Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
September 10, 2008
ZA08-046
CASE NO:
Zoning Change and Concept Plan for Lots 22 & 23, T.M. Hood No. 706 Addition
PROJECT:
(1340 Shady Oaks Drive)
REQUEST: James and Sandra Walburg are requesting approval of a Zoning Change from “AG”
agricultural district to “SF-1A” single family district and concept plan proposing two
residential lots on 2.45 acres located at 1340 & 1340B Shady Oaks Drive. The site
originally contained two residences on two lots. One of those residences has recently
been demolished and the applicant plans to develop a new home in its place. There is
no net increase in residential density. Lot 23 is an existing residence and no new
construction is proposed on Lot 23 at this time.
Variances
There are two variances being requested:
(1) A variance to the street frontage requirement of the subdivision ordinance is
requested to allow Lot 22 to front on a private ingress-egress easement. This
is a pre-existing condition.
The applicant has removed their request for variance from the sidewalk installation and
has agreed to install the 4’ sidewalk along Shady Oaks through the frontage of Lot 23
with the new home construction on Lot 22.
1. Conduct public hearing
ACTION NEEDED:
2. Consider second reading for zoning change and concept plan approval
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Link to Plans and Support Information
(D) Concept Plan Review Summary No. 2 dated August 15, 2008
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) Ordinance No. 480-568
for Commission and Council Members Only
(H) Full Size Plans ()
STAFF CONTACT: Ken Baker (817)748-8067
Clayton Comstock (817)748-8269
Case No.
ZA08-046
BACKGROUND INFORMATION
OWNERS/APPLICANTS: James & Sandra Walburg and Chauncy & Patricia Willingham
PROPERTY SITUATION: 1340 Shady Oaks Drive
LEGAL DESCRIPTION: Tracts 2C, 2C2, 2C2A, & 2C2B, T.M. Hood Survey, Abstract No. 706
LAND USE CATEGORY: Low Density Residential District
CURRENT ZONING: AG Agricultural District
REQUESTED ZONING: SF-1A Single Family Residential District
HISTORY: Residences were constructed on 1340B in 1961 and on 1340 in 1966.
A demolition permit was issued on 1340B in June of 2008.
PATHWAYS
MASTER PLAN: There is no planned trail along the frontage of this lot. A minimum 4’ sidewalk
is required. There are no connecting walks on either side. An 8’ multi-use trail
is planned along the east side of Shady Oaks.
WATER & SEWER: There is a 6” water line along Shady Oaks which is available to this property. A
fire hydrant is shown ±800 feet to the north of the property frontage but may be
in excess 1,000 feet to the new structure. A fire hydrant must be within 1,000
feet of the structure. A minimum 8” water line may need to be extended to
serve Lot 22 unless otherwise approved by the Director of Public Works.
There is no public sewer serving the property. Lots will remain on a private on-
site sewer system.
DRAINAGE ANALYSIS: Property drains from northwest to southeast.
TREE PRESERVATION: The only trees shown to be removed are those in the building pad and
driveway of the Lot 22. The majority of trees are to remain.
P&Z ACTION: August 21, 2008; Approved (7-0) subject to Concept Plan Review Summary
No. 2, dated August 15, 2008; specifically requesting that a private access
easement be in place to access Lot 22 from Shady Oaks and that there be
sufficient availability within the easement for public utilities to also access Lot
22.
COUNCIL ACTION: September 2, 2008; Approved first reading (7-0) subject to Concept Plan
Review Summary No. 2, dated August 15, 2008; specifically granting the
variance on street frontage and denying the variance on four (4) foot sidewalk;
and, expanding the access easement from ten (10) feet to fifteen (15) feet.
STAFF COMMENTS: Concept Plan Review Summary No. 2 dated August 15, 2008
N:\Community Development\MEMO\2008cases\046 - ZCP - 1340 B Shady Oaks Dr\Staff Report\ZA08-046ZCP CC 09-16-08.doc
Case No. Attachment A
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Case No. Attachment B
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Link Plans and Support Information
Concept Plan
Case No. Attachment C
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CONCEPT PLAN REVIEW SUMMARY
ZA08-046Two08/15/08
Case No.: Review No.: Date of Review:
Concept Plan
Project Name: – For SF1A zoning Tracts 2C, 2C2A, 2C2B T. M. Hood Survey A-
706 1340 B Shady Oaks Drive, Proposed Lot 22, T. M. Hood No. 706 Addition
APPLICANT/OWNER: ENGINEER:
James & Sandra Walburg Adams Engineering:(817) 329-6990
913 Carriage Way
Southlake, Texas SURVEYOR:
(817) 251-8017 Loyd Bransom: (817) 834-3477
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 08/01/08 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 DENNIS KILLOUGH AT (817) 748-8072.
1. All lots must comply with the underlying zoning district and subdivision ordinance
regulations. This property has apparently been subdivided by metes and bounds without
processing a subdivision plat in accordance with the subdivision ordinance No. 483, as
amended, and may be subject to penalties and injunctive actions in accordance with said
ordinance.
2. Variance requested)
All residential lots must front on a public street. (
3. A minimum 4’ wide sidewalk is required along the public street frontage of the property.
4. Show the full extent of the driveway and approach to Shady Oaks..
* Properties proposed to be served by on site sanitary sewer facilities must be located a
net 1 acre of land per Ord. 480, Section 33, as amended, approved by Tarrant County
Health Department and by Southlake City Council. A plan and site analysis is required,
if applicable.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* 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 a 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.
* Denotes Informational Comment
Case No. Attachment D
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Fire Protection Comments:
* Minimum emergency access and fire protection must be provided. Contact David Barnes
and (817) 748-8233 for evaluation.
Case No. Attachment D
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Surrounding Property Owners
1340 & 1340B Shady Oaks Drive
SPO Owner Zoning Land Use Acreage
#
1.
Hill, Kenneth W Etux Lorrie E RE Low Density Residential RE
2.
Marshall, L E Etux Paula R SF1-A Low Density Residential SF1-A
3.
Bedford, Mark D Etux Ann SF1-A Low Density Residential SF1-A
4.
Richardson, Sallye Ann SF1-A Low Density Residential SF1-A
5.
Hughes, Kent C Etux Roxanne K SF1-A Low Density Residential SF1-A
6.
Hammond, Joel M Etux Shelly D RPUD Low Density Residential RPUD
7.
Lewin, Joshua Etux Dana RPUD Low Density Residential RPUD
8.
Sargent, James Etux Kristi RPUD Low Density Residential RPUD
9.
Terlip, Frank R Etux Carol RPUD Low Density Residential RPUD
10.
Hanan, Martin D Etux Peggy RPUD Low Density Residential RPUD
11.
Cairns, Michael A AG Low Density Residential AG
12.
Ledak, Gary M Etux Kathryn SF1-A Low Density Residential SF1-A
13.
Willingham, Chauncy & Patricia AG Low Density Residential AG
14.
Walburg, James B & Sandra S AG Low Density Residential AG
15.
Walburg, James B & Sandra S AG Low Density Residential AG
16.
J O Sr & B M Passmore Liv Tr SF1-A Low Density Residential SF1-A
Case No. Attachment E
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Surrounding Property Owner Responses
1340 & 1340B Shady Oaks Drive
Notices Sent:
Sixteen (16)
Responses Received:
Two (2)
Notification
1) James B. & Sandra S. Walburg, 1340 Shady Oaks Dr., Southlake, TX; Submitted a
In Favor Of
Response Form
stating on August 18, 2008 (attached).
Notification Response Form
2) James & Kristi Sargent, 913 Suffolk Ct., Southlake, TX; Submitted a
Undecided About
stating on August 20, 2008 (attached).
Case No. Attachment F
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Case No. Attachment F
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-568
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 2C, 2C2, 2C2A, & 2C2B, T.M. HOOD
SURVEY, ABSTRACT NO. 706, BEING APPROXIMATELY 2.45 ACRES,
AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM
“AG” AGRICULTURAL DISTRICT TO “SF-1A” SINGLE FAMILY
RESIDENTIAL DISTRICT, 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
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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
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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 Tracts 2C, 2C2, 2C2A, & 2C2B, T.M. Hood Survey, Abstract No. 706, an addition to the
City of Southlake, Tarrant County, Texas, being approximately 2.45 acres, and more fully and
completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family
Residential District as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific 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
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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.
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.
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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
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 ___________, 2008.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2008.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
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ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
,
Being Tracts 2C, 2C2, 2C2A, & 2C2B, T.M. Hood Survey, Abstract No. 706an addition to the City of
Southlake, Tarrant County, Texas, being approximately 2.45 acres, and being more fully described as follows:
*** This space reserved for metes and bounds description ***
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EXHIBIT “B”
** Reserved for approved Concept Plan **
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