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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 ZA 07-143 Page 2 Case No. Attachment B ZA 07-143 Page 1 Narrative Letter Case No. Attachment C ZA 07-143 Page 1 Site Plan Exhibit Case No. Attachment C ZA 07-143 Page 2 Aerial Exhibit Case No. Attachment C ZA 07-143 Page 3 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 ZA 07-143 Page 1 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 ZA 07-143 Page 1 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 ZA07-143 Page 1 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. Case No. Attachment F ZA07-143 Page 3 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 ZA07-143 Page 4 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 ZA07-143 Page 5 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 ZA07-143 Page 6 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 ZA07-143 Page 7 EXHIBIT “B” Narrative Letter Case No. Attachment F ZA07-143 Page 8 Site Plan Exhibit Case No. Attachment F ZA07-143 Page 9 Aerial Exhibit Case No. Attachment F ZA07-143 Page 10