Item 4KCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
November 14, 2007
ZA07-143
CASE NO:
Zoning Change and Concept Plan for the Oren Residence (2050 Shady Lane)
PROJECT:
REQUEST: Stephen Oren is requesting approval of a zoning change and concept plan from “SF-
1A” Single Family Residential District to “SF-2” Single Family Residential District for a
single platted lot of approximately 4.48 acres.
The applicant is not proposing any changes to the property at this time. The applicant
has provided a narrative letter, site exhibit, and aerial photo exhibit which are all
included in Attachment C of this report. Due to the limited scope of this request, no
review summary was created for this item.
Consider first reading for a zoning change and concept plan
ACTION NEEDED:
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. 480-540
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA 07-143
BACKGROUND INFORMATION
OWNER/APPLICANT: Stephen Oren
PROPERTY SITUATION: 2050 Shady Oaks Drive
LEGAL DESCRIPTION: Lot D1, Block 1, Old Orchard Country Estates
LAND USE CATEGORY: Low Density Residential & 100 Year Floodplain with “RC” Rural Conservation
Optional Land Use
CURRENT ZONING: “SF-1A” Single Family Residential District
REQUESTED ZONING: “SF-2” Single Family Residential District
HISTORY: -The City approved the zoning from “AG” to “A-3” on January 3, 1978.
-A Plat Showing was approved and filed by the City in January, 1978.
-The current zoning of “SF-1A” was placed on the property with the approval
of the current Zoning Ordinance No. 480 on September 19, 1989.
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
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 request is not expected to warrant expansion of the existing roadway
network.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan does not make any recommendations
adjacent to this site. A minimum 8-foot multi-use paved trail along the east side
of Shady Oaks is shown on the Pathways Master Plan.
WATER & SEWER: A 6-inch water line exists along the west side of Shady Oaks Drive. A 12-inch
sanitary sewer line exists along Shady Oaks Drive.
DRAINAGE ANALYSIS: This property drains from west to east to the drainage channel along the front
of the property adjacent to Shady Oaks Drive.
Case No. Attachment A
ZA 07-143 Page 1
TREE PRESERVATION: The Landscape Administrator has no comments. No trees are proposed to be
removed.
SOUTHLAKE 2025: Land Use Recommendations
Existing land use designations – Low Density Residential with oprional Rural
Conservation. 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: November 8, 2007; Approved (7-0) subject to the staff report 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\07-143ZCP.doc
Case No. Attachment A
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Case No. Attachment B
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Narrative Letter
Case No. Attachment C
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Site Plan Exhibit
Case No. Attachment C
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Aerial Exhibit
Case No. Attachment C
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Surrounding Property Owners
Oren Residence
2050 Shady Lane
16
SPO # Owner Zoning Land Use Acreage
1. Low Density Residential
Davis Gordon Wayne SF1-A 100 Year Flood Plain 9.99369613
2. Low Density Residential
Spickler, Dennis G Etux Esther SF1-A 100 Year Flood Plain 8.17
3. Low Density Residential
Orr, Brett W SF1-A 100 Year Flood Plain 4.96
4. Low Density Residential
Oren, Stephen J Etux Danielle SF1-A 100 Year Flood Plain 4.489
5. Low Density Residential
Neill, Rosemma & Kay V Gunn SF1-A 100 Year Flood Plain 1.499
6. Low Density Residential
Dragan, Joseph Etux Diane SF1-A 100 Year Flood Plain 2.111
7. Low Density Residential
Wayland, Cheryl Renee SF1-A 3.051
8. Low Density Residential
Armstrong, Todd Etux Kay SF1-A 6.575
9. Low Density Residential
Duggins, James L Etux Joy SF1-A 6.605
10.Low Density Residential
Elliott, Bryan Etux Tracy SF1-A 7.272
11.Low Density Residential
Goza, Timothy D SF1-A 4.859
12.Low Density Residential
Paxton, John F & Deborah K SF1-A 5.059
13.Low Density Residential
O'Neal, James P SF1-A 3.983
14.Low Density Residential
Lepp, Jeffery Scott Etux Jodi SF1-A 3.314
15.Low Density Residential
Friedland, Lewis D Etux Edith RE 6.797
16.Low Density Residential
Shallow North No 1 Lp AG 5.637
Case No. Attachment D
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Surrounding Property Owner Responses
Oren Residence
2050 Shady Lane
Notices Sent: Sixteen (16).
Responses Receive: One (1).
Cheryl Wayland (SPO #7),
701 W Dove Rd., submitted a Notification Response Form in
Opposition
on November 6, 2007 (see attached).
Case No. Attachment E
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Case No. Attachment E
ZA 07-143 Page 2
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 D1,
BLOCK 1, OLD ORCHARD COUNTRY ESTATES, BEING
APPROXIMATELY 4.48 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
Residential District under the City’s Comprehensive Zoning Ordinance; and,
Case No. Attachment F
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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 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
Case No. Attachment F
ZA07-143 Page 2
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 D1, 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 4.48 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.
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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 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.
Case No. Attachment F
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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.
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.
Case No. Attachment F
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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:
________________________________
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 D1, 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 4.48 acres.
Case No. Attachment F
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EXHIBIT “B”
Narrative Letter
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Site Plan Exhibit
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Aerial Exhibit
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