built in 1960 (Source: TAD)
TRANSPORTATION
ASSESSMENT:
Master Thoroughfare Plan
The Master Thoroughfare Plan recommends Shady Oaks be a 2-lane,
undivided collector roadway with 60 feet of right-of-way adjacent to this site.
Adequate right-of-way is shown to be dedicated by this application.
Existing Area Road Network and Conditions
April 2008 traffic counts on Shady Oaks Dr (between F.M. 1709 & W.
Highland St):
24hr North Bound (NB) (1,430) South Bound (SB) (1,293)
NB Peak A.M. (249) 7:30 - 8:30 AM Peak P.M. (142) 5:00 – 6:00 PM
SB Peak A.M. (174) 7:30 - 8:30 AM Peak P.M. (155) 5:15 – 6:15 PM
As one (1) existing single-family residence is proposed to be replaced by one
(1) new single-family residence, there is no new traffic impact generated by this
application.
PATHWAYS
MASTER PLAN:
A sidewalk currently exists along Shady Oaks on this property.
WATER & SEWER:
This site is serviced by a 12” water line along the east side of Shady Oaks
Drive and an 8” sewer line recently installed with the Shady Oaks subdivision
improvements.
TREE PRESERVATION:
No existing trees are proposed to be removed with this application.
ZONING BOARD OF
ADJUSTMENT ACTION:
April 16, 2009; Case ZBA-561 a variance to Ord. 480, Section 14.5(g) requiring
a minimum lot width of one hundred feet (100') was approved (5-0) subject to
receiving approval of SF-20A zoning. A minimum lot width of 67.45’ feet was
approved.
April 16, 2009; Case ZBA-562 a variance to Ord. 480, Section 14.5(c) requiring
a side yard setback of fifteen feet (15') was approved (5-0) subject to receiving
approval of SF-20A zoning. A minimum side yard of twelve feet (12') was
approved.
P&Z COMMISSION:
April 23, 2009; Approved (6-0) subject to Concept Plan Review Summary No.
Case No. Attachment A
ZA09-008 Page 1
2, dated April 17, 2009.
STAFF COMMENTS:
Attached is Concept Plan Review Summary No. 2, dated April 17, 2009.
Case No. Attachment A
ZA09-008 Page 2
Case No. Attachment B
ZA09-008 Page 1
CONCEPT PLAN
Case No. Attachment C
ZA09-008 Page 1
CONCEPT PLAN REVIEW SUMMARY
ZA09-008TWO04/17/2009
Case No.: Review No.: Date of Review:
Concept Plan – 630 Shady Oaks Dr
Project Name:
APPLICANT: SURVEYOR/ENGINEER:
James Hendricks Spry Surveyors – ATTN: David Lewis
602 Loving Ct P.O. Box 1982
Southlake, TX 76092 Colleyville, TX 76034-1982
P: (214)763-2546 P: (817) 896-6150
F: NA F: (817)503-8118
E: jim.hendricks@ingclarion.com E: david@sprysurveyors.com
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 03/18/09 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT CLAYTON COMSTOCK AT (817) 748-8269.
* On April 16, 2009 the Zoning Board of adjustment motioned to approve Case ZBA-561 (5-0), a
variance to Ord. 480, Section 14.5(g) requiring a minimum lot width of one hundred feet (100') subject
to receiving approval of SF-20A zoning. A minimum lot width of 67.45’ feet was approved. Case ZBA-
562 was also approved (5-0) for a variance to Ord. 480, Section 14.5(c) requiring a side yard setback
of fifteen feet (15') subject to receiving approval of SF-20A zoning. A minimum side yard of twelve
feet (12') was approved.
* Applicant should be aware that any damage incurred to the sidewalk during construction will have to
be repaired before issuance of a certificate of occupancy.
* 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.
* 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 must be processed
and filed in the County Plat Records 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.
* Denotes Informational Comment
Case No. Attachment D
ZA09-008 Page 1
Surrounding Property Owners
630 Shady Oaks Drive
SPO # Owner Name Zoning Land Use Acreage Response
CS
Carroll ISD Public/Semi-Public 28.98
1
NR
SF20A
Pospisil, Mark J Etux Diana L Medium Density Residential 0.57
2
NR
SF20A
Costin, Jerry Etux Melinda Medium Density Residential 0.47
3
NR
SF20A
Hendricks, J C Etux Elizabeth Medium Density Residential 0.53
4
NR
SF20A
Modi, Elesh H Etux Sabrina Medium Density Residential 0.47
5
NR
AG
McDonald, Beverly G Medium Density Residential 2.06
6
NR
AG
Scherer, Hugh C Medium Density Residential 0.89
7
NR
AG
Robinson, Wendy M Medium Density Residential 0.52
8
NR
AG
Hendricks, James C & Elizabeth Medium Density Residential 0.49
9
NR
SF20A
Terra/Shady Oaks Lp Medium Density Residential 33.94
10
NR
Responses: F: In Favor O: Opposed To U: Undecided NR: No Response
Case No. Attachment E
ZA09-008 Page 1
Surrounding Property Owner Responses
630 Shady Oaks Dr.
Notices Sent:
Ten (10)
Responses Received:
None (0)
Case No. Attachment F
ZA09-008 Page 1
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-584
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 11A03, THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706, 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” 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
Case No. Attachment G
ZA09-008 Page 1
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 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
Case No. Attachment G
ZA09-008 Page 2
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 Tract 11A03, Thomas M. Hood Survey, Abstract No. 706, being approximately .5033
acres, 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”.
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
Case No. Attachment G
ZA09-008 Page 3
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, 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 or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
Case No. Attachment G
ZA09-008 Page 4
fifteen (15) days before the second reading of this ordinance, and if 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 ___________, 2009.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2009.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment G
ZA09-008 Page 5
EXHIBIT “A”
Being legally described as Tract 11A03, Thomas M. Hood Survey, Abstract No. 706, and being approximately
.5033 acres.
**Insert Metes and Bounds Description**
Case No. Attachment G
ZA09-008 Page 6
EXHIBIT “B”
(Reserved for the Approved Concept Plan and Tree Conservation Plan)
Case No. Attachment G
ZA09-008 Page 7