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Item 8 - Stony BrookCase No. ZA17-064 S T A F F R E P O R T September 29, 2017 CASE NO: ZA17-064 PROJECT: Zoning Change and Development Plan for Stony Brook EXECUTIVE SUMMARY: Dolce Investments, LLC is requesting approval of a Zoning Change and Development Plan for Stony Brook (formerly known as Stone Trail and Holmes Builders) on property described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 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 400 and 410 Brock Dr., Southlake, Texas. Current Zoning: “AG” Agricultural District and “SF-1A” Single Family Residential District. Proposed Zoning: “R-PUD” Residential Planned Unit Development District. SPIN Neighborhood #11. DETAILS: This project is located south of W. Southlake Blvd. and south and west of Brock Dr. Lakeside Presbyterian Church is to the west and the Siena subdivision is to the south. The applicant is requesting 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 District for Stony Brook, which includes 59 residential lots and 10 open space lots on approximately 34.73 acres. The subdivision is proposed as a gated community with private streets. The entrance to the community is on W. Southlake Blvd. with an emergency only access gate at the southern connection to Naples Dr. The proposed gross density and net density is 1.70 units per acre. The percentage of open space proposed in the subdivision is approximately 26.1% of the gross area. Homes in the west and central portion of the development that have 5’ side yard setbacks will function as zero lot line homes, but in this case, a usability easement is provided on what would be the zero lot line side of the house (designated with an arrow on the Development Plan). Please see t he “R-PUD” Regulations for a definition of the usability easement. The Site Data for the proposed subdivision is summarized in the chart below: Department of Planning & Development Services Case No. ZA17-064 Site Data Summary for “R-PUD” Zoning Existing Zoning “AG” and “SF-1A” Proposed Zoning “R-PUD” Land Use Designation Medium Density Residential Low Density Residential Floodplain Gross/Net Acreage 34.73 Residential Lots 59 Gross/Net Density 1.70 du/ac. Open Space % 26.1% Lot Area Range 8,556 s.f. to 31,634 s.f. Average Lot Area 15,685 s.f. A comparison of the proposed “R-PUD” regulations to the “SF-20A” Single Family Residential District base zoning is below: Regulation “SF-20A” “SF-1A” “R-PUD” Regulations Max. Height 35’ and 2½ stories 35’ and 2½ stories 35’ and 2½ stories Front Yard 35’ 40’ 20’ and 25’ Side Yard 15’ 20’ 5’ and 7’ Rear Yard 40’ (35’ on cul-de-sac) 40’ (35’ on cul-de-sac) 15’ or 30’ 10’ adj. to alley Max. Lot Coverage 30% 20% 40% and 50% Min. Lot Area 20,000 s.f. 43,560 s.f. 8,300 Min. Lot Width 100’ 100’ 52.9’ Min. Lot Depth 125’ 125’ 100’ Min. Floor Area 1,800 s.f. 2,000 s.f. 1,800 s.f. Max. Gross Density 2.18 du/ac. 1.0 du/ac. 1.70 du/ac. VARIANCES REQUESTED: 1) Subdivision Ordinance No. 48 3, as amended, Section 5.04 does not permit private streets in new subdivisions in which less than 75% of the lots contain homeowner occupied structures. The applicant is requesting a variance to allow a gated community with private streets with the initial development. 2) Subdivision Ordinance No. 48 3, as amended, Section 5.03.K states that dead end streets shall be permitted only where a future extension or connection is to be made. The applicant is requesting a variance to allow a gated emergency only access instead of a full connection to the street stub from the Siena subdivision to the south. Case No. ZA17-064 ACTION NEEDED: 1) Conduct a Public Hearing 2) Consider Approval of a Zoning Change and Development Plan ATTACHMENTS: (A) Background Information (B) Vicinity Map (C) Development Plan Review Summary No. 3, dated September 28, 2017 (D) Surrounding Property Owners Map and Responses (E) Ordinance Nos. 480-730 Full Size Plans (for Commission and Council members only ) Link to PowerPoint Presentation Link to R-PUD Regulations Link to Plans Page 2 - Development Plan Pages 3-7 - Civil Plans Page 8 - Pedestrian Access Plan Page 9 - Fencing Plan Page 10 - Mailbox Kiosk Plan Pages 11 - Tree Conservation Analysis Link to Corridor Planning Committee Report Link to SPIN meeting Report STAFF CONTACT: Ken Baker (817) 748-8067 Richard Schell (817) 748-8602 Case No. Attachment A ZA17-064 Page 1 BACKGROUND INFORMATION OWNER: Margaret J. Haney and Estate of E. I. Wiesman and Glenda Wiesman APPLICANT: Dolce Investments, LLC PROPERTY SITUATION: 2607, 2621, 2631, 2641, and 2651 W. Southla ke Blvd. and 400 and 410 Brock Dr. PROPERTY DESCRIPTION: Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18 and Lots 5B and 5A (5A and 5B being portions of Lot 5), Brock Addition LAND USE CATEGORY: Medium Density Residential, Low Density Residential, 100-Year Floodplain CURRENT ZONING: “AG” Agricultural District and “SF-1A” Single Family Residential District PROPOSED 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 1R and 3R, Brock Addition was approved September 2, 1997 and filed November 21, 1997. - A Zoning Change and Development Plan (ZA15 -125) for Stone Trail Estates 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 and the associate d Preliminary Plat (ZA15-153) were denied by City Council on August 2, 2016. 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 6.79 acres of the proposed development that is currently in the Brock Addition has a Low Density Residential designation in the 2030 Land Use Plan. The six (6) lots shown in that portion of the proposed subdivision comply with the Low Density Residential designation, which requires a net density of one or fewer dwelling units per acre . Medium Density Residential: The purpose of the Medium Density Residential land use category is to promote a neighborhood setting primarily comprised of single family detached houses. Definition: The Medium Density Residential category is suitable for any single-family detached residential development. Other suitable activities are Case No. Attachment A ZA17-064 Page 2 those permitted in the Public Parks/Open Space and Public/Semi-Public categories previously discussed. Low Density Residenital: The purpose of the Low Density Residential land use category is to provide for and to protect low intensity detached single -family residential development that promotes the openness and rural character of Southlake. Definition: The Low Density Residential category is for detached single- family residential development at a net density of one or fewer dwelling units per acre. Net density is the number of dwelling units per net acre, which excludes acreage in all public rights-of-way. Other suitable activities are those permitted in the Public Parks / Open Space and Public / Semi- Public categories described previously. The Low Density Residential category encourages the openness and rura l character of the City of Southlake. Floodplain The Floodplain category illustrates areas designated by the August 1995 Federal Emergency Management Agency (FEMA) maps as being in the 100-year floodplain. The “floodplain” is an expanse of natural vegetat ion and wildlife, and should be preserved as natural open area. Within the floodplain is “floodway” that must be kept free of encroachment in order that the 100-year flood may be carried without harmful increases in the height of flood waters. Although it is not to be encouraged, the portion of the floodplain not in the floodway may be reclaimed for development under certain circumstances if in accordance with FEMA regulations. The designated land use for areas of reclaimed floodplain is that of the immediately adjacent land use category. This designation may also include environmentally sensitive areas, habitats, or wetlands that may not be in FEMA identified floodplains. 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. 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. Case No. Attachment A ZA17-064 Page 3 TRANSPORTATION ASSESSMENT: Area Road Network and Conditions The proposed “R-PUD” zoning request has one main entrance onto W. Southlake Blvd. An emergency only access gate is proposed at the Naples Dr. connection to the south. W. Southlake Blvd. (between Davis Blvd. & S. Pearson Ln.) 24hr East Bound (18,836) West Bound (18,766) AM Peak AM (2,075) 7:00 AM – 8:00 AM Peak AM (1,110) 11:30 AM – 12:30 PM PM Peak PM (1,137) 5:45 PM– 6:45 PM Peak PM (2,122) 5:00 PM – 6:00 PM Traffic Impact A Traffic Impact Analysis (TIA) was not required for this development. Use Units Vtpd* AM- IN AM- OUT PM- IN PM- OUT ITE Code (210) 59 565 12 34 39 22 Case No. Attachment A ZA17-064 Page 4 * Vehicle Trips Per Day * AM-In, AM-Out, PM-In and PM-Out are peak hour generators on a weekday * Based on the ITE: Trip Generation Manual, 7th Edition TREE PRESERVATION: The site is subject to the City’s Tree Preservation Ordinance No. 585 -D since the property is being rezoned. There is approximately 43.1% existing tree cover on the site, of which, approximately 50.9% is proposed to be preserved. A standard zoning district would require that a minimum 50% of existing tree cover be preserved. 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. 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. UTILITIES: 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. Sanitary sewer for the development is proposed to connect to an existing 8” sewer line in Naples Dr to the south. DRAINAGE: Drainage on the property is generally north to south and east to the creek that runs through the southeast portion of the property. CITIZEN INPUT: The following meetings were held to discuss the development: A SPIN meeting was held for this project on September 12, 2017. Link to September 12, 2017 SPIN Report Case No. Attachment A ZA17-064 Page 5 A 2035 Corridor Planning Committee meeting was held on August 7, 2017. Link to Corridor Planning Committee Report STAFF COMMENTS: Attached is Development Plan Review Summary No. 3 dated September 28, 2017. Subdivision Ord. No. 483, as amended, Section 9.01 regarding modifications and variations is below: Section 9.01 Modifications and Variations: A. Compliance: Where the Council finds that compliance with these regulations would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of access, location, shape, size, drainage, or other physical features of the site, the requirements may be modified to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of this ordinance. 1. This section shall not be interpreted to permit the developmen t of land which is inherently unsuitable for the use proposed. 2. Any modification will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. B. Discretion of Council: At the discretion of the Council, the normal standards and requirements of this ordinance may also be modified in the case of a Planned Unit Development. Such departures from the standards specified may be made only when the Council finds that the plan provides for convenience and safe access, adequate space for recreation, and provision for light and air, and offers all essential utility services and necessary public and other facilities, and is in conformance with all provisions of the City Code which spec ifically apply to Planned Unit Development. Case No. Attachment B ZA17-064 Page 1 Case No. Attachment C ZA17-064 Page 1 DEVELOPMENT PLAN REVIEW SUMMARY Case No.: ZA17-064 Review No.: Three Date of Review: 09/29/17 Project Name: Development Plan – Stony Brook APPLICANT: Terry Holmes Engineer: Jimmy Fechter Dolce Investments, LLC Adams Engineering 225 E. State Hwy. 121, Suite 120 8951 Cypress Waters Blvd. Suite 150 Coppell, TX 75019 Dallas, TX 75019 Phone: (214) 488-5200 Phone: (817) 328-3215 E-mail: terry@theholmesbuilders.com E-mail: jimmy.fechter@adams-engineering.com CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 09/18/17 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. A Preliminary Plat that conforms to the R-PUD district zoning must be processed and approved and then a Final Plat (or Plat Revision) processed and recorded prior to the conveyance of any lots or the issuance of any building permits. Portions of the property are already platted in the Brock Addition, so a Plat Revision must be processed and recorded in place of a Final Plat or a Plat Vacation must be processed and recorded prior to approval and recording of a Final Plat. 2. Please be aware that all plans and exhibits submitted with an application for an “R-PUD” Residential Planned Unit Development District zoning are approved as part of the “R-PUD” zoning ordinance and that changes to the plans after Council approval will require re -approval of an “R-PUD” Zoning Change and Development Plan. 3. The driveway for Lot 4, Brock Addition (Harold McCall property) is located in Lot 5B, Brock Addition, which is part of the property being developed. The applicant has indicated on the Development Plan that the property containing the driveway will be deeded over to the owner of Lot 4, Brock Addition. A Plat Revision or an Amended Plat must be processed and recorded to convey the property to the owner of Lot 4, Brock Addition. 4. Clearly show, label and dimension the width of any easements on or adjacent to the site. The extents of the existing easements are not clear. There is a 30’ road access easement an d a 15’ utility easement across Lot 5, Brock Addition. 5. Please make the following changes to the R-PUD regulations: a. Verify the lot depth for Lot 15, Block 1 per the definition of lot depth in Ord. No. 480, Section 4. The depth appears to be approximately 100’. 6. Provide elevation exhibits of the stone and stucco walls and the iron fence. 7. Pavement must be at least 31 ft. back of curb to back of curb (standard street width). The streets on both sides of Lot 8X (a median) do not provide the approved width. Case No. Attachment C ZA17-064 Page 2 8. Approval of a variance to Subdivision Ordinance No. 483, Section 5.04 by the City Council will be required to allow private streets in a new subdivision. A request for a variance has been submitted. 9. Dead-end streets are permitted only where future connec tion is to be made (Subdivision Ordinance No. 483, Section 5.03.K). City Council approval of a variance is required to allow emergency access only at the southern entrance instead of a full connection to the street stub from the Siena subdivision to the south. A request for a variance has been submitted. 10. A maximum of 20 dwelling units is generally allowed on a cul-de-sac street, which is defined as that street or part of a street having one common entry and exit and no other entry and/or exit (Subdivision Ordinance No. 483, Section 5.03.I) Approval of an R -PUD regulation to allow one entry/exit by City Council is required to allow the southern connection to be an emergency access only. 11. Per the City of Southlake Driveway Ordinance No. 634, a deceleration lane is required if the site peak period ingress movement is greater than 40 veh/ hr. The TIA threshold worksheet shows 61.2 trips in the design hour. 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. Tree Conservation/Landscape Review E-mail: kmartin@ci.southlake.tx.us Keith Martin Landscape Administrator Phone: (817) 748-8229 TREE CONSERVATION COMMENTS: 1. Ensure that trees which are shown to be preserved are not within potential house pad areas. * A Tree Conservation Analysis was submitted. The existing tree cover is shown to be 43.1% and under straight zoning a minimum 50% of the existing tree cover is required to be preserved. The applicant is proposing to preserve 50.90% of the existing tree cover so the existing tree cover preservation would comply with the existing tree cover preservation requirements. 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. Case No. Attachment C ZA17-064 Page 3 Table 2.0 – Existing Tree Cover Preservation Requirements Percentage of existing tree cover on the entire site Minimum percentage of the existing tree cover to be preserved* 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% *The minimum percentage of existing tree cover to be preserved shall exclude any area in 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 procedu res 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. LANDSCAPE COMMENTS: 1. A 20’ – L type bufferyard is required to be provided along the north property line adjacent to W. Southlake Blvd. Correct the bufferyard summary chart to show the provided plantings for the Type L bufferyard and correct the length of the bufferyard. Case No. Attachment C ZA17-064 Page 4 * Indicates informational comment. # Indicates required items comment. Public Works/Engineering Review Alex Ayala, P.E. Civil Engineer Phone: (817) 748-8274 E-mail: aayala@ci.southlake.tx.us GENERAL COMMENTS: 1. This review is preliminary. Additional requirements may be necessary with the re view of civil construction plans. 2. Public walking trails located within floodplain must be ADA compliant. Decomposed granite is not a suitable material meeting ADA requirements. Alterations to natural ground to meet ADA grades within floodplain will require a LOMR. City of Southlake will not accept walking trails not meeting ADA requirements. 3. Show sidewalks on both sides of the main street entrance. Sidewalks are required on both sides of public streets. 4. Construction within FM 1709/right of way shall require a permit from TxDOT. Approval is required before beginning construction. 5. Lot 12, Block 1 is encumbered by 15’ sanitary sewer easement along northern property line. Encroachment agreement shall be required with building permit. 6. Label street widths on Site Plan. Residential streets shall be constructed to 31’ B -B. All curb returns shall be 30’ minimum. Fire lane radii shall be 30’ minimum. * 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.cityofsouthlake.com/index.aspx?NID=266 DRAINAGE COMMENTS: 1. Public walking trails located within floodplain must be ADA compliant. Decomposed granite is not a suitable material meeting ADA requirements. Alterations to natural ground to meet ADA grades within floodplain will require a LOMR. 2. Documentation supporting and certifying that detention is not necessary will be required prior to approval of construction plans. 3. Timing study maybe required with the submittal of civil construction plans. Case No. Attachment C ZA17-064 Page 5 4. Label Stream BB-9 and include FIRM panel number and effective date for the floodplain. Show effective floodway and BFE cross sections. 5. Reclamation or fill within any portion of the effective floodplain will require hydraulic modeling and a LOMR. LOMR shall be obtained prior to acceptance of the subdivision and placing homes near floodplain. 6. Storm drain inlets are required at intersecting streets. 7. Turn off development plan on Pre-developed Drainage Area Map. 8. Post-development Drainage Area Map does not account for offsite drainage areas. * Calculations will be required to verify capacity of proposed curb inlets. * 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 #18 and requires a fee to be paid prior to beginning construction ($212.61/AC). * Discharge of post development runoff must have no adverse impact on downstream properties and meet the provisions of Ordinance No. 605. EASEMENTS: 1. Provide all necessary easements for water, sanitary sewer and drainage. Easements shall be 15’ minimum and located on one lot – not centered on the property line. A 20’ easement is required if both storm sewer and sanitary sewer will be located within the easement. 2. Provide corner clips at the intersection of Southlake Blvd and proposed street. Corner clips shall be shown on the plat. Refer to Ordinance No. 483. * Verify if easement of water/sanitary sewer/storm sewer crossing the site is in an easement. * Water and sanitary sewer cannot cross property lines without being in an easement or right of way. All waterlines, sanitary sewer and storm sewer in easements or right of ways must be constructed to City standards. WATER AND SEWER COMMENTS: 3. Minimum size of public water and sanitary sewer mains is 8”. 4. Single family residential developments require fire hydrant spacing of 400’ maximum hose -lay length for non-sprinkled residences or 600’ for sprinkled residences. 5. Proposed sanitary sewer shall be located in the parkway, not under pavements, except at crossings. * Water lines cannot cross property lines without being in an easement or right of way. * The size of the water service tap must match the size of the meter. There are no reducers allowed before the meter on the public side. A one inch meter must have a one inch tap, etc. Case No. Attachment C ZA17-064 Page 6 * Water meters and fire hydrants shall be located in an easement or right of way. * Fire lines shall be separate from service lines. 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.cityofsouthlake.com/PublicWorks/engineeringdesign.asp * Provide Stormwater Pollution Prevention Plan per TXR150000. The plan must include all required elements in Part III, Section F of the permit. The City of Southlake e specially reviews Part III, Section F, (1) (g), Maps. The review is for completeness of a plan to prevent pollution (especially sediment) to the Separate Storm Sewer System. It is highly recommended the project manager provide a series of maps for complex projects, including one map showing controls during mass grading and infrastructure, one map showing controls during vertical construction, and one map showing final stabilization (may be but not always equitable to the landscape plan). Please include timelines in relation to the project activities for installation and removal of controls. SWPPP shall be submitted by second review of the civil construction plans. * Submit with Civil Construction Plans a Retaining Wall Layout sheet. Retaining walls greate r than 4-feet including the footing shall require structural plans prepared by a registered engineer in the State of Texas. Retaining walls shall require a permit from the Building Inspections Department prior to construction. * 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 Case No. Attachment C ZA17-064 Page 7 FIRE LANE COMMENTS: The entry appears to be designed to accommodate gated access, if requested and approved by city council, the gate must be equipped with an Opticom or KS -2 switch for opening the gate electronically, as well as a means for manual opening. Fire apparatus access needs to be designed and maintained to support the imposed loads of fire apparatus (A minimum of 85,000 lbs GVW). Fire access roads must be at least 31 ft. back of curb to back of curb. (Standard street width) (Some streets appear to have medians, which would not provide the approved widths) Cul-de-Sacs must have 30 ft. inside turn radius and 50 foot radius (100 foot diameter) pavement, unobstructed, for approved turnaround. (Plans do not indica te approved dimensions) (Some cul-de- sacs appear to have medians, which would not allow for approved unobstructed radius) FIRE HYDRANT COMMENTS: Hydrants required at maximum spacing for R -3 Occupancies is 400 feet for subdivisions with un- sprinkled homes and 600 feet for subdivisions that are completely sprinkled. (Hydrants are over - spaced at several locations, relocate and/or add hydrants as necessary to meet the requirements) General Informational Comments * 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. * Park Board comments or recommendations: All applicants are required to appear before the Park Boar d 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 $6250 per dwelling unit x 59 dwel ling units = $368,750.00. * No review of proposed signs is intended with this site plan. A separate building permit is required prior to construction of any signs. * Any 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 C ZA17-064 Page 8 * 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. * In addition to the City of Southlake impact fees, please be aware that through the wholesale water customer contract with the City of Fort Worth, all new water connections are required to pay the City of Fort Worth impact fee. The City of Fort Worth impact fee assessment is based on the final plat recordation date and building permit issuance. The applicant is encouraged to review the City of Fort Worth's assessment and collection of Impact Fees Guide to determine the fee amount. * The proposed street connection on Southlake Blvd. requires TXDOT approval. * Denotes Informational Comment Case No. Attachment D ZA17-064 Page 1 SURROUNDING PROPERTY OWNERS MAP & RESPONSES SPO # Owner Zoning Physical Address Acreage Response 1 HALL, JERRY G SF1-A 102 JELLICO CIR 1.24 NR 2 WIESMAN, GLENDA AG 2607 W SOUTHLAKE BLVD 0.88 NR 3 GLENDA WIESMAN TRUST AG 2641 W SOUTHLAKE BLVD 0.39 NR 4 MCCALL, HAROLD L SF1-A 320 BROCK DR 1.33 U 5 LOWMAN, MIKE SF20A 711 PORTOFINO PL 0.47 NR 6 FRANKS, NINA SF20A 700 VENICE AVE 0.47 NR 7 BEENE, LORI DAMRON SF20A 719 PORTOFINO PL 0.46 NR 8 FAZEN, MARK A SF20A 720 PORTOFINO PL 0.46 NR 9 HARIDAS, RAGHAVEN SF20A 701 VENICE AVE 0.46 NR 10 QUINN, WILLIAM AG 2435 MICHAEL DR 0.55 NR 11 C&T LAWNS LLC AG 2440 MICHAEL DR 1.13 NR 12 C&T LAWNS LLC AG 2425 MICHAEL DR 1.11 NR 13 SMYTH, HENRY C SP2 301 WATERMERE DR 6.37 NR 14 MULLENIX, DAVID W SF20A 701 PORTOFINO PL 0.59 NR 15 SMYTH, HENRY C SP2 301 WATERMERE DR 8.90 NR 16 JOHNSON, GEORGE AG 2390 MICHAEL DR 1.13 NR Case No. Attachment D ZA17-064 Page 2 17 GLENDA WIESMAN TRUST AG 2621 W SOUTHLAKE BLVD 9.22 NR 18 GLENDA WIESMAN TRUST AG 2631 W SOUTHLAKE BLVD 3.50 NR 19 BYLER, JOHN R SF20A 705 PORTOFINO PL 0.46 NR 20 COMER, JACK SF20A 707 PORTOFINO PL 0.47 U 21 YOUNG, MICHAEL M SF20A 715 PORTOFINO PL 0.52 NR 22 QUINN, WILLIAM AG 2445 MICHAEL DR 0.57 NR 23 MURWAY, DEBBIE SF2 829 SIENA DR 2.37 NR 24 SOUTHLAKE CHURCH OF CHRIST CS 2417 W SOUTHLAKE BLVD 9.82 NR 25 GLENDA WIESMAN TRUST SF1-A 250 BROCK DR 1.53 NR 26 GLENDA WIESMAN TRUST AG 2651 W SOUTHLAKE BLVD 13.18 NR 27 LAKESIDE PRESBYTERAN CHURCH CS 2701 W SOUTHLAKE BLVD 7.43 NR 28 NADO I LLC SP1 2530 W SOUTHLAKE BLVD 1.92 NR 29 NADO I LLC SP1 2580 W SOUTHLAKE BLVD 1.71 NR 30 BONOLA FAMILY LTD PRTNSHP SF1-A 2608 W SOUTHLAKE BLVD 1.78 NR 31 TAK ENTERPRISES INC SP1 2419 W SOUTHLAKE BLVD 1.06 NR 32 QUINONES, MICHAEL C SF1-A 105 BROCK DR 0.52 NR 33 VARGAS, PERRY W SF1-A 209 BROCK DR 1.05 NR 34 HOWARD, EMMA L SF1-A 303 BROCK DR 1.09 NR 35 PAPILLARD, MARJORIE S SF1-A 319 BROCK DR 0.65 NR 36 PAPILLARD, MARJORIE A SF1-A 329 BROCK DR 0.69 NR 37 KUELBS, GREGORY G RE5 500 DAVIS BLVD 5.57 NR 38 KUELBS, GREGORY G RE5 504 DAVIS BLVD 2.10 NR 39 HANEY, ARVEL W EST SF1-A 400 BROCK DR 4.73 NR 40 HANEY, MARGARET SF1-A 410 BROCK DR 1.67 NR 41 KUELBS, GREGORY G SF1-A 684 DAVIS BLVD 5.09 NR 42 CT PLUS 4 LLC AG 2420 MICHAEL DR 1.13 NR 43 QUINONES, MICHAEL C SF1-A 109 BROCK DR 0.57 NR Responses: F: In Favor O: Opposed To U: Undecided NR: No Response Notices Sent: Thirty-seven (37) Responses Received: Two (2) Case No. Attachment E ZA17-064 Page 1 Case No. Attachment E ZA17-064 Page 2 Case No. Attachment E ZA17-064 Page 3 Case No. Attachment E ZA17-064 Page 4 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480-730 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 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 34.73 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 E ZA17-064 Page 5 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 hazard s 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; ef fect 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 Case No. Attachment E ZA17-064 Page 6 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 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 f ound 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: Case No. Attachment E ZA17-064 Page 7 Being described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 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 34.73 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 be en 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 Case No. Attachment E ZA17-064 Page 8 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. SECTION 5. That this ordinance shall be cumulative of all other ordinances of the City of S outhlake, 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 th e 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 crimina l, whether pending in court or Case No. Attachment E ZA17-064 Page 9 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 pr oposed 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 E ZA17-064 Page 10 ________________________________ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY DATE:___________________________ ADOPTED:_______________________ EFFECTIVE:______________________ Case No. Attachment E ZA17-064 Page 11 EXHIBIT “A” Being described as Tracts 5A, 5C1, 5B, 5A3, and 5A2, Jesse G. Allen Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas and Lots 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: Reserved for Metes and Bounds Description Case No. Attachment E ZA17-064 Page 12 EXHIBIT “B” Reserved for approved Development Plan