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Item 7ECity of Southlake Department of Planning S T A F F R E P O R T August 29, 2007 ZA06-045 CASE NO: Zoning Change for a portion of Lot 1, Block 1, Arnold Estates PROJECT: REQUEST: Robert Gray is requesting approval of a zoning change from “RE” Single Family Residential Estate District to “SF-1A” Single Family Residential District on approximately 2 acres of land being the northern portion of a total 5 acre platted lot that was subdivided by metes and bounds in June of 1997 without filing an approved plat. The 2 acres tract does not comply with the minimum 5 acre lot area requirement of the RE district and must be rezoned to allow for a replat to be processed. A single 4 acre residential lot plat revision which proposes to combine this 2 acre tract with the adjoining platted 2 acres to the west has been submitted concurrently with this application. At the time of submittal, no plan was required to be submitted with a request for “SF- 1A” single family residential development. The property owners to the east and south of this site have registered there opposition to the zoning change. The opposition exceeds 20% (42%) of the area within 200 feet which will require a super-majority vote (6 of 7 City Council members) to approve this item at the second reading. Consider first reading of zoning change approval ACTION NEEDED: ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Surrounding Property Owners Map (D) Surrounding Property Owners Responses (E) Ordinance No. 480-492 STAFF CONTACT: Ken Baker (748-8067) Dennis Killough (748-8072) Case No. ZA 06-045 BACKGROUND INFORMATION OWNER/APPLICANT: Robert Gray PROPERTY SITUATION: 1275 Shady Oaks Drive with access through 520 W. Highland Street LEGAL DESCRIPTION: Northern 2 acre portion of Lot 1, Block 1, Arnold Estates LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “RE” Single Family Residential Estate District REQUESTED ZONING: “SF-1A” Single Family Residential District HISTORY: -A change of zoning to “RE” 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 was approved by City Council on February 20, 1990. 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 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 has access by way of a private ingress-egress easement filed of record onto W. Highland Street and by way of adjacent lot ownership, indirect access to Shady Oaks. The access from Shady Oaks is inhibited by a Creek Crossing the adjacent Burnett Acres lot. 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 not expected to warrant expansion of the existing roadway network. No plans for improvement in the near future have been made for W. Highland Street. 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. Case No. Attachment A ZA 06-045 Page 1 WATER & SEWER: A 6-inch water line exists along the south side of W. Highland Street an west side of Shady Oaks. No sanitary sewer lines exist in the immediate area. The proposed lot sizes permit the use of private sewer systems with Tarrant County Health Dept. approval. TREE PRESERVATION: The Landscape Administrator has no comments for this item. SOUTHLAKE 2025: City Council approved the recommendations made by the Southlake 2025 committee for the Areas B, E, & F study area to include the following changes: 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: March 23, 2006; Approved to table until May 18, 2006. May 18, 2006; Approved (5-0) as presented. STAFF COMMENTS: At the time of submittal, an application for “SF-1A” zoning did not require submittal of a concept plan. No review summary was created for this item. N:\Community Development\MEMO\2006cases\06-045Z.doc Case No. Attachment A ZA 06-045 Page 2 Case No. Attachment B ZA 06-045 Page 1 Surrounding Property Owners 520 W. Highland St Owner Zoning Land Use Acreage 1.Richardson, Sallye Ann SF-1A Low Density Residential 5.0 2.Hughes, Kent C & Roxanne SF-1A Low Density Residential 1.0 3.Kuelbs, John & Tyler SF-1A Low Density Residential 4.0 4.Gray, Robert & Sara SF-1A Low Density Residential 2.0 5.Gaines, Robert & Beverly SF-1A Low Density Residential 2.34 6.Marks, William & Jill SF-1A Low Density Residential 2.0 7.Arnold, Mary RE Low Density Residential 2.96 8.Gray, Robert & Sara RE Low Density Residential 2.0 9.Raley, Timothy & Jennie AG Low Density Residential 1.0 10.Seebeck, Doreen AG Low Density Residential 2.0 11.Raley, Timothy & Jennie AG Low Density Residential 2.0 Case No. Attachment C ZA 06-045 Page 1 Surrounding Property Owners Opposition 520 W. Highland St Area of Opposition 41.6448 % Case No. Attachment C ZA 06-045 Page 1 Surrounding Property Owner Responses Portion of Lot 1, Block 1, Arnold Estates Notices Sent: Ten (10) Responses Received: None (3)  Timothy Raley, 440 W. Highland St, filed an official opposition petition with the City on March 22, 2006  Paula Marshall, 1300 Shady Oaks Dr, wrote a letter in support of the case; received 3/23/06.  Tina Wasserman, 520 W. Highland St, filed an official opposition petition with the City on May 23, 2006 with a supporting letter from Jay Wasserman on May 18, 2006. Case No. Attachment D ZA06-045 Page 1 Case No. Attachment D ZA06-045 Page 2 Case No. Attachment D ZA06-045 Page 3 Case No. Attachment D ZA06-045 Page 4 Case No. Attachment D ZA06-045 Page 5 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-492 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 A PORTION OF LOT 1, BLOCK 1, ARNOLD ESTATES, BEING APPROXIMATELY 2.00 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE 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 “RE” Single Family Residential Estate 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 Case No. Attachment E ZA06-045 Page 1 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 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 Case No. Attachment E ZA06-045 Page 2 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 a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.00 acres, and more fully and completely described in Exhibit “A” from “RE” Single Family Residential Estate District to “SF-1A” Single Family Residential District. 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. Case No. Attachment E ZA06-045 Page 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. 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 Case No. Attachment E ZA06-045 Page 4 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 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. Case No. Attachment E ZA06-045 Page 5 PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2006. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2006. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA06-045 Page 6 EXHIBIT “A” Being a portion of Lot 1, Block 1, Arnold Estates, an addition to the City of Southlake, Tarrant County, Texas, as recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, being approximately 2.00 acres. Case No. Attachment E ZA06-045 Page 7