Department of Planning & Development Services
STAFF REPORT
April 17, 2015
CASE NO:
ZA15-014
PROJECT:
Zoning Change and Concept Plan for 1860 Sunshine Ln.
EXECUTIVE
SUMMARY:
REQUEST:
On behalf of Adam Jaberi, Charles Starnes is requesting approval of a Zoning Change
and Concept Plan for 1860 Sunshine Lane on property described as 3A1F5, Frances
Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas
and located at 1860 Sunshine Ln., Southlake, Texas. Current Zoning: “SF-1A" Single
Family Residential District. Proposed Zoning: "SF-20A" Single Family Residential
District. SPIN Neighborhood # 4.
The applicant is requesting approval of a Zoning Change and Concept Plan from “SF1A” Single Family Residential District to ‘SF-20A” Single Family Residential District for
1860 Sunshine Lane. The applicant would like to tear down the existing home on the
property that was constructed in 1971 and build a new home. Before a building permit
can be issued for the new home, a plat must be approved and recorded with the
County. A plat cannot be approved with the current “SF-1A” zoning that is in place
because the platted lot must conform to all underlying zoning regulations and the
existing lot size does not meet the minimum lot area that is required in the “SF-1A”
zoning district, which is 43,560 square feet, or one acre. The existing lot area is
approximately 28,808 square feet, or 0.661 acres. The request is for a zoning change
to the “SF-20A” Single Family Residential District, which requires a minimum lot area
of 20,000 square feet. If the zoning change is approved, a one lot plat showing for the
property can be approved by City staff.
The property was annexed into the City in 1957 and given the “AG” Agricultural zoning
designation. A zoning change from “AG” to “A-3” One-Family zoning (Case No. ZA715) was approved June 15, 1971 with an exhibit showing the three tracts abutting
Shumaker Ln. as they exist today. The “A-3” zoning in Zoning Ordinance No. 161,
which was in effect at the time of rezoning, required a minimum lot size of 10,000
square feet for lots that were not served by City sewer. A plat was never recorded with
the County to divide the 2.92 acre parent tract into the three tracts as shown on the
exhibit. The existing residence was built in 1971 according to Tarrant Appraisal
District. The property was given the “A-3” Single Family Residential zoning designation
with the adoption of Zoning Ordinance No. 261-A in 1981. At that time, the minimum
lot size for the “A-3” zoning district was changed to 43,560 square feet (one acre). The
property was given the “SF-1” Single Family Residential zoning designation with the
adoption of Zoning Ordinance No. 334 in 1986. The minimum lot size in the “SF-1”
zoning discrict was also 43,560 square feet (one acre). The property was given the
“SF-1A” Single Family Residential zoning designation with the adoption of Zoning
Ordinance No. 480 and the official zoning map in 1989. The minimum lot size for “SF-
Case No.
ZA15-014
1A” zoning remained at 43,560 square feet (one acre).
The 2030 Land Use designation on the property is Low Density Residential, which
requires a net density of one or fewer dwelling units per acre. The applicant is
requesting to allow the approximately 28,808 square foot (0.661 acre) lot to be
rezoned to SF-20 while retaining the Low Density Residential Land Use designation
since the existing tract is not being further subdivided.
VARIANCE
REQUESTED:
Tree Preservation Ordinance No. 585-D requires a minimum of 60% of the existing
tree canopy to be preserved. The applicant is requesting a variance to allow 56% of
the existing tree cover to be preserved as shown on the plan.
ACTION NEEDED:
1) Conduct a public hearing
2) Consider approval of a Zoning Change and Concept Plan
ATTACHMENTS:
(A)
(B)
(C)
(D)
(E)
STAFF CONTACT:
Richard Schell (817) 748-8602
Dennis Killough (817) 748-8072
Case No.
ZA15-014
Background Information
Vicinity Map
Plans and Support Information – Link to PowerPoint
Concept Plan Review Summary No. 2, dated April 15, 2015
Surrounding Property Owners Map and Responses
BACKGROUND INFORMATION
OWNER:
Adam and Wanda Jaberi
APPLICANT:
Charles G. Starnes
PROPERTY SITUATION:
1860 Sunshine Ln.
LEGAL DESCRIPTION:
Tract 3A1F5, Francis Throop Survey, Abstract No. 1511
LAND USE CATEGORY:
Low Density Residential
CURRENT ZONING:
“SF-1A” – Single Family Residential District
HISTORY:
- The property was annexed into the City in 1957 and given the “AG”
Agricultural zoning designation.
- A zoning change from AG to A-3 One-Family zoning (Case No. ZA71-5) was
approved June 15, 1971 with an exhibit showing the three tracts as they exist
today. The A-3 zoning in Zoning Ordinance No. 161, which was in effect at the
time of rezoning, required a minimum lot size of 10,000 square feet for lots that
were not served by City sewer. A plat was never recorded with the County to
divide the 2.92 acre parent tract into the three tracts as shown on the exhibit.
- The existing residence was built in 1971 according to Tarrant Appraisal
District.
- The property was given the A-3 Single Family Residential zoning designation
with the adoption of Zoning Ordinance No. 261-A in 1981. The minimum lot
size for A-3 zoning was changed to 43,560 square feet (one acre).
- The property was given the SF-1 Single Family Residential zoning
designation with the adoption of Zoning Ordinance No. 334 in 1986. The
minimum lot size for SF-1 zoning was also 43,560 square feet (one acre).
- The property was given the SF-1A Single Family Residential zoning
designation with the adoption of Zoning Ordinance No. 480 and the official
zoning map in 1989. The minimum lot size for SF-1A zoning remained 43,560
square feet (one acre).
- A variance to Ordinance No. 480, Section 11.5(f), requiring a minimum lot
area of 43,560 square feet and a Variance to Ordinance No. 480, Section
11.5(i), requiring a maximum residential density of one dwelling unit per acre to
allow a lot size of approximately 0.68 acres and an overall residential density
of 1.368 dwelling units per acre were denied by the Zoning Board of
Adjustment on November 13, 2014.
PATHWAYS
MASTER PLAN:
The Southlake Pathways Master Plan shows future sidewalks < 8’ on both
sides of Sunshine Ln. The property is exempt from providing a 4’ sidewalk
along both street frontages since it is being platted as a single lot of record
and there are not sidewalks on both sides of the lot or a school within 1,500
feet on the same side of the street.
WATER & SEWER:
The site will be serviced by a 6” water line in Sunshine Lane and an 8” water
line and an 8” sewer line in Shumaker Lane.
TREE PRESERVATION:
There is approximately 36% existing tree canopy cover on the site. The Tree
Case No.
ZA15-014
Attachment A
Page 1
Preservation Ordinance requires a minimum of 60% of the existing tree
canopy to be preserved if the site has 20.1% to 40% existing tree cover. The
Tree Conservation Plan shows approximately 56% of the existing tree cover to
be preserved, so the applicant is requesting a variance to allow the 56% to be
preserved as shown on the plan.
STAFF COMMENTS:
Case No.
ZA15-014
Concept Plan Review Summary No. 2 dated April 15, 2015 is attached.
Attachment A
Page 2
Case No.
ZA15-014
Attachment B
Page 1
CONCEPT/TREE CONSERVATION PLAN
Case No.
ZA15-014
Attachment C
Page 1
EXISTING SURVEY
Case No.
ZA15-014
Attachment C
Page 2
CONCEPT PLAN REVIEW SUMMARY
Case No.: ZA15-014
Review No.: Two
Date of Review: 04/15/15
Project Name: Concept Plan – 1860 Sunshine Lane
APPLICANT: Charles Starnes
CE-TEX, Inc.
204 W. Nash St.
Grapevine, TX 76051
Phone: (817) 366-6955
OWNER: Adam and Wanda Joberi
3309 Lexington Ave.
Grapevine, TX 76051
Phone:
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON
04/01/15 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY
MADE CONDITIONS OF SITE PLAN APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY
COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED FURTHER CLARIFICATION, PLEASE CONTACT
RICHARD SCHELL AT (817) 748-8602.
1.
The Tree Conservation Plan indicates that 60% of the existing tree cover is required to be
preserved and approximately 56% is shown to be preserved. The applicant is requesting a
variance to allow 56% of the existing tree cover to be preserved.
2.
Provide a small scale location map.
3.
Label and Dimension the full width of the right of way from the property corners to the platted
properties across Sunshine and Shumaker and to the centerlines of Sunshine and Shumaker.
Both adjacent streets are local streets with 50’ of right of way. Please see the plats for adjacent
properties for examples of how the rights of way should be dimensioned. When Lots 31 and 32, F.
Throop , No 1511 Addition were platted to the west across Shumaker, the existing tract boundary
was shown to be 21’ from the centerline of Sunshine and additional right of way dedication was
required (note: since that plat was filed, the right of way requirement was changed from 60’ to 50’).
Please verify that adequate right of way exists or dedicate the required right of way for both
adjacent streets.
Landscape Administrator Review
Keith Martin
Landscape Administrator
Phone: (817) 748-8229
E-mail: [email protected]
TREE CONSERVATION COMMENTS:
*
Please be aware that all existing trees shown to be preserved on the City Council approved Tree
Conservation Plan must be preserved and protected during all phases and construction of the
development. Alteration or removal of any of the existing trees shown to be preserved on the
approved Tree Conservation Plan is a violation of the Tree Preservation Ordinance and the zoning as
approved by the Southlake City Council. Please ensure that the layout of all structures, easements,
utilities, structures grading, and any other structure proposed to be constructed do not conflict with
existing trees intended to be preserved.
Case No.
ZA15-014
Attachment D
Page 1
Fire Department Review
Kelly Clements
Assistant Fire Marshal
Phone: (817) 748-8671
E-mail: [email protected]
No comments based on submitted information.
General Informational Comments
*
Lots platted as a single lot of record are exempt from the Subdivision Ordinance requirement for a
sidewalk unless sidewalks are existing on both sides of the lot or the lot is within 1,500 feet of a
public or private school and is on the same side of the street. No sidewalk is required for this
property on either street frontage.
*
All lighting must comply with the Lighting Ordinance No. 693, as amended.
*
All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment
Control Ordinance No. 946, as amended.
*
The applicant should be aware that prior to issuance of a building permit a Plat must be
processed and filed in the County Plat Records, a fully corrected concept plan and building plans
must be submitted for approval and all required fees must be paid. This may include but not be
limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap
Fees, and related Permit Fees.
*
Denotes Informational Comment
Case No.
ZA15-014
Attachment D
Page 2
SURROUNDING PROPERTY OWNERS
SPO #
Owner
Address
Acreage Response
NR
1.
Banerjee, Subhasis Etux Haiman
1810 E DOVE RD
1.15
NR
2.
Webb, David S
1855 E DOVE RD
1.13
NR
3.
Shafi, Mazufer Etux Taherah A
1861 SUNSHINE LN
3.27
NR
4.
Lindamood, Jake W Etux Anne R
1821 SUNSHINE LN
5.62
NR
5.
Korol, Matt Etux Theodora
1746 SHUMAKER LN
0.65
NR
6.
Berganza, Jose
1890 E DOVE RD
0.73
NR
7.
Cosgrove, Sue Ann
1750 SHUMAKER LN
0.68
NR
8.
Jaberi, Adam A
1860 SUNSHINE LN
0.69
NR
9.
Garrett, Louise R
1747 SHUMAKER LN
1.84
NR
10.
Meagher, Clifford
1880 E DOVE RD
0.80
NR
11.
Meagher, Clifford
1886 E DOVE RD
0.71
NR
12.
Vining, Daniel E Etux Paula L
1810 SUNSHINE LN
1.07
Responses: F: In Favor O: Opposed To
U: Undecided
NR: No Response
Notices Sent: Twelve (12)
Responses Received: None (0)
Case No.
ZA15-014
Attachment E
Page 1