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Item 9 - 1395 E. Dove RdCase No. ZA20-0070 S T A F F R E P O R T January 29, 2021 CASE NO: ZA20-0070 PROJECT: Zoning Change and Concept Plan for 1395 E. Dove Rd. EXECUTIVE SUMMARY: On behalf of Manish Lilani, P Custom Homes is requesting approval of a Zoning Change and Concept Plan for 1395 E. Dove Rd. on property described as Tract 4A3, Francis Throop Survey, Abstract No. 1511, City of Southlake, Tarrant County, Texas, and located at 1395 E. Dove Rd., Southlake, Texas. Current Zoning: “AG” Agricultural District. Requested: Zoning: “SF-30” Single Family Residential District SPIN Neighborhood #3. DETAILS: The purpose of this request is to seek approval of a Zoning Change and Concept Plan to allow construction of a new single-family residence in conformance with the “SF-30” Single Family Residential Zoning District. Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-459. The existing approximately 980 square feet barn on the property is proposed to remain. The 2035 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 34,468 square foot (0.79 acre) lot to be rezoned to SF-30 while retaining the Low Density Residential Land Use designation since the existing tract is not being further subdivided. VARIANCE REQUESTED: Subdivision Ord. No. 5.06 requires that a minimum 5’ sidewalk be constructed along the south side of E. Dove Rd. at the time of new home construction. A variance to this requirement is requested. ACTION NEEDED: 1) Conduct a public hearing 2) Consider approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated January 28, 2021 (D) Surrounding Property Owners Map and Responses Presentation Plans STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA20-0070 Page 1 BACKGROUND INFORMATION OWNER: Manish Lilani APPLICANT: P Custom Homes PROPERTY SITUATION: 1395 E. Dove Rd. LEGAL DESCRIPTION: Tract 4A3, Francis Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District. REQUESTED ZONING: “SF-30” Single Family Residential District HISTORY: - The property was annexed into the City in 1957. - The “AG” Agricultural District zoning was placed on the property with the adoption of Ordinance No. 161 and the Official Zoning Map in 1969. - The existing home on the property was built in 1960 (Source: TAD). - Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA- 459. - An approximately 980 square foot accessory building was constructed toward the rear of the property in 2009 (Source: Building Permit). SOUTHLAKE 2035 PLAN: Consolidated Future Land Use Plan The 2035 future land use designation for the site is Low Density Residential. The request to change the zoning to “SF-30” Single Family Residential District is not consistent with this land use designation, but the applicant is requesting to allow the rezoning to “SF-30” while retaining the Low Density Residential designation since the existing tract is not being further subdivided. Purpose: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single- family residential development that promotes the openness and rural character of Southlake. Definition: The Low Density Residential category is for detached single- family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi-Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows a future <8’ sidewalk along the south side of E. Dove Rd. and a 5’ sidewalk is required to be constructed at Case No. Attachment A ZA20-0070 Page 2 the time of new home construction on the property. A variance to this requirement is requested. The Pathways Master Plan shows an existing and future ≥8’ multi-use trail along the N. side of E. Dove Rd. Master Thoroughfare Plan The Master Thoroughfare Plan shows E. Dove Rd. as an undivided two- lane arterial with 88’ of right of way to be improved to a four-lane divided arterial with 88’ of right of way when traffic counts warrant. TRANSPORTATION ASSESSMENT: TREE PRESERVATION: There is approximately 35.8% of existing tree cover on the site and a minimum of 60% of the existing canopy is required to be preserved. Approximately 73.7% is proposed to be preserved. UTILITIES: The property is served by a 12” water line in E. Dove Rd. City sewer is not available to the property, so an on-site sewage facility (OSSF) will be used. Variances to allow 10’ side yard setbacks as shown on the Concept Plan and a septic system on a lot less than one acre were approved by the Zoning Board of Adjustment on May 26, 2005 under Case No. ZBA-459. DRAINAGE: Drainage is generally sheet flow from north to south across the property to a drainage ditch along E. Dove Rd. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this project. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated January 28, 2021. Case No. Attachment B ZA20-0070 Page 1 Case No. Attachment C ZA20-0070 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA20-0070 Review No.: Two Date of Review: 01/28/21 Project Name: Concept Plan – 1395 E. Dove Rd. APPLICANT: Warren Packer OWNER: Manish Lilani P Custom Homes 1680 Prince William Lane 1395 E. Dove Rd. Frisco, TX, 75304 Southlake, TX 76092 Phone: (214) 837-2792 Phone: E-mail: warren@pcustomhomes.com E-mail: maneshlilani@gmail.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 01/19/21 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. Planning Comments 1. All new development must comply with the underlying zoning district. 2. An appropriate plat that conforms to the underlying zoning district must be processed, approved and recorded with the County prior to the issuance of any building permits. 3. Show and dimension the right of way dedication in accordance with the current Master Thoroughfare Plan. The Master Thoroughfare Plan shows E. Dove Rd. as an arterial with 88’ of right of way. Please show the centerline of E. Dove Rd. and show and label the required 44’ dedication from centerline. Show the dimensions from the centerline to both property corners and also dimension the full width dimension across the right of way from both corners. Per Section 5.02D of Subdivision Ord. No. 483, as amended, for a development directly adjacent to a major state or county thoroughfare, the development shall only be required to dedicate such right of way as reasonably relates to the need created by and the benefit received by that development. You have the option of dedicating 25’ of right of way from the centerline and placing the additional property necessary to equal the 44’ dedication, if any, in a Pedestrian Access, Drainage and Utility Easement. The 40’ front building line is to be dimensioned from the 44’ measured from the centerline in either option. * A 10’ Type ‘B’ bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42 is required along E Dove Rd.. The bufferyard and a bufferyard summary chart are provided on the Concept Plan. * All driveways/points of ingress/egress must comply with the Driveway Ordinance No. 634, as amended. Per Driveway Ordinance No. 634, as amended, Section 5.1, a minimum centerline spacing of 100’ is required between residential driveways on an arterial. The minimum required driveway spacing is shown in both directions. * Sidewalks and/or trails in compliance with the Subdivision Ordinance No. 483, as amended Section 5.06 and the Master Pathways Plan are required. The Master Pathways Plan shows a <8’ sidewalk along the south side of E. Dove Rd., so a minimum 5’ wide sidewalk is required to be constructed at the time of new home construction on the property. A variance to the sidewalk requirement is requested. Case No. Attachment C ZA20-0070 Page 2 * For the building permit, provide the type and location of the on-site sewage facilities, including the topography of the site, location of spray fields, all easements, impact on any existing trees, and any additional information required by the authorized agent responsible for on-site sewage facility permitting and inspections. No building permit shall be issued until such plan has been reviewed and approved by the authorized agent nor shall any certificate of occupancy be issued until the system has been properly installed and inspected by the authorized agent. (As amended by Ordinance No. 480-MMM and further amended by Ordinance No. 480-YYY.) * Per Zoning Ordinance No. 480, as amended, Section 39.5.c.4, fences provided or required along arterials or collectors as designated on the Master Thoroughfare Plan shall meet the following requirements: (As amended by Ordinance No. 480-UUU) i) The fence shall be constructed of one of the following: • masonry, • ornamental metal or wrought iron, • stained cedar board-on-board with cap and masonry columns with a maximum of 14 feet from column center to column center, or • some combination of the above, if approved by the Administrative Official. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 Tree Conservation Comments 1. The Concept Plan/Tree Conservation Plan complies with the Existing Tree Cover Preservation Requirements of Table 2.0 within the Tree Preservation Ordinance 585-E, which requires that a minimum 60% of existing canopy be preserved. Approximately 73.7% of existing tree canopy is shown to be preserved. * Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in Case No. Attachment C ZA20-0070 Page 3 public rights-of-way as approved by City Council. * 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. Landscape Comments * A 10’ Type ‘B’ bufferyard in accordance with Zoning Ord. No. 480, as amended, Section 42.4.f is required along E. Dove Rd. The required plantings per 100’ of property line are in the chart below. The bufferyard and a bufferyard summary chart are show on the Concept Plan. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Sandra Endy, P.E. Development Engineer Phone: (817) 748-8033 E-mail: sendy@ci.southlake.tx.us GENERAL COMMENTS: * This review is preliminary. Additional requirements may be necessary with the review of construction plans. * Any private improvements proposed in city right of way may need an encroachment agreement. * Dedicate right-of-way along E. Dove Rd. in conformance with the Master Thoroughfare Plan. Case No. Attachment C ZA20-0070 Page 4 INFORMATIONAL COMMENTS: * New Requirement: Provide Stormwater Pollution Prevention Plan (SWPPP) per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The Environmental Coordinator will review the SWPPP. For instructions on how to complete the review of the SWPPP please refer to the Stormwater Management for Construction Sites in: https://www.cityofsouthlake.com/2237/Stormwater-Management-for-Construction-S. SWPPP shall be submitted by second review of the civil construction plans. *=Denotes informational comment to be completed on the Civil Construction Drawings. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements@ci.southlake.tx.us No comments based on submitted information. General Informational Comments * Staff strongly recommends contacting Jerod Potts in the Planning and Development Services Department to schedule a SPIN meeting. Jerod can be contacted by phone at (817) 748-8195 or by e-mail at jpotts@ci.southlake.tx.us. For more information about SPIN and the SPIN process please go to SouthlakeSPIN.org. * The Development Review Committee (DRC) has determined this pre-submittal is sufficient for formal submittal to the Planning and Zoning Commission subject to completing the changes noted above . The applicant should be aware that a formal submittal for the next scheduled Planning and Zoning Commission meeting must be received at the City by 5:00 p.m. on January 19, 2021. A pdf of each plan must be submitted. If not received before the deadline, the item will be moved to a later P&Z agenda. If any significant changes, other than those noted above are made to the submittal, the plan could be withheld from processing until a later meeting or remanded back to the Development Review Committee for review. * 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 site plan, landscape plan, irrigation 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to Case No. Attachment C ZA20-0070 Page 5 review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * Denotes Informational Comment Case No. Attachment D ZA20-0070 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES Owner Zoning Physical Address Acreage Response 1. MUZAFFAR, CHAUDHRY SF1-A 1220 E DOVE RD 1.17 NR 2. STIBOREK, B J AG 1407 E DOVE RD 0.97 NR 3. CURRENT OWNER SF1-A 1415 E DOVE RD 1.09 NR 4. JOHNSTON, HOLLY SF1-A 1240 E DOVE RD 1.11 NR 5. STONAKER, WM E AG 1481 E DOVE RD 1.07 NR 6. LEHTO FAMILY REVOCABLE TRUST SF1-A 1308 GOLDEN GATE DR 1.00 NR 7. PATEL FAMILY REVOCABLE LIVING SF1-A 1304 GOLDEN GATE DR 1.04 NR 8. HAYES, TIMOTHY FURMAN SF1-A 1208 GOLDEN GATE DR 0.99 NR 9. LILANI, MANISH AG 1395 E DOVE RD 0.98 NR 10. DEL PRADO PROPERTIES SF1-A 1333 E DOVE RD 1.18 NR 11. HENDRICKSON, BRETT SF1-A 1300 GOLDEN GATE DR 1.02 NR 12. KILARU, ANIL SF1-A 1363 E DOVE RD 1.19 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Twelve (12) Responses received: None (0)