Item 7A
Department of Planning & Development Services
S T A F F R E P O R T
December 12, 2007
ZA07-152
CASE NO:
Zoning Change and Concept Plan for 1275 Shady Oaks Drive
PROJECT:
REQUEST: Robert Gray is requesting approval of a zoning change and concept plan from
“RE” Single Family Residential Estate District and “SF-1A” Single Family
Residential District to “SF-2” Single Family Residential District on
approximately 4.30 acres of land.
The area consists of 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 and a 2 acre platted lot to the west.
The applicant is not proposing any changes to the property at this time but
has identified an area for recovering a stock pond on the property. The
applicant has provided an aerial photo exhibit and boundary exhibit which are
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. 480-541
(G) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Dennis Killough (748-8072)
Case No.
ZA07-152
BACKGROUND INFORMATION
OWNER/APPLICANT: Robert Gray
PROPERTY SITUATION: 1275 Shady Oaks Drive
LEGAL DESCRIPTION: Lot 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres
Addition
LAND USE CATEGORY: Low Density Residential
CURRENT ZONING: “RE” Single Family Residential Estate District & “SF-1A” Single Family
Residential District
REQUESTED ZONING: “SF-2” Single Family Residential District
HISTORY: -A plat Revision for this lot in Burnett Acres was approved in March of
1984;
-“SF-1A” zoning was placed on the property in Burnett Acres with the
adoption of the current Comprehensive Zoning Ordinance No. 480
-A change of zoning to “RE” for Arnold Estates 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 for Arnold Estates was approved by City Council on
February 20, 1990.
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 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 fronts along Shady Oaks Drive and has access by way of a
private ingress-egress easement filed of record onto W. Highland
Street. The access to the rear of the property from Shady Oaks is
inhibited by a creek crossing.
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
Case No. Attachment A
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not expected to warrant expansion of the existing roadway network.
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.
WATER & SEWER: A 6-inch water line exists along the south side of W. Highland Street
and west side of Shady Oaks. No sanitary sewer lines exist in the
immediate area. The lot is currently served by a private on-site sewer
system.
TREE PRESERVATION: The Landscape Administrator has no comments for this item.
SOUTHLAKE 2025: 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: December 6, 2007; Approved (7-0) 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\07-152ZCP.doc
Case No. Attachment A
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Case No. Attachment B
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Aerial Exhibit
Case No. Attachment C
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Boundary Exhibit
Case No. Attachment C
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Surrounding Property Owners
1275 Shady Oaks Drive
SPO Owner Zoning Land Use Acreage
#
1. Low Density residential
Wasserman, Jay RE 1.71
2. Low Density residential
Wasserman, Jay RE 1.39
3. Low Density residential
Gray, Robert J Etux Sara J RE 2.01
4. Low Density residential
Dahlson, Richard Etux Anne SF1-A 6.039
5. Low Density residential
Marshall, L E Etux Paula R SF1-A 2.522
6. Low Density residential
Bedford, Mark D Etux Ann SF1-A 4.95
7. Low Density residential
Richardson, Sallye Ann SF1-A 4.85
8. Low Density residential
Hughes, Kent C Etux Roxanne K SF1-A 5.41
9. Low Density residential
Gray, Robert J Etux Sara J SF1-A 2.30
10. Low Density residential
Gaines, Robert K Etux Beverly SF1-A 2.18
11. Low Density residential
Marks, William M Etux Jill Y SF1-A 2.33
12. Low Density residential
Ledak, Gary M Etux Kathryn SF1-A 1.37
13. Low Density residential
Raley, Timothy & Jennie Bohart AG 0.99
14. Low Density residential
Raley, Timothy & Jennie Bohart AG 2.05
Case No. Attachment D
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Surrounding Property Owner Responses
1275 Shady Oaks Drive
Notices Sent: Fourteen (14).
Responses Received: One (1).
Jay Wasserman (SPO #1 & 2),
520 W Highland St., submitted a Notification Response
Opposition
Form in on December 3, 2007 (see attached).
Case No. Attachment E
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Case No. Attachment E
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-541
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 1B,
BLOCK 1, ARNOLD ESTATES & LOT 2B2A, BLOCK 1, BURNETT
ACRES ADDITION, BEING APPROXIMATELY 4.30 ACRES, AND
MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A”
FROM “RE” SINGLE FAMILY RESIDENTIAL ESTATE DISTRICT
AND “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 “RE” Single Family
Case No. Attachment F
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Residential Estate District and “SF-1A” Single Family 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 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1,
Burnett Acres Addition, an addition to the City of Southlake, Tarrant County, Texas,
according to the plats recorded in Cabinet ‘A’, Slide 387 and Volume 388-171, Page
Case No. Attachment F
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21, Plat Records, Tarrant County, Texas, being approximately 4.30 acres, and more
fully and completely described in Exhibit “A” from “RE” Single Family Residential
Estate District and “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
particular uses and with a view of conserving the value of buildings and encouraging the most
Case No. Attachment F
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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
until final disposition by the courts.
SECTION 9.
Case No. Attachment F
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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
Case No. Attachment F
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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 1B, Block 1, Arnold Estates & Lot 2B2A, Block 1, Burnett Acres
Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plats
recorded in Cabinet ‘A’, Slide 387 and Volume 388-171, Page 21, Plat Records, Tarrant County,
Texas, being approximately 4.30 acres.
Case No. Attachment F
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EXHIBIT “B”
Aerial Exhibit
Case No. Attachment F
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Boundary Exhibit
Case No. Attachment F
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