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Item 6C Department of Planning & Development Services S T A F F R E P O R T July 2, 2009 CASE NO: ZA09-020 PROJECT: Zoning Change & Concept Plan for Jamal Residence REQUEST: On behalf of Dr. Syed Jamal, Tom Mathews is requesting approval of a zoning change and concept plan from “SF-1A” Single-Family Residential District to “SF-2” Single- Family Residential District on approximately 4.58 acres. st At 1 Reading City Council asked that the applicant consider providing a ten (10’) foot pedestrian access easement for a potential future sidewalk. The applicant has stated he prefers to not provide the easement due to the potential harm to the existing trees and vegetation that are along the flood plain towards the front of the lot and will provide further elaboration of these reasons at the next meeting. No variances are a part of this request. ACTION NEEDED: 1) Conduct Public Hearing nd 2) Consider 2 Reading of Zoning Change and Concept Plan approval request ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Review Summary No. 1, dated May 27, 2009 (E) Surrounding Property Owners Map (F) Surrounding Property Owners Responses (G) Ordinance No. 480-587 for Commission and Council Members Only (H) Full Size Plans () STAFF CONTACT: Ken Baker (817) 748-8067 Daniel Cortez (817) 748-8070 Case No. ZA09-020 BACKGROUND INFORMATION OWNER: Dr. Syed & Sadia Jamal APPLICANT: Tom Matthews PROPERTY SITUATION: 2000 Shady Oaks Drive LEGAL DESCRIPTION: Lot C, Block 1, Old Orchard Country Estates LAND USE CATEGORY: Low Density Residential CURRENT ZONING: SF-1A Single-Family Residential District REQUESTED ZONING: SF-2 Single-Family Residential District SOUTHLAKE 2025: The underlying land use designation is Low Density Residential and the proposed change in zone is consistent with the existing designation. TRANSPORTATION ASSESSMENT: Master Thoroughfare Plan The Master Thoroughfare Plan recommends this portion of Shady Oaks Drive to be an undivided collector street with sixty (60) feet of right-of-way. Existing Area Road Network and Conditions The proposed lot has direct access onto Shady Oaks Drive, a 2-Lane undivided collector roadway. May 2008 traffic counts on Shady Oaks Dr. between W. Highland St. and W. Dove St. North Bound South Bound 24hr 1,124 1,097 AM Peak 157210 (8:15AM – 9:15AM) (8:00AM – 9:00AM) PM Peak 97116 (4:45PM – 5:45PM) (4:15PM – 5:15PM) There will be no change in impact to traffic as no additional residences are being proposed. PATHWAYS MASTER PLAN: A 8-foot multi-use trail is planned along Shady Oaks Drive from the Coventry Subdivision to W. Dove Street (Trail Segment 35-N). The applicant is exempt from providing this requirement under section 5.06.B.2.d of the Subdivision Ordinance 483. WATER & SEWER: Water: The property will be serviced by the existing 6-inch waterline along Shady Oaks Drive. Sewer: The property will be served by an existing 12-inch sewer line along Shady Oaks Drive. TREE PRESERVATION: The applicant is required to preserve at least sixty percent (60%) of the existing Case No. Attachment A ZA09-020 Page 1 tree coverage on site per the City’s Tree Preservation Ordinance. The applicant has proposed to remove twenty-four percent (24%) of the exiting coverage complying with City requirements. P&Z COMMISSION: June 4, 2009, Motion to Approve passed (6-0) in addition to Concept Plan Review Summary No. 1 dated May 27, 2009. CITY COUNCIL: June 16, 2009, Motion to Approve passed (6-0) in addition asking the applicant to consider granting an easement for a sidewalk along Shady Oaks Drive and subject to Concept Review Summary No. 1 dated May 27, 2009. STAFF COMMENTS: Attached is a Concept Plan Review Summary No. 1, dated May 27, 2009. N:\Community Development\MEMO\2009cases\09-020.doc Case No. Attachment A ZA09-020 Page 2 Vicinity Map Case No. Attachment B ZA09-020 Page 1 Plans and Support Information Case No. Attachment C ZA09-020 Page 1 CONCEPT PLAN REVIEW SUMMARY ZA09-020One05/27/09 Case No.: Review No.: Date of Review: Project Name: Concept Plan – Jamal Residence (2000 Shady Oaks Drive) APPLICANT: OWNER: Tom Matthews Dr. Syed Jamal th 2600 E. Southlake Blvd. 709 N. 4 St. Southlake, TX 76092 Jacksboro, TX 76458 Phone: (214) 676-3434 Phone: (940) 567-1001 Fax: (817) 481-4074 Fax: (940) 567-6325 CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 05/20/08 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 DANIEL CORTEZ AT (817) 748-8070. 1. The proposed home is to be built is subject to all development regulations under the “SF-2“ Single Family Residential District and any other applicable sections of the City of Southlake Zoning Ordinance upon approval. 2. The existing trees at the front of the property are currently surrounded by an existing rail fence. The new driveway is proposed to be located through the middle of the lot and cuts directly through the area of existing trees. A Tree Conservation Plan that shows the existing trees within the location and 40’ beyond the proposed construction of the new proposed driveway into the property will be required to be submitted with the building plans for building permit. If the driveway into the property remains in the existing location then no trees will be affected and Tree Conservation Plan is not required. 3. The proposed tree removal complies with the allowed percentage of existing tree removal regulations of the Tree Preservation Ordinance. 60% of the existing tree cover is required to be preserved and only 24% is proposed to be removed. A Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0 within the Tree Preservation Ordinance. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on Minimum percentage of the the entire site 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 Case No. Attachment D ZA09-020 Page 1 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. Informational Comments * All mechanical equipment must be screened of view right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * 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 ZA09-020 Page 2 Surrounding Property Owners Jamal Residence SPO # Owner Zoning Land Use Acreage Response 1. Low Density Residential, 100-Year Flood O Spickler, Dennis G Etux Esther SF1-A 8.17 Plain 2. Low Density Residential, 100-Year Flood F Oren, Stephen J Etux Danielle SF2 4.489 Plain 3. NR Molly Andrews Trust SF1-A Low Density Residential 6.575 4. NR Swc 114/Dove Lp AG Office Commercial, 100-Year Flood Plain 5.637 5. NR Jamal, Syed Etux Sadia Ambarin SF1-A Low Density Residential 4.96 Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Five (5) Responses Received: Two (2) Case No. Attachment E ZA09-020 Page 1 Case No. Attachment F ZA09-020 Page 1 Case No. Attachment F ZA09-020 Page 2 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-587 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 DESCRIBED AS LOT C, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 4.58 ACRES AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “SF-1A” SINGLE-FAMILY RESIDENTIAL DISTRICT TO “SF- 2” 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-1A” Single-Family Residential District under the City’s Comprehensive Zoning Ordinance; and, Case No. Attachment G ZA09-020 Page 1 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 rights of those who bought or improved property with reference to the classification which existed at the time Case No. Attachment G ZA09-020 Page 2 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 legally described as Lot C, Block 1, Old Orchard Country Estates, Southlake, Tarrant County, Texas being approximately 4.58 acres, and more fully and completely described in Exhibit “A” from “SF-1A” Single-Family Residential District to “SF-2” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B,” and subject to the following conditions: Case No. Attachment G ZA09-020 Page 3 1. Reserved for final City Council motion / 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. SECTION 5. Case No. Attachment G ZA09-020 Page 4 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 Case No. Attachment G ZA09-020 Page 5 public hearing thereon at least 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 Case No. Attachment G ZA09-020 Page 6 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 ZA09-020 Page 7 EXHIBIT “A” Being legally described as Lot C, Block 1, Old Orchard Country Estates, Southlake, Tarrant County, Texas being approximately 4.58 acres, and more fully and completely described as follows: Reserved for Metes & Bounds Description Case No. Attachment G ZA09-020 Page 8 EXHIBIT “B” Reserved for approved concept plan. Case No. Attachment G ZA09-020 Page 9