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Item 6H Department of Planning & Development Services S T A F F R E P O R T February 13, 2008 ZA07-170 CASE NO: Zoning Change and Concept Plan for 1900 Shady Oaks Drive PROJECT: REQUEST: Gordon Wayne Davis 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 9.62 acres of land. The applicant is requesting the zoning change to take advantage of the 180 day fee waiver period approved by the City Council for SF-2 zoning changes and to have up to 3% of the lot area for accessory buildings. There is an existing home having approximately 5,000 square feet of floor area and an existing accessory building having approximately 1,900 square feet of floor area on the property. The maximum accessory building area allowed by SF-2 zoning on this lot would be approximately 12,571 square feet. The applicant has indicted that the future intent is to remove the existing 1,900 square feet accessory building and replace it with a 7,500 square feet implement barn. This building would be subject to compliance with the architectural design standards as specified in the district. The current SF-1A zoning allows a sum total of all accessory structures/buildings of 3% of the lot area but not to exceed 4,000 sq. ft. Due to the limited scope of this request, no review summary was created for this item. 1. Conduct public hearing ACTION NEEDED: 2. Consider second reading for a zoning change approval ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information (Link to PowerPoint Presentation) (D) Surrounding Property Owners Map (E) Surrounding Property Owners Responses (F) Ordinance No. 480-551 STAFF CONTACT: Ken Baker (748-8067) Richard Schell (748-8602) Case No. ZA07-170 BACKGROUND INFORMATION OWNER/APPLICANT: Gordon Wayne Davis PROPERTY SITUATION: 1900 Shady Oaks Drive LEGAL DESCRIPTION: Lot A, 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 HISTORY: -A plat showing for this lot in Old Orchard Country Estates was approved in February of 1978; - A residence was built in 1993 (Source: TAD) TRANSPORTATION Master Thoroughfare Plan ASSESSMENT: 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. Existing Area Road Network and Conditions The tract has direct access to Shady Oaks Drive Currently, Shady Oaks 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 notexpected to warrant expansion of the existing roadway network. PATHWAYS MASTER PLAN: On-street bikeway planned on Shady Oaks Drive. WATER & SEWER: A 6” waterline exists along the west side of Shady Oaks that serves the property. A 12” gravity sanitary sewer exists along the east side of Shady Oaks. DRAINAGE ANALYSIS: Drainage flows to the northeast of the property. No changes are proposed. TREE PRESERVATION: There is a large tree canopy covering the western and southern portions of the property, and isolated tree cover on the northern and eastern portions of the property. The proposed accessory building will not have a significant impact on the tree cover. P&Z ACTION: January 17, 2008; Approved (7-0) as presented. COUNCIL ACTION: February 5, 2008; Approved first reading on consent (7-0) STAFF COMMENTS: There are no additional review comments required due to the limited scope of The applicant has indicated that they may replace the this request. existing 1,900 SF accessory building with an approximate 7,500 SF Case No. Attachment A ZA07-170 Page 1 building in the future. Any new accessory buildings/structures will be required to comply with the following regulations: Accessory Structure Standards for the SF-2 district: 1.All accessory structures in the SF-2 zoning district shall meeting the following standards: i.The sum total of all accessory structures and buildings on the lot shall not exceed 3% of the lot area. ii.All accessory structures that are, individually or cumulatively, less than 500 sq.ft. shall meet the accessory structure standards under Section 34.2. iii.All accessory structures that individually are equal to or exceed 500 sq.ft.: 1.Setbacks from adjoining lots shall meet the principal structure setback standards. No setbacks are required from the principal structure, however, fire separation requirements may apply. 2.Height shall not exceed 20 feet. 3.Accessory structures of metal, wood or vinyl siding or equivalent material shall meet the following design standards: a.Minimum of 2 colors (principal color limited to white, beige, natural shades of greens and browns, or color matching the principal structure, with trim of contrasting colors). b.All metal accessory buildings to be painted with a factory applied non- metallic matte-finish. c.Addition of trim detail around the windows/doors/or string courses or water tables. d.Windows, doors, or other openings required on at least 2 sides. e.Pitched roof required (of the appropriate pitch for the roof design chosen or a minimum of 1:3). 4. Accessory structures using masonry shall meet the following standards: a.Masonry material used shall match the masonry material of the principal structure on the lot. b.Addition of trim detail around the windows/doors/or string courses or water tables. c.Windows, doors, or other openings required on at least 2 sides. d.Roof (design, pitch, and materials) to be the same type as the principal structure roof. iv.Standards in subsection iii above shall not apply to accessory buildings that do not have any enclosing walls such as gazebos, play structures, and pergolas. N:\Community Development\MEMO\2007cases\07-170Z.doc Case No. Attachment A ZA07-170 Page 2 Case No. Attachment B ZA07-170 Page 1 Link to PowerPoint Presentation Case No. Attachment C ZA07-170 Page 1 Concept Plan, 1900 Shady Oaks Drive Existing Accessory Building (Approx. 1,900 SF) New Accessory Building Envelope (Approx. 7,500 SF) Tree Preservation Area Case No. Attachment C ZA07-170 Page 2 Surrounding Property Owners 1900 Shady Oaks Dr. Davis Residence SPO Owner Zoning Land Use Acreage # 1. Low Density Residential Current Owner RPUD 2.94359429 2. Low Density Residential Lamb, Carroll Jr Etux Patricia SF1-A 1.013 3. Low Density Residential Coulter, Gene E Etux Janice D SF1-A 1.097 4. Low Density Residential Davis, Christopher M Etux Amy SF1-A 1.035 5. Low Density Residential Davis, Gordon W Etux Mary A SF1-A 1.032 6. Low Density Residential 100 Year Flood Plain Walters, Margo A SF1-A 1.033 7. Low Density Residential 100 Year Flood Plain Davis Gordon Wayne SF1-A 9.99369613 8. Low Density Residential 100 Year Flood Plain Spickler, Dennis G Etux Esther SF1-A 8.17 9. Low Density Residential 100 Year Flood Plain Orr, Brett W SF1-A 4.96 10. Low Density Residential 100 Year Flood Plain Oren, Stephen J Etux Danielle SF2 4.489 11. 100 Year Flood Plain Low Density Residential Neill, Rosemma & Kay V Gunn SF1-A 1.499 12. Low Density Residential 100 Year Flood Plain Dragan, Joseph Etux Diane SF1-A 2.111 13. Low Density Residential Wayland, Cheryl Renee SF1-A 3.051 14. Low Density Residential Armstrong, Todd Etux Kay SF1-A 6.575 15. Low Density Residential Duggins, James L Etux Joy SF1-A 6.605 16. Low Density Residential Elliott, Bryan Etux Tracy SF1-A 7.272 17. Low Density Residential Goza, Timothy D SF1-A 4.859 18. Low Density Residential Paxton, John F & Deborah K SF1-A 5.059 19. Low Density Residential O'Neal, James P SF1-A 3.983 20. Low Density Residential Lepp, Jeffery Scott Etux Jodi SF1-A 3.314 Case No. Attachment D DF ZA07-170 Page 1 21. Low Density Residential Friedland, Lewis D Etux Edith RE 6.797 22. Low Density Residential Tummarello, Anthony Etux Carol SF1-A 0.981 23. Low Density Residential Catino, Robert J Etux Michele SF1-A 1.02954719 24. Low Density Residential Mattheis, Jeffrey S & Brenda E SF1-A 1.13993228 25. Low Density Residential Burckle, Robert A Etux Joan SF1-A 2.81424986 26. Office Commercial 100 Year Flood Plain Shivers Family Partnership AG 21.526 27. Office Commercial 100 Year Flood Plain Shallow North No 1 Lp AG 5.637 Case No. Attachment D DF ZA07-170 Page 2 Surrounding Property Owner Responses 1900 Shady Oaks Dr. Davis Residence Notices Sent: Twenty-seven (27). Responses Received: Four (4).  Tony Tummarello (SPO # 22), Favor E-Mail 940 Brittany Ct., submitted an in on January 14, 2008 (see attached).  Stephen & Danielle Oren (SPO #10), Notification Response 2050 Shday Oaks Dr., submitted a Favor Form in on January 15, 2008 (see attached).  Cheryl Wayland (SPO #13), Notification Response Form 701 W Dove Rd., submitted a on January 15, 2008 (see attached).  Carroll & Patricia Lamb (SPO #2), Notification Response Form 697 Garden Court, submitted a in Favor on January 17, 2008 (see attached). Case No. Attachment E ZA07-170 Page 1 Case No. Attachment E ZA07-170 Page 2 Case No. Attachment E ZA07-170 Page 3 Case No. Attachment E ZA07-170 Page 4 Case No. Attachment E ZA07-170 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-540 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 A, BLOCK 1, OLD ORCHARD COUNTRY ESTATES, BEING APPROXIMATELY 9.62 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 Case No. Attachment F ZA07-170 Page 1 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 ZA07-170 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 A, Block 1, Old Orchard Country Estates, an addition Case No. Attachment F ZA07-170 Page 3 to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Volume 388-118, Page 41, Plat Records, Tarrant County, Texas, being approximately 9.62 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: 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 Case No. Attachment F ZA07-170 Page 4 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 Case No. Attachment F ZA07-170 Page 5 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 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 PASSED AND APPROVED on the 2nd reading the ____ day of _________, 2007. ________________________________ MAYOR ATTEST: Case No. Attachment F ZA07-170 Page 6 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA07-170 Page 7 EXHIBIT “A” Being legally described as Lot A, Block 1, Old Orchard Country Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plats recorded in Volume 388-118, Page 41, Plat Records, Tarrant County, Texas, being approximately 9.62 acres. Case No. Attachment F ZA07-170 Page 8 EXHIBIT “B” Case No. Attachment F ZA07-170 Page 9