Loading...
Item 7A CITY OF SOUTHLAKE Department of Planning & Development Services STAFF REPORT May 9, 2016 CASE NO: ZA15-152 PROJECT: Zoning Change & Development Plan for Stone Trail Estates EXECUTIVE SUMMARY: Terra/Manna, LLC is requesting 1St reading approval of a Zoning Change and Development Plan for Stone Trail Estates to develop 61 residential lots and 12 open space lots on approximately 36.03 acres described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County,Texas and Lots 3R, 5B and 5A (5A and 5B being portions of Lot 5) Brock Addition, an addition to the City of Southlake, Tarrant County, Texas and located at 2607, 2621, 2631, 2641, and 2651 W. Southlake Blvd. and 250, 400 and 410 Brock Dr., Southlake, Texas. SPIN Neighborhood #11. REQUEST DETAILS: The applicant is requesting 1St reading approval of a Zoning Change and Development Plan from "AG" Agricultural District and "SF-1A" Single Family Residential District to "R-PUD" Residential Planned Unit Development for Stone Trail Estates to develop 61 residential lots and 12 open space lots on approximately 36.03 acres. The open space area is approximately 10.01 acres and the percentage of open space is 27.78% of the gross acreage. The proposed gross density is 1.69 du/ac. and the net density is 1.96 du/ac. Site Data Summary 4/7/16 P&Z 5/5/16 P&Z Number of Residential Lots 65 61 Number of Open Space Lots 11 12 Gross Acreage 36.03 36.03 Gross Density 1.80 du/acre 1.69 du/acre Net Acreage 31.13 31.13 Net Density 2.09 du/acre 1.96 du/acre Open Space Acreage 8.98 10.01 Open Space Percentage 24.92% 27.78% The majority of the site is designated "Medium Density Residential", which is suitable for any single-family detached residential development. Approximately 6.77 acres of the proposed developement that is currently in the Brock Additions has a Low Density Residential designation in the 2030 Land Use Plan. The number of lots in that portion of the subdivision was reduced from seven (7) to six (6) to comply with the Low Density Residential designation, which requires a net density of one or fewer dwelling units per acre. Case No. ZA15-152 The R-PUD district will follow the uses and regulations in the "SF-20A" Single Family Residential District except as noted in the table below: Development Regulations (Compared to SF-20A Base Zoning) R-PUD Front Yard Setback 25' Side Yard Setback10' 20' adjacent to a street Rear Yard Setback 20' Maximum Lot Coverage 45% Minimum Lot Area 12,825 sq. ft. Lot Width95 75' for pie shaped corner lots Lot Depth 135' Maximum Gross Density 1.69 du/acre Minimum Floor Area 3,000 sq.ft Maximum Height 35' and 2 'h stories The Development Plan shows one street connection to W. Southlake Blvd. There is not a median opening at the proposed location, so the intersection will be a right-in right-out only onto W. Southlake Blvd. A second connection to Naples Dr. to the south that was previously proposed to be gated as an emergency access only is now proposed to be open. VARIANCE REQUEST: 1. Driveway Ordinance No. 634, as amended, Section 5.1 requires a minimum distance from a residential driveway to an intersection of 250'. The applicant is requesting a variance to allow the proposed street intersection on W,. Southlake Blvd. to be located approximately 199' from the existing church driveway to the west. Variance approval criteria has been included in Attachment `A', page 4 of this report. ACTION NEEDED: Consider 1St reading approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Corridor Committee Meeting Report (D) SPIN Meeting Report (E) Plans and Support Information - Link to PowerPoint (F) Revised Development Plan Review Summary No. 3, dated April 28, 2016 (G) Surrounding Property Owners Map and Responses (H) Ordinance No. 480-712 (1) Full Size Plans (for Commission and Council Members Only) STAFF CONTACT: Dennis Killough (817)748-8072 Richard Schell (817)748-8602 Case No. ZA15-152 BACKGROUND INFORMATION APPLICANT: Terra/Manna, LLC OWNERS: Margaret J. Haney and Sandra Lynn Bagwell PROPERTY LOCATION: Generally located south of W. Southlake Blvd. and west and south of Brock Dr. PROPERTY DESCRIPTION: Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A (5A and 5B being portions of Lot 5) Brock Addition LAND USE CATEGORY: Medium Density Residential, Low Density Residential and 100-Year Floodplain CURRENT ZONING: "AG" Agricultural District and "SF-1A" Single Family Residential District REQUESTED ZONING: "R-PUD" Residential Planned Unit Development District HISTORY: - The property was annexed into the City in 1956 and given the "AG" Agricultural District zoning designation. - A Plat Showing for Brock Addition was filed November 8, 1967. - The "SF-1A" Single Family Residential District zoning was placed on the Brock Addition property with the adoption of Ordinance No. 480 and the Official Zoning Map in September of 1989. - A Plat Revision for Lots 1 R and 3R, Brock Addition was approved September 2, 1997 and filed November 21, 1997. SOUTHLAKE 2030 PLAN: Consolidated Future Land Use Plan The majority of the site is designated "Medium Density Residential", which is suitable for any single-family detached residential development.Approximately 6.77 acres of the proposed developement that is currently in the Brock Additions has a Low Density Residential designation in the 2030 Land Use Plan. The number of lots in that portion of the subdivision was reduced from seven (7) to six (6) to comply with the Low Density Residential designation, which requires a net density of one or fewer dwelling units per acre, so the Comprehensive Land Use Plan amendment from Low Density Residential to Medium Density Residential that was being requested under case number CP15-004 is no longer required and that case was withdrawn by the applicant. Mobility & Master Thoroughfare Plan The Mobility and Master Thoroughfare Plan shows W. Southlake Blvd. to be a Farm-to-Market road with 130' of right of way. Adequate right of way is shown to be dedicated on the plans. Pathways Master Plan & Sidewalk Plan The Pathways Master Plan shows the existing 8' multi-use trail along the south side of Southlake Blvd. and a future >_8' multi-use trail extending from W. Southlake Blvd. to Union church Rd. through the floodplain. Case No. Attachment A ZA15-152 Pagel Major Corridors Urban Design Plan The property is in the "Estate Residential" zone in the Major Corridors Urban Design Plan. The following recommendations pertain to the "Estate Residential" zone in the plan. ■ Reinforce and enliance the distinct "Estate ■ Preserve and reinforce the existing Residential zone" character by character of the estate residential with recommending the planting of 6— 8 foot parkway plantings and trail ameiuties as high shrubs along residential fences that recommended iii the plan. require frequent maintenance along the Master planning of larger residential or corridor. This would not only screen commercial tracts, or multiple tracts,is existing residential uses from the busy encouraged over piece-meal development. roadway, but also create green edges along In addition,the master plan applications the roadway. should include all the elements of the built environment such as building design,site ■ New residential neighborhood fencing design wayfi riding and building signage, should be limited to masonry, stone and landscaping, treatment of natural features, wrought-iron style fencing materials,with bridges,streets, street lighting,etc. Every tree and shrubbery planting in a naturalistic effort should be made to incorporate manner on the parkwav side of the fence_ recommended urban design elements into the project design. iea�•canorofE ,,yrA6na-�w/ sW"ef"`J cvrNlw+«sG«�mMA-- �- •lkad^cs�wS2�wt�tc w4eac ccre�vr.oJ e1*1'1W a.-O, v�uare� Par P, all wk#tb, o o . 1 _ 777--- Besommemded parkwmy design along the Residential Estate area showing the ar—l—arpathwa);informal the r J" .1 plantimg,and stone identity markers at jj-� GpY i7'ba�'1 bIK ' JK iacvc1Y}s,PU4,Ci j wiM ,may,losahons. .ova'f' of +_v_ rw+- srae�M TRANSPORTATION V ASSESSMENT: Existing Area Road Network and Conditions The development shows one street access onto W. Southlake Blvd., which is currently a six-lane divided arterial. The traffic counts are below. W. Southlake Blvd. (between Davis Blvd. &S. Pearson Ln.) 24hr East Bound (18,836) West Bound (18,766) AM Peak AM (2,075) Peak AM (1,110) 7:00 AM—8:00 AM 11:30 AM— 12:30 PM PM Peak PM (1,137) Peak PM (2,122) 5:45 PM—6:45 PM 5:00 PM—6:00 PM *Based on the 2015 City of Southlake Traffic Count Report Traffic Impact Case No. Attachment A ZA15-152 Page 2 Use Lots •• / OUT • UT Single Family Residential(210) 61 584 11 12 35 1 40 22 * Vehicle Trips Per Day *AM-In,AM-Out,PM-In and PM-Out are peak hour of generator on a weekday *Based on the ITE: Trip Generation Manual, 7th Edition WATER & SEWER: The property proposes to connect to an existing 12"water line in W. Southlake Blvd. to the north and to an existing 8" water line in Naples Dr. to the south. A stub out is proposed to the property to the Watermere Addition to the west. Sanitary sewer for the development is proposed to connect to an existing 8" sewer line in Naples Dr to the south. A stub out is proposed to the property to the east. TREE PRESERVATION: For property sought to be zoned R-PUD, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application. The existing tree cover is shown to be 40.23% and if the case was for straight zoning, a minimum 50% of the existing tree cover would be required to be preserved. The applicant is proposing to preserve 53.62% of the existing tree cover. CITIZEN INPUT/ BOARD REVIEW: This project was discussed at the 2030 Corridor Committee Meeting on December 2, 2015. The meeting report is included as Attachment C of this report. A SPIN meeting for this project was held by the applicant on September 22, 2015. A SPIN Report is included as Attachment D of this Staff Report. PLANNING AND ZONING COMMISSION ACTION: February 4, 2016; The item was tabled to the February 18, 2016 meeting at the applicant's request. February 18, 2016; The item was tabled to the March 3, 2016 meeting at the applicant's request. March 3, 2016; The item was tabled to the April 7, 2016 meeting at the applicant's request. April 7, 2016; The item was tabled to the May 5, 2016 meeting at the applicant's request. May 5, 2016; Approved (3-2) subject to the staff report dated April 28, 2016 and Revised Development Plan Review Summary No. 3, dated April 28, 2016 and specifically granting the requested variance related to Driveway Ordinance No. 634. STAFF COMMENTS: Attached is Revised Development Plan Review Summary No. 3,dated April 28, 2016. The plan was revised prior to the May 5, 2016 Planning and Zoning Commission meeting to address comments provided at the April 7, 2016 meeting. The previously presented plan included 65 residential lots and 11 Case No. Attachment A ZA15-152 Page 3 open space lots. In addition to reducing the number of residential lots by four lots, the open space area was increased from approximately 8.98 acres to approximately 10.01 acres, which increased the percentage of open space from 24.92% to 27.78% of the gross acreage. The proposed gross density decreased from 1.80 to 1.69 du/ac. and the net density decreased from 2.09 to 1.96 du/ac. The number of lots in the Low Density Residiential portion of the subdivision according to the 2030 land Use Plan was reduced from seven (7) to six (6) to comply with the Low Density Residential designation, which requires a net density of one or fewer dwelling units per acre, so the Comprehensive Land Use Plan amendment from Low Density Residential to Medium Density Residential that was being requested under case number CP15-004 is no longer required. That case was withdrawn by the applicant. Driveway Ordinance No. 634, Section 8.2 VARIANCES AND APPEALS: Any applicant who desires a variance or elimination of the requirements herein, or who desires to appeal a decision of the Director regarding modifications to this ordinance shall file a written appeal to the Director who shall place the request on the agenda for consideration by the City Council. The City Council shall have the authority to grant a variance to this ordinance. In granting any variance, the City Council shall determine that a literal enforcement of the regulations herein will create an unnecessary hardship or practical difficulty on the applicant, that the situation causing unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this ordinance. The decision of the City Council shall be final. Case No. Attachment A ZA15-152 Page 4 Vicinity Map Stone Trail Estates 2607, 2621, 2631, 2641, and 2651 W. Southlake Blvd. and 250, 400, and 410 Brock Dr. J t25 ti�� O� 24 aZ ryu ti K ry N ti� tiy5 ry N �1a ti O � N 5 2225 C) m o U' A O S ryg� `L3a6 ^o ii U 304 2530 2580 ` 2608 O .2417 21g0 sou THLAKF e W 2501 2501C 0 2701 2501 2419 J F.M »� CO2g01 e a 2815 ry � 2813 � bib e S V ST RD ry 3�9 2'0 m � N � W ,1p1 705 d 707 711 2390 2150 2360 Z 2440 2420 Ar,DR 2445 2435 2152 2425 2395 2365 \� N ZA15-152 & ZA15-153 Zoning Change and Development Plan & s Preliminary Plat 0 200 400 800 1,200 Feet Case No. Attachment B ZA15-152 Page 1 2030 Corridor Committee Meeting Report CITY OF ©�® SOUTHLAK oO® TEXAS En2035 ITEM #3 DISCUSSION — STONE TRAIL ESTATES (proposed 65-lot, 36 acre residential subdivision south of FM 1709 and west of Davis Boulevard): • Staff made presentation to the Committee, and there were no immediate questions for staff. • Paul Spain, developer of Stone Trail Estates made a presentation to the Committee. The following includes comments by the developer: o Creek running through the property goes down to Bear Creek o Originally wanted (development) to go out to Davis with offices, but could not acquire land o Davis Blvd. is dividing line in Southlake of Carroll Schools and Keller School districts o The creek area has many trees. Creek (channel) is 6-8 feet wide o In the future as the City is looking at the creek area it would be a great space for a hike/bike trail o Purchasing the Haney tract, which is currently part of Brock Dr. neighborhood o Have been visiting with Brock residents and working on issues o To the west is the church and the Watermere Villas o Limited access to 1709 (right-in, right-out) - street stubs-out to the south. Will have water/sewer o The question becomes: "What makes a great neighborhood?" Hard to tell from plans. Take the prettiest piece of the property and make it open space. Up at the corner there are some trees along 1709 on the north Questions the developer wanted to answer while putting the plan together: 1) What will the drive look like on 1709? o Proposing the entrance off 1709. Only two lots back onto 1709 o Will have stone wall on the north side of lots with fountain, open space 2) How do we make the entrance as spectacular as we can? o Have a buffer with existing trees and pond o Have 7 lots that face onto pond with trees - preserve the existing tree line 3) Neighborhood Design o Learned doing green space endcaps from developing Shady Oaks o Part of open space is putting endcaps wherever there are lots facing the side of other lots o In SPIN meeting were asked about having land for expansion from a representative from church to the north east o The lot most affected by the development is the McCall's. They will have common access given through deed to them and instead of backing lots to them. Told the McCall's they would put up fence to them and the corner off the cul-de- sac will remain access from Brock Dr. into the open space Southlake 2035 Corridor Planning Committee Item#3—Stone Trail Estates Meeting#1-December 2,2015 Page 1 Case No. Attachment C ZA15-152 Page 1 0 1 .8 du/acre o Right now lots average 15,000 square feet with open space o In this case we have squeezed out more open space to make the entrance fabulous and add endcaps • Questions for Developer: Q: Single driveway with 65 lots with a right-in, right-out is troubling to me. Why is there a stubbed out street? A: Residents to the south do not want people driving through their neighborhood per feedback at SPIN. Will do an emergency access to the south, must provide emergency access because we are required two points of access Q: In a perfect design world the neighborhood would connect to Davis. Is this not going to happen? A: The problem with the Davis intersection construction is that people would cut through (from Davis). Can't afford to acquire the property at residential prices Q: The amount of vehicle trips with right-in, right-out is not preferred and people will have to do U-turns. How does this work with the right-in, right-out only? A: Need another median break onto 1709 Q: Can open space be groomed? A: Cut once a month - this is what we do on rural parks Q: Is the open space useable? A: Yes, it is beautiful Q: Is there a way to open the open space so it is more of an amenity for the neighborhood? A: Opened it up on the creek. See the creek area being a fabulous asset for the City in the future Q: Why no access onto Brock? Why is Brock untouchable? A: What I work at doing is not bringing unhappy citizens to City meetings. Visited with everybody there Q: Will drainage be an issue? A: Drainage will go into streets and be carried south to the creek. McCall's and Haney's are getting this runoff now - and the development would take care of this Q: Removing a sizable amount of trees? A: We try and save the best Q: What are thoughts on tree preservation? A: Have tied down the easiest ones to save, and require every lot to have two trees on Southlake 2035 Corridor Planning Committee Item #3—Stone Trail Estates Meeting#1- December 2, 2015 Page 2 Case No. Attachment C ZA15-152 Page 2 the front and 2 on the back - and we put the right kind of trees. The larger the tree the harder to save. It is easier to save those around the edge and in open spaces • Comments by Committee: o Have seen it where houses face the open space o Mobility seems to drive development potential for this area o First red flag is the single access, I would be happier if there were three points of access DEVELOPER RESPONSE: Could bridge creek if initial phases are successful o Should think about a phasing plan ...access to open space is not a phase 11 or Phase III part of the plan. When lots are released open space is available to neighborhood o I like the concept of how you dress up endcaps - I think that is interesting way to approach open space. Anything to break up the cookie cutter (more imagination) are nice planning elements o I find the two boxes (street layout) boring. Possibly consider draw more people to the open space in the middle of the project. Maybe more curvilinear streets, which may help with access to the south over time because you do not have the visual of a straight shot through the neighborhood • Comments by Public: o One of the big appeals to the property was the solitude of it. There are no sidewalks. The biggest concerns are topography, runoff. Want to make sure these things are addressed. Currently the way Brock Dr. is right now, drivers attempt to do a turnaround and they can't make the turn so they come down Brock thinking it is an exit, and people will speed down the street. There are so many people that come through, because it is a country setting, and the asphalt is cracked because semis turn around on my driveway o In an emergency how will people get out safely? Would be worried. Also, Brock Dr. - these people have been long time residents and have been involved and there have been issues with traffic turning in there. Also, if there was a cut through the people wanting to go west on 1709 would cause a backup • Comments by Developer: o Eventually may have a fabulous entry off of Davis o Will work with City to get median break in 1709 • Developer Question for Committee: Q: Does the City like the more open space, endcaps? What about lots under 15,000? A: Like the fact there is open space, and a nice size entry buffer on 1709. Concerned about setbacks and side yards • Comments by Staff: o (Regarding median break comment by developer) existing median opening at Brock and Watermere Dr. These are on about half-mile intervals and it is the Southlake 2035 Corridor Planning Committee Item 43—Stone Trail Estates Meeting#1- December 2, 2015 Page 3 Case No. Attachment C ZA15-152 Page 3 landscaped area. Do not believe storage lengths would meet TXDOT requirements and will have to take medians out o People (trucks, etc.) driving on Brock may possibly be a signage issue STONE TRAIL ESTATES PLANS/ DOCUMENTS SHOWN TO COMMITTEE: ' ,1A., n SI -,5 • i z u� �. " ' '` -Mr Master Plan Stone Trail Estates southlake,revs Southlake 2035 Corridor Planning Committee Item#3—Stone Trail Estates Meeting 41-December 2,2015 Page 4 Case No. Attachment C ZA15-152 Page 4 ..� s.1: �• 9f� it J. V U L K 51.32 ACRES �1�; ting CITY OF SOUTHLAKE,TEXAS "'. Southlake 2035 Corridor Planning Committee Item 43—Stone Trail Estates Meeting#1-December 2,2015 Page 5 Case No. Attachment C ZA15-152 Page 5 JUSOUTHLAKE SPIN MEETING REPORT SPIN Item Number: SPIN2015-34 Project Name: Stone Trail Estates SPIN Neighborhood: SPIN # 11 Meeting Date: September 22, 2015 Meeting Location: 1400 Main Street, Southlake, TX City Council Chambers Total Attendance: Twelve (12) Host: Monique Schill, Community Engagement Committee Applicant(s) Presenting: Paul Spain City Staff Present: Jerod Potts, Planner I Town Hall Forums can be viewed in their entirety by visiting http://www.cityofsouthlake.com and clicking on"Learn More" under Video On Demand:forums are listed under SPIN by meeting date. FORUM SUMMARY Property Situation: • Southlake Blvd. between Lakeside Presbyterian Church and The Hills Church Development Details: • 1709 to the north and Davis to the far east • Proposing 65 lots • The project contains the Wiesman tract, a lot within the Brock subdivision, and approximately 6 acres of the Haney tract—the total acreage of the site is approximately 36 acres • Presenter mentioned there are many trees on the Wiesman tract • The presenter mentioned the Wiesman tract land use is medium density and the Haney tract is zoned SF-1A • The presenter mentioned that sewer runs down the creek and is stubbed out on the south • The presenter noted there is a road stubbed out on the south end of the property and on the west is Watermere and also church on the west and north side of the property • The presenter mentioned the access point is off 1709 — did not plan any tie-in to Brock Drive • The presenter noted the project is in Keller schools • The presenter mentioned they also have the Kuelbs tract to the west under contact, but that is not part of this meeting • The presenter noted the lots will be north-south facing and they will be doing RPUD zoning Case No. Attachment D ZA15-152 Page 1 • The presenter mentioned an area of the land being historically significant lot having wagon tracks • The majority of the open space will be in the southwest corner with a creek that goes all the way to the north with a trail beside it • The presenter noted they visited with the neighbors to the south and they did not want access from 1709 — the proposal could include a request for an emergency gated area where if they need the second point of access there is a gate that fire and police could use • The presenter noted the lots are generally a 1/3 acre up to an acre — will be building homes roughly in the 3500 square foot range +/- and with the current cost of real estate and development the homes will probably sell for just under a million to a million plus • The presenter noted the lots are similar in size to what was done in Estes Park and Shady Oaks • Presenter said wrought iron fence with cedar inserts will be used in the development and will go in with typical street tree policy which requires 2 trees in the front on the median and 2 required on the rear yard, and corner lots will require an additional 4 on the side of the lot • The presenter referenced entrance features and open space features (attached) Exhibits presented at SPIN: Stone Trail Estates S.P.I.N Presentation Terra / Manna, L.L.C. 395 W.State Hwy.114,Suite 300 Southlake,Texas 76092 Case No. Attachment D ZA15-152 Page 2 Stone Trail Estates Proiect Location 73� I 1. • Yt t 3 v. C y n YOLK lti ng 51.32ACflC5Y— CITY OF SOUTn LA%C,TEXAS Stone Trail Estates _ Master Plan 1. 65 Residential Lots 2. 15,000 s.f. -20,000 s.f 3. 5.30 acres of Open Space 4. 14.71 % Open Space - o -- -7- -- Case No. Attachment D ZA15-152 Page 3 Stone Trail Estates Entry QUESTIONS /CONCERNS: • You are saying that the road will probably be for emergency access only? o Yes. What they do is build a road and gate it and have certain kinds of locks and controls on it so if police and fire need it they can come in from another direction • So you are really sure that is how it is going to be or that is what they are talking about? o That is what we are going to apply for. As I have told all the neighbors it will help if you ask for it along with me because they really care what neighbors think • Who do I need to talk to to encourage that? o We will be submitting that and I would encourage you to basically support the project subject to that being an emergency access entrance • Your entrance across from Jellico East, is TXDOT going to open that up? o We are not asking them. We don't have enough traffic from this project to warrant that and the City is precise about where their median breaks are • On the park area, the creek bottom, you have a cul-de-sac, when you develop this other tract is there going to be a road through there eventually? o We are planning on it. That is one of our options. • Are those two creeks? o No, just one. The blue lines are the outside of the floodplain and the red lines are the floodway • The wagon trails, that is going to be a park? o That would be open space. Would have an HOA that would maintain the entrance and the park areas Meeting adjourned SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives.The report is neither verbatim nor official meeting minutes;rather it serves to inform elected and appointed officials,City staff,and the public of the issues and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission and final action by City Council. Case No. Attachment D ZA15-152 Page 4 R-PUD REGULATIONS Residential Planned United Development District- Land Use and Development Regulations and Open Space Management Plan for the 36.03 acre development known as Stone Trail Estates Southlake, Texas 25 April 2016 This Residential Planned Unit Development shall abide by the all conditions of the City of Southlake Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to the "SF-20A" Single-Family Residential zoning district and the City of Southlake Subdivision Ordinance No. 483, as amended, with the following exceptions: Except for Lot 3R, Brock Addition, which area, dimensions and all yards shall remain as they currently are, the follow requirements shall apply: Lot Area: The minimum area of a lot shall not be less than twelve thousand, eight hundred, twenty-five (12,825) square feet. Front Yard: The minimum front yard of a lot shall not be less than twenty-five (25) feet. Side Yard: The minimum side yard shall not be less than ten (10) feet, twenty (20) feet for side yards directly on a street. Rear Yard: Each lot shall have a minimum rear yard of twenty (20) feet. Lot Width: The typical lot width shall be ninety five (95) feet. Selected "pie shaped" corner lots (Lot 5, Block A; Lots 3, 4 & 6, Block B; Lot 15, Block C) shall have a minimum width of seventy-five (75) feet at the front setback line. Lot widths shall be measured along the Front Yard setback line for each lot as indicated on the Zoning Development Plan. Lot Depth: The typical minimum lot depth shall be one-hundred, thirty-five (135) feet. The western boundary of the extra wide Lot 10, Block B, totals one hundred, three (103) feet. Lot Coverage: All buildings or structures shall have a maximum lot coverage not exceeding forty five percent (45%) of the lot area, except the sum total of accessory buildings shall not exceed 600 square feet. Case No. Attachment E ZA15-152 Page 1 Minimum House Size: All houses shall be a minimum of 3,000 s.f. in floor area. A minimum 4' wide concrete sidewalk shall be required along the internal street frontage of all Residential Lots. Sidewalks and trails within the Open Space Lots shall be as shown on the Zoning Development Plan and Pedestrian Access Plan. Streets: A 31' B-B pavement section with standard 6"curb &40' R.O.W. with 10' S/W & U.E. on both sides shall be provided along the frontage of all residential lots. The cul-de-sac shall be 90' B-B diameter paving, in a one hundred (100') foot diameter ROW. Buffer lots: No buffer lots shall be required. Open Space Management Plan: Intended Usage: The common open space areas of the project are intended for the quiet enjoyment of the residents within the development. Open Space Lots 1, In both Block A & B will buffer the homes from Southlake Blvd. and as primarily a visual amenity will act as a welcoming and well-maintained "front door"to the development. The internal open space preserve within the Street B loop, also called Open Space Lot 1, is the central open space area for the project, and will have preserved trees, and the area outside those trees will be fully landscaped, Irrigated and maintained on a regular basis, and shall serve as a visual amenity and interior"park-like"atmosphere for the use of the residents. The various open space lots and "endcaps," located at the end of lot rows siding to cross streets (OS Lot 21, Block A; OS Lot 9 & 29, Block B; OS Lot 20, Block C), as well as Open Space Lot 6, Block A, will be developed as manicured landscaped areas. The remaining open space areas, primarily the areas encompassing the creek and adjacent flood plain and the Lot 17, Block B tree preserve, will be maintained in a more natural state. Occasional trimming of the grounds and drainage-ways may be necessary from time to time, to keep a quality appearance. Open Space Lot 18 has been planned to provide a buffer between Stone Trail Estates and the existing owners of Lot 4 in the Brock addition, (currently the McCalls). They have an existing access easement on the property to provide access to their home from Brock Drive. During the landscape and hardscape development of the portion of the project, we will install the landscaping, irrigation and fencing detailed in the plan titled "Brock Drive-Lot 4 Surrounding Area Detail."The Stone Trail Estates HOA will maintain the landscaping in this area in a manicured level. The pavement would be maintained by the HOA. Nothing in this proposed plan would change the Owner's access easement on this property. All sidewalks and trails are intended for recreational pedestrian traffic, shall be kept in good condition, and accessible to the residents. Any significant changes to the plan must be approved by the City Council. Case No. Attachment E ZA15-152 Page 2 All Common Open Space shall be owned and maintained by a Homeowners Association (HOA), to be established for the development. All other areas shall be the responsibility of the individual property owners, including the front yards and required streetscape trees of the residential lots. All property owners shall be required to be a member of the HOA. Dues assessments, required for the maintenance of the common areas and other HOA activities, shall be mandatory. The HOA, through a resident Board of Directors, shall be responsible for the maintenance and operation of the protected open space within the development, either directly or through a third-party management company. No full-time employees are contemplated to be necessary. The expenses required to maintain the common areas at a quality level shall be estimated annually by the HOA Board, and dues shall be determined and assessed on each property owner In an equitable fashion at such a rate as necessary to maintain such a level of quality. The annual expenses for such open space maintenance are initially estimated to be $52,000, or approximately $852 for each of the 61 homeowners. Authority to enforce these requirements, and to place a lien on the property if such dues are not paid, shall be in the form of written Deed Restrictions and Covenants, agreed to by all property owners in the HOA at purchase, and shall run with the land. Provisions shall be made, in the HOA bylaws and Deed Restrictions, that in the unlikely event the HOA fails to maintain all or a portion of the protected open space in reasonable order and condition, the City of Southlake may, but is not required to, assume responsibility for its maintenance and take corrective action, Including the provision of extended maintenance. The costs of such maintenance may be charged to the HOA or individual property owners that make up the HOA, and may include administrative costs and penalties which shall become a lien on all property in the development. Case No. Attachment E ZA15-152 Page 3 DEVELOPMENT PLAN Il 3 22 s 5 i -11 Case No. Attachment E ZA15-152 Page 4 SCREENING AND FENCE PLAN S;,K W_afl-/ Fence Diagram i rJ _= 6' Decorative Metal I I 6' Masonry Wall 3 Retain Existing Fence or Replace w/ 6' Wood w/ Cap y1 N:ar. 5' Ornamental Iron Fence with Optional Wood Insegs.. r 6' Ornamental Iron Fence with Wood ns 6' Ornamental Iron Fence with Optional Wood Inserts _ d 7 Int 1- j 7 fml 10 11 I 12 1 13 1 14 1 15 1 16 L . �I=SJIW 13NII�f. - TII! � I 2 _ \, -- �i 3 4 5 1 1�.'�i••I i:lUc r 1 II.IW.( 1 IS,IIVnr 1 13.1".( t' \ n ,..1 I_ J )-- - 1 7 --- I .1 I Ii.1.lI1AC 1ilv..c I 19 _r 7 18 1 17 ' t3JM.1: 15. i 19 u.nu.r 1 Ill ux.t 1 1a,la7.t 1 9 -- 141 \ 1 13.7M nt II 5 II 20 14�'9 I Ir I 1=Y52sf. I __ 7 1 8 1 9J�9 1 10 I -- 13311y.t 1 13J11[f<1. ❑.W.f. 1 13.95h.0 f I 11 21 l4M"Rv[c 13 A10 I ' MAO.(. 1 1 r--�----- 13.@5..( IY.11TYrt I __ 2 2 ¢/ 14 , 13 , 12 t 11 1 �' 17A&J: O.US:.X 1 UNG.f. 1 IIDx<<,1: 1 ISJib..f. I 1_ IS M1 16 1 17 , 18 1 19 1 20 I i I 1 ` 28 1 27 1'26 25 24 IS_.'1i.1. 1 13,7uV wr 1 �371e1 w11 I 13,lis at 1 I7Al',L IS.1W a( 1 lJ!_•.1 aL 1 I . Case No. Attachment E ZA15-152 Page 5 TREE CONSERVATION PLAN I�1 19.Q71.f. 4�m <, $,n•µ/ I i i / v �I I ISI �s i �.a E, A �� 1 1(— 7 r A07.I 13 is 2- 51 ili ,L4 r �,' / _, J 21,2V11f Ii,090 vf1 113090.0 13,091 xf.1 13.091x0 1L308�af,f1 13.000..f11 la,� /' — \ --- 7t/ -I-- ��I z, 1 15.]15 x13 ' _-_ _ --- 1- _�J m IIe 1� 1 L 111 2 3 4 5 ly I 1 w.na 4 � IOpon9�'a 11 I 1111,109[1j111.11U�f 11111109ai1 6� 1I - —' - 1 i 1 a -�i3 �39Aw.r_'I 3 109 rl id.1 9[I - uy4iy.r -- i� I I sp9,f.I I ?', �� -- I - - - --- n 4 li .1 1 1 111 li 19 18 16 3 +53sa.f I 1-I' 1 I 199 s£ 1 13.�is..c Y c 11 u, l f I w'ti`i£'18f8 L_ t---j L-- "J L<� ��77x3 .9 1 I 8 12Q .m. Tu- r-- , I X11 1 l( -11 L_-ill I j I I 7- 1 g "yi t0 I �--- r I r� - La 23 rV ' I AL 1 I I I , � 11 L__ A I 011 13,O1&Sn01 13,085 e.0 ,13953..[1 \� I 21 ! -o_s_ f �� 18),810x0 _ _l b — 1 I 1 e�. � 12A25If I 1 11e.wsxf 1 -- 1 r- � r d I 15 _- _ 24 > :1,-,14- ❑,051 xE 13,O05e 0111 12 13,91 Lf.i�'U.—xL �rr"� 1741 1 11 I B I/�lt�.esa� �� /� % ✓ `\ I�11230E L_ _J/ i-=�I �r-- I 16 1 1 17 1 19 I R 1 11 19 n 20 n fMn I'L1 28 1 1 27 1 V 115.313eU '33.0119 s.f.il IZd61 ti1i18.125 xf 1111].177 x(.�11LDA0'[ pr�1 1)560x0 1 15?Oa xf.�1 12,M,I 112,391 sI IIS 14) .f.\71 1 I ♦ i1IL a �� 1 1 1 1 -1 11 1 I Tree Canopy Coverage Total site area 1,569,445 s.f. Total existing canopy 2631,443 s.f. 40.23% Preserved tree canopy Preserved tree canopy (green) ~338,592 s.f. 53.6211/o Possible preserved tree canopy (yellow);�:;114,375 s.f. 18.1111/o Removed tree canopy (red) H178,476 s.f. 28.27% 631,443 s.f. 100.000/0 Case No. Attachment E ZA15-152 Page 6 TRAFFIC ANALYSIS Kimley>>)Horn MEMORANDUM To: Wallace Rennels Access Permit Coordinator Texas Department of Transportation From: Jeff Whitacre, P.E. Pete Kelly, EIT Kimley-Horn and Associates, Inc. TBPE Registered Firm Number F-928 Date: November 20, 2015 Subject: Weisman Tract-Traffic Engineering Study to Support Variance Request Southlake,Texas Introduction The purpose of this study is to support an access variance/deviation request for a proposed right- in/right-out driveway along FM 1709 in Southlake, Texas for a proposed residential development. In addition, the study will also determine the need for a right-turn deceleration lane at the proposed driveway. The proposed residential development will include 65 single-family dwelling units and is located on the south side of FM 1709. between Watermere Drive and FM 1938 (Davis Boulevard). Access to the site is proposed to be one (1) right-in/right-out driveway on FM 1709, and an emergency access on the south side of the site (connected to Naples Drive). The site location is provided in Exhibit 1. The conceptual site plan is also attached. Access Spacing TxDOT's Access Management Manual sets forth criteria for connection spacing along a frontage roadway. Table Table 2.1 (Frontage Road Connection Spacing Criteria) provide access spacing standards for one-way frontage roads, two-way frontage roads, and other state facilities. Based on a 45 mph posted speed for an "other state facility,"the minimum access spacing is 360 feet. Exhibit 1 provides the spacing of the proposed driveway to the existing driveway on the east and west side of the development. The proposed driveway is located +/- 190 feet east and +/- 380 feet west of the next existing driveways. Based on these distances, the proposed driveway does not meet the minimum spacing criteria, and as a result, a variance/deviation in access spacing standards is being requested. One factor in determining appropriate driveway spacing is based on providing sufficient space for a right-turn deceleration lane. The existing driveway to the east does not currently have a right-turn deceleration lane, and it is not anticipated that one would be warranted in the future. Discussion on the need for a right-turn deceleration lane into the proposed development is provided later in the memo, which drives the distance from an existing upstream driveway. Case No. Attachment E ZA15-152 Page 7 r N a m RKET 1709 1 - FARM TO-MA +I-3iS0 FEET +I-190 FEET l ` THEiHILLS S ,s • LAKESIDE �� . , PRESBYTERIAN -. i CHURCH I Ip 1 it r E 9ii QW, -pi u �AEX, ;(i Imf ppinq-Ao9ri•, (^FJ, .GP, n [h GIS r unit Kimley»)HOfn NM DATE >6u SITE LOCATION AND DRIVEWAY SPACING ®xou KiM�er NaRN alao assaciaTes,iNc. WEISMAN TRACT•RESIDENTIAL DEVELOPMENT EXHIBIT 1 BE 1AORTH.'X Gt U.PHONE 817335 0 SOUTHLAKE,TEXAS FORT WORTH.T%T6102 PHONE Bt]335{511 rww.klmley Amn com Case No. Attachment E ZA15-152 Page 8 Kimley>))Horn 3 Trip Generation and Distribution To estimate the trips generated by the proposed development,trip generation rates from the 9th edition of the ITE Trip Generation Manual were used. Table 1 shows the trip generation rates for the proposed land uses. Table 1 -Estimated Trip Generation Rates Land Use Daily AM Peak Hour PM Peak Hour Description Variable Rate Split Rate Split Rate Split Single-Family Housing Out 37/o Dwelling Units 9.52'(X) 50%In 0.75'(X) 20%In 1.00' (X) 603% In (ITE 0210) 50%Out 75% Out Number of trips generated=Trip Rate'(Dwelling Units) Table 2 summarizes the total number of trips that are expected to be generated at build-out of the proposed development during the AM and PM peak periods and on a daily basis. The number of trips generated represents the number of vehicles entering and exiting the proposed development to and from the adjacent street system. Based upon the driveway access, all project traffic will enter/exit at the site driveway along FM 1709. Table 2-Trip Generation Analysis Land Use ITE Code Intensity Units Daily AM Peak PM Peak Total In Out I Total In Out Total Weisman Tract Single-Family Housing 210 65 Dwelling Units 619 12 37 1 49 1 41 24 65 Total Trips 619 '12 37 1 49 1 41 24 65 Right-Turn Lane Analysis TxDOT's Access Management Manual sets forth criteria for auxiliary lanes. Per Table 2.3 (Auxiliary Lane Thresholds), a right-turn deceleration lane should be considered on roads with a posted speed equal to or less than 45 mph if the projected right-turn vol ume into a driveway is greater than 60 vehicles per hour. The posted speed of FM 1709 in front of the site is 45 mph. Based on the trip generation, the right-turn volume is expected to be 12 vehicles during the AM peak hour and 41 vehicles during the PM peak hour. Therefore, a right-turn deceleration lane is not recommended at the proposed driveway on FM 1709. Case No. Attachment E ZA15-152 Page 9 Kimley>>>Horn 4 Conclusion The proposed Weisman Tract will include 65 single-family dwelling units generating 49 trips during the AM peak hour and 65 trips during the PM Peak hour. Based on TxDOT Access Spacing Requirements, the proposed driveway does not meet minimum spacing requirements.As a result,the property owner is requesting a variance/deviation in the driveway spacing standards. Following are reasons to consider supporting the requested variance/deviation: • Primary access to the development is planned along FM 1709.A secondary access is planned to connect to existing Naples Drive;however this connection will be for emergency access only. • Based on the anticipated number of vehicles entering the development, a right-turn deceleration lane is not warranted. • The driveway east of the proposed development(+/-380 feet)does not currently have a right- turn deceleration lane, and it is not anticipated that one will be needed in the future. However, the driveway spacing would allow for a full length right-turn lane. Feel free to contact me at ieff.whitacre(c-)kimley-horn.com or 817-339-2254 if you have any questions or comments. Case No. Attachment E ZA15-152 Page 10 Development Plan Review Summary Case No.: ZA15-152 Review No. Three Date of Review: 04/28/16 Project Name: Development Plan — Stone Trail Estates APPLICANT: Paul Spain PLANNER: Curtis Young Terra/manna, LLC Sage Group, Inc. 101 Clariden Ranch Rd. 1130 N. Carroll Ave. Southlake, TX 76092 (817) 424-2626 Phone: (817) 410-9201 Phone: E-mail: E-mail: CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 04/27/16 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. Lot 3R in the Brock Addition is shown to be included in the R-PUD zoning district. Please add the existing front setback (45') to the Development Plan as it is labeled on the Preliminary Plat. Specific language has been added to the Open Space Management Plan describing the use and maintenance of Open Space Lot 18. The open space lot contains a driveway for the garage on Lot 4, Brock Addition. The HOA will be responsible for the maintenance of the driveway, fencing and landscaping, including irrigation on that lot. The lot is fenced off from the rest of the development. It is intended for the use of the owners of Lot 4, currently the McCalls, as a buffer and for driveway access. All driveways/points of ingess/egress must comply with the Driveway Ordinance No. 634, as amended). A minimum spacing of 500' is required for the minimum distance from a commercial driveway ( a church is considered commercial property in the Driveway Ordnance definition) to an intersection along W. Southlake Blvd., but that spacing may be reduced to 250' for right-in/right-out driveways. A variance letter has been submitted requesting a variance to Driveway Ordinance No. 634, as amended, to allow a spacing of 199' to the Lakeside Presbyterian Church driveway to the west. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: A Tree Conservation Analysis was submitted. The existing tree cover is shown to be 40.23% and under straight zoning a minimum 50% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 53.62% of the existing tree cover so the existing tree cover preservation would comply with the existing tree cover preservation requirements. Case No. Attachment F ZA15-152 Page 1 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 Minimum percentage of the the entire site 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 public rights-of-way as approved by City Council. For property sought to be zoned for the Downtown zoning district or a planned development zoning district, including an S-P-1 Site Plan, S-P-2 Site Plan, Transition, Rural Conservation, Planned Unit Development, or Employment Center zoning district, the City Council shall consider the application for a Conservation Analysis or Plan in conjunction with the corresponding development application (as established in Table 1.0). The Planning and Zoning Commission shall review the application and make a recommendation to the City Council regarding the application. The City Council shall approve the Plan or Analysis if the Council finds that the Plan or Analysis provides for the: i. placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property including mature tree stands, natural creeks and ponds, and significant grades; ii. maximizes the preservation of tree cover preservation areas indicated on the Environmental Resource Protection Map; iii. maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses; iv. maximizes the preservation of existing trees, if any, adjoining a natural or man-made drainage creek; V. maximizes the preservation of existing protected trees along rural roadways and other streets as identified and prioritized in the Street Typology designation; and vi. mitigation of altered trees through proposed tree replacement procedures pursuant to this Ordinance. * 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. Attachment F ZA15-152 Page 2 LANDSCAPE BUFFERYARD COMMENTS: The 20' — L type north bufferyard has been provided. Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Om Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri(a-ci.south lake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the review of civil construction plans. 2. Please update the Traffic Analysis based on the reduced number of lots. Per the City of Southlake driveway ordinance 634, a deceleration lane is required if the site peak period ingress movement is greater than 40 veh/hr. The Traffic Analysis from Kimley-Horn shows 41 veh/hr for the previous plan with 65 lots. If a deceleration lane is required, a shorter deceleration lane than TxDOT requirements may be required due to the geographical challenges with respect to the distance to the adjacent western church driveway. This requirement will be contingent on TxDOT's willingness to amend their access requirement. A future deceleration lane is also proposed at the Lakeside Presbyterian church with phase II of the development. 3. Show any proposed sidewalks in the site plan. Street intersections shall comply with TDLR/ADA accessibility standards. Sight distances shall comply with AASHTO guidelines on adjacent collectors and arterials. Sidewalk widths shall conform to the Southlake Pathways Plan. Use the City of Southlake GPS monuments whenever possible. Monument locations can be found in the City of Southlake website: http://www.citvofsouthlake.com/index.aspx?NID=266 DRAINAGE COMMENTS: 1. A comparison of Tc's in itself cannot be accepted as justification for waiving detention. The Engineer should update the HEC-1 model to demonstrate the impacts of hydrograph timing. If this study indicates no increase in peak discharge, the detention requirement can be waived. If during final design a detention pond was deemed required, the applicant may be required to revise to the concept/site/development plan and obtain approval from the Planning and Zoning Commission and the City Council. 2. Include a pre-developed conditions drainage area map/calculations and provide calculations that demonstrate no adverse impact in post-project conditions as a result of development within basin A-1. LOMR shall be obtained prior to acceptance of the subdivision. Case No. Attachment F ZA15-152 Page 3 * Storm sewers collecting runoff from public streets shall be RCP and constructed to City standards. The proposed flume will not be allowed. * Property drains into a Critical Drainage Structure may require a fee to be paid prior to beginning construction. * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. INFORMATIONAL COMMENTS: * Submit 22"x34" civil construction plans and a completed Construction Plan Checklist directly to the Public Works Administration Department for review. Please allow 15 business days for review. The plans shall conform to the most recent construction plan checklist, standard details and general notes which are located on the City's website: http://www.citvofsouthlake.com/PublicWorks/engineeringdesign.asp * Submit with Civil Construction Plans a Storm Water Pollution Prevention Plan which outlines pre- construction, construction and post-construction erosion control measures. * A geotechnical report will be required for all private and public roadways. The geotechnical report shall include pavement design parameters for subgrade stabilization. * A right of way permit shall be obtained from the Public Works Operations Department (817) 748- 8082 to connect to the City's sewer, water or storm sewer system. * A Developer Agreement may be required for this development and may need to be approved by the City Council prior to any construction of public infrastructure. Construction plans for these improvements must be acceptable to Public Works prior to placing the Developer's Agreement on the City Council agenda for consideration. * Any hazardous waste being discharged must be pretreated per Ordinance No. 836. *=Denotes informational comment. Fire Department Review Kelly Clements Assistant Fire Marshal Phone: (817) 748-8671 E-mail: kclements@ci.southlake.tx.us GENERAL COMMENTS: Subdivision street names to be approved by city prior to final plat. Submit proposed names and alternate names as soon as possible. The gated entry, if approved, must be equipped with an Opticom or KS-2 switch for opening the gate electronically, as well as a means for manual opening. Cul-de-Sacs must have 30 ft. inside turn radius and 50 foot radius (100 foot diameter) for Case No. Attachment F ZA15-152 Page 4 approved turnaround. (Plans show a 90' diameter). Community Service/Parks Department Review Peter Kao Construction Manager 817-748-8607 pkao@ci.southlake.tx.us Park Board comments or recommendations: All applicants are required to appear before the Park Board to discuss park dedication issues if requesting fee payments or fee credits. Please contact the Community Services Department at (817) 748-8607 for further details. 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. If fee payment is approved by City Council in lieu of land dedication, residential park dedication fees in the amount of$3000 per dwelling unit x 61 dwelling units = $183,000. $6000 credit will be given for two existing dwellings. Pathway Comments: Should provide pathways consistent with Southlake Master Pathways Plan. Should provide pedestrian access from each building to Trail System or sidewalk connections and between buildings. Should provide 4ft+ concrete sidewalks on both sides of all public and private streets consistent with Article V Street and Right-Of-Way Requirements of the Subdivision Ordinance and all State of Texas accessibility requirements. Other informational comments? General Informational Comments A SPIN meeting for this development was held on September 22, 2015. Properties within Corridor Overlay Zone see Ord. 480-S § 43.9.c.1(e) for design criteria. Zoning Ordinance No. 480, Section 39.5(4) requires fences along W. Southlake Blvd. to comply with the Architectural Fencing requirements of the Corridor Overlay District. (Section43.9(c)1(f), which states "All architectural fencing which runs roughly parallel to the SH 114, Carroll Ave.FM 1709, FM 1938, rights of way shall be constructed of the primary materials of the building, wrought iron or living plant material. It shall not run in a straight line without being offset by a minimum of 6 feet every 60 feet. It shall be located no closer to the right of way than one half the width of the required bufferyard. No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. 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. Case No. Attachment F ZA15-152 Page 5 All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. Development must comply with all requirements in Zoning Ordinance No. 480, Section 43, Overlay Zones. 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. The proposed street connection on Southlake Blvd. requires TXDOT approval. Denotes Informational Comment Case No. Attachment F ZA15-152 Page 6 SURROUNDING PROPERTY OWNERS Stone Trail Estates 01 3111 �� P7 Q ,(h ti 119 l,l 'Um 0'L°^ 0 y a� s0 �o m >� r2 ryry 116 Z 115 ��V �O 2225 10 200 3110 W a w n O ry 10 ^ '(f z �1 opo 5 394 3125 101 � 1 `� 12� a 108 >107 608 2580 2530 ry,9 104 103 BIG BEND1 21401921 191]1913 2651 0 01 2501C v 3120 1- 0 m 3200 00 2920 2900 2�0 282V p1 I' 2 2at9 $ 2815 O 2&11 v t9 91916 t9 2 3119 3051 51 283 2813 h 9'0 U 1 1T 1913 1 3001 81 305 tt o> 3a 5 r- VI T tO Z v0 3015 3061 2629 R� 1922 1918 910 ry T 819231921 1917 0 2631 KEW 50 2s1a p 2 ^ 3140 3 311 app U 3145 3135 3125 311 o 211 Q m 3140 3130 311 p �y p 410 3105 3135 3125 3115 3110 m X101 306 Z 70! 7_ 0 2300 2150 3150 31 ICHAE DR 10p 5 MERRI 2 99 2050 n pm s 2435 2152 n 3105 2395 2395 2900 m N N o W o r p 2025 2105 2055 ry0 $ 29042 12 r 0 2109 m> 2110 405 41 11 912 W7913 1. NADO I LLC SPI 2530 W SOUTHLAKE BLVD 1. 2. NADO I LLC SPI 2580 W SOUTHLAKE BLVD 1.71 3• BONOLA FAMILY LTD PRTNSHP SF1-A 2608 W SOUTHLAKE BLVD 1.78 NR 4. HALL,JERRY G SF1-A 102 JELLICO CIR 1.24 NR 5. WIESMAN, E L2607 W SOUTHLAKE BLVD 6. QUINONES, MICHAEL C SF1-A 109 BROCK DR 0.58 O 7. VARGAS, PERRY W SF1-A 209 BROCK DR 1.14 O 8. HOWARD, EMMA L SF1-A 303 BROCK DR 1.13 O 9. WIESMAN, E I 2641 W SOUTHLAKE BLVD 10. MCCALL, MARIE C SF1-A 320 BROCK DR 1.33 O 11. KUELBS, GREGORY G RE 500 DAVIS BLVD 5.50 NR 12. PAPILLARD, MARJORIE S SF1-A 319 BROCK DR 0.67 NR 13. PAPILLARD, MARJORIE A SF1-A 329 BROCK DR 0.74 NR 14. HANEY,ARVEL W EST SF1-A 400 BROCK DR 4.84 15. KUELBS, GREGORY G RE 504 DAVIS BLVD 2.03 NR 16. LOWMAN, MIKE SF20A 711 PORTOFINO PL 0.47 NR 17. FRANKS, NINA SF20A 700 VENICE AVE 0.47 NR 18. BEENE, LORI DAMRON SF20A 719 PORTOFINO PL 0.46 NR 19. FAZEN, MARK A SF20A 720 PORTOFINO PL 0.46 NR 20. HARIDAS, RAGHAVEN SF20A 701 VENICE AVE 0.46 NR 21. POTEET,THOMAS AG 2435 MICHAEL DR 0.55 NR 22. C&T LAWNS LLC AG 2440 MICHAEL DR 1.13 NR 23. STRAND,VERLO J AG 2420 MICHAEL DR 1.13 NR Case No. Attachment G ZA15-152 Page 1 24. C&T LAWNS LLC AG 2425 MICHAEL DR 1.11 NR 25. SMYTH, HENRY C SP2 301 WATERMERE DR 6.37 NR 26. MULLENIX, DAVID W SF20A 701 PORTOFINO PL 0.59 NR 27. SMYTH, HENRY C SP2 301 WATERMERE DR 8.90 NR 651 W SOUTHLAKE BLVD JW 13.1 29. LAKESIDE PRESBYTERAN CHURCH CS 2701 W SOUTHLAKE BLVD 7.43 NR 30. KUELBS,GREGORY G SF1-A 684 DAVIS BLVD 5.00 NR 31. JOHNSON, GEORGE AG 2390 MICHAEL DR 1.13 NR WIESMAN, E I 2621 W SOUTHLAKE BLVD I- 33. 33. WIESMAN, E I AG 2631 W SOUTHLAKE BLVD 3.50 F 34. HANEY,ARVEL W EST SF1-A 410 BROCK DR 1.70 F 35. BYLER,JOHN R SF20A 705 PORTOFINO PL 0.46 NR 36. FARAGHER,JACK SF20A 707 PORTOFINO PL 0.47 NR 37. YOUNG, MICHAEL M SF20A 715 PORTOFINO PL 0.52 NR 38. QUINN,WILLIAM AG 2445 MICHAEL DR 0.57 NR 39. COUCH, BOBBIE JOE SF2 829 SIENA DR 2.37 NR 40. SOUTHLAKE CHURCH OF CHRIST CS 2417 W SOUTH LAKE BLVD 9.82 NR 41. WIESMAN, E I SF1-A 250 BROCK DR 1.53 F 42. BUCY, DOROTHY HALLMARK SP1 2419 W SOUTHLAKE BLVD 1.28 NR 43. QUINONES, MICHAEL C SF1-A 105 BROCK DR 0.51 O Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-six (36) Responses Received Within 200': Five (5) responses and 17 Public Comment Forms -Attached Case No. Attachment G ZA15-152 Page 2 Notification Response Form ZA15-153 )JA-r - /S_2_ - , Meeting Date: February 4,2016 at 6.30 PM MCCALL, MARIE C ne, 320 BROCK DR SOUTHLAKE,TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING, Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecidedabout (circle or underline one) the proposed Preliminary Plat referenced above. Space for comments regarding your position: our fears are listed below: 0 Animals have lived in this open area for eons. Often traversing our roads to get a drink in creek. We have bobcats,coyotes,fox,raccoons,owls,bunnies,hawk,etc. Air quality - if 64 housegat 2 working people per house, with 2 cars, then that makes over 100 earl going to work/school/etc. The traffic on 1709 will be worse. 3O They are over current density limit of 1.8. They are at 1.8.04. PAW offered to ut sp.% put our land into that edition in order to meet city density requirements. We do of want to be part ot trate i ion. or,a�ny�o� their res ric Tons ec sions. 41 This zoning change will put the road Mgress)to our home under their HOA. How cant it? If they own it, they should take care of it, water it, maintain fencing,etc. Or Pa reduce their--plan by one or two houses.n5 making money should never trump ecology,air quality,ov -density,status quo of southlake neighborhoods. Signature: �� - _ Date: &,,2016 7 Additional Signature: Date: )j),u jg o t b Printed Name(s): Mg2�'� C. n9GCaLLRold Must be property owner(s)whose names)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): _ �� ®� —/2� ^ Case No. Attachment G ZA15-152 Page 3 Notification Response Form ZA154 52 z Meeting Date: Fe ruary 4,'2016 at 6:30 PM MCCALL, MARIE C 320 BROCK DR SOUTHLAKE, TX 76092 .. PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. I Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. 0"A r6ouCINTs Arte l;sTeo1 below Space for comments regarding your position: t'.a ACmAIs NAue vr'eN ']AA 'To GeTft 4Ajmk, N CA8eK.lrlekAueQebo�iFSrCoYa�CS,Fe%,RACroo.us owIS,burvmg5 Awk5 , ti-rc (k„) A:K 9.A(,T-)-rf6+4 houses 41lu,e, Twv cooRk 7,v6 PeA AQl .se�u/:rkTwaoARS,ThaW 'i hAr01A/ceS o VCQ leo cAlis Go;WCVi e woAk�SC(78o l� Te,i ire 7AgFr r ins i?ogw i!1 be -4s e­ (2) , (3•)Tl�.-Y Acooe4 Cu AAe,-TcJe,v5iTY I;m,T of l.8 , rheY Aae_ 1.8.a,+ , ?Au1 SPA;ru oPFellee) 2-a j,Ae.C1 ;(oro 1"h)9 ej,riov ',voadeR- TvM"7 cii`/Ij¢rvc,Ty /iegr,irternari,lS.Wedm ,1-T_LvAw7" Te lae nr' Th4T Ed;'T,`oN .tuakf NY of Th4cR Hoo ReS�RiC'T;enrS/ aei5%oris . 0-rhis7_.WxvGA,.,;It I ,T The £6re5S44r,vCAOA-s TamuRhzDMLP —8alt_ The,(k8oA,04OwCAxuThey( C_ 40&e "> AT":5 o-(L FUGki Teo oulLFEouse •ThAwv letl u5 how TOAFIXjv7j4;,V ;! R ;FThef mwN T he,v rhe( Shaul Cy r71,q;,uTA;w pe-CWG 49"e wATe2 The:IZ fi(ArVTS ,A Slong ✓ZeducQ The;2 P I A W by on.e 02 Two house 5 ©rN4K; u0. 010 s h o-1 CJ nreverk TAeCo 18 Gy, R%2 (PO 14 tyr011eTY, s7Arv5 quooF SavTl�lr4r•.e n1 e.;g�bo� lloea5 Signature: Date: � /Z Additional Signature: 1 .Date: �TaKr Ig o)j, Printed Name(s): /1�,9�2�� /yl �l� /�r�►�old 1 it Must be property owner(s)whose name(s)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): _71T Case No. Attachment G ZA15-152 Page 4 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. L i Name: e t�v Date: Address: 3 ,) y 1 A r C C Phone: y I � (Include City and State) ❑ I wish to share my views on an Agenda Item: Agenda Item# / q-- / 14 I 1 will soc;ak in SUPPORT of this item I vdil speak in OPPOSITION to this item I do not wish to speak,but please recor�.,my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signtature• -�_- � Rep tr¢tl (arils w"11 r.'t.:s rt(< F w. isu'f)t he rM1:cord ur less itis.signer, i Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: J, L_r�'-y � I ' 1: � ��J Date: Address: 3 oZfl t�R'�YC t,-- U l�i v CE . SOv tt � l,q K P Phone: (9/7 5 2s­t 9/9 (Include City and State) ❑ I wish to share my views on an Agenda Item: Agenda Item Ll I will speak in SUPPORT of this item y�," I will speak in OPPOSITION to this item !r. I do not wish to speak,but please record my �� �� SUPPORT OPPOSITION L� Citizen Comments(for an item on this agenda) e Signature:_ Required: Cards will not be rea int the record unless it is signet, Case No. Attachment G ZA15-152 Page 5 Southlake Planning & Zoning Commission Meeting S-A�-w(TF-nIS Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. , 1 NV C - t � Name: � � +�ZO� ►�l Date: - _ nn \ r✓ r Address: �� � G�i � Phone: �— (Include City and State) r l.-j I wish to share my vie s an Agenda Item: Agenda Item# I will speak in S'JPPOVT of this item I will speak in OPPOSITION to this item I do not wish to s.jeak,but please record my SUPFGRr _ OPPOSITION LJ Citi.,en Comments(fur a•t'tem o i :his ag_,nda) L iakaa*!'ii: G'a rG�s x HI nrY be read' e ,ord unvss It is signed 401,10. OR Case No. Attachment G ZA15-152 Page 6 Notification Response Form ZA15-152 Meeting Date: February 4 2016 at 6:30 PM VARGAS-, PERRY W 209 BROCK DR SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the properly so noted above, are hereby in favor ofopposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: Date: l 1-4 Additional Signature: Date: Printed Name(s): P4-1. v r V s Must be property owner(s)whose name(s)ar printed at top. Othe a contkttha Planning Department. One form p pry opeq. Phone Number (optional): f3l Srf Case No. Attachment G ZA15-152 Page 7 January 21, 2016 Perry & Elvira Vargas 209 Brock Drive Southlake Tx, 76092 517-431-2659 Resident since 1978 Re: ZA15-152 - Reasons for not in favor of Rain water not saturating and eventually going into the creek behind us. To much concrete. Worry about it overflowing and flooding. Creek behind our yard. Who will be responsible if flooding occurs? Water in the ditches across from us settles there for days after it rains. Trap for mosquitoes (eventually the church will propose to put a parking lot there) Nancy's property is on a flood zone as it is. Our street will be less than 10 acres when Haney's property is sold, developers will not buy less than 10 acres. Price of our home when we decide to sell will be less. With all these homes being build, there will be more traffic.and congestion. It is already hard to get in and out of our block. Also more pollution. Southlake Blvd. is already congested. We have cars turning in and out of our driveway as it is and tearing up our driveway. Bunch of trees that been there for years will be chopped down. Husband has COPD. All the construction will create more dust and will restrict him from sitting outside. Not to mention all the noise while construction is going on. This is normally a quiet street. Case No. Attachment G ZA15-152 Page 8 Construction trucks will have to come down our street to built part of the development. Wearing out our street more. Also, all the rodents and snakes will becoming down into our yards. They will be looking for another habitat. Jeopardizing our safety. DUST, HUSBAND COPD TRAFFIC AND CONGESTION LOSING PROPERTY VALUE WHEN WE DECIDE TO SELL RODENTS AND SNAKES NOICE CONSTRUCTION TRUCKS DOWN OUR STREET. WE WERE TOLD THAT THEY MAY SELL TO THE CHURCH PROPERTY ON BROCK,AND THEY WILL BUILD A PARKING LOT. THAT MEANS MORE CARS DOWN OUR STREET, CRIME,AND UNSAFE FOR CHILDREN. MORE CONCRETE,AND WATER NOT SATURATING. HOW IS THIS BENEFITING US? t 6"d-m Case No. Attachment G ZA15-152 Page 9 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: Date:---2 Address: ( r, Phone:���� nclude eity a State) ft- I wish to share my views on an Agenda Itema�a/ -7 Agenda Item#�I l S z /S- I will speak in SUPPORT of this item will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature:_ Required: Cards will t read into the record nless It is signed IJe T�ct.l s Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: Qv? /7t'yl 4 �'r o7'-1 //� sjC 3y�/� V�f r� �i S Date: Address: 0V �4C� ��►vC� 50L)f4 le.re 71 Phone: (J'I 75 " nclude City and State) I wish to share my viewspn an Agenda Item: G Agenda Item 4--7 3 r I 11 speak in SUPPORT of this item �I will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION AT Citizen Comments(for an item on this agenda) W I LL. L 1 GLI TD 5PIEAK 1-1 r 7—ff one5 1 - 9 Signature• Required: Cards ill not be ad Into th recor nless It is signed Case No. Attachment G ZA15-152 Page 10 Notification Response Form ZA15-152 Maef€ng Date: February 4.2010 at 610 PM NADO I LLC 81010 THROCKMORTON ST APT_2700 FORT WORTH,TX 76102 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HADD DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Be a (s)of the property so noted above, are hereby R t in favor of opposed to undecided about circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments reg rding r pcxaihon: VrC6. ��H- Signature: Date: 1 � Additional Signature. Date: Printed Name(s). _�_C- �1 V M.DL P. f& Must b property owners)whose narne(s)are printed at top, otherwise contact the Planning Deparrtrnent. One form per property- Phone Number (optional): Case No. Attachment G ZA15-152 Page 11 Notification Response Form Direct questions and mail responses to: ZA15-152 City of Southlake Meeting Date: February 4,2016 at 6:30 PM Planning &Development Services. Notification Response 1400 Main St; Ste 310 Southlake, TX 76092 QUINONES, MICHAEL C Phone: (817)748-8621 105 BRCCK DR Fax: (817)748-8077 SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY` BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s)of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: Signature: Date: 091WV /G Additional Signature: Date: 0/a/avid Printed Name(s): I"�,'c��� a 4el Sn-�z av,'w il„rs Must be property owner(s)whose names)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): ��7� 7 q �- `710 Case No. Attachment G ZA15-152 Page 12 Quinones Family Primary reason for opposing ZA15-152 and ZA15-153: Neglect to take city vision and values in to consideration when designing the Stone Trail Estates development. Very little greenspace and conceptual design does not follow the city's"board of commissions manual"corps value for neighborhoods,"We offer quality neighborhoods and a high standard of living". Don't want the Stone Trail Estates design to not live up to the City of Southlake standards. Case No. Attachment G ZA15-152 Page 13 z o o � � N m p Ln — \ � Z3 4 d- wo z O V) Z E - O Ln W p 2cc Ln L o U Q w z 0 — � a � p a o Case No. Attachment G ZA15-152 Page 14 � 2 � � LA ES � | 2 k 00 c 0 O _ r L- s GJ g c c c \ :3u '� > 0 CA D o Cr o o� § :E tuA $ = = s 0 § 0 .k Ln Ln j }® q ; 1 § 0 k a ° 2 ( ( 2 ) & § ® § \ -. / ) § § - § 4.0 \ ( c § } ( § § § $ & § § § k § k § \ O E • ! ! ( 4-J71 k z / �7 \ ( m r § ! } / � � � � } � � � � E c > § B ( § § ) ; - _ § 2 § 6 ` .� . / ! 12: � O : ) ( \ § } k ( § Case No Attachment G Za15-152 Page 15 C .O p v1 Y U .� p °- 3 M � �' .� u ' vi 1 + CL v Y C M N v 3 o c a� M c E m X 00M cry N hti m N N ( °n m a e N �\ o tzo8 tzoq N e-1 N 0 L _ s CO of tzi3 t2o9 1za5�. -- Rothschild Boltevar atia f� o� - -o LCO =5(D of LO °��'M LO a COM n N d- � CD a 2 � g (+7 rn 00 v N a L M n a v ri o 0 n ° " vi 0) 0 o Y (WO 05 M o NN n 31-2 3z6 M ° LO d �p a Case No. Attachment G ZA15-152 Page 16 u V �(A M •� .� WQ •� U U }n f� .> =O _ Q 0) n o *, v + v w > 0 c c ra' `a a E 0 -0 � N 0 = t V M X � v Z 0- C O Q H l•o.. ��•.•� l+ s_ A I tai •.. ,�.. k , , r+ulYu'�nht M111�1 i 1'k� ( � awe' f f! t � -•'� _ /� 1 - 1� 'Q 3 i�k �!'( �11 I �I a Ill e.I "lil r -i..i� r or `1 I� ° 'i .: .• ,I^.:;l•-: a i� j �•,� :v 11 � ( °'� Ya � i l4 �d iF^;:+ I n': �hP`j I �_L�._11.�.'ri f r •k I�' r....i Y � I � 7 .:•�-tet- } �,(�+ 7 `� .N'� it d3 i,l O�I I`'... i....� i..y.l I�.1 �I� '6 I 4 I Ili r.� I ;`_,',„ ,9 � .A �< I ...� ;'I•:�-"'� V�� I r, 4,1 �, C9E ,, 11 A �: (I I ` .l�"Yf•_•.Y. I I I q• .. `_ I R - - , r y�i � � 6 I ":III:� I I� � I ` , I L'•�_, 7• +. � �.»`f U jJlA7'1.,i' , � �.:� � I ,{,Il etl � � i I ; ag � n� y;R '! v� - r. 11.114 *� •. l l 7 i 4�: �" } 1 ir-:� I��� � y 1� ./ 1 1 I I k:• � �.. . :i ^ II :1 I ^�.3 I I I 7•� '�_} 7 1 t (//�� � .I• i 1 lar " ` I �r I 7 �' �.7..� �. 1�i .:J h T•' ----- ''' r, .l��.Y i i �• i'�lam.;ti�'7:_ i I i��'�'y'^I � i..�. _ `� -, r... 7 .,1 +, r1 f •�l ��I••i I I ' a Irl � r.a:. •'�, p� ;�� _ ��, f •` 1 � � :lily. �,I�^—?4'iY4 ��1 itl"li, f.ii i:il �r�_i'iR� II' i•y.� v i .1 -.yap. l:, 7 •I 11 ,, rl;i(Yd ,g1+,IWtl.r 71 ,1 I 1 ---- -- '---- ' `:.� TIY' IIS• � tt`, +', i ••'I Y I I'Y 1 �P�`r"1 1... { r Case No. Attachment G ZA15-152 Page 17 N Ln L C b.0 N O L •N N E O QJ LQ) E O ra aj E O EZ3 Qj N O u 0 O _� +-+ N O +, W � c0 D 4-j � !n > •� J J (U 0 J %4- O 41 LM wW Cr O v v1 4-J Qj E aj IOUfO `o U, O s a, v v C I— Ln a U it ,'� 1,f'1 r � �r,�,��:1 ) �•�\ I C• � ;t; � 1�� X41 •yt 4 � 1 [1 I r �[-L uuusrn, It x 11 e. 11 k � �. ti •r-'�-� �'j .I-9 — _ — SII � �1 i i ', '' �Y� F y !F '! r � \5 !'L IL ,11 •I ' �' "I 1 t,1�9 �'' �! `1tEyy� 1 'll'IH�,'In�l'Ip i r..Y^ G� � � ,.I•. I tl}-�' 1��!'S I s :11 SI h I I� �f JI i i��ryy,7 `I + 5 � e PI 1 I . I 1 7 1 J I '.r.+r 1 '1. II '' I' .. its ___�•-, �' I 11i.p'. � I I. � 1 t! 1 I w�yy I 1 ^I�•� I- �tl. ' S ': . ,I' i I�� i� iF +ti+)I ! I I�t•i 1t�.w.l]` L_.. P �•� ) 1 �' i 1 I I '�41l^�,,'I�: l 1 L._.J '�I� !i• _ '- JL ,. :..� 3j I :IJ! .�,..+ �I P(I I'iPl I .. � '� I IL...1 A al l ,�1� 5 � 1 _lI LL_..1 i-.:--, .•1 '[} ` :�,. 101 I I ;�j �3+; I � Y r.[S. '. .5 �` �}♦] 'I I I,T' 1 ) I ' I M I 4...�1.... ., t'I ) I 'r':y � f+ � I �•I 15 � I S• I I it 1 QI pp 11 W r (II. I .:'Y:'..� II I I IJ .� '` r �Lj1 a, ' ! I 3 I 1 • ') r l 1 1 1 1 1 r 1 1l� 1 h! w� ' f -:=:l., � I I � 1 i 5 -,•-1 9 I 'I i 1 11 ( 7 I 1 L5 I , � r• , ,v._ i -� l- �� �R7 r— �'1 I n!1 I 1 I 1 �.!1 ' 7 I� . �[. /_.�11 1 7 It 1• 7`,I .. �•;� 1 I�}\ r Ir { I }III �!I �.:. J 1.1. V` t i-i)-I}I V 11. Il` V I •1 L...J I .:.}..' ' W �V -'-�5 � i 1't ,'� I d I i I a} I ..�--- ' � pe 31•C ^ I � ...�.�L•_., I•�'I 1 I 1I11 .1. �r 1 -•�t.�ll l' J I�:YI I R\I I 2 I � a VI 14+V,` .i 1 .�, �t�I•y III^iI I? 11:� 11 r___- �C' Y ri 9 ! '� � �v �..t-+ },`I �r �1 ;VS`v' � 1�".•., !I� f'i I } I L.� L 1 YnA I �I� 2: ..'4,_[�dl ,i i9 1!I S"+' ,1.11..1 1,i' L_.:.-�5 .! '1 ,5, 'I 7 I fl �... .� r•^, r-..� } It, I��j IT' Y I I _ `�•",I I I x :_71 �� . ,�. iL_ :11nt'll :aill�S .r- � 1 01 i, 1 I ) t _r► ..:)r....- I r � :I I .. '�.".' ! I 7 I I I 1 11._:. i 'I I c I I i' 1� 15 -•_�_, r'1�....t 1 ''� 1 r! l ' r I 11 I �. �t III Di 1 Ir.... � ' 9.11 � I � I ,.05 .J r n11r¢ I )i R r•.y .' `�•�f.� 11 .� J�( 'I Q5 I t I 1 II I I .II 'Q .- 11 V I l.i 1 I n!II I 1p 111 I ` - 'r_- I, 1' 1• y , r 1 s I I! �, �. �If t' I��, ' 'I 'I III,. I If I ,-., I tl 3 I, lI 11 +./, I f- 1 ,. �'!•'I L..- � V ! ' II ! 1 4 I r I - i 4_l ' �II_r ti I.-t l '•-, t 1 / I n:Irn I�ItI I`n• lil � " 9i'� 3yyN �' •,.,~s y. Ill ,:"^"•i�&. iL�r,rl•�I� ��#.!-si .•,'�;r,��:,�rD� " ,, J ��:: Case No. Attachment G ZA15-152 Page 18 ColleVville Opposed design for Terra development-REDUCED IN SIZE March 6,2013 A proposed new subdivision along Bluebonnet Drive drew a crowd to Colleyville City Council to protest Tuesday. The Preservation on Glade along Bluebonnet Drive started with plans for 48 lots. By the end of the meeting around midnight Wednesday,the lot number at dropped to a maximum of 38. The council took no action because the project was presented only for first reading and a public hearing. Members asked the developer,Paul Spain,to come back with more details of the slope of the property and grading plans. Residents of the Bridges at Riverwalk,an adjacent subdivision,said they opposed the new development because of existing drainage problems,traffic issues and density.About 14 people spoke against the project. "Why don't they go over to Euless?There's lots of land over there in Euless,"one man said. Others showed photos of water flooding through their property and expressed worries about traffic. Developer Paul Spain of Terra Land said his proposal would actually eliminate the drainage problem.He also showed the City Council a traffic study that indicated the impact would be minimal. Two more new housing developments that had attracted resident protests earlier subdivisions were approved Tuesday,the earlier issues apparently having been worked out with residents. Case No. Attachment G ZA15-152 Page 19 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: l y e c� w, . e, S Date: Address: 0 S /5loc !//�'vP S6✓fti�a�P T/' Phone: J/7) 7 (I e City and State) P411-Wish to share°my views on an AAgendq lrem- A.g en<la Iteia#_`Z /,�'�2 3 -Z «ill bra;;i •SUPPORT of this item viii,' spi-ak un OPPOSITION to this item ctJ not-%'sh to speak,but please record my SUPPORT OPPOSITION u Citizen.Comments(for an item on this agenda) Signature: �fY�F1i:'Q��" i�C:r✓,�ct!�� mot P� th.., ortk b'7tFe.:S'St d.9'Si ne- Case No. Attachment G ZA15-152 Page 20 City of Southlake Meeting 04/07/2016 Items 13, 14, 15 Ord . # 480-712 Neighborhood #11 ZA15- 152 and ZA 15- 153 OPPOSED RESIDENT DISCUSSION Case No. Attachment G ZA15-152 Page 21 Table of Contents Summary of the Opposed Page 3 Original Stone Trail Estates Designs Page 5 Supporting Documents Page 7 Appendix Case No. Attachment G ZA15-152 Page 22 Summary for the Opposed Short summary on Lawsuit for remaining residents of Brock Addition Opposed of Terra Design: The Plaintiff has a contract to sale her property to a Developer(Terra—Paul Spain)with the stipulation that a 40 year old restriction be removed. This Stipulation has left the Plaintiff and her son(Attorney representing Plaintiff)no option but to attempt in disqualifying Defendants vote to allow the 40 year old restriction to be lifted. See Exhibit 3 The Developer knows that residents of 105, 109,and 209 Brock(Defendants)will not agree to remove the restriction until his design is approved by city council(which has been denied twice,council 2030 meeting and recent rezoning meeting ZA15-152 and ZA15-153)and all his guarantees to Brock Addition community are put in writing. As the defendants have told the Plaintiff and Developer before,our entire community will agree to the release the restriction once he puts all his guarantees to the Brock Addition Community in writing and the council approves his design. He has not agreed to,nor have his plans been approved. Lawsuit remains pending. -Restriction does not allow more than one family home to be built on each lot of the Brock Addition neighborhood Additional notes: Brock Addition Restriction Release-Majority of the neighbors whom initially signed the release to remove the 40 year old restriction are no longer in favor of the build as Terra and Mr.Spain have changed the design multiple times and are now retracting many of his initial verbal guarantees. Brock Drive entry not an option for Mr.Spain-Mr.Spain does not wish to incorporate a'Brock drive entry"into his design because it was a guarantee in writing,in order to receive signature agreement by more than half of the Brock Addition community. This Guarantee states that Stone Trail Development will not utilize Brock drive as a neighborhood access. See Item 1 and Appendix for entire document"Partial Release" -Majority of the Brock community is now opposed of lifting the Terra restriction and have voiced their opinions,"that if they had to sign again they would oppose the design and not agree to lifting the restriction." Incorporating Brock into the design will require Mr.Spain to have new agreements signed by all Brock Addition Residents agreeing to lift the restriction. Top Brock Addition Community request/concerns: False statements by Mr.Spain to Brock Community-Residence initially asked if Mr.Spain did include Brock into his design(although not in favor)as an access point that he put in writing, to develop the Brock drive and incorporate sidewalks as the majority of the neighborhood walks up and down the street for exercise because of no sidewalks being available. This request was denied by Mr.Spain as he mentioned the city of Southlake would not approve a sidewalk design and street improvements if he requested it. This statement was later proven as false when the city of Southlake Public works was contacted,and stated"that Terra would only have 3 Case No. Attachment G ZA15-152 Page 23 Summary for the Opposed to apply for permits to have his sidewalk/street improvement designs approved for Brock Addition. False Guarantee's-Brock Addition Community asked that access to the Stone Trail Estates open/common areas be granted as a good gesture and put in writing as such. Mr.Spain initially agreed verbally however,has publically stated since,"that the open/common areas a solely for use of Stone Trail Estates residents." See public SPIN meeting video for 02/04/2016,items 13, 14, 15. Design in Best Interest of City of Southlake-Neglect to take city vision and values in to consideration when designing the Stone Trail Estates development. Very little greenspace and conceptual design does not follow the city's"board of commissions manual"corps value for neighborhoods,"We offer quality neighborhoods and a high standard of living". Don't want the Stone Trail Estates design to not live up to the City of Southlake standards. Terra Previous Designs Denied-Previous design was denied in order to preserve Quality over Quantity reducing initial design by 10 lots. See Item 2(City of Colleyville ruling,2013) 4 Case No. Attachment G ZA15-152 Page 24 Terra's-Stone Trail Estates Designs - 65 Lots Initial design prior to South lake 2030 Planned meeting in December 2015 J 174 j I - I - 65 Lots Design 02/04/2016 after board "K•-:-, _= `- '=�t—,T. � �--;rte= n _ member recommendations to add more Southlake unique values to - '�� ' _ - _ ::_ design 47 Case No. Attachment G ZA15-152 Page 25 22 - Southlake Subdivision Comparison i I � r . C.e,,, ,r:, w.�,il ,�„ -�� Villas at Hidden Knoll design f 40 units j T—_ �- Maximized Greenspace _. O1• 10 T..�{ L Terra's-Stone Trail Estates design ANTE 64 units -- _ - - - - - I L� i Floodplain primary Greenspace -+-+=� ' i ; - - —_ —' Already unusable space Case No. Attachment G ZA15-152 Page 26 => 3. As part of the development of the Haney Property, Terra eliminate access to the Haney Property from Brock Drive and will fence off the Haney Property from the Brock Addition. 4. This Release may be signed in multiple counterparts, each of which shall be an original for all purposes but all of which taken together shall constitute a single instrument. 5. As used in the Release, "Terra" includes any successors and assigns of Terra. [Remainder of Page Blank; Signature and Acknowledgment Pages Follow] Item 1 Case No. Attachment G ZA15-152 Page 27 Colleyville Opposed Design for Terra Development—Reduced in size March 6,2013 A proposed new subdivision along Bluebonnet Drive drew a crowd to Colleyville City Council to protest Tuesday. The Preservation on Glade along Bluebonnet Drive started with plans for 48 lots. By the end of the meeting around midnight Wednesday,the lot number at dropped to a maximum of 38. The council took no action because the project was presented only for first reading and a public hearing.Members asked the developer,Paul Spain,to come back with more details of the slope of the property and grading plans. Residents of the Bridges at Riverwalk,an adjacent subdivision,said they opposed the new development because of existing drainage problems,traffic issues and density.About 14 people spoke against the project. "Why don't they go over to Euless?There's lots of land over there in Euless,"one man said. Others showed photos of water flooding through their property and expressed worries about traffic. Developer Paul Spain of Terra Land said his proposal would actually eliminate the drainage problem. He also showed the City Council a traffic study that indicated the impact would be minimal. Two more new housing developments that had attracted resident protests earlier subdivisions were approved Tuesday,the earlier issues apparently having been worked out with residents. Item 2 a Case No. Attachment G ZA15-152 Page 28 Appendix 9 Case No. Attachment G ZA15-152 Page 29 7STATE OF TEXAS § COUNTY OF TARRANT § PARTIAL RELEASE This Partial Release ("Release") is MADE by the parties who have executed this instrument below(each,an"Owner"or"Lienholdcr"and,collectively,the"Owners"). Margaret June Haney, as Independent Executor of the Estate of Arvel Wayne Haney, Deceased, Cause No. 2015-PRO1041-2. Probate Court. Tarrant County. Texas: Margaret June Haney. Trustee of The Arvel Wayne Haney Estate Trust executed on August 7. 2000. and amended thereafter, under the third Article of the Last Will and Testament of Arvcl Wayne Haney. Deceased. Cause No. 2015-PRO1041-2. Probate Court. Tarrant County. Texas, as devisee(jointly"Haney")owns property(the"Haney Property")commonly known as 400 Brock Drive, Southlake,Texas,and being legally described as follows: Lot 5, Brock Addition, to the Town of Southlake, Tarrant County, Texas, according to plat recorded in Volume 388-44, Page 40, Plat Records of Tarrant County,Texas Brock Addition contains 10 lots,and the Owners are all of the owners of the lots in Brock Addition. Haney and Terra Manna LLC, a Texas limited liability company ("Terra"), have entered into a Contract of Sale whereby Haney will sell,and Terra,will purchase,the Haney Property. Terra intends to rezone and replat the Haney Property and develop as part of a subdivision of single family residential homes. As part of the development, the Haney Property will no longer be a part of the Brock Addition, and access will no longer be provided by Brock Drive, and the new subdivision will fence off from the remaining lots within Brock Addition. It is declared as follows: 1. At the closing of Terra's purchase of the Haney Property, this instrument will be recorded in the Official Records of Tarrant County, Texas along with the Deed from Haney to Terra. This Release will be effective as of the date of the Deed from Haney to Terra. 2. The Owners agree to the removal of the Haney Property from Brock Addition, and release and discharge the Haney property from the instrument dated December 12, 1967 executed by Jack D. Brock and Anita Brock recorded Volume 4508,Page 10, Official Records,Tarrant County,Texas. 1 10 Case No. Attachment G ZA15-152 Page 30 3. As part of the development of the Haney Property, Terra eliminate access to the Haney Property from Brock Drive and will fence off the Haney Property from the Brock Addition. 4. This Release may be signed in multiple counterparts, each of which shall be an original for all purposes but all of which taken together shall constitute a single instrument. 5. As used in the Release,"Terra"includes any successors and assigns of Terra. [Remainder of Page Blank;Signature and Acknowledgment Pages Follow] 2 11 Case No. Attachment G ZA15-152 Page 31 OWNER OF LOT 9: Michael C.Quinones Sandy Quinones STATE OF TEXAS § COUNTY OF TAR.RANT § This instrument was acknowledged before me on the day of , 2015 by Michael C.Quinones. Notary Public,State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of ,2015 by Sandy Quinones. Notary Public,State of Texas 11 12 Case No. Attachment G ZA15-152 Page 32 LIENHOLDER FOR LUT 9: Navy Federal Credit Union By: Pint Name: Print Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of 12015 by Navy Federal Credit Union. Notary Public 1? Case No. Attachment G ZA15-152 Page 33 Southlake Planning & Zoning Commission Meeting Public Comment Form Plea71e rinf., eturn completed form to Secretary prior to start of regular session. ��r t •� / Name: '"i t� 0V, c .or �' Date: 0 C a 7 1;;?olb /04 aN� /:�ld C I Yt� 7q D^7/9� Address: � � lr�_ Phone• Include City and State) Er'I wish to share my views on an Agenda Item: Agenda Item# I will speak in SUPPORT of this item will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required: Cards will not be read into the record unless it is signed. Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: Date: �� �� '� ti p� � Addre ®� t°` U�,'v So✓ '7a Ke / Phone: (Include City and State) <s h to share my views on an Agenda Item: Agenda Item# —7 I will speak in SUPPORT of this item ,.-'T'will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ' Citizen Comments(for an item on this agenda) VV"I l r e 1/ty S J�a y Signature:_ Required: Cards will not be read into the cord unles t is signed. Case No. Attachment G ZA15-152 Page 34 Southlake Planning & Zoning Commission Meeting Snoe7 zC lS Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: /"�'�X �v,Yla h l j Date: Address: 1Phone:t Include City and State) I wish to share my views on an Agenda Item: Agenda Item# I wW-speak in SUPPORT of this item �/I will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required. Cards will not be read Ino the record unless it is signed. Southlake Planning & Zoning Commission Meeting S{We.71-ccll s Public Comment Form Please print, Return completed form to Secretary prior to start of regular session. Name: 54W 01 Date:- a ° 49 / Address:_ a�) /�l�r.,� Phone: (Include City anaState) LJ I wish to share my views on an Agenda Item: Agenda Item#-24 I will speak in SUPPORT of this item ILII speak in OPPOSITION to this item �I do not wish to speak,but please record SUPPORT c/OPPOSITION ❑ Citizen Comments(for an item on this agenda) 01., Signature: Required: Cards will not be read into the record unless it is signed. Case No. Attachment G ZA15-152 Page 35 Notification Response Form ZA15-152 Meeting Date: February 4, 2016 at 6:30 PM WIESMAN, E I PO BOX 2164 DECATUR, TX 76234 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HAND DELIVERY BEFORE THE START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, are hereby in favor of opposed to undecided about (circle or underline one) the proposed Zoning Change and Development Plan referenced above. Space for comments regarding your position: C4t (�� Signature: ���' - G -Date: z/ 3Ij Additional Signature: Date: Printed Name(s): LJ 0.rt �ra- � c,-) w e ( j Must be property owner(s)whose name(s)are printed at top. Otherwise contact the Planning Department. One form per property. Phone Number (optional): Q q o -3�9 - ,R552 Case No. Attachment G ZA15-152 Page 36 As the Daughter of Elmer and Glenda Wiesman and the Executor of their Estates I took great care to find a someone who would be respectful of our family home place. After meeting with several developers my sisters and I were in complete agreement that Terra Mana was the perfect fit for us. They are knowledgeable, respectful of our ties to the land and our concern for our neighbors as well as capable of turning our family's land into something we can be proud of. Our wish was to honor the memory of my Mother and Father who took great pride in the community of Southlake. I believe this development will be an asset to Southlake and the neighborhood. Sandra Bagwell Case No. Attachment G ZA15-152 Page 37 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: P, Date: Address•• -7 3�k/ C�` Phone• QZ !> 3�� ��. (nclude City and State) LSI I wish to share my views on an Agenda Item: Agenda Item A" I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish to speak,but please record my _---S_UPPORT OPPOSITION ❑ Citizen Co enTgfo an item on this agenda) Signature: Required: Car bee o e ec d unless it is signed Southlake Planning & Zoning Commission Meeting Public Comment Form )��Please print. Returnscomplete(d�f,orm�toSe�cr�etary prior to start of regular session. Name: e) A-rG` "bag"L'J�-C Date: Address: a�001 W' �� '��G Phone: (Include City and State) I wish to share my views on an Agenda Item: Agenda Item# _____ will speak in SUPPORT o;"this item. will speak in OPPOSITION to this iterr: 1 do not wish a speak,but please record my SUPPORT OPPOSITION Citizan Co:. mens(for an item on this agenda) Figr.at,ire• iiequire f: Card. will no'be read into the 4iinrd unl,ss it is sign ed Case No. Attachment G ZA15-152 Page 38 Southlake Planning & Zoning Commission Meeting Public Comment Form �n .Please print. Return completed form to Secretary prior to start of regular session. - Name: �`-�(�l•C -�G Date: 9 I Address: 6O I C ) ' b�,+ �Cl� Phone: 9 -9(p�b .(Include City and State) I wish to share my views on an Agenda Item: Agenda Item I will speak in SUPPORT of this item I will speak in OPPOSITION to this item I do not wish speak,but please record my L! SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required: Cards will not he read into the record unless It Is signed Case No. Attachment G ZA15-152 Page 39 W Southlake Planning & Zoning Commission Meeting Public Comment Form Please print.:Return completed form to Secretary prior to start of regular session. Name: t-,\ & (t c VA A Date: A/ Address: , �" �-� � 6 � Phone: L- l� f �-v� (Include City and State) LJ I wish to share my views on an Agenda Item: Agenda Item# 11 I will speak in SUPPORT of this item I will speak in OPPOSITION to this item ko I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required: Cards will not be read into the reco,641ess it is signed. Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name•_ ZT US`E 6—k (;,:-y Date• 'y— 7-- Address: ��� ,[.� 0�� ��'�- Phone: 7— 3/02 5a`� (Include City and State) 2/1 wish to share my views on an Agenda Item: Agenda Item#j 5 —1'5 15•_l5�- I will speak in SUPPORT of this item I will speak in OPPOSITION to this iterii I do not wish tt speak,but please record my ✓" SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required: Cards not be read into the record unlesstfi signed Case No. Attachment G ZA15-152 Page 40 Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name:, (\,A Nx a—L r\ , 15 P i4 n wL V Date: -7 ;�- )� Address: 8 Q --Z) �)V b e-, Phone. (�-f'] (Include City and State) ❑ I wish to share my views on an Agenda Item: Agenda Item# I will speak in SUPPORT of this item I will speak in OPPOSITION to this item C-1 do not wish to speak,but please record my SUPPORT 'OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature: Required: rds will not be read in the record unless it is signed Southlake Planning & Zoning Commission Meeting Public Comment Form Please print. Return completed form to Secretary prior to start of regular session. Name: lti ci- 0 V) Date: � Address•• 0 J `.J K eet 4)0 S �( I C(olt- tP Phone: (Include City and State) K2I wish to share my views on an Agenda Item: Agenda Item#__7- e y I will speak in SUPPORT of this item ZI will speak in OPPOSITION to this item I do not wish to speak,but please record my SUPPORT OPPOSITION ❑ Citizen Comments(for an item on this agenda) Signature:. Required. Cards will not ere into the record unless it is signed Case No. Attachment G ZA15-152 Page 41 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-712 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 5A, 5C1, 5B, 5A3, AND 5A2, JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND LOTS 3R, 5B AND 5A(5A AND 5B BEING PORTIONS OF LOT 5), BROCK ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 36.029 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND "SF-1A" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-PUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICT, AS DEPICTED ON THE APPROVED DEVELOPMENT 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, Case No. Attachment H ZA15-152 Page 1 WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural 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 Case No. Attachment H ZA15-152 Page 2 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 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 5A, 5C1 , 5B, 5A3, and 5A2, Jesse G. Allen Survey, Case No. Attachment H ZA15-152 Page 3 Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A (5A and 5B being portions of Lot 5), Brock Addition, an addition to the City of Southlake, Tarrant County, Texas being approximately 36.029 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "SF-1A" Single Family Residential District to "R-PUD" Residential Planned Unit Development District as depicted on the approved Development 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 Case No. Attachment H ZA15-152 Page 4 particular uses and with a view of conserving the value of buildings and encouraging the most 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 Case No. Attachment H ZA15-152 Page 5 until final disposition by the courts. SECTION 9. 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. PASSED AND APPROVED on the 1St reading the day of , 2016. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2016. MAYOR ATTEST: Case No. Attachment H ZA15-152 Page 6 CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment H ZA15-152 Page 7 EXHIBIT "A" Being described as Tracts 5A, 5C1 , 513, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 3R, 5B and 5A (5A and 5B being portions of Lot 5) Brock Addition, an addition to the City of Southlake, Tarrant County, Texas according to the plats recorded in Cabinet A, Slide 3899 and Volume 388-44 (1967), Plat Records, Tarrant County, Texas and being more particularly described as follows: Metes and Bounds Description BEING a tract of land situated in the JESSE G. ALLEN SURVEY, ABSTRACT NO. 18, Town of Southlake, Tarrant County, Texas and being all of that tract of land described in Deed to Elmer I. Wiesman and wife, Glenda F. Wiesman, as recorded in Volume 4003, Page 369, Deed Records, Tarrant County, Texas and being part of that tract of land described in Deed to E.I. Wiesman, and wife, Glenda Weisman, as recorded in Volume 4089, Page 9, Deed Records, Tarrant County, Texas and being part of that tract of land described in Deed to E.I. Wiesman and wife, Glenda F. Wiesman, as recorded in Volume 4110, Page 13, Deed Records, Tarrant County, Texas and being part of that tract of land described in Deed to Elmer Wiesman, as recorded in Volume 4243, Page 183, Deed Records, Tarrant County, Texas and being all of that tract of land described in Deed to E.I. Wiesman and Glenda Wiesman, Joint Tenants, as recorded in Volume 12784, Page 149, Deed Records, Tarrant County, Texas and being all of Lot 3R of BROCK ADDITION, an Addition to the Town of Southlake, Tarrant County, Texas according to the Plat thereof recorded in Document No. D197216500 (Cabinet A, Slide 3899), Plat Records, Tarrant County, Texas and being all of Lot 5 of BROCK ADDITION, an Addition to the Town of Southlake, Tarrant County, Texas according to the Plat thereof recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 3 inch Texas Department of Transportation brass disk found in the south line of Farm to Market Road No. 1709 (W. Southlake Boulevard), a variable width right-of-way, for the northeast corner of Lot 13 of J.G. ALLEN ADDITION, an Addition to the Town of Southlake, Tarrant County, Texas according to the Plat thereof recorded in Document No. D205366614, Plat Records, Tarrant County, Texas; THENCE North 76 degrees 18 minutes 55 seconds East, with said south line, a distance of 198.10 feet to a 3 inch Texas Department of Transportation brass disk found for corner; THENCE North 79 degrees 01 minutes 54 seconds East, continuing with said south line, a distance of 227.63 feet to a point in the east line of the above mentioned E.I. Wiesman, and wife, Glenda Wiesman tract recorded in Volume 4089, Page 9 for the northwest corner Lot 1R of the above mentioned BROCK ADDITION; THENCE South 03 degrees 53 minutes 00 seconds East, leaving said south line and with the common east line of said E.I. Wiesman, and wife, Glenda Wiesman tract recorded in Volume 4089, Page 9 and west line of said Lot 1R, a distance of 490.17 feet to a 1 inch square bolt found for the common southwest corner of said Lot 1R, southeast corner of said E.I. Wiesman, and wife, Glenda Wiesman tract recorded in Volume 4089, Page 9, northeast corner of the above mentioned Elmer I. Wiesman and wife, Glenda G. Wiesman tract recorded in Volume 4003, Page 369 and northwest corner of the above mentioned E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13; Case No. Attachment H ZA15-152 Page 8 THENCE North 86 degrees 55 minutes 55 seconds East, leaving said common line and with the north line of said E.I. Wiesman and Glenda Wiesman, Joint Tenants tract, a distance of 301.71 feet to a point for the northeast corner of said E.I. Wiesman and Glenda Wiesman, Joint Tenants tract; THENCE South 01 degrees 54 minutes 39 seconds East, leaving said north line, a distance of 13.19 feet to a point for the southwest corner of that tract of land described in Deed to Southlake Church of Christ, Inc., as recorded in Volume 12784, Page 542, Deed Records, Tarrant County, Texas; THENCE North 86 degrees 55 minutes 55 seconds East, with the south line of said Southlake Church of Christ, Inc. tract, a distance of 232.80 feet to a point in the west line of the above mentioned Lot 3R for the common southeast corner of said Lot 1R and northeast corner of said E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13; THENCE North 00 degrees 14 minutes 26 seconds West, leaving said common line and with the common east line of said Lot 1R and west line of said Lot 3R, a distance of 134.43 feet to a point for the common northwest corner of said Lot 3R and southwest corner of Lot 2 of BROCK ADDITION, an Addition to the Town of Southlake, Tarrant County, Texas according to the Plat thereof recorded in Volume 388-44, Page 40, Plat Records, Tarrant County, Texas, from which point a 3/4 inch iron pipe found bears South 59 degrees 06 minutes 46 seconds West, 0.26 feet; THENCE South 89 degrees 27 minutes 20 seconds East, leaving said common line and with the common north line of said Lot 3R and south line of said Lot 2, a distance of 189.51 feet to a 1/2 inch iron rod found in the west line of Brock Drive, a 60 foot right—of—way, for the common northeast corner of said Lot 3R and southeast corner of said Lot 2; THENCE South 00 degrees 17 minutes 10 seconds East, leaving said common line and with said west line, a distance of 286.94 feet to a 3/4 inch iron pipe found for the common southeast corner of said Lot 3R and northeast corner of Lot 4 of the above mentioned BROCK ADDITION recorded in Volume 388-44, Page 40; THENCE North 89 degrees 30 minutes 39 seconds West, leaving said west line and with the common south line of said Lot 3R and north line of said Lot 4, a distance of 189.60 feet to a 1/2 inch iron rod found in the east line of the above mentioned E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13 for the common southwest corner of said Lot 3R and northwest corner of said Lot 4; THENCE South 00 degrees 17 minutes 24 seconds East, leaving said common line and with the east line of said E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13, a distance of 266.23 feet to a 5/8 inch iron rod found with a red plastic cap stamped "WARD"found for the common northwest corner of the above mentioned Lot 5 and southwest corner of Lot 4 of said BROCK ADDITION recorded in Volume 388-44, Page 40; THENCE Easterly, with the north line of said Lot 5, the following three (3) courses and distances: North 89 degrees 54 minutes 37 seconds East, leaving said common line, a distance of 251.82 feet to a point for corner; South 00 degrees 05 minutes 23 seconds East, a distance of 20.33 feet to a point for corner; North 89 degrees 54 minutes 37 seconds East, a distance of 189.37 feet to a point for the common northeast corner of said Lot 5 and southeast corner of Lot 6 of said BROCK ADDITION; THENCE South 00 degrees 20 minutes 23 seconds East, with the east line of said Lot 5, a distance of 654.62 feet to a 1/2 inch iron rod found for the common southeast corner of said Lot 5 and southwest corner of that tract of land described in Deed to Gregory G. Kuelbs, as recorded in Document No. D208092322, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 16 minutes 23 seconds West, with the south line of said Lot 5, a Case No. Attachment H ZA15-152 Page 9 distance of 441.75 feet to a point in the north line of SIENA PHASE ONE, an Addition to the Town of Southlake, Tarrant County, Texas according to the Plat thereof recorded in Document No. D202371427, Plat Records, Tarrant County, Texas for the common southeast corner of said E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13 and southwest corner of Lot 5 of the above mentioned BROCK ADDITION recorded in Volume 388-44, Page 40; THENCE North 89 degrees 40 minutes 38 seconds West, with the common south line of said E.I. Wiesman and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13 and north line of said SIENA PHASE ONE Addition, a distance of 331.89 feet to a point for the common southwest corner of said E.I. Wiesman, and wife, Glenda F. Wiesman tract recorded in Volume 4110, Page 13 and southeast corner of the above mentioned Elmer Wiesman tract recorded in Volume 4243, Page 183; THENCE North 89 degrees 14 minutes 20 seconds West, with the south line of said Elmer Wiesman tract recorded in Volume 4243, Page 183, a distance of 373.50 feet to a 5/8 inch iron rod found for the northwest corner of Lot 5, Block 2 of the above mentioned SIENA PHASE ONE Addition; THENCE North 89 degrees 40 minutes 45 seconds West, continuing with said south line, a distance of 243.47 feet to a 1/2 inch iron rod found for the southwest corner of said Elmer Wiesman tract recorded in Volume 4243, Page 183; THENCE North 01 degrees 34 minutes 01 seconds West, with the west line of said Elmer Wiesman tract recorded in Volume 4243, Page 183, a distance of 1,463.35 feet to the POINT OF BEGINNING and containing 36.029 acres of land, more or less. Case No. Attachment H ZA15-152 Page 10 EXHIBIT "B" Reserved for approved Development Plan Case No. Attachment H ZA15-152 Page 11