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Item 6D Department of Planning & Development Services S T A F F R E P O R T January 9, 2008 ZA07-152 CASE NO: Zoning Change and Concept Plan for 1275 Shady Oaks Drive PROJECT: REQUEST: Robert Gray is requesting approval of a zoning change and concept plan from “RE” Single Family Residential Estate District and “SF-1A” Single Family Residential District to “SF-2” Single Family Residential District on approximately 4.30 acres of land. The area consists of the northern 2 acre portion of a 5 acre platted lot that was subdivided by metes and bounds in June of 1997 without filing an approved plat and a 2 acre platted lot to the west. The applicant is not proposing any changes to the property at this time but has identified an area for recovering a stock pond on the property. The applicant has provided an aerial photo exhibit and boundary exhibit which are included in Attachment C of this report. Due to the limited scope of this request, no review summary was created for this item. One property owner has registered opposition. The opposition accounts for approximately 13% of the surrounding 200’ area which does not invoke a super majority vote requirement. 1. Conduct public hearing ACTION NEEDED: 2. Consider approval of second reading for a zoning change and concept plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-541 (G) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Ken Baker (748-8067) Case No. ZA07-152 Dennis Killough (748-8072) Case No. ZA07-152 BACKGROUND INFORMATION OWNER/APPLICANT: Robert Gray PROPERTY SITUATION: 1275 Shady Oaks Drive LEGAL DESCRIPTION: Lot 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres Addition LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “RE” Single Family Residential Estate District & “SF-1A” Single Family Residential District REQUESTED ZONING: “SF-2” Single Family Residential District HISTORY: -A plat Revision for this lot in Burnett Acres was approved in March of 1984; -“SF-1A” zoning was placed on the property in Burnett Acres with the adoption of the current Comprehensive Zoning Ordinance No. 480 -A change of zoning to “RE” for Arnold Estates was approved by City Council on January 2, 1990. -City Council approved a preliminary plat for Arnold Estates on December 19, 1989. -A final plat for Arnold Estates was approved by City Council on February 20, 1990. 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 and W. Highland Street to be a 2-lane, undivided collector roadway with 70 feet of right-of-way adjacent to this site. Existing Area Road Network and Conditions The tract fronts along Shady Oaks Drive and has access by way of a private ingress-egress easement filed of record onto W. Highland Street. The access to the rear of the property from Shady Oaks is inhibited by a creek crossing. Currently, Shady Oaks and W. Highland Street is a 2-lane, undivided roadway. The capacity of the existing roadway is approximately 8,400 vehicle trips per day. Under this condition, the roadways would be considered to operate under a level of service ‘D’. This development is Case No. Attachment A ZA07-152 Page 1 not expected to warrant expansion of the existing roadway network. PATHWAYS MASTER PLAN: The Southlake Pathways Master Plan recommends a minimum 8’ multi- use paved trail along the east side of Shady Oaks and an on-road bike path along W. Highland Street. WATER & SEWER: A 6-inch water line exists along the south side of W. Highland Street and west side of Shady Oaks. No sanitary sewer lines exist in the immediate area. The lot is currently served by a private on-site sewer system. TREE PRESERVATION: The Landscape Administrator has no comments for this item. SOUTHLAKE 2025: Land Use Recommendations Existing land use designations – Low Density Residential. The proposed development complies with the Low Density Residential land use designation. Environment Resource Recommendations Preserve trees to the maximum extent feasible. Buildings must be located on the site to maximize tree preservation. P&Z ACTION: December 6, 2007; Approved (7-0) as presented. COUNCIL ACTION: December 18, 2007; Approved first reading (7-0) as presented. STAFF COMMENTS: Due to the limited scope of this request, no review summary was created for this item. City Council approved the creation of the “SF-2” Single Family Residential District on October 16, 2007. As part of the approval, City Council provided a 180-day waiver of zoning application fees for all applicants desiring to rezone to the “SF-2” district. N:\Community Development\MEMO\2007cases\07-152ZCP.doc Case No. Attachment A ZA07-152 Page 2 Case No. Attachment B ZA07-152 Page 1 Aerial Exhibit Case No. Attachment C ZA07-152 Page 1 Boundary Exhibit Case No. Attachment C ZA07-152 Page 2 Surrounding Property Owners 1275 Shady Oaks Drive SPO Owner Zoning Land Use Acreage # 1. Low Density residential Wasserman, Jay RE 1.71 2. Low Density residential Wasserman, Jay RE 1.39 3. Low Density residential Gray, Robert J Etux Sara J RE 2.01 4. Low Density residential Dahlson, Richard Etux Anne SF1-A 6.039 5. Low Density residential Marshall, L E Etux Paula R SF1-A 2.522 6. Low Density residential Bedford, Mark D Etux Ann SF1-A 4.95 7. Low Density residential Richardson, Sallye Ann SF1-A 4.85 8. Low Density residential Hughes, Kent C Etux Roxanne K SF1-A 5.41 9. Low Density residential Gray, Robert J Etux Sara J SF1-A 2.30 10. Low Density residential Gaines, Robert K Etux Beverly SF1-A 2.18 11. Low Density residential Marks, William M Etux Jill Y SF1-A 2.33 12. Low Density residential Ledak, Gary M Etux Kathryn SF1-A 1.37 13. Low Density residential Raley, Timothy & Jennie Bohart AG 0.99 14. Low Density residential Raley, Timothy & Jennie Bohart AG 2.05 Case No. Attachment D ZA07-152 Page 1 Surrounding Property Owner Responses 1275 Shady Oaks Drive Notices Sent: Fourteen (14). Responses Received: Two (2).  Jay Wasserman (SPO #1 & 2), 520 W Highland St., submitted a Notification Response Opposition Form in on December 3, 2007 (see attached).  L E & Paula Marshall (SPO #5), 1300 Shady Oaks Dr., submitted a Notification Favor Response Form in on December 7, 2007 (see attached) Case No. Attachment E ZA07-152 Page 1 Case No. Attachment E ZA07-152 Page 2 Case No. Attachment E ZA07-152 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-541 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 1B, BLOCK 1, ARNOLD ESTATES & LOT 2B2A, BLOCK 1, BURNETT ACRES ADDITION, BEING APPROXIMATELY 4.30 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT AND “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 “RE” Single Family Case No. Attachment F ZA07-152 Page 1 Residential Estate District and “SF-1A” Single 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 Case No. Attachment F ZA07-152 Page 2 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 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 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet ‘A’, Slide 387 and Volume 388-171, Page Case No. Attachment F ZA07-152 Page 3 21, Plat Records, Tarrant County, Texas, being approximately 4.30 acres, and more fully and completely described in Exhibit “A” from “RE” Single Family Residential Estate District and “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: 1. 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 Case No. Attachment F ZA07-152 Page 4 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. Case No. Attachment F ZA07-152 Page 5 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 _________, 2007. _________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA07-152 Page 6 PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2007. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA07-152 Page 7 EXHIBIT “A” Being legally described as Lot 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Cabinet ‘A’, Slide 387 and Volume 388-171, Page 21, Plat Records, Tarrant County, Texas, being approximately 4.30 acres. Case No. Attachment F ZA07-152 Page 8 EXHIBIT “B” Aerial Exhibit Case No. Attachment F ZA07-152 Page 9 Boundary Exhibit Case No. Attachment F ZA07-152 Page 10