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Item 14 - ZA16-055 ZCP 289 Pine Dr.13 CITY OF S0UTHLA1<...E- Department of Planning & Development Services CASE NO: PROJECT: EXECUTIVE SUMMARY: DETAILS: Case No. ZA16-055 STAFF REPORT July 28, 2016 ZA16-055 Zoning Change and Concept Plan for 289 Pine Dr. Jeremy Larsen Homes is requesting approval of a Zoning Change and Concept Plan for 289 Pine Dr. on property described as Tract 2A, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas, and located at 289 Pine Dr., Southlake, Texas. Current Zoning: "AG" Agricultural District. Requested Zoning: "SF -1 A" Single Family Residential District. SPIN Neighborhood #9. This project is located on the east side of Pine Dr. approximately 1,100 feet south of the intersection with S. White Chapel Blvd. The purpose of this request is to rezone the property from "AG" Agricultural District to "SF -1 A" Single Family Residential District to tear down the existing home and to construct a new home on the approximately 1.102 acre property. The existing accessory buildings on the property will also be removed. Existing Zoning Proposed Zoning Land Use Designation Gross/Net Acreage Dwelling Units/Residential Lots Gross Density Net Density 289 Pine Dr. "AG" Agricultural District "SF -1 A" Single Family Residential District Low Density Residential 1.102 ac./1.052 ac. 1 1.0 0.91 du/ac. ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of a Zoning Change and Concept Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Concept Plan Review Summary No. 2, dated July 28, 2016 (D) Surrounding Property Owners Map and Responses (E) Ordinance No. 480-719 Full Size Plans (for Commission and Council members only) Link to PowerPoint Presentation Link to Plans Page 1 - Concept Plan Page 2 - Tree Conservation Plan STAFF CONTACT: Ken Baker Richard Schell Case No. ZA16-055 (817) 748-8067 (817) 748-8602 BACKGROUND INFORMATION OWNER: Perry West and Elizabeth J. Cottle -West APPLICANT: Jeremy Larsen Homes PROPERTY SITUATION: 289 Pine Dr. approximately 1,100 feet south of the intersection with S. White Chapel Blvd. LEGAL DESCRIPTION: Tract 2A, Obediah W. Knight Survey, Abstract No. 899 LAND USE CATEGORY: Low Density Residential CURRENT ZONING: "AG" — Agricultural District PROPOSED ZONING: "SF -1A" — Single Family Residential District HISTORY: - The existing home with approximately 1,568 square feet of floor area was built in 1940 (Source: Tarrant Appraisal District). - The property was annexed into the City in 1956 and given the "AG" Agricultural District zoning designation. SOUTH LAKE 2030 PLAN: Consolidated Future Land Use Plan The 2030 future land use designation for the site is Low Density Residential. The proposed development conforms to this designation. TRANSPORTATION ASSESSMENT: The Low Density Residential category is for detached single-family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi - Public categories described previously. The Low Density Residential category encourages the openness and rural character of the City of Southlake. Mobilitv & Master Thoroughfare Plan The project is not located on a major thoroughfare. Pathways Master Plan & Sidewalk Plan The 2030 Pathways Master Plan shows a <8' future sidewalk extending along the east side of Pine Dr. from S. White Chapel Blvd. to Lilac Ln. and then east on Lilac Ln. to Byron Nelson Parkway. The property is exempt from the sidewalk requirement since it is being platted as a single lot of record, sidewalks are not existing on both sides of the lot, and the lot is not located within 1,500 feet of a school on the same side of the street. Area Road Network and Conditions The property is located on Pine Dr., which is a local residential street. A minimum right of way of 50' feet is required (25' from centerline). Adequate right of way shown to be dedicated on the associated Plat Showing that is Case No. Attachment A ZA16-055 Page 1 being processed administratively under case number ZA16-039. Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. The new single family home will replace an existing single family home on the property, so there will be no increase in trip generation. TREE PRESERVATION: The site is subject to the City's Tree Preservation Ordinance No. 585-D because it is being rezoned. The proposed tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover on the site is 61.1 % and the minimum existing tree cover required to be preserved is 40%. The amount of existing tree cover proposed to be preserved is 42.2%. UTILITIES: A 6" water line and an 8" sewer line exist in Pine Dr. to serve the property. DRAINAGE: Drainage on the property is generally sheet flow from north to south. CITIZEN INPUT: A SPIN meeting was not held for this project. STAFF COMMENTS: Attached is Concept Plan Review Summary No. 2, dated July 28, 2016. Case No. Attachment A ZA16-055 Page 2 Vicinity Map 289 Pine Dr. ZA16-055 Zoning Change and Concept Plan 289 Pine Dr. a 3301 rra 132 5 Case No. Attachment B ZA16-055 Page 1 CONCEPT PLAN REVIEW SUMMARY Case No.: ZA16-055 Review No.: Two Project Name: Zoning Change and Concept Plan — 289 Pine Dr. APPLICANT: Jeremy Larson Jeremy Larson Homes 5646 Milton St. # 630 Dallas, TX 75206 Phone: 214-402-8894 E-mail: jeremy@jeremylarsenhomes.com Date of Review: 07/28/16 OWNER: Perry West CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 07/14/16 AND WE OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF PLAT 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. All Planning comments have been addressed. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: The proposed existing tree cover preservation complies with the Existing Tree Cover Preservation Requirements of the Tree Preservation Ordinance. The existing tree cover on the site is 61.1 % and the minimum existing tree cover required to be preserved is 40%. The amount of existing tree cover proposed to be preserved is 42.2%. Except as provided by subsection 7.2.b. of the Tree Preservation Ordinance, a Tree Conservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If the property has previously received a tree permit related to development, the percentage of existing tree cover at the time the first such permit was issued shall be used to calculate the minimum existing tree cover that must be preserved under this section. Table 2.0 — Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site 0%-20% 20.1 —40% 40.1%-60% Minimum percentage of the existing tree cover to be preserved` 70% 60% 50% Case No. Attachment C ZA16-055 Page 1 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. 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. * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Om Chhetri, P.E. Civil Engineer Phone: (817) 748-8089 E-mail: ochhetri@ci.southlake.tx.us No comments based on submitted information. Fire Department Review Kelly Clements Deputy Fire Chief/Fire Marshal Phone: (817) 748-8233 E-mail: kclements(a)ci.south lake.tx.us GENERAL COMMENTS: No comments based on submitted information. The following should be informational comments only * The associated plat must comply with the underlying zoning district. * All lighting must comply with the Lighting Ordinance No. 693, as amended. * All development must comply with the Drainage Ordinance No. 605 and the Erosion and Sediment Control Ordinance No. 946, as amended. * The applicant should be aware that prior to issuance of a building permit a Plat must be processed and filed in the County Plat Records, a fully corrected concept plan, landscape plan, irrigation plan, and building plans, must be submitted for approval and all required fees must Case No. Attachment C ZA16-055 Page 2 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. Case No. Attachment C ZA16-055 Page 3 SURROUNDING PROPERTY OWNERS MAP & RESPONSES I,, — — - ! 220 2-1 'An 219 211 2W SPO # Owner Property Address Zoning Acreage I Response 1. GORDON, CYNTHIA T 276 PINE DR SF1-A 2.02 NR 2. WILSON, JAMES K 227 PINE DR SF1-A 2.53 NR 3. NIEMIROWSKI, GEORGE 223 PINE DR SF1-A 1.09 NR 4. THOMAS, MASON 225 PINE DR SF1-A 1.15 NR 5. KOVARNIK, HENRY 400 PINE DR SF1-A 0.96 F 6. KIM, DAVID D 410 PINE DR SF1-A 2.92 NR { 7. WEST, PERRY 289 PINE DR AG 0.94 NR 8. PONDER, CAROLYN 315 PINE DR SF1-A 1.35 NR { 9. HEYNE, ROY J 440 PINE DR SF1-A 0.96 NR { 10. RYON, WES LEE 220 LILAC LN SF1-A 1.29 NR LHC FAMILY REVOCABLE NR 11. TRUST 425 PINE DR SF1-A 1.22 { 12. KUELBS, JOHN A 430 PINE DR AG 5.88 NR 13. MORAVEC, JAMES 325 PINE DR SF1-A 3.04 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Case No. Attachment D ZA16-055 Page 1 Notices Sent: Seventeen (17) Responses Received within 200': One (1) - Attached Case No. Attachment D ZA16-055 Page 2 Notification Response Porn ZA1£-055 Meeting Data: August 4, 2016 at 6:30 PM KOVARNIK, HENRY 400 PINE DR SOUTHLAKE, TX 76092 PLEASE PROVIDE COMPLETED FORMS VIA MAIL, FAX OR HANE? DELIVERY BEFORE THE. START OF THE SCHEDULED PUBLIC HEARING. Being the owner(s) of the property so noted above, arehereby in fervor of uppused to undecided about (circle or underline one) the proposed Zoning Change and Concept Plan referencedabove, Spa-ce for comments regarding your position: Signature: _r. Cute: - F Additional Signature; Printed Narne(s): A /Vc— v + 1 Must ba pro"Ay ownw(a) whove nPrTW*) ire prhnled e6 top. OthwvA �E DwWwMWIL OwA)llt1 per pfcwty, Phone Number (optional): Case No. Attachment D ZA16-055 Page 3 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-719 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 TRACT 2A, OBEDIAH W. KNIGHT SURVEY, ABSTRACT NO. 899, CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS BEING APPROXIMATELY 1.102 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT TO "SF -1A" SINGLE FAMILY RESIDENTIAL DISTRICT AS DEPICTED ON THE APPROVED CONCEPT PLAN ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B", SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and, WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District under the City's Comprehensive Zoning Ordinance; and, Case No. Attachment E ZA16-055 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and, WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over -crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use of the land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed Case No. Attachment E ZA16-055 Page 2 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 Tract 2A, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas being approximately 1. 102 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District to "SF -1 A" Single Family Residential District as depicted on the approved Concept Plan attached hereto and incorporated herein as Exhibit "B", and subject to the following conditions: Case No. Attachment E ZA16-055 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes in zoning. SECTION 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and air; to prevent over -crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing with reasonable consideration among other things of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Case No. Attachment E ZA16-055 Page 4 SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed Case No. Attachment E ZA16-055 Page 5 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. ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the IMAHIM]V ATTEST: day of CITY SECRETARY , 2016. Case No. Attachment E ZA16-055 Page 6 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. Attachment E ZA16-055 Page 7 EXHIBIT "A" Being described as Tract 2A, Obediah W. Knight Survey, Abstract No. 899, City of Southlake, Tarrant County, Texas being approximately 1. 102 acres and being more particularly described as follows: Metes and Bounds Description Wglnning at a I/Z In" iron e*4 loun4 for ,„ r I .. Ily Sohllhwrrl Cvi!"r 0 01 2192, st Prdharr-whim Addlllon, an dddlPlon to Pha Ulf of Seuthlaka, Torrord County, Temam, acca—i ! i __g reeorded in Cabinet A, Mom 7276, Plal Ilerords, Tarrant Caunly, TaKom, and bAlrlg It, the 00 fldhe-af-wOV llfi# of PIMA Q.:.., ,i -I i,16l-ii-.d'/}i T7rontr Wtlll $9 doorra4 54 mimule* 0$ *mGond._ ji,a g, I1 -a Sovlh IF1a of raid Lal 2R2, of Grrahrm-ii'H Ia Addil-,On. a dimn!,Rcr of Z&9.40 furl to a 1/2 Inch Iran rad sat with a yellow cap slamaed "CBG SLrWEYIWG" for earner, zow corner being Ihs frariherly moat Nortnwosf aornrr Of Lot 10, of Q,W, Khr9nP N0. M ,rddillah, 4n dddi?Ian to she C:ty o? 1 oul6ldbr, eG6aTding fu the plat 1hoevof hacorded iih Cdblhet A, SIIde 1874, Plot Rvuv da, Tarronl Caunq, 4axazl rhrnee South 015 drgrraa 23 rnAultr 45 seconds �mmt, prang the Worthsr!y amid West Ilino at could I.P'l 14, of O.W. Knight Pia._ 1199 Adelllan, o 0111113Ms or 770,39 rerl 10 a 112 incl. lion rod Pound For comer, Bald corrnr being Ohm Soulr,aoolrerly rnatd slurthretl come, or sold Lal 51), of D.W. Knight Wo, W55 ndClUlan. Imus■ Soullh 1.9 drgrmra 55 mmulti 35. smrgnde Wail, arang rho WaMmrlw meal North We Wr Said Lal TD, 01 4.W, Knight NG. 899 Addlhan, pomshng at d dlelonce ai Z53.34 foe! a 112 Inch Iran rad found 1 01- Iie 'Westerly moat Wotihlreet eo#her of said Lal l0, of O.W. Knlphl No. 899 AddlNar, and eonr' ,utn,g a Intal distona■ a1 289_151b final to a 1/2 Inch Iran rod found for eomar, maid eomrr firing ;n said Eazt rlghl-af-way line 0f Pira 0r'nra;, Nne@ alang mold kmmt and the South right -at -win/ 11naz at male P'in■ brlvr ttlr fallawiRq baarlagm and diztahsu: Thrltpa Naft 011 dog—& ZS ml'n.Ltrs 46 rettril,di Wa#L 11 41aInfes at I40 -2E rwt 14 a 1/2 rrhch Iran rod INnd lar corner, T1t#e-ej Nortli 89 4agr,9a1 'SE Rtinul&* D0 al*asRrl E4f1, 4 dr#t4R#a of 95.63 Uat l0 4 I/�R rwh Imm rad lit .i1Pi 4 y#Ilrlar tap it#mp#,d -C@6 SUIRYL"YING" for earner, Thence Nadir 00 degraaa 23 mmutes 45 zscends Wasl, a dritenom of 29.70 foot to the Point of @aglnning and aoufalninq 48,DW square fail or 1.ID2 vrmo of 1=4. Case No. Attachment E ZA16-055 Page 8 EXHIBIT "B" Reserved for approved Concept Plan Case No. Attachment E ZA16-055 Page 9