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
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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
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Case No. Attachment B
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Link to PowerPoint Presentation
Case No. Attachment C
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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
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Case No. Attachment E
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Case No. Attachment E
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Case No. Attachment E
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Case No. Attachment E
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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
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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
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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
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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
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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
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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
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________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
Case No. Attachment F
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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.
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EXHIBIT “B”
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