Item 6D
Department of Planning & Development Services
S T A F F R E P O R T
November 28, 2007
ZA07-143
CASE NO:
Zoning Change and Concept Plan for the Oren Residence (2050 Shady
PROJECT:
Oaks Drive)
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.
1. Conduct public hearing
ACTION NEEDED:
nd
2. Consider approval of 2 reading for zoning change and concept plan
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
ASSESSMENT: Master Thoroughfare Plan
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.
Case No. Attachment A
ZA 07-143 Page 1
DRAINAGE ANALYSIS: This property drains from west to east to the drainage channel along
the front of the property adjacent to Shady Oaks Drive.
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.
COUNCIL ACTION: November 20, 2007; Approved (6-0) 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
ZA 07-143 Page 1
Narrative Letter
Case No. Attachment C
ZA 07-143 Page 1
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
Low Density Residential
1.
Davis Gordon Wayne SF1-A 100 Year Flood Plain 9.99369613
Low Density Residential
2.
Spickler, Dennis G Etux Esther SF1-A 100 Year Flood Plain8.17
Low Density Residential
3.
Orr, Brett W SF1-A 100 Year Flood Plain4.96
Low Density Residential
4.
Oren, Stephen J Etux Danielle SF1-A 100 Year Flood Plain4.489
Low Density Residential
5.
Neill, Rosemma & Kay V Gunn SF1-A 100 Year Flood Plain1.499
Low Density Residential
6.
Dragan, Joseph Etux Diane SF1-A 100 Year Flood Plain2.111
Low Density Residential
7.
Wayland, Cheryl Renee SF1-A 3.051
Low Density Residential
8.
Armstrong, Todd Etux Kay SF1-A 6.575
Low Density Residential
9.
Duggins, James L Etux Joy SF1-A 6.605
Low Density Residential
10.
Elliott, Bryan Etux Tracy SF1-A 7.272
Low Density Residential
11.
Goza, Timothy D SF1-A 4.859
Low Density Residential
12.
Paxton, John F & Deborah K SF1-A 5.059
Low Density Residential
13.
O'Neal, James P SF1-A 3.983
Low Density Residential
14.
Lepp, Jeffery Scott Etux Jodi SF1-A 3.314
Low Density Residential
15.
Friedland, Lewis D Etux Edith RE 6.797
Low Density Residential
16.
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
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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
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 D1, 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 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.
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
ZA07-143 Page 7
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
Case No. Attachment F
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Site Plan Exhibit
Case No. Attachment F
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Aerial Exhibit
Case No. Attachment F
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