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Item 6E Department of Planning & Development Services S T A F F R E P O R T July 28, 2015 CASE NO: ZA15-038 PROJECT: Zoning Change and Concept Plan for 800 E. Bob Jones Rd. EXECUTIVE nd SUMMARY: Terry and Amy Watts are requesting 2 reading approval of a Zoning Change and Concept Plan for 800 E. Bob Jones Rd. on property described as Tracts 10 and 16, H. O. Throop Survey, Abstract No. 1237A, City of Southlake, Tarrant County, Texas and located at 800 and 790 E. Bob Jones Rd. Current Zoning: "AG" Agricultural District. Proposed Zoning: "SF-1A" Single Family Residential District. SPIN Neighborhood #1. REQUEST nd DETAILS: The applicant is requesting 2 reading approval of a Zoning Change and Concept Plan from "AG" Agricultural District to "SF-1A" Single Family Residential District to construct a new home on approximately 1.67 acres. Staff research of the Walnut Grove drive does not indicate that the road has been dedicated and accepted by the City of Southlake. At this time, the City staff is classifying Walnut Grove as a private drive. Driveway Ordinance No 634, as amended, Section 5.1 requires a minimum centerline spacing between driveways on a local street to be twenty (20) feet and the existing driveway on the subject property meets the minimum centerline spacing distance from the Walnut Grove private drive. If Walnut Grove was classified as a public street, the existing driveway would not meet the minimum distance to an intersection, which is thirty (30) feet measured from the centerline of the driveway to the intersecting right of way line, but since Walnut Grove is not classified as a public street, no variance to the Driveway Ordinance is required. ACTION NEEDED: 1) Conduct a Public Hearing nd Consider 2 reading approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Plans and Support Information - Link to PowerPoint (D) Concept Plan Review Summary No. 3, dated June 8, 2015 (E) Surrounding Property Owners Map and Responses (F) Ordinance No. 480-697 for Commission and Council Members Only (G) Full Size Plans () STAFF CONTACT: Ken Baker (817)748-8067 Richard Schell (817)748-8602 Case No. ZA15-038 BACKGROUND INFORMATION OWNER/ APPLICANT: Terry and Amy Watts PROPERTY LOCATION: 790 and 800 E. Bob Jones Rd. PROPERTY DESCRIPTION: Tract 3A1K, F. Throop Survey, Abstract No. 1511 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: “AG” Agricultural District PROPOSED ZONING: “SF-1A” Single Family Residential District HISTORY: - The propertywas annexed into the City in 1988 and given the “AG” Agricultural District zoning designation. - There is no history of the year that the existing home on the property was constructed. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The site is designated “Low Density Residential”, which specifies single family detached dwellings at a net density of one or fewer dwelling units per acre. The proposed Zoning Change and Concept Plan is consistent with this designation. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows E. Bob Jones Rd. to be a local street. Adequate right of way exists for the street. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan and Sidewalk Plan shows no proposed or existing trail or sidewalk adjacent to the property. The property is exempt from sidewalk requirements since it is being platted as a single lot of record and it meets the requirements for exemption. WATER & SEWER: The property is served by an existing 8” water line to the west. City sewer is not available in the area, so the site will be served by an on-site sewage facility (septic system). TREE PRESERVATION: One existing 10” oak is proposed to be removed and a 22” oak and a 12” cedar are shown as marginal. The proposed tree conservation complies with the required tree canopy preservation requirement that 60% of the existing canopy be preserved based on the existing 20% - 40% of tree canopy on the property. CITIZEN INPUT/ BOARD REVIEW: A SPIN meeting was not held for this case. PLANNING AND ZONING COMMISSION ACTION: June 4, 2015; Approved (6-0) subject to subject to Concept Plan Review Summary No. 2 dated May 29, 2015 and the Staff Report dated June 4, 2015 and noting for the record that the variance request included in the staff report is Case No. Attachment A ZA15-038 Page 1 no longer needed. st CITY COUNCIL ACTION: June 16, 2015; Approved at 1 reading on consent (5-0). STAFF COMMENTS: Attached is Concept Plan Review Summary No. 3, dated June 8, 2015. Case No. Attachment A ZA15-038 Page 2 . Case No. Attachment B ZA15-038 Page 1 CONCEPT PLAN/TREE PRESERVATION PLAN PRESENTED AT P&Z 06/04/2015 Case No. Attachment C ZA15-038 Page 1 REVISED CONCEPT PLAN/TREE PRESERVATION PLAN Case No. Attachment C ZA15-038 Page 2 CONCEPT PLAN REVIEW SUMMARY ZA15-038Three06/08/15 Case No.: Review No.: Date of Review: Concept Plan Project Name: – 800 E. Bob Jones Rd. APPLICANT: Terry and Amy Watts ARCHITECT: Christopher Hough Heritage Design Studio 217 Pebble Beach Dr. Trophy Club, TX 76262 Phone: (817) 371-3208 Phone: (817) 988-9680 E-mail: akwatts2003@gmail.com E-mail: chris@heritagedesignstudio.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 06/08/15 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. Label the adjacent properties to the north and properties across adjoining R.O.W.'s with owner's name, existing zoning, and future land use map designation ("L.U.D.=_____"). Please see the interactive map on the City’s website for the Future Land Use Plan and Zoning designations (under the base maps layer) of surrounding properties. 2. Provide fire lanes in compliance with the City Fire Code (see Assistant Fire Marshal’s comments below and attached hammerhead exhibit). Revise the hammerhead to extend the portion that extends to the south to 70’ instead of 60’ 3. Change the street name on the small scale vicinity map to Farhat Dr. at the end of Bob Jones south of the property instead of Walnut Grove. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION : COMMENTS * One existing 10” oak is proposed to be removed and a 22” oak and a 12” cedar are shown as marginal. The proposed tree conservation complies with the required tree canopy preservation requirement that 60% of the existing canopy be preserved based on the existing 20% - 40% of tree canopy on the property. * Indicates informational comment. Case No. Attachment D ZA15-038 Page 1 Public Works/Engineering Review Alejandra (Alex) Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Show existing fire hydrants on survey. 3. Provide recorded information for the dedicated right of way on Bob Jones Road, if any. 4. Label radius of proposed driveway and driveway widths. Refer to Driveway Ordinance No. 634 for design criteria. 5. Label the distances to the nearest drives or street intersections in both directions from the proposed drive. Refer to Driveway Ordinance No. 634 for driveway spacing criteria. * A City sanitary sewer main is not available to this property. * Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.cityofsouthlake.com/index.aspx?NID=266 EASEMENTS: * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. * Water meters shall be located in an easement or right of way. DRAINAGE COMMENTS: * All structures shall be constructed above the 572’ flowage easement contour unless approval of the Corps of Engineers is obtained. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Case No. Attachment D ZA15-038 Page 2 An automatic fire sprinkler system will be required for residences over 6,000 square feet. (Per 2012 I.F.C. Sec. 903.3.1.3 as amended) Submit plans to Reed Fire Protection, 14135 Midway Road, Suite G260, Addison, Texas 75001. Phone 214-638-7599. All residential fire sprinkler systems shall have an audible notification device on the inside and outside of the structure, with the exterior device capable of being audible to a neighbor or from the public street fronting the property. FIRE LANE COMMENTS: Fire apparatus access needs to be provided within 250 feet of all exterior portions of the perimeter of the residence on a “hose-lay” basis of the sprinkled residence. Fire apparatus access needs to be an all-weather surface, asphalt or concrete, a minimum of 10 feet wide and able to support the imposed loads of fire apparatus. (A minimum of 80,000 pounds GVW). Please revise the hammerhead to comply with the attached exhibit by extending the portion that extends to the south to 70’ instead of 60’. If fire apparatus access is required further than 150 feet from the public street, and approved turn- around must be provided for fire apparatus. This approved turn-around must be placed at a point where the apparatus will not be required to back-up more than 150 feet to turn around and exit the property. FIRE HYDRANT COMMENTS: The residence must be located within 1000 feet of a fire hydrant, measured as the hose would be laid. A fire hydrant exists at the northwest corner of the property in the Walnut Grove private street. Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 pkao@ci.southlake.tx.us Land/park dedication requirements: Residential developments must provide dedicated parks and/or open space at a ratio of one (1) acre of park land for every forty (40) dwelling units. No fee payment required- existing house on property. General Informational Comments * All mechanical equipment must be screened of view from right-of-ways and residential properties in accordance with the Zoning Ordinance No. 480, as amended. * 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 Case No. Attachment D ZA15-038 Page 3 include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer Impact and Tap Fees, and related Permit Fees. * A letter of permission from the adjacent property owner(s) on the west must be obtained prior to issuance of a building permit for the construction of the off-site pavement and a permit from TxDOT must be obtained prior to any curb cut along F.M. 1709. * Denotes Informational Comment Case No. Attachment D ZA15-038 Page 4 SURROUNDING PROPERTY OWNERS 800 E. Bob Jones SPO Owner Zoning Physical Address Acreage Response # 1. CUMMINS, FRANKLIN L SF1-A N/A 0.63 NR 2. CUMMINS, MOLLIE A SF1-A 620 WALNUT GRV 0.39 NR 3. ICARD, ROBERT J SF1-A 530 BROOKS CT 1.02 NR 4. N & C FAMILY LP SF1-A 535 BROOKS CT 1.95 NR 5. Corps of Engineers Property SF1-A N/A 4.09 NR 6. REUKEMA, BRIAN & MELISSA A SF1-A 808 E BOB JONES RD 0.94 F 7. WATTS, AMY K & TERRY D SF1-A 800 E BOB JONES RD 0.98 NR 8. WATTS, AMY K & TERRY D SF1-A 790 E BOB JONES RD 0.71 NR 9. SOUTHLAKE, CITY OF SF1-A 130 FARHAT DR 13.34 NR 10.NOLAN, MICHAEL E SF1-A 632 WALNUT GROVE 0.25 NR 11.SOUTHLAKE, CITY OF SF1-A N/A 1.64 NR 12.NOLAN, MICHAEL E SF1-A 628 WALNUT GROVE 0.89 NR 13.FREDERICK, OLA F ETAL SF1-A 624 WALNUT GROVE 1.06 NR 14.SOUTHLAKE, CITY OF SF1-A N/A 0.33 NR 15.FARAHNAK, PEDRAM SF1-A 816 E BOB JONES RD 1.10 NR 16.SCHLEPPEGRELL, DONALD G SF1-A 525 BROOKS CT 1.09 U 17.Corps of Engineers Property SF1-A N/A 369.43 NR 18.CUMMINS, MOLLIE A SF1-A 620 WALNUT GROVE 0.52 NR 19.SOUTHLAKE, CITY OF SF1-A N/A 3.98 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices sent: Nineteen (19) Case No. Attachment E ZA15-038 Page 1 Responses received: Two (2) – Attached Case No. Attachment E ZA15-038 Page 2 Case No. Attachment E ZA15-038 Page 3 Case No. Attachment E ZA15-038 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-697 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 TRACTS 10 AND 16, H. O. THROOP SURVEY, ABSTRACT NO. 1237A, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 1.67 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “AG” AGRICULTURAL DISTRICT TO “SF-1A” 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 “AG” Agricultural Case No. Attachment F ZA15-038 Page 1 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 requires the amendments, and that the zoning changes do not unreasonably invade the rights of Case No. Attachment F ZA15-038 Page 2 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 described as Tracts 10 and 16, H. O. Throop Survey, Abstract No. 1237A, City of Southlake, Tarrant County, Texas, being approximately 1.67 acres, and more fully and completely described in Exhibit “A” from “AG” Agricultural District to “SF-1A” Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit “B”, and subject to the following Case No. Attachment F ZA15-038 Page 3 conditions: st City Council motion at 1 reading on June 16, 2015: st Approved at 1 reading on consent (5-0). 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 appropriate use of land throughout the community. Case No. Attachment F ZA15-038 Page 4 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 ZA15-038 Page 5 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance in its entirety on the City website together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and it 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. stth PASSED AND APPROVED on the 1 reading the 16 day of June, 2015. _________________________________ MAYOR ATTEST: _________________________________ CITY SECRETARY nd PASSED AND APPROVED on the 2 reading the ____day of _____, 2015. ________________________________ MAYOR ATTEST: ________________________________ CITY SECRETARY Case No. Attachment F ZA15-038 Page 6 APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment F ZA15-038 Page 7 EXHIBIT “A” Being described as Tracts 10 and 16, H. O. Throop Survey, Abstract No. 1237A, City of Southlake, , being approximately 1.67 acres, and more fully and completely described Tarrant County, Texas below: Reserved for metes and bounds description Case No. Attachment F ZA15-038 Page 8 EXHIBIT “B” Reserved for approved Concept Plan Case No. Attachment F ZA15-038 Page 9