To: Mark Hafner, City Manager
From: Michele Berry, Senior Planner
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Zoning Change from SF-15 (Single Family Residential-15,000 square foot minimums) to SF-36 (Single Family Residential-36,000 square foot minimums), for a single-family acreage lot, being Lot 4, Block A, Frank Lane Estates, located on the south side of Frank Lane, approximately 1,000 feet east of Whitley Road, at 128 Frank Lane. Kimberly and Carl Urbanski, owners/applicants. (Z-17-0010)
Action Requested:
Conduct a public hearing and consider an ordinance approving a Zoning Change from SF-15 (Single Family Residential-15,000 square-foot minimum) to SF-36 (Single Family Residential-36,000 square foot minimum).
Current Zoning:
SF-15 (Single Family Residential-15,000 square foot minimum)
Proposed Zoning:
SF-36 (Single Family Residential-36,000 square foot minimum)
Future Land Use Plan:
The Future Land Use Plan designation for this property is currently MD-SF (Medium-Density Single-Family-15,000 to 24,999 square foot lots). The requested zoning change is for a larger lot and less intensive use than called for in the Future Land Use Plan. No amendment is necessary.
Background:
In 1992 the south side of Frank Lane was zoned SF-15 and the north side was zoned SF-LD. During this rezoning process, the original drafts for public comment show both sides to be zoned SF-LD. The Planning and Zoning Commission at the time recommended the south side be zoned SF-15 and that district was eventually adopted.
The property was platted on October 23, 1998. A home was constructed in 2002 according to the Tarrant County Appraisal district.
A Specific Use Permit was issued for a 1,530 square foot garage in 2006 (Ordinance No. 1343). This ordinance is attached for reference.
A permit for a metal loafing shed was issued in 2014, Permit No. MISC14-0392. Per the UDC, a metal agricultural structure is only allowed in the SF-36 zoning district. The permit was issued with the comments “no elect. plumbing, mech.”, “no storage”, “cannot be enclosed on all four sides”, and “ag. use only”. However, staff cannot identify by what ordinance this was approved at the time.
The loafing shed blew down in the spring of 2017 and the applicant applied for a permit to reconstruct the metal shed. Staff cannot issue the permit as it does not meet the UDC criteria for materials matching the primary structure.
The existing home on the property has approximately 4,220 square feet under roof. The combined area of the shed and garage does not exceed fifty percent (50%) of the home area.
Proposed Uses:
This is a straight zoning change request so the permitted uses may not be amended. There are few differences in uses between the SF-15 and SF-36 zoning district. The most notable involve stables and the size of accessory structures permitted by right. The applicant does keep horses and desires to have accessory structures for the horses and agricultural use of the property.
The primary differences are:
• In SF-15, accessory buildings over 800 square feet require a SUP, whereas in SF-36 buildings may be 1,200 square feet before a SUP is required.
• Commercial stables are permitted by SUP and private stables are permitted by right in SF-36 whereas they are not permitted in SF-15.
A comparison table showing all allowed uses in the SF-15 and SF-36 zoning district is included in the “Staff Attachment”.
Analysis:
The purpose of this zoning change application is to change the current zoning designation from SF-15 to SF-36 for this property. This will allow the applicant to reconstruct the loafing shed for agricultural uses. Both zoning district regulations are included in the “Staff attachment”.
A variance could also be used to allow the 432 square-foot loafing shed to be built out of metal. This variance would only apply to this structure. Any other structures may be required to request a similar variance or Specific Use Permit (SUP) depending on the size and design.
The applicant is requesting a rezoning to better reflect the residential and agricultural use of the property. In the short term, this will permit staff to issue the permit for the loafing shed. In the long term, the development guidelines for the SF-36 district better reflect and support the current agricultural uses planned to continue by allowing for larger structures without a SUP, allowing for additional agricultural structures of 120 square feet or less, and allowing metal elevations on agricultural structures.
Site Design:
The area regulations would become more restrictive with the proposed zoning change. As this is a straight zoning change request, the standards could not be amended. A table comparing the area regulations is provided in the “Staff Attachment”.
The current lot exceeds lot depth standard of two-hundred feet (200’) and lot area standards of 36,000 square feet but is not one hundred and forty feet (140’) wide. If this zoning change were to be approved, then the lot would become a legally non-conforming lot per Section 8.02 (A.2.b). Per the UDC, conforming single-family residential uses on platted lots or unplatted tracts approved prior to this Code, which may now be non-conforming due to stricter standards or right-of-way dedications/takings, shall be deemed in conformance with this Code as long as the use of the lot is allowed in the respective district. Only the lot size, depth, width, and setbacks shall be allowed to be less than the regulations prescribed in the zoning district in which it is located. All other regulations of this Code shall be met or the lot shall be considered non-conforming.
The non-conforming status would prevent the lot from being subdivided in the future. The uses on the property today would be conforming and any future developments would still be required to meet the setback and development standards of the SF-36 zoning districts.
Elevations:
Development standards for the primary residence are the same in each district and require eighty-percent (80%) masonry construction.
Accessory Structures:
One of the primary reasons for this request is that the SF-36 zoning district regulations allow for agriculturally oriented accessory structures. Two provisions in Section 8.06 (A.1.e) apply to accessory structures in the SF-36 zoning district:
1) In Single Family-Low Density zoning districts (SF-36), accessory buildings of five hundred (500) square feet or less may be constructed using lightweight masonry siding and/or lightweight masonry soffit boards as defined in the Definitions section of this Code and/or manufactured pre-finished wood siding, in lieu of other masonry construction materials.
2) The use of exposed metal exterior walls and finishes shall be allowed only for barns and agricultural structures in the SF-36 zoning district. The use of storage containers shall not be allowed.
These provisions allow structures in the SF-36 zoning district to be built out of lightweight siding if fewer than 500 square feet or metal if for agricultural purposes. These provisions do not apply to the SF-15 zoning district where all accessory structures over 200 square feet must be constructed of the same materials as the main home.
The SF-36 zoning district also gives the provision that:
“A maximum of two (2) detached accessory buildings are permitted on any lot/tract. Structures for agricultural purposes only, such as shade structures, one hundred twenty (120) square feet or less are excluded from this maximum, but are included in consideration of maximum impervious coverage.”
Other zoning districts are not given the exception for agricultural structures less than one hundred twenty (120) square feet. This zoning change would allow the applicant the option of having smaller structures to support agricultural uses on the property without requesting a SUP for each.
Other standards for accessory structures will continue to apply, such as the limit on the square footage of combined accessory structures not exceeding fifty percent (50%) of the area of the main home.
The sections of the UDC that apply to agricultural buildings are attached, Section 8.06 Building Design & Development Standards and Section 8.10 Accessory Buildings and Use Regulations.
Drainage & Utilities:
There are no proposed improvements for the purpose of this zoning change request. No changes to requirements regarding drainage plans with permits would be impacted by this request. Drainage plans will be reviewed and comply with UDC requirements at time of plat and building permit application.
Trip Generation:
The property will still contain one home, no changes to current trip generation.
Existing Roadway Access:
Frank Lane, a two (2) lane residential street.
Surrounding Zoning & Land Uses:
North: Single Family Homes, zoned SF-36
South: Single Family Homes, zoned SF-36
East: Single Family Homes, zoned SF-15
West: Single Family Homes, zoned SF-15
Request:
Zoning Change from SF-15 (Single Family-15,000 square-foot minimum) to SF-36 (Single Family-36,000 square foot minimum). No variances can be request or proposed as this is a straight zoning change request.
Summary:
Section 8.02 (D.1.e) of the UDC states that when considering a zoning change request, the Planning and Zoning Commission and City Council shall consider the following factors:
1) Whether the uses permitted by the proposed change will be appropriate in the immediate area concerned and their relationship to the general area and the City as a whole, and in compliance with the Future Land Use Plan.
The applicant is proposing the zoning district of SF-36. The character of the area is large lot residential with some agricultural uses. Properties to the north and south are zoned SF-36. The proposed zoning district is appropriate in the immediate area.
The Future Land Use plan calls for Medium Density Residential, or lots 15,000 square feet to 24,999 square feet. As the proposed district is less intense than what is permitted under the Future Land Use Plan no amendment to the Future Land Use plan is required. The surrounding properties zoned SF-36 are also shown as Medium Density on the Future Land Use Plan.
It is unlikely the property would be redeveloped with smaller lots per the Future Land Use Plan as any developer would need to acquire multiple lots and the improvement values on many of these lots exceeds the land value per Tarrant County Appraisal District. This makes redevelopment with smaller lots practically and economically challenging.
2) Whether the proposed change is in accord with any existing or proposed plans for providing streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings.
There are adequate utility services currently serving this property.
3) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development.
There is very little vacant residential land left in Keller zoned SF-36, and even less in the vicinity of the subject property.
4) The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change.
Most of the lots in the area have been developed as single-family residences. This request would prevent this lot from being subdivided for future development.
5) How other areas designated for similar development will be, or are unlikely to be, affected if the proposed amendment is approved.
It is unlikely this proposed amendment would impact development on adjacent properties, unless adjacent properties were acquired and attempted to be subdivided.
6) Any other factors which will substantially affect the health, safety, morals, or general welfare.
Staff does not anticipate any other factors that would affect health, safety, morals or general welfare.
Supporting Documents:
Maps
o Future Land Use Map
o Zoning Map
o Aerial Map
Exhibit A
o Application
o Plat
Staff Attachment
o Ordinance No. 1343
o Permit No. MISC14-0392
o SF-15 Zoning Regulations
o SF-36 Zoning Regulations
o Use Comparison Table
o Area Standards Comparison Table
o Section 8.06 Building Design & Development Standards
o Section 8.10 Accessory Buildings and Use Regulations
o Property Photographs
Citizen Input:
On June 16, 2017, as required by State law, the City mailed out eleven (11) letters of Notifications for a Public Hearing to all property owners within three hundred feet (300’) of the subject site, Keller Independent School District and the Harper’s Glen Home Owners Association. A public hearing notice sign was also posted on the site. Notice was published in the Fort Worth Star-Telegram on July 2, 2017. As of July 11, 2017, there have been no responses from the public.
Written Opposition:
State laws and the UDC both state that if written objections are received from twenty percent (20%) of the area of the adjacent property owners extending two-hundred feet (200’) from the subject property, then a three-fourth (¾) vote (super majority is 6 out of 7) is required by City Council for approval of this rezoning request. This request will not require a three-fourth (¾) super majority vote by City Council for approval.
Professional Opinion:
Staff’s professional opinion is to support this Rezoning request.
Board Review:
The Planning and Zoning Commission considered this rezoning request at their June 26, 2017 regular meeting. They voted unanimously (4-0) to recommend approval of the request.
Alternatives:
The City Council has the following options when considering a straight Zoning Change application:
- Approve as submitted
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Deny